6-RFP 17-26-BB Proposal Document.pdf

Bernalillo County

Request for Proposal # 17-26-BB

Bond Counsel Services

Non-Mandatory Pre-proposal MS Teams Meeting: am (local time)

Deadline for Receipt of Proposals: September 17, 2025 at 10:00am (Mountain Time)

The County eProcurement System will not allow Proposals to be submitted after this date and time.

Prepared by:

Bernalillo County

Purchasing Section September 10, 2025

TABLE OF CONTENTS PAGE

I. INTRODUCTION 3 - 5

A. PURPOSE OF THIS REQUEST FOR PROPOSALS 3

B. SUMMARY SCOPE OF WORK 3

C. PROCUREMENT MANAGER 3

D. DEFINITION OF TERMINOLOGY 3 - 5

II. CONDITIONS GOVERNING THE PROCUREMENT 6 - 11

A. SEQUENCE OF EVENTS 6

7B. EXPLANATION OF EVENTS 6 - 7

C. EVALUATION PROCESS 7 - 8

D. GENERAL REQUIREMENTS 8 - 11

III. RESPONSE FORMAT AND ORGANIZATION 12 - 13

A. NUMBER OF RESPONSES 12

B. PROPOSAL FORMAT 12

C. PROPOSAL ORGANIZATION 13

IV. SCOPE OF WORK 14

V. SUBMITTAL REQUIREMENTS 14

VI. TECHNICAL SUBMITTAL REQUIREMENTS 15 - 16

VII EVALUATION CRITERIA 16 - 18

VIII. PROPOSED DRAFT AGREEMENT 19 - 27

APPENDIX A - RANKING INFORMATION 28

APPENDIX B - APPLICATION OF PREFERENCES 29 - 30

APPENDICIES BELOW ARE REFERENCED IN THIS RFP AND UPLOADED SEPARATELY

APPENDIX C - SUBMITTAL LETTER FORM

APPENDIX D - CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX E - UNFAIR BUSINESS PRACTICES DISCLOSURE FORM

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The Bernalillo County (“County”) Purchasing Section of the Procurement and Business Services Department (“Purchasing”) is soliciting proposals from Offerors to provide Bond Counsel Services.

B. SUMMARY SCOPE OF WORK

The selected firm will provide Bond Counsel services for Bernalillo County’s bond issuances, advise as needed, and may serve as disclosure counsel if required, in accordance with County procedures and contract terms.

C. PROCUREMENT MANAGER CONTACT

Any inquiries or requests regarding this procurement should be submitted in writing to the designated Procurement Manager listed below. Attempts to contact anyone other than the Procurement Manager that the prospective Offeror believes can influence the procurement decision, i.e., Elected Officials, County Manager, Evaluation Committee Members, etc., may lead to immediate elimination from further consideration. All responses will be in writing and will be distributed to all potential Offerors who receive a copy of this Request for Proposals.

Brittany Bustos, Purchasing Administrator Bernalillo County Purchasing 415 Silver Ave. SW, 6th Floor Albuquerque, New Mexico 87102

Telephone: (505) 3527-2329 Fax: (505) 468-7067 E-mail bbustos@bernco.gov

D. DEFINITION OF TERMINOLOGY

This Section contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

“Addendum” means a change, addition or supplement to the information provided in this RFP document.

“Agreement” means a duly executed and legally binding contract.

“Contractor” means successful Offeror.

“Confidential” shall mean confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3- A-1 to 57-3A-7 or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

“County” shall refer to the County of Bernalillo, New Mexico.

“Central Purchasing Office” means the County Purchasing Section.

“County Purchasing Section” means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof.

“Desirable” means the terms “may”, “can”, “should”, “preferably”, or “prefers” identifies a desirable or a discretionary item or factor for the Department to determine.

“Determination” means the written documentation of a decision of a procurement manager including findings of fact required supporting a decision. A determination becomes part of the procurement file to which it pertains.

“Evaluation Committee" means a body appointed to perform the evaluation of Offerors’ proposals.

“Evaluation Committee Report” means a report prepared by the Procurement Manager on behalf of the Selection Committee that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

“Finalist” is defined as an Offeror who meets all the mandatory specifications of the RFP and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Selection Committee.

“Local Business Preference” means a business that holds a valid Resident or Native American Business/Contractor certificate issued by the State of New Mexico Taxation and Revenue Department and maintains an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis. If necessary, the County may seek additional information or proof to verify eligibility for the Local Business Preference, pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“Mandatory” means the terms “must”, “shall”, “will”, “is required”, or “are required”, identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offerors proposal, without exception.

“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

“Notice of Award” shall mean a formal written notice by the Purchasing Section.

“Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

“Ordinance” means the Bernalillo County Procurement Ordinance, Chapter 2, Article V, Division 1 – 3 (§2-356 through 2-402).

“Pay Equity Preference” means any business that maintain a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form that has been submitted by the Offeror.

“Preference Limitations” means the total amount of all preferences applied including the applicable State of New Mexico preferences, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 18%, with the limit on State of New Mexico preferences as set forth under the New Mexico State Procurement Code. When applying the Bernalillo County preferences as set forth in Ordinance §2-367, the total dollar amount of Bernalillo County preferences shall never exceed $180,000.00.

“Procurement Manager” means the person or designee authorized by the Purchasing Section to manage or administer procurements requiring the evaluation of competitive sealed proposals.

“Purchase Order” means the document, which directs a contractor to deliver items of tangible personal property or services pursuant to an existing Agreement.

“Request for Proposals” or “RFP” means all documents, including those attached or incorporated by reference, used for soliciting proposals.

“Resident Business Preference” means a business that has a valid resident or Native American resident business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367 but does not include a resident veteran business.

“Resident Veteran Business Preference” means a business that has a valid resident veteran or native American Veteran business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“Responsible Offeror” means a business entity or individual who has the ability to fulfill the solicitation expectations and requirements, including but not limited to financial and technical capacity to perform the requirement of the solicitation and subsequent Contract.

“Responsive Offer” or “Responsive Proposal” means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals, including all mandatory requirements and all of its requirements including all form and substance.

“Selection Committee” means a team established to evaluate proposals, conduct interviews, and assist with negotiations during proposal evaluation for a specific product or services. Teams typically represent the functional areas to be addressed in the discussions. The Procurement Manager shall provide only technical assistance requested by the committee.

“Small Business Preference” means a business that has a Local Business Preference eligibility documentation as well as an affidavit from a Certified Public Accountant (CPA) affirming that the business employs an average of fewer than 50 full-time employees in a calendar year. Ordinance 2- 367.

“User Department” means a County department, office, unit or staff member for which procurement services are provided.

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP outlines and describes the major events of the Selection Process and specifies general requirements.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsibility Date

1 Issue of RFP County Purchasing Section September 10, 2025

2. Non-Mandatory Pre- Proposal Conference

Purchasing, /Selection Committee, Offerors

September 17, 2025 at 10:00am

3 Deadline to Submit Questions, due 10:00 a.m.

Potential Offeror September 26, 2025 by 5:00pm

4. Response to Written Questions/RFP

Purchasing, /Selection Committee September 30, 2025

5. Submission of Proposal Offerors October 10, 2025 by 4:00pm

6. Proposal Evaluation Selection Committee November 3, 2025

7. Status Notification of Finalist(s)/Non-Finalist(s)

Purchasing Section November 5, 2025

8. Interviews (if applicable) Selection Committee, Finalists TBD

9. Contract Negotiations Purchasing /Selection Committee TBD

10. Award Bernalillo County Commission Week of November 10th

B. EXPLANATION OF EVENTS

1. Distribution of RFP Document - This RFP is issued by the Purchasing Section in accordance with the provisions of Ordinance §2-365 and 2-395. The Purchasing Section is the only organization who is authorized to make copies and/or distribute this RFP in any format. A distribution list of those who receive the RFP will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Proposal from Offerors not included on the distribution list shall result in immediate disqualification and Proposal shall be rejected. Additional copies of the RFP can be obtained from the Procurement Manager.

2. Pre-Proposal Conference - A Non-Mandatory Pre-Proposal Conference will be held on September 17, 2025 (local time) at 10:00am. MS Teams only. Potential Offerors are encouraged to participate via Audio Meeting (Dial-in Number) +1(505)-225-7962; Conference ID: 810653046# or via Video Meeting ID: 240 746 691 557 4, Passcode: cU29JL2k.

Attendance at the pre-proposal conference is not a prerequisite for submission of a proposal.

3. Questions/Clarifications Prior to Pre-Proposal Conference - Potential Offerors are encouraged to submit written questions in advance of the conference at https://bernco.bonfirehub.com/Opportunities. Perspective Offerors must register with the County’s public purchasing portal at https://bernco.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A at https://bernco.bonfirehub.com/Opportunities. The County will not accept any communications by any other means, except as specifically stated in this RFP.

https://bernco.bonfirehub.com/Opportunities https://bernco.bonfirehub.com/ https://bernco.bonfirehub.com/Opportunities

The identity of the perspective Offeror submitting the question(s) will not be shared. All written questions will be addressed at the conference. A public log will be kept of the names of perspective Offerors that attended the conference.

4. Response to Written Questions - An Addendum will be issued in response to written questions.

If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum. Any Addendum issued prior to the submittal deadline shall become a part of the RFP.

5. Deadline to Submit Additional Written Questions - Prospective Offerors may submit additional written questions via the County’s public purchasing portal at https://bernco.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A, https://bernco.bonfirehub.com/Opportunities until September 26, 2025, 5:00pm Mountain Standard Time/Daylight Time as indicated in the sequence of events. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis for the question.

6. Response to Written Additional Questions - An Addendum will be issued in response to additional written questions and will be distributed to all recipients of the original RFP. If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum.

Any Addendum issued prior to the submittal deadline shall become a part of the RFP. The identity of the perspective Offeror submitting the question(s) will not be shared.

7. Submission of Proposal – All Offeror proposals must be received for review and evaluation, no later than 4:00 PM Mountain Standard Time/Daylight Time on October 10, 2025. Submit your complete Proposal including all forms, attachments, exhibits, Technical Proposal, Cost Proposal, etc. using the eProcurement System at https://bernco.bonfirehub.com/login. If you do not have a username and password, please register as this is the only method to submit electronically at https://bernco.bonfirehub.com. on the Portal.

All proposals must be received by the County’s Purchasing Section as specified herein. Failure to comply with the submission requirements shall be cause for the County to deem the proposal submittal nonresponsive.

C. EVALUATION PROCESS

The Evaluation Process section contains specific information about the process of evaluating Offeror proposals.

1. Notice of Non-Responsiveness - For any proposal submitted which is deemed non-responsive the Offeror will be notified in writing of such determination by the Purchasing Section.

2. Selection Process - The Selection Committee will review each Offerors proposal. Points will be allocated, as outlined in Section VI of this RFP, by each member. Each member’s point totals will be translated into a numeric ranking of all proposals. The individual member rankings will be totaled together to determine the overall ranking of proposals. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposal through oral presentations (interview) or the provision of information (either orally or written) deemed necessary to assist in the evaluation process. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors. Offerors are advised that the Selection Committee, at its option, may enter into the negotiation process with the highest ranked Offeror on the basis of the evaluation of the written proposals only, and may not require discussion and/or interviews. Upon completion of the selection process, the Selection Committee shall recommend award of contract to the County Commission or their designee for approval.

Each responsive Offeror will be notified in writing as to their status following the selection process.

3. Status Notification of Finalists/Non-Finalists – Each responsive Offeror will be notified in writing about the status of their proposal. This notification will include information regarding whether or not their proposal has been selected for the interview, negotiation process or award. Finalists will be those Offerors whose proposals have been selected to continue in either the interview, https://bernco.bonfirehub.com/ https://bernco.bonfirehub.com/Opportunities%20until%20September%2026 https://bernco.bonfirehub.com/login https://bernco.bonfirehub.com/ negotiation process or award. Non-finalists are those Offerors whose proposals have not been selected to continue in either the interview, negotiation process or award.

4. Best and Final Offers – Offeror(s) may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. Revisions may be for clarification of the proposal or to get the best price or for both. When applicable, the notification to Finalist(s) who have been selected to submit a best and final offer will include the date and time, the best and final offer must be submitted.

5. Interviews with Finalists – If applicable the notices for the Finalists who have been selected for interviews, will include the interview date and time. The interview location is at the discretion of the Selection Committee. Interview questions will be sent to finalists prior to interview by the Purchasing Section. Interview scoring will total 100 points. Each member’s point totals will be translated into a numeric ranking of all interviewed Finalists. The individual member rankings will be totaled together to determine the overall ranking of Finalists.

Rankings for the evaluation of written proposals are weighted 45% and ranking from the interviews are weighted 55% in determining the final selection as shown in Appendix A. The Offeror with the highest combined ranking (lowest numerical score) from the interview shall be recommended for award.

6. Negotiations – The County will begin negotiations with the highest ranked Offeror(s) following Finalist notification. Actual fees shall be negotiated based upon specific services, reimbursable expenses, and specific successful Offeror requirements. If negotiations are successful, the County shall prepare an Agreement for approval by the County Commission or its designee. If an agreement on terms cannot be reached within a reasonable time the County shall terminate negotiations and begin negotiations with the next firm on the ranking list. This process will continue until an Agreement has been negotiated with one of the firms on the ranking list. If an Agreement cannot be negotiated with the firms on the ranking list, the County may choose to negotiate with other qualified Offerors scored by the Committee or to terminate negotiations.

D. GENERAL REQUIREMENTS

The General Requirements section contains specific information about the process, general conditions, and instructions, which govern this procurement.

1. Protests - In accordance with Procurement Ordinance, §2-385, §2-367 and applicable procurement regulations, any Offeror who is aggrieved in connection with a solicitation, application of preferences and or award of an Agreement may protest to the Procurement and Business Services Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Annie Baca, Procurement and Business Services Director Purchasing Section, 6th floor 415 Silver Ave. SW Albuquerque, NM 87102

Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

2. Incurring Cost - Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

3. Application of Preferences - To ensure adequate consideration and application of Preferences pursuant to §13-1-21, NMSA 1978 and Ordinance 2-367, Offerors must include a copy of their State of New Mexico preference certificate and any additional documentation required for the County preferences with their proposal. Offerors are not eligible to receive both a Resident Business/Contractor Preference and a Resident Veteran Business/Contractor preference. The

Preferences shall not apply when the expenditures for this RFP includes federal funds. See Appendix B for explanation and application for Preference eligibility.

4. Pay Equity Documentation - All Offerors shall include with their proposal submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

Offerors who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form. Failure to provide a Pay Equity Reporting Form at the time of submission may result in the Offer being deemed nonresponsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if; (i) the originally submitted form requires a technical change; or (ii) the Offeror fails to include a Pay Equity Reporting Form at the time of submission, provided that the Offeror submits the Pay Equity Reporting Form within the 24 hour business period.

NOTE: THE REQUIRED PAY EQUITY REPORTING FORM IS NOT A PAY EQUITY BUSINESS

CERTIFICATE, NOR DOES IT QUALIFY AN OFFEROR FOR THE PAY EQUITY

PREFERENCE. FOR QUESTIONS ON HOW TO OBTAIN A PAY EQUITY BUSINESS

CERTIFICATE AND QUALIFY FOR THE PREFERENCE, PLEASE CONTACT THE

PROCUREMENT MANAGER IN SECTION I.C BY TELEPHONE: (505)527-2329 OR EMAIL:

bbustos@bernco.gov.

5. Subcontractors - The successful Offeror is responsible for performance by any subcontractor providing Services in connection with this RFP; payments to a subcontractor(s) is the responsibility of the successful Offeror. The successful Offeror is solely responsible for fulfillment of the contract agreement resulting from this RFP.

6. Amended Proposals - An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. Purchasing Section personnel will not collate or assemble proposal materials.

7. Right to Reject Proposal - The County reserves the right to reject a proposal from any Offeror who has previously failed to perform properly, has caused the County to incur unreasonable costs or expense, failed to complete on time an agreement of a similar nature, or who is not in a position to perform the work governed by this RFP.

8. Offerors Rights to Withdraw Proposal - Offerors will be allowed to withdraw their proposals at any time, prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offerors duly authorized representative addressed to the Director of the Purchasing Section. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Director of the Purchasing Section.

9. Disclosure of Proposal Contents - A public log will be kept of the names of all Offerors which submitted proposals. The proposals and documents pertaining to the proposals will be kept confidential throughout the duration of the procurement process and until a contract is awarded.

At that time, all proposals will be open to the public, except for the material, which has been previously noted and deemed as proprietary or confidential.

10. Confidentiality/Public Records - Confidential data is normally restricted to confidential financial information concerning the Offerors organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFP response shall be deemed to be public records, subject to public inspection, upon award of the RFP and execution of an Agreement by the County Commission or their designee. If the Offeror believes any of the information contained in its response is exempt from the Inspection of Public Records Act (NMSA 1978, Chapter 14, Article 2), then the Offeror must identify the material deemed to be exempt and cite the legal authority for the exemption. Any pages of a proposal on which the Offeror has stamped or imprinted “proprietary” or “confidential” must be readily separable from the proposal in order to facilitate http://www.bernco.gov/general-services/pay-equity.aspx mailto:lal@cabq.gov public inspection of the non-confidential portion of the proposal.

The County’s determination of whether an exemption applies shall be final, and the Offeror agrees to defend indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County’s treatment of records as public records.

11. Cancellation - This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Director of the Purchasing Section determines such action to be in the best interest of the County.

12. Sufficient Appropriation - Any Agreement awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effective by sending written notice to the Contractor. The County’s decision as to whether sufficient appropriations and authorizations are available is in the sole discretion of the County and shall be final and binding upon the Contractor.

If the determination is made that there is insufficient funding to continue or finalize the services the Contractor will be compensated to the level of effort performed, as authorized by the County prior to that determination.

13. Code of Conduct - The successful Offeror shall abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the successful Offeror’s interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included in Section VII).

14. Acceptance of Conditions Governing the Procurement - Offerors must indicate their acceptance of the Conditions Governing the Procurement, Section II, in the Submittal Letter Form.

Submission of a proposal constitutes acceptance of all conditions contained herein including the evaluation factors contained in Section VI.

15. Standard Agreement - A draft copy of the proposed Agreement to be entered into is included in Section VIII. However, the County reserves the right to negotiate with the successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the Agreement.

16. Offeror Qualifications - The Selection Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Selection Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Ordinance §2-358 (oo) and (pp).

17. Right to Waive Minor Irregularities - The Purchasing Section reserves the right to waive minor irregularities. The Purchasing Section also reserves the right to waive mandatory requirements if all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Purchasing Section.

18. Notice - The County Ordinance and the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

19. Release of Information - Only the County is authorized to release information covered by this RFP. The Offerors must refer to the County any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

20. Ownership of Documents - Any specifications, and other project documents are the property of the County.

21. Costs Incurred in Responding - This solicitation does not commit the County to pay any costs incurred in the preparation and submission of proposals or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services.

22. Proposal Firm Offer - It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. Responses to this RFP will be considered firm for that time frame. The https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bernco.gov%2Fcompliance-office%2Fbernalillo-county-code-of-conduct%2F&data=05%7C01%7Cacbaca%40bernco.gov%7Ca0475eac0ea04b74a46208dafef5c0ad%7C2017becccef8453fae3c04934fc97714%7C0%7C0%7C638102628707140665%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NSVmDNQrHf0WLxXW26bnUPp2T3oQhj2sFyzUWqrk4uU%3D&reserved=0 anticipated Agreement term four (4) years.

23. Insurance Requirements - Insurance is required of the Contractor in the limits identified in the Proposed Draft Agreement, Paragraph 15, attached hereto.

24. Proof of licensing - The County reserves the right to request proof of licensing for which licensure by the State of New Mexico or another agency is required, (e.g., Professional Architect/Engineer Number, State Bar Member Number, Contractor, etc.).

25. W-9 Information - Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Offeror; according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% or payments made, if the information is not furnished by the successful Offeror.

If the successful Offeror’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

26. Applicable Law - This procurement and any Agreement that may result from this procurement shall be governed by the laws of the State of New Mexico.

27. Unfair Business Practices - A system or pattern of acts or practices that a relevant federal or enforcement agency has made a formal finding within the last three years to be discriminatory, deceptive, fraudulent, or abusive (or similar terms) under the New Mexico Unfair Practices Act, NMSA 1978, §57-12-1 et seq, or an applicable federal or other state consumer protection law relating to the subject matter of the procurement) or that has violated a relevant criminal statute, as evidenced by a public enforcement order or judgment, settlement with the enforcement agency or other formal finding by the relevant enforcement agency with regulatory enforcement authority under the applicable consumer protection law, or criminal conviction.

The County finds that it is a priority to protect its interests and the public's trust by conducting its business with partners that are committed to and consistently demonstrate engaging in fair and responsible business practices. The general purpose and intent of the New Mexico Unfair Practices Act is to ensure to the maximum extent practicable that contracting practices support conducting government business with partners who are committed to and consistently demonstrate engaging in fair and responsible business practices and avoid conducting its business with partners that engage in criminal or systematic deceptive, fraudulent or abusive business practices.

Offerors must submit with their proposal the completed “Unfair Business Practices Disclosure Form” found in Appendix E. Failure to complete and return the signed unaltered form may result in disqualification.

III. RESPONSE FORMAT AND ORGANIZATION

This section describes the format and organization of the Offerors responses. Failure to conform to these guidelines may result in the disqualification of the proposal.

A. NUMBER OF RESPONSES

Offeror’s may submit only one (1) proposal.

B. PROPOSAL FORMAT

Format. Each file uploaded to the eProcurement System shall be in Optical Character Recognition (OCR) searchable PDF format unless otherwise indicated. Do not encrypt files and do not password protect the documents submitted.

The proposal must be limited in format and length. Length of the Proposal shall be limited to a maximum of fifty (50) pages (printed sheet faces) of text and/or graphic material.

Material excluded from the fifty (50) page (maximum count shall include and shall be limited to:

Front cover (blank on back side) Divider pages (blank except for title information) Table of Contents (one page maximum) Submittal Letter Form Cost Detail Certificate(s) of insurance Resident Business Certificate

Resident Veteran Business Certificate Campaign Contribution Disclosure Form Unfair Business Practices Disclosure Form

Back cover (blank on one side)

ANY SHEETS OR PAGES INCLUDED IN THE PROPOSAL, BUT NOT SPECIFICALLY

EXCLUDED, AS NOTED ABOVE, SHALL BE COUNTED TOWARDS THE 50 PAGE MAXIMUM.

C. PROPOSAL ORGANIZATION

The proposal is to be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated.

File #1 (Mandatory)

1. Table of Contents

2. Submittal Letter Form. Proposals must be accompanied by a Submittal Letter Form (Appendix C), which contains the following information:

A. Identity of the submitting business, including name and address of organization, firm, or Department and nature of organization (individual, partnership or corporation, private or public, profit or non-profit);

B. Identifies the name and title of the person(s) authorized by the company to contractually obligate the business for the purpose of this RFP;

C. Identifies the names, titles, and telephone numbers of persons to be contacted for clarification questions regarding this RFP and person(s) to be contacted for negotiations.

D. Acknowledges receipt of any and all Addendums to this RFP;

E. By signing the form the Offeror is explicitly indicating the following:

1. Acceptance of Conditions Governing the Procurement as stated in Section II of this

RFP.

2. A concurrence to comply with the Pay Equity Reporting Requirements as stated in Section II of this RFP.

3. A commitment to comply and act in accordance with the following:

Federal Executive Orders relating to the enforcement of civil rights;

New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights;

Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment;

Executive Order No. 11246, Equal Opportunity in Federal Employment;

Title 6, Civil Rights Act of 1964;

Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP.

4. Signature on the form must be from a person authorized to contractually obligate the Offeror.

3. “Campaign Contribution Form”

In accordance with Appendix D, Offeror’s must comply with Procurement Ordinance, Chapter 2, Article V, Division 1-3, Section 2-390 (b), pertaining to the disclosure of campaign contributions made to an applicable public official of a local public body.

Offeror(s) shall submit the “Campaign Contribution Disclosure Form” with their proposal submittal. Any Offeror who fails to comply with this requirement will be disqualified, no exceptions. NOTE: THIS FORM SHALL BE SUBMITTED IN ITS

ORIGINAL FORMAT AND SHALL NOT BE MODIFIED OR CHANGED IN ANY WAY.

4. Proposal Summary (optional)*

5. Response to Proposal Requirements (except for cost response)

6. Additional Required Materials

File #2

a. Complete Cost Response

b. Resident Business Certificate or Resident Veteran Business Certificate (see Section II.D.3 and Appendix B for additional information).

c. Unfair Business Practices Disclosure Form” found in Appendix E. Failure to complete and return the signed unaltered form may result in disqualification.

d. Offeror’s Additional Terms and Conditions**

*Properly tabbed divider for this section must be included in the proposal. Optional Proposal Summary is for information overview only and will not be scored. If no summary is provided, a single sheet must be included, following the tabbed divider, stating “No Proposal Summary included with this proposal”.

**If no exceptions or modifications have been included and Offeror has explicitly indicated acceptance on the “Submittal Letter” and no additional proposed Terms and Conditions are included, so state on a single sheet, following the tabbed divider.

Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. All discussion of proposed costs, rates or expenses must occur only in a separate location with the cost response form.

Offerors may attach other materials that they feel may improve the quality of their responses.

However, these materials should be included as items in a separate appendix and counted towards the fifty (50) page maximum.

IV. SCOPE OF WORK

The firm selected to provide Bond Counsel Services will be expected to provide professional legal services (to include: Bond Counsel) to Bernalillo County to effect the issuance and sale of tax exempt bonds and taxable bonds issued by Bernalillo County and provide advice on other topics on an as needed basis. In the event Bernalillo County's disclosure counsel is unable to perform its duties, Bernalillo County's Bond Counsel may also provide services typically performed by a firm serving as disclosure counsel.

The Scope of Services shall be accomplished in accordance to the Outside Counsel Procedures, Attachment A, hereto and therefore becoming part of this Request for Proposal, and the Contract to be entered into between the County and the successful Offeror(s).

V. SUBMITTAL REQUIREMENTS

A: RESPONSIBILITES

1. ABILITY TO MEET SCOPE OF SERVICES

Provide a letter, signed and dated by a duly authorized representative, stating that your company is fully able to meet the Scope of Services, Specifications, and Requirements set forth in this RFP.

2. POSITIVE COMPLIANCE STATEMENT

a. Offeror(s) to include a Positive Compliance statement outlining its ability to meet to following responsibilities, per responsibility: Prepare and deliver to the Bernalillo County Deputy County Manager of Finance the financing timetable, all bond authorizations resolutions or ordinances (including election resolutions) and notice of sale resolutions and sale resolutions necessary for the issuance of the bonds, as well as provide all proceedings, and minutes required to be adopted and publications required to be made by the Bernalillo County Commission and closing transcripts (in CD-ROM or other format approved by the Deputy County Manager of Finance)

b. Provide any documents pertinent to Economic Development Financing projects to the Economic Development Department in final form no later than 12:00 noon on the Wednesday when ten-day rule commences for both inducement/notice of intent and final adoption of the project. The Offeror(s) will not depend on the Economic Development Department to make changes to its documents for adoption or execution by the Commission.

3. The Offeror(s) will be responsible for obtaining the signatures of all County Officials and notarizing its documents. County Staff will not be responsible for currying or notarizing the Offeror(s) documents.

4. Prepare and deliver to the Bernalillo County Deputy County Manager of Finance the Contractor's original approving opinion relating to the validity and enforceability of the issuance of securities and, when applicable, to the tax exempt status of such securities;

5. Attend all meetings and closings pertaining to securities issued by Bernalillo County and others as deemed necessary by Bernalillo County.

6. Assist Bernalillo County's disclosure counsel, municipal advisor and the Bernalillo County Deputy County Manager of Finance in the preparation of a Preliminary and Final Official Statement to be adopted by the Bernalillo County Commission at the time any Notice of Bond Sale, Ordinance or sale resolution is to be considered relating to the prospective issuance of securities of Bernalillo County;

7. Advise Bernalillo County's municipal advisor, disclosure counsel, Deputy County Manager of Finance of any circumstances that come to the Contractor's attention which might require the preparation of a supplement or addendum to the Official Statements and assist in the preparation of any supplement or addendum needed prior to the delivery of any securities of Bernalillo County;

8. Coordinate the delivery of documents and other activities, and plan, coordinate and manage the pre-closing of every bond sale to assure the timely closing of those sales and the delivery of funds to Bernalillo County;

9. Prepare and deliver to the Bernalillo County Deputy County Manager of Finance the Contractor's opinion relating to state and federal tax and securities laws, for all issues of tax-exempt securities of Bernalillo County; provided, however, the Contractor may refuse to render such opinion, if, in its sole discretion, it determines that such approving opinion shall not be issued according to the facts and laws pertaining to the particular issue;

10. Prepare and deliver to the Bernalillo County Deputy County Manager of Finance all reauthorization resolutions required to be adopted by it relating to legislative reauthorizations of bond proceeds and deliver necessary opinions related thereto;

11. Render advice as to maintaining the tax-exempt status of securities of Bernalillo County;

12. At no extra cost to Bernalillo County, provide to the Deputy County Manager of Finance and the County Treasurer continuing information concerning pending state and federal legislation and other areas of current developments relating to Bernalillo County's bond issues, when known by the Contractor, on any proposed and, to the extent requested by Bernalillo County Deputy County Manager of Finance, outstanding bond issues of Bernalillo County, and assist Bernalillo County Deputy County Manager of Finance in evaluating options and alternatives for issuing additional bonds, refunding or calling of outstanding bonds and new financing techniques, and assist Bernalillo County Economic Development Director in evaluating options and alternatives related to projects that may utilize Bernalillo County Economic Development Financing;

13. Cooperate with Bernalillo County and other county officials in the course of serving as Bond Counsel to Bernalillo County by responding to inquiries from the IRS and others relating to the tax-exempt status of tax-exempt securities of Bernalillo County, including outstanding securities for which the Contractor did not serve as bond counsel;

14. Review and advise the Bernalillo County Deputy County Manager of Finance regarding bond proceeds drawdowns, procedures and other matters regarding the bond project disbursement regulations;

15. Upon request of the Bernalillo County Deputy County Manager of Finance, perform advisory services generally related to various financing matters and on information presented on the Bernalillo County website, which are not related to the issuance of securities by Bernalillo County;

16. Upon request of the Bernalillo County Deputy County Manager of Finance, and in the event a separately procured Bernalillo County disclosure counsel contractor is unable to perform or the Bernalillo County Deputy County Manager of Finance determines that it is necessary for Bond Counsel to provide disclosure counsel services, the Contractor, if able to perform, may be called upon to provide services related to bond matters generally including services typically performed by a firm serving as disclosure counsel;

17. Provide any other services typically performed by a firm serving as bond counsel;

18. Upon the request of the Bernalillo County Deputy County Manager of Finance and the Director of Economic Development, provide transaction review services, advise, and prepare the sale process utilized by Bernalillo County in their role as conduit issuer of tax-exempt bond for qualified applicants of Industrial Revenue Bonds, private activity bonds, project revenue bonds, housing bonds and other issuances related to conduit financings, enterprise financings, and all Economic Development Financing instruments listed in the Bernalillo County Economic Development Financing Policy and Procedures to be completed which require Bernalillo County approval.

IV. TECHNICAL REQUIREMENTS

Offeror(s) should provide a detailed written response for items 1-6 listed below. Failure to provide written documentation may deem proposal non-responsive and proposal may be rejected.

1. COMPANY QUALIFICATIONS

Describe your firm’s experience related to Bernalillo County Scope of Services to be provided in response to this RFP, including a brief summary of any notable transactions; issues and/or matters handled by your firm which you feel demonstrate the nature and extent of your firm's expertise as well as relevant experience of the firm as Bond Counsel on New Mexico County General Obligation Bond issues and other New Mexico Local Government Bond issues.

2. COMPANY EXPERIENCE

Provide the office location, the names of the partners and associates who will be assigned to

Bernalillo County's account. Describe the expected services to be provided by each attorney, provide their resumes and describe their anticipated commitment of time to Bernalillo County's account.

3. COMPANY LEGAL SERVICES

Describe the legal services your firm could provide to Bernalillo County. State whether your firm is able to work with County Administrative Personnel and Elected Officials. Identify any services that your firm cannot provide and how you propose to fulfill the scope of services (i.e., through a subcontract, etc.) Describe your firms experience related to the New Mexico Local Economic Development Act (LEDA), including a brief summary of any Industrial Revenue bonds, private activity bonds, project revenue bonds, housing bonds and other issuances related to conduit financings and enterprise financings.

4. PROCESS AND PROCEDURE COMPLIANCE

Demonstrated ability to provide Bernalillo County staff with processes and procedures required for regulation compliance.

5. REFERENCES

Provide a minimum of three (3) references for similar services as outlined in this RFP with contact name, address, phone number, email address and length of association who can attest to company's knowledge, quality of work and responsiveness.

Provide reference with the same requirements as shown above, for any proposed sub-contractors

6. PROCESS, PROCEDURES AND CONTROL

Describe the process, procedures and controls your firm uses to control documents and changes made thereto. Describe your knowledge, experience and abilities to coordinate with filing documents and reporting with the IRS, SEC and EMMA.

V. COST

Cost information shall be included separately in Binder #2. Offeror(s) shall provide a completed

Cost Sheet-Appendix F

1. A combined total rate per face amount and Minimum fee per issue for General Obligation Bonds;

2. A combined total rate per face amount and Minimum fee per issue for Revenue Bonds.

3. Hourly Fee for Special Projects where bonds are not issued.

4. Combined Total Rate per Face Amount and Minimum Fee per Issue for Conduit Financings.

All fees and expenses to be paid by Developer

5. Combined Total Rate per Face Amount and Minimum Fee per Issue for TIDDS.

6. Minimum fee for LEDAs.

Offeror(s) are also to provide a schedule of fees inclusive of hourly rates any and all additional bond issuance(s) on a separate sheet.

Cost points shall be evaluated based on the Total (Sum of 1-6) in Appendix F and in accordance with the Cost Formula shown in Section VI. Item 7-8 will not be included in the calculation for evaluating cost points.

VI. EVALUATION CRITERIA

A. Selection Process: A Selection Committee that may include internal and external members has been selected for the purposes of evaluating the proposals. On the basis of the evaluation criteria established in this RFP, the Selection Committee shall submit to the Purchasing Manager a list of qualified Offerors in the order in which they are ranked. Proposal documentation requirements set forth in this RFP are designed to provide guidance to the Offeror concerning the type of documentation that will be used by the Selection Committee. Offerors should be prepared to respond to requests by the Purchasing Manager on behalf of the Selection Committee for clarification, best and final offers, finalist interviews, demonstrations or other areas deemed necessary to assist in the detailed evaluation process. Offerors are advised that the County, at its option, may award this request on the basis of the evaluation of the initial offers without conducting interviews.

B. Evaluation Criteria: A maximum total of 200 points are possible in scoring each proposal for the evaluation. A brief explanation of each evaluation criteria and the corresponding point values for each is listed below. Information in one criterion may overlap information in other criteria.

Offerors are encouraged to fully address each criteria…