60-00000-26-00099_60-00000-26-00099 Drilling Services Associated with Geothermal Wells and Facilities Under Energy Conservation and Management Oversight.pdf.PDF

ITB Number: 60-00000-26-00099 ITB Title: Drilling Services Associated with Geothermal Wells and

Facilities Under Energy Conservation and Management Oversight

Bid Responses Due:

Date: August 11, 2026 Time: 2:00pm Late submission of Bids Cannot be Accepted.

If you have questions regarding this ITB please contact: Karen Wisdom, Procurement Specialist

Telephone No.: 505-500-9912 Email: karen.wisdom@gsd.nm.gov

Commodity Code(s): 91216, 91219, 91221, 91223, 91238, 91240, 91242, 92535, 92545, 92546, 92629, 92642, 92678, 92682, 92684, 92685, 92693, 92694, 96296, 96792, 98957, 98975, 99226, 99231, 99236, 99275, 99277

Formal Sealed Bid Opening, to occur immediately following the due date and time. See Page 2 for link

Formal, sealed Bid Opening in person at the following location:

State Purchasing Division

1100 St. Francis Drive, 2nd Floor, Room 2004, Santa Fe New Mexico

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.

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: Net 30

F.O.B. Destination (unless otherwise indicated in the specifications)

Delivery: As stated in specifications

Bids may be submitted electronically through eProNM at the following site:

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

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 Procurement Specialist.

GSD/SPD (Rev. 2/2026)

Invitation to Bid - Statewide Price Agreement https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

State of New Mexico

General Services Department

Purchasing Division

ITB Statewide Price Agreement #: 60-00000-26-00099 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 ePro system by the deadline set forth in this ITB. The ePro 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 ePro system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the ePro 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.

Please join Bid Opening from your computer, tablet or smartphone: 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

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://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

Purchasing Division

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

Purchasing Division

Page-4

Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and 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 may be submitted electronically through eProNM at the following site:

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

Page-5

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 her/his 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

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!

Statewide Price Agreement

Article I – Statement of Work

Under the terms and conditions of this Price Agreement all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law 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.

The items and/or services to be ordered shall be as 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 the New Mexico State Purchasing Agent, his/her designee or the user that any order for any definite https://www.bewellnm.com/

Purchasing Division

Page-7 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.

Article II – Term

The term of this Price Agreement, for issuance of orders, shall be as indicated in the 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 following instructions: Shipment shall be made only against specific orders which the user may place with the Contractor during the 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 page1. If contractor is unable to meet stated delivery the State Purchasing Agent or his/her designee 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 in the bid and price agreement specifications.

Article VII – Indemnity Clause Contractor shall indemnify and hold harmless the State, its officers and employees, against liability, claims, damages, losses or expenses arising out of bodily injury to persons or damage to properties caused by, or resulting from Contractor’s, and/or its employees, own negligent act or omission while Contractor, and/or its employees, perform or fails to perform its obligations and duties under the Terms and Conditions of this agreement. This save harmless and indemnification clause is subject to the immunities, provisions, and limitations of the Tort Claims Act (Section 41-4-1, et seq., N.M.S.A. 1978 comp. and Section 57-7-1 N.M.S.A. 1878 comp. and any amendments thereto.

It is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the agreement to create in the public or any member thereof a third party beneficiary or to authorize anyone not a party to the agreement to maintain a suit(s) for wrongful death(s), bodily and/ or personal injury(s) to person(s), damage(s) to property(ies) and/or any other claim(s) whatsoever pursuant to the provisions of this agreement.

Vendor shall provide all insurance necessary to employees on the work site, including but not limited to Worker’s Compensation.

Article VIII – Issuance or Orders

Only written signed orders are valid under this Price Agreement.

Article IX – Packing (if applicable)

Packing shall be in conformance with standard commercial practices.

Purchasing Division

Page-8

Article X – 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

Page-9

Specifications:

Establish a Statewide Price Agreement for activities to be undertaken through the Energy, Minerals and Natural Resources

Department (EMNRD), Energy Conservation and Management Division’s (ECAM’s) statutory authorities. ECAM is responsible for the oversight, development, and protection of geothermal resources within the State of New Mexico. This includes the authority to investigate, characterize, remediate, and manage geothermal wells and associated facilities on state and private lands, with concurrent jurisdiction on federal lands where applicable, and to further the understanding and protection of correlative rights (NMSA 1978, § 71-9-5, A and §71-9-7 [2016]). The purpose of this solicitation is to establish a statewide contracting mechanism for vendors capable of providing geothermal drilling, testing, laboratory analysis, and related technical services necessary to support resource evaluation, environmental protection, and long-term management of geothermal systems in areas where correlative rights to a geothermal resource is poorly understood by current subsurface knowledge and industry standards.

This Price Agreement is applicable and available for use by the ECAM and NM State Agencies. Prior to utilizing this

Agreement, the ECAM must be notified, and the user must request approval. Awarded vendors are to take note that

ECAM has precedence for the usage of this Agreement. If a statutory limit is set on a Price Agreement and the cumulative limit has been met, the awarded Vendor will be removed. When applicable, all Agencies must report their expenditures to the General Services Department, State Purchasing Division. All approval requests must be submitted to the ECAM

Geothermal Program Manager (email: EMNRD-geothermal@emnrd.nm.gov) to be considered.

The selected vendor(s) shall furnish all labor, materials, equipment, logging tools, engineering, supervision, and incidentals necessary to perform geothermal well drilling, construction, testing, laboratory analysis, monitoring, and site restoration.

Incidentals are identified as items needed to perform the work but are not identified by specific line item, including examples such as personal protective equipment, hand tools, marking paint and staking. Services may include exploration drilling in an area of contested correlative rights, resource confirmation drilling, well completion, well servicing, plugging and abandonment, environmental assessment, and site reclamation. The selected vendor shall deliver complete and functional work products as directed by ECAM and shall ensure that all activities are conducted in a safe, efficient, and professional manner. To be considered as a responsible bidder, a vendor’s safety plan must be submitted for review.

All services shall be performed in accordance with applicable federal and state laws, including environmental, safety, and labor requirements. The selected vendor(s) shall ensure that all personnel are properly trained and equipped, and that all subcontractors meet the same standards required of the primary contractor. The selected vendor(s) shall maintain accurate records of all work performed and shall provide documentation sufficient to support regulatory compliance and project evaluation.

ECAM is responsible by law (NMSA 1978, § 71-9-5, A. [2016]) for the remediation and reclamation of geothermal facilities on state and private land across New Mexico and has concurrent jurisdiction over such facilities on federal land with responsible federal agencies. ECAM anticipates being the primary Procuring Agency of this Price Agreement given its responsibility under state law, but state universities and the State Land Office (SLO) may also use the Price Agreement for independent projects, which are still subject to ECAM requirements on state lands it manages.

Vendors are not required to provide cost information for all unit price specifications listed in this Invitation to Bid (ITB) and may bid on only the services they choose and are able to provide. The State reserves the right to award multiple vendors on the resulting Price Agreement. Bidders shall submit unit prices for the provision of services, materials, and equipment. Bids shall be for all services or items that can be provided directly by the vendor and fall within the scope of their abilities (do not include prices for subcontracted services or rented equipment). If a vendor chooses not to provide a bid on a listed item, they will not be able to directly provide that item as a service, such items shall be third party charges with supporting documentation.

It is the vendor’s obligation to ensure they are properly licensed or covered by appropriate license for any work type they are performing, including being licensed by the Office of the State Engineer to perform any and all tasks requested. If a vendor who wishes to undertake certain activities is not licensed, he or she may enter into a joint venture or subcontract with a licensed contractor to fulfil the requirements (see above subcontracting requirements). The Procuring Agency may request, and vendors must supply copies or verifications of the appropriate license or licenses in connection with a specific bid.

Term

The initial term of this Price Agreement shall be for one (1) year from date of award with the option to renew up to three

(3) additional years, every other year, by mutual agreement of both parties and approval of the New Mexico State

Purchasing Agent. This Price Agreement shall not exceed four (4) years.

Wage Rates

All work covered by this Price Agreement shall be in accordance with applicable state or federal laws and subject to prevailing wages and fringe benefits as determined by the State of New Mexico, Department of Workforce Solutions

(DWS), if applicable. Job classifications covered by the Federal Department of Labor and NM DWS such as laborers, mailto:EMNRD-geothermal@emnrd.nm.gov

Purchasing Division

Page-10 truck drivers, equipment operators. In accordance with the Public Works Minimum Wage Act, all vendors and subcontractors who are granted contracts of $60,000 or more must be registered with the Department of Workforce

Solutions and pay the required apprenticeship fees. When Federal grant funds are awarded to a vendor in the amount of

$2,000 or more a Unique Entity Identification (UEI) Number from SAM.Gov is required and maintained annually for the length of the project. The vendor must be registered by the time the first contract is awarded.

List your company’s Public Works Certification Number:_________________________________

List your company’s Unique Entity Identification Number: __________________________________

Escalation/Reduction Clause

Contractor shall keep pricing fixed for each year of this Agreement. Thereafter, ECAM and the Contractor may adjust pricing no more than once annually through an amendment to the Price Agreement at the time of the Price Agreement renewal. The contractor shall submit all pricing increase requests to ECAM directly to the ECAM contact in writing and provide substantiating evidence that each request is based on demonstrable market changes impacting the cost of products and/or services. The request must show all proposed increases by line item and include supporting documentation acceptable to ECAM (such as a letter from a manufacturer indicating price increases, etc.). ECAM’s decision on what is acceptable in this context is final and shall be accepted by all parties to the Statewide Price Agreement.

Requested price increases that exceed 10% will not be accepted. No price increase may result in a higher profit margin for the Contractor than at the beginning of the initial term of this Agreement. Pricing changes will apply to Agreements and amendments to Agreements entered on and after the effective date of the price change. Price decreases as well as increases shall apply in the same manner. If vendor's prices are reduced for any reason, Procuring Agency shall receive the benefit of such reductions, immediately. Price increases will not be retroactive to orders already in-house or back-orders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor. To facilitate prompt consideration, all requests for price increase must include all the information listed below:

1. Agreement Item Number

2. Current Item Price

3. Proposed New Price

4. Percentage of Increase

5. Supplier Notification of price increase indicating percentage of increase including reason for increase.

Contact for Procurement Questions

State Purchasing Division

Main Agency Contact

Geothermal Program Manager

State of New Mexico, Energy Minerals and Natural Resources Department

Energy Conservation and Management Division

1220 South Saint Francis Drive

Santa Fe, NM 87505

(505) 362-9659

EMNRD-geothermal@emnrd.nm.gov

Additional or Item-Specific Contacts

Contracts and cost overages: Brittany Hollon (505) 362-9659

Variations in plugging operations: Lisa LaFlame (505) 623-5745

Variations in environmental operations: Brittany Hollon (505) 362-9659

Alternative contact for contract questions or plugging operations: Joe Chandler (505) 934-8517

General Conditions

After the award, the Procuring Agency will provide the vendor with the specific scope of work being requested to bid on for each item or packet of bids requested.

Where applicable the contracted vendor SHALL use ECAM standardized forms/software/format to submit dailies, invoices, quotes & estimates, reports, or any others documents as directed by ECAM.

The vendor will submit daily activity reports describing the tasks undertaken and daily and cumulative project costs to the

Procuring Agency. These summaries must include the associated billing codes. This condition may be waived at the

Procuring Agency’s discretion if not needed depending on the scope of work.

Interim and Final project billing must be submitted to the Procuring Agency with the approved unit rates, quantities and cost extension provided. This bill must be a tabulation of all the daily report costs and billing codes, unless waived by the

Procuring Agency. The billing must also contain copies of any applicable receipts. Sundry filings are required by ECAM regulations before any service work can be done to a well and again after completion of those efforts. Contractor shall be required to electronically submit form (G-103) for review and approval to ECAM via EMNRD-geothermal@emnrd.nm.gov. All appropriate sundry filings are also required prior to any final payments. A Procuring

Agency using this price agreement, other than ECAM, shall require that the selected contractor submit all applicable forms mailto:EMNRD-geothermal@emnrd.nm.gov

Purchasing Division

Page-11 for plugging, remediation and reclamation to ECAM for review and approval prior to the commencement of work under this price agreement.

The Procuring Agency will stipulate to the vendor any appropriate sundry filings not listed below which may be required for the contracted job.

All field personnel (for example, rig personnel and environmental personnel) shall wear appropriate personal protective equipment items including, but not limited to, fire retardant clothing, personal gas monitor, gloves, hard hat, hard-toed boots, etc. All sampling personnel prices shall include appropriate expendable sampling supplies in their cost per hour including but not limited to, latex gloves, sample jars, distilled water, ice, and cleaning solutions. All equipment and safety equipment shall be provided by the awarded vendor for the project or procedure.

If during any approved procedure, and except for emergencies as provided below, the vendor determines additional services, materials, or equipment required to implement the procedure will exceed the original estimate, the vendor must obtain approval from the Procuring Agency prior to continuing work.

In the event of an emergency, the vendor shall inform the Procuring Agency of a revised cost estimate which the Procuring

Agency in its sole discretion may approve, provided the vendor submits a written revised cost estimate no later than ten

(10) calendar days after approval. In the case of emergencies, the hourly rate does not change, there will be additional hours spent fixing the situation.

Standby rates for rigs shall only apply when the rig is waiting to move from one Procuring Agency site to another

Procuring Agency site and/or as directed by the Procuring Agency. Standby shall not include weekends and Federal

Holidays. Standby does not apply when Procuring Agency has released the equipment to be used on jobs other than

Procuring Agency’s.

The vendor shall provide the necessary performance and payment bonds executed by a surety company authorized to do business in the State of New Mexico, and said surety to be approved in federal circular 570 as published by the United

States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract (13-4-18). The necessary bonding requirements will be relayed to the vendor upon award of each project. The vendor shall deliver the necessary performance bond to the Procuring Agency no later than ten (10) calendar days after the Procuring Agency issues a purchase order. Work is not to begin until the Performance

Bond is received by the Procuring Agency. The Procuring Agency may cancel the purchase order if the vendor fails to submit a performance bond that complies with these requirements. The Procuring Agency will reimburse the premium cost for the performance bond without a markup, and no NMGRT is to be applied to the reimbursement invoice as premiums for surety bonds are exempt from gross receipts tax (3.2.112.8 A. NMAC).

The Vendor's invoice shall be submitted upon completion of project or bi-weekly as deemed necessary per each project.

Each invoice shall contain the following information: purchase order number, description of supplies or services and its corresponding line item, quantities, unit price, well name/site name, and extended totals. Separate invoices shall be rendered for every complete shipment or service.

The Vendor's invoice shall be submitted upon completion of project or bi-weekly as deemed necessary per each project.

Each invoice shall contain the following information: purchase order number, description of supplies or services and its corresponding line item, quantities, unit price, Well name or Facility name, (Well, Facility, Tank Battery) site name, and extended totals. Separate invoices shall be rendered for every complete shipment or service.

Process Specific Conditions

When the Procuring Agency needs to confirm a correlative rights violation, the vendor may be required to perform advanced reservoir testing to evaluate pressure behavior, hydraulic connectivity, and reservoir extent. Pressure transient testing shall include drawdown, buildup, injection, or falloff testing designed to measure reservoir response over time.

These tests shall provide data necessary to evaluate transmissivity, permeability, and pressure boundaries. Interwell interference testing may be conducted where multiple wells are present. The vendor shall coordinate operations between wells to observe pressure responses and evaluate connectivity between wells producing from the same or adjacent formations. Reservoir boundary testing shall be performed to identify the extent and limits of geothermal systems. These tests may include extended duration pressure monitoring or controlled rate changes to evaluate reservoir continuity. The vendor shall submit detailed testing plans for approval prior to implementation and shall provide comprehensive reports including data, analysis, and interpretation.

When the Procuring Agency requests the vendor to plug and abandon a well, the vendor shall provide a plugging estimate and a proposed detailed wellbore schematic based on ECAM’s provided plugging specifications. Following Procuring

Agency’s approval and issuance of a purchase order, the vendor shall electronically file an ECAM Sundry Notice Form G-

103 which shall include depth of well, well casing design, number and depth of plugs, other well-specific information, and includes all other pertinent attachments. The vendor will also provide services, materials, and equipment necessary to plug and abandon the well in accordance with the procedure at the unit prices set forth in the Price Agreement. Once plugging and abandonment are completed, the vendor shall electronically submit a subsequent Form G-103 via ECAM Permitting to

ECAM with all required attachments.

Purchasing Division

Page-12

When the Procuring Agency specifies vendor services for the removal and salvage of surface equipment and other infrastructure, the vendor shall provide a site-specific plan for this effort including the monitoring of naturally occurring radioactive materials (NORM) and contingencies for properly disposing of materials exhibiting an elevated level of radioactivity, subject to applicable legal requirements. The vendor or the Procuring Agency will take an onsite inventory of the items to be salvaged, ensuring the Procuring Agency has a complete list of items the vendor is planning to salvage prior to their removal from the site. The vendor shall give fair market value to the Procuring Agency for the equipment salvaged, minus the reasonable cost associated with the removal. Following the Procuring Agency’s approval of the site-specific plan and issuance of a purchase order, the vendor will provide services, materials, and equipment necessary to remove equipment from a site in accordance with the site-specific plan at the unit prices set forth in the price agreement and consistent with all applicable legal requirements.

When the Procuring Agency specifies laboratory services, the vendor shall provide method-specific sample costs.

Following the Procuring Agency’s approval and issuance of a purchase order, the vendor will provide services, materials, and equipment necessary to perform the associated sampling in accordance with the procedure set forth in the Bid Form and consistent with all applicable legal requirements.

When the Procuring Agency specifies the vendor services for the closure of a pit or below-grade tank, the vendor shall provide a site-specific procedure in compliance with ECAM regulations and utilizing ECAM approved forms found here:

https://www.emnrd.nm.gov/ecmd/geothermal. Following the Procuring Agency’s approval and issuance of a purchase order, the vendor will provide services, materials, and equipment necessary to close the pit or below-grade tank in accordance with the procedure at the unit prices set forth in the Bid Form and consistent with all applicable legal requirements.

When the Procuring Agency specifies the vendor services for environmental assessment, the vendor shall provide site-specific assessment procedures for the delineation of soil or groundwater contamination in compliance with ECAM regulations, utilizing ECAM forms, and only after receiving approval from the ECAM. Following the Procuring Agency’s approval and issuance of a purchase order the vendor will provide services, materials, and equipment necessary to complete the assessment at the unit prices set forth in the price agreement and consistent with all applicable legal requirements. Once the assessment has been completed the vendor will submit a report to the Procuring Agency with a copy to ECAM if it is not the Procuring Agency.

For environmental remediation or reclamation, the Procuring Agency may direct a vendor to develop and implement remediation or surface reclamation plans, which plan must be approved by the ECAM regardless of who the Procuring

Agency is. The vendor shall then provide a site-specific remediation, monitoring, or reclamation plan. Following

ECAM’s approval of the plan, the Procuring Agency shall issue a purchase order. The vendor will provide services, materials, and equipment necessary to remediate, monitor, or reclaim a site in accordance with the plan at the unit prices set forth in the price agreement subject to applicable legal requirements. If the task is remediation, the vendor will thereafter provide a report describing the actions taken to the Procuring Agency, with a copy to ECAM if it is not the

Procuring Agency. If the site requires extended-term environmental monitoring (40 CFR Part 141, Subpart S [Safe

Drinking Water Act]), the vendor will provide pertinent reports on a pre-scheduled basis. Surface reclamation plans will require an understanding of the reclamation requirements of the applicable surface management agency (State Land Office or U.S. Department of the Interior, Bureau of Land Management), restoration of drainage, and an earnest attempt at revegetation. Once the surface of a site has been reclaimed, the vendor will provide a report documenting the reclamation to the surface management agency, the Procuring Agency, and ECAM.

Shift…