50-00000-24-00021_Emergency Food and Water Distribution ITB Final.pdf.PDF

GSD/SPD (Rev. 1/2024)

Invitation to Bid – Price Agreement

Title: Emergency Food and Water Distribution

ITB Number: 50-00000-24-00021

Agency Requested Delivery: As requested

Commodity Code(s): 95284; 95894; 96136;

96240; 97191

Bids Due No Later Than:

Date: October 15, 2024 Time: 2:00pm Late Submission of Bids Will Not Be Accepted.

Formal Sealed Bid Opening, to occur immediately following the due date and time:

Place: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?conte xt=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250- 9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

If you have questions regarding this ITB please contact:

Procurement Specialist: Mikayla Trujillo Telephone No.: 505-469-1092 Email: Mikayla.Trujillo@gsd.nm.gov

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

NM Vendor ID# (if applicable):_____________________ Remit Address: ________________________________ Company Name: _________________________________ ____________________________________________ DBA (if applicable): ______________________________ ____________________________________________ Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: (e.g., Net 30. Discount will not be considered in computing the low bid, see “Terms and Conditions”)

F.O.B. Point must be Destination, unless otherwise indicated by the NM State Purchasing Agent

Contractor’s Delivery: (May be considered in the award)

Authorized Signature: _________________________________ Print or type name: _________________________ Signatory Email: ____________________________________ Phone No.:_____________________________

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the buyer listed on the ITB front page.

Return Bid to: New Mexico General Services Department State Purchasing Division:

Electronic bid submission:

https://bids.sciquest.com/apps/Router/PublicEvent?Custo merOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161

State of New Mexico General Services Department

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-2 Bidder Instructions for Invitation to Bid (ITB)

Viewing ITB:

1. Bidders can access active procurements at the following sites:

• https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

• https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

2. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

• Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.”

Such electronic submissions will be considered sealed bids in accordance with statute.

• If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN

BE ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?conte xt=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250- 9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-3

Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Contractor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Contractor from the obligations and liabilities under this order.

b. Contractor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services.

The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments.

The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-4 defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Contractor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her designee.

13. Nondiscrimination: Contractor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

14. The Procurement Code: Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids must be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope. Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three

(3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

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Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that his/her opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven

(7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense.

Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-6 Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceeds $250,000 dollars.

B. Contractor agrees to maintain a record of the number of its New Mexico Employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Contractor who performs the majority of the employee’s work for Contractor within the State of New Mexico, regardless of the location of Contractor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

Department Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement, the using agency may issue orders for items and/or services described herein.

The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

https://www.bewellnm.com/

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-7

The items and/or services to be ordered shall be listed under Article IX – Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by either the New Mexico State Purchasing Agent or the user that any order for any definite quantity will be issued under this Price Agreement. The Contractor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order issued.

Article II –Term The term of this Price Agreement for issuance of orders shall be as indicated in specifications.

Article III –Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX - Price Schedule. Orders issued against this schedule will show the applicable price agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the instructions of this form. Shipment shall be made only against specific orders which the user may place with the contractor during the term indicated in Article II – Term. The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item. Delivery shall be made as indicated on page 1. If Contractor is unable to meet stated delivery the State Purchasing Agent must be notified.

Article V – Termination The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided for in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-8 Specifications:

Purpose:

The New Mexico Human Services Department wishes to enter into a multi-vendor Statewide Price Agreement for the distribution of food during a specified event. The intent of the Price Agreement is to allow multiple state agencies to reimburse the participating Food Banks for administrative costs of distributing food and water during disaster and emergency declaration or, situations of distress, through the Department of Homeland Security and Emergency Management (DHSEM) ESF6 operations. It also allows state agencies to respond to critical emergent situations that prevent, control or minimize imminent health danger to public and or vulnerable populations. State agencies will be allowed to utilize this Price Agreement in the event of loss of food supply chain or emergency hunger issue at a designated feeding site.

Term:

The term of this Price Agreement shall be for one (1) year from date of award with the option to extend for a period of three (3) additional years, on a year-to-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This Price Agreement shall not exceed four

(4) years.

Multiple Awards:

Pursuant to the Procurement Code, Sections 13-1-153 and 13-1-154, the State reserves the right to issue multiple awards to obtain the items listed. Multiple awards are recommended to ensure availability and timely delivery.

Awards will be made to meet the best interests of the State of New Mexico.

Escalation / Reduction Clause:

In the event of a product or service cost increase an escalation request will be reviewed by this office on an individual basis. Please be aware this measure is not intended to allow any increase in profit margin, only to compensate for an actual cost increase. Price decreases as well as increases shall apply. If vendor’s prices are reduced for any reason, users shall receive the benefit of such reductions. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor.

Quantities Service:

The Contractor will be contacted on an as needed, on-call basis to perform work associated with this Price Agreement. A Price Agreement award is without assurance of quantity or dollar amount of work: the State does not guarantee any amount of work. Failure to respond to the State’s requests may be grounds for termination of this Price Agreement.

Minimum Requirements:

I. A participating Food Bank shall provide the following:

A. Appropriate facilities and adequate personnel to receive, handle, store, pack and deliver the food including, but not limited to, a variety of household sized canned goods and dry shelf stable food, fresh produce and water, in accordance with instructions issued by a State Agency.

B. Maintain records in connection with the program and retain such records as set forth by New

Mexico State law.

C. Allow access for representatives of the procuring agency, at a reasonable time, to examine the food related to a specified transaction and situation, which includes fresh produce, in storage or of the facilities or warehouse used in the handling and storage of food including fresh produce, as well as any records maintained by the Food Bank pertaining to a specific distribution of food including fresh produce.

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-9 D. Provide receipts for all additional expenses involved in the cost of acquiring and distributing food per the terms of this Agreement.

E. The Food Bank will receive, store, pack and deliver the purchased or donated food and water which may include fresh produce, to New Mexico residents determined to be impacted by a Disaster, Emergency, Emergent situations, Situation of Distress, or critical supply shortage. The Food Banks will also serve those that have been identified by the state for Prevention, Containment, or hunger relief efforts.

F. In the event that procuring agencies need additional resources for food boxes, the Food Banks are allowed to acquire (with pre-approval) subcontracted services at a cost to the state agency:

a. Procure Food including fresh Produce

b. Acquire Food including fresh Produce

c. Reclaim Food including fresh Produce

d. Store Food including fresh Produce

e. Distribute Food including fresh Produce

II. Performance Measures:

By the end of the state fiscal year (June 30th), Food Banks must have:

A. Successfully delivered all food and water purchased by a designated state agency to a final distribution site or received plans for on-going or final disposition of undelivered or extra food and water.

B. Grants awarded for a specific disaster, emergency, situation of distress, etc., as described above must be tracked and invoiced independently of other state funded incidents.

C. Charitable donations, Association Resources, and State of New Mexico-owned product should all be considered and utilized, when possible, prior to any additional procurement taking place.

D. Successfully coordinate with the New Mexico (NM) Department of Homeland Security and

Emergency Management’s (DHSEM) Emergency Operations Center (EOC) or other requesting state agencies to accept food orders for Tribal and County Emergency Managers or other New Mexico communities in need to meet emergent food needs. The coordination includes, but is not limited to:

a. Access the DHSEM Food System to receive EOC Form #213 orders.

b. Assist in developing and provide the food purchase, preparation, and delivery logistics for each order received. Food Banks may deny orders that cannot be completed due to their operational limitations.

c. Complete deliveries and upload the required specific delivery data into the DHSEM Food system.

E. Submit invoices to state agencies. Monthly by the 20th calendar day of the following month. The Food

Bank must submit an invoice with backup documentation i.e. box count, case of water count, and additional food added.

1. Allowable costs for reimbursement are: $9.25/delivered food box. This price will cover the cost of receipt, storage, distribution, transportation, packaging and personnel including the costs for empty boxes for packing.

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-10

2. Additional food purchases and fresh produce purchases (must be pre-approved and authorized and properly encumbered by state agency)

3. Food Banks will follow end of year deadlines for billing by state agencies.

F. The Food Banks will provide a report including the date, the number of food boxes and cases of water delivered, and/or the number of pounds of food, including fresh produce distributed in each county.

The report is due no later than the 20th of the month with each invoice. Reports may be based on independent funding source needs. The report can be incorporated into the monthly invoice whenever possible.

G. The Food Banks must submit a quarterly inventory report of food remaining in their custody for a specific incident or project. The report will include the total quantities received, the total quantity distributed, and the total inventory on hand. The inventory reports will continue until all supplies are depleted or the project is complete. The quantity may be expressed in pounds, truckloads, cases or units. The report is due no later than the 10th of the month following the end of each quarter (October, January, April and July).

III. A State Agency shall:

A. Check availability of a participating Food Bank for the specific region where food box and water delivery is requested.

B. Ensure the food and water delivered meets the FEMA or cognizant funding source requirements for nutritional value and daily needs of the affected population.

C. Purchase and make delivery arrangements with food vendors with ample supplies to fill box to specified amount.

D. Pay food vendors upon receipt of food at the food bank.

E. Provide a Purchase Order to the food banks prior to project start for the total of food boxes needed.

The PO shall detail the quantity of food boxes, delivery location and the name of the community where the food boxes will be delivered. The PO should also indicate the specific emergency/event/occasion the food is addressing and the funding source.

F. Provide a detailed but standard packing list of all food items and total amount of boxes.

G. Agree to allow substitutions in the event supplies are not enough to fill the required number of boxes.

The food banks may use replacement items that meet the nutritional equivalent and provide the cost to the state agency for reimbursement. Substitutions must be pre-approved by state agency.

H. Submit invoice for payment within five (5) days of approved receipt.

I. Provide instructions for odds or extras that don’t fit packing instructions.

J. Each State agency is responsible for securing funds related to each project and reporting to funding source.

Federal Funds:

This ITB may involve federal funds and therefore does not qualify for resident business or veterans’ preferences.

Purchasing Division ITB Price Agreement #: 50-00000-24-00021

Page-11 Items’ Submission Instructions:

Submission process only - Contact the help line directly at: (505) 795-1894(505) 819-7052, or (800) 233-1121 or you can contact the buyer listed on the ITB (this document) front page.

Items are located on our website: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

Online Submissions:

1. Download the Excel spreadsheet from the Buyer Attachments’ page;

2. Enter your bid prices into the Excel spreadsheet;

3. Upload the Excel spreadsheet into the Supplier Attachments’ page.

Items:

Item

Approx.

Qty.

Unit

Article and Description

Unit Price

001 1 Box Receive, pack and deliver a variety of shelf stable and other types of food, including fresh produce, to designated food distribution sites. $_____________

002 1 Case Additional food required to complete distribution (pre-approved by State Agency) $_____________

003 1 Each Fees for disposal of spoiled, damaged or unusable food. (must be pre-approved by State Agency) $_____________

004 1 Case Receive bottled water $_____________

*** 4 Items Total ***

NOTE TO BIDDERS:

All bids must be made completely independent of all other bids submitted. Where multiple bids are submitted by bidding entities owned by the same person or persons, those bids will be presumed to not be made independently of one another, and may be disqualified.

It is the Bidders’ responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE ACCEPTED.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico