60-79500-25-00264_1. 60-79500-25-00264 Residential Construction Services RFP.docx.DOCX

STATE PURCHASING DIVISION

OF THE

GENERAL SERVICES DEPARTMENT

AND

DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

REQUEST FOR PROPOSALS (RFP)

Residential Construction Services New Mexico Home Recovery Program

RFP#60-79500-25-00264

Release Date: January 15, 2026

Proposal Due Date: March 16, 2026

ELECTRONIC-ONLY PROPOSAL SUBMISSION

Table of Contents

GSD/SPD Version 1.8 2026-01 ii

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish agency specific contracts through competitive procurement of prime contractors to perform, or cause to be performed, rehabilitation, reconstruction, mitigation, elevation, replacement, and new construction of single-family residential structures, including manufactured housing units (MHUs) and modular homes, damaged by the New Mexico 2024 Disaster Events. Contractors must remain in good standing with the Department of Homeland Security and Emergency Management (DHSEM), the State of New Mexico, and must maintain the appropriate licensure to remain eligible for task orders.

These services are intended to support ongoing post-disaster recovery efforts in the federally declared counties and Tribal jurisdictions identified in the New Mexico CDBG-DR Action Plan (2024 Disasters), including the repair and replacement of eligible single-family residential structures in designated disaster-impacted areas identified for assistance in Lincoln County and Chaves County. Funding for these construction services is provided by grants to the State of New Mexico from the HUD Community Development Block Grant - Disaster Recovery (CDBG-DR) and (CDBG-MIT) Mitigation programs.

B. BACKGROUND INFORMATION

The State of New Mexico experienced two (2) federally declared disasters in 2024. DR-4795-NM was declared on June 20, 2024, in response to the South Fork and Salt Fires and DR-4843-NM was declared on November 1, 2024, in response to the Severe Storm and Flood event in Chaves County. On January 7, 2025, the U.S. Department of Housing and Urban Development (HUD) issued an allocation to the State of New Mexico in Community Development Block Grant for Disaster Recovery (CDBG-DR) funding. The purpose of CDBG-DR is to support long-term disaster recovery by addressing unmet needs in communities impacted by the 2024 disaster events. Funding is authorized under Public Law 118-158, the Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025 (H.R. 10445-118th Congress (2023-2024). Regulations for this CDBG-DR appropriation are detailed in 90 FRN 4759 and the Universal Notice, 90 FRN 1754.

As the authorized agency for all statewide disaster response and recovery operations, DHSEM is the responsible entity for management of CDBG-DR. DHSEM implements disaster recovery efforts, including CDBG-DR, in coordination with the New Mexico Department of Finance and Administration (DFA), which is responsible for all annual, non-disaster Community Development Block Grant allocations.

The DHSEM CDBG-DR New Mexico Home Recovery Program, funded by the HUD CDBG-DR and MIT allocations, will provide direct services to repair and replace disaster damaged single-family homes, including Mobile / Manufactured Housing Units (MHUs) for residents affected by DR-4795-NM and DR-4843-NM in Lincoln and Chaves Counties. The goal of the New Mexico HRP is to help disaster-impacted residents return home to safe, resilient, and sustainable living conditions, with mitigation strategies integrated to reduce future disaster risks.

The New Mexico Home Recovery Program was created in response to the urgent needs for resident housing following the disaster. As outlined in the New Mexico CDBG-DR Action Plan requirements for the 2024 disasters, at least 80% of housing assistance funds must be used in Most Impacted and Distressed (MID) areas. These are communities and counties that sustained the most severe disaster damage and have the highest remaining unmet housing needs. The Action Plan identifies the following counties and communities as MID Areas:

· Lincoln County – HUD MID (South Fork and Salt Fires).

· Chaves County – HUD MID (Severe Storm and Flooding).

This program will be administered by the State of New Mexico through direct service delivery, ensuring both the efficient allocation of resources and compliance with applicable federal and state disaster recovery guidelines. To implement the program, DHSEM is conducting this competitive procurement process to award qualified contractors. Approved projects will be assigned to these contractors for execution, with DHSEM overseeing project management and issuing payments directly to the contractors.

The New Mexico Home Recovery Program is projected to support approximately 350 to 450 rehabilitated, reconstructed, newly constructed, or replaced housing units, including Manufactured Housing Units (MHUs), subject to program variables, eligible costs, and a maximum housing assistance cap of $350,000 per unit. The maximum assistance cap may only be exceeded at the written authorization of the State Director per the Action Plan.

Awarded contractors are allowed and encouraged to select local businesses for subcontracting opportunities whenever possible. In alignment with 2 CFR § 200.321, contractors are encouraged to recruit and provide subcontracting opportunities with Section 3, small, women-owned, and minority-owned businesses. This approach not only supports the local economy but also ensures compliance with federal regulations regarding equitable and inclusive procurement practices. This is not an evaluation criterion; no points are associated with the requirement.

Pricing requested in this RFP is for qualification purposes. The cost of any individual project assigned in a task order is determined by site specific conditions that will be addressed in the task order.

C. SCOPE OF PROCUREMENT

DHSEM is seeking to enter into agency specific contracts with skilled prime construction contractors to perform rehabilitation, reconstruction, mitigation, elevation, replacement, and new construction of single-family residential structures—including manufactured housing units (MHUs) and modular homes, in compliance with local, state, and federal requirements under the HUD CDBG-DR program for the New Mexico 2024 Disaster Events.

A comprehensive Scope of Work is available in Section IV. The TERM of the resulting contracts will be four (4) years with the option for two (2) one (1) year renewals for a total TERM not to exceed six (6) years. This RFP will result in multiple awards.

D. PROCUREMENT MANAGER

The DHSEM has assigned a Procurement Manager who is responsible for the conduct of this procurement and whose name, address, telephone number and e-mail address are listed below:

1. Any inquiries or requests regarding this procurement must be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the SPD.

2. Protests of the solicitation or award must be submitted in writing to the Protest Manager identified in Section II.B.13. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Protests submitted or delivered to the Procurement Manager will NOT be considered properly submitted.

E. PROPOSAL SUBMISSION

Submissions of all proposals must be accomplished via SPD’s eProNM electronic procurement system. Refer to Section III.B.1 for instructions.

F. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

1. “Agency” means the State ADA Purchasing Division of the General Services Department or that State Agency sponsoring this Procurement.

2. “Award” means the final execution of the contract document.

3. “Base Flood Elevation (BFE)” means the computed elevation, as determined by the Federal Emergency Management Agency (FEMA), to which floodwater is anticipated to rise during the base flood (the 1% annual chance or “100-year” flood). In accordance with HUD’s CDBG-DR requirements published in the Federal Register, any structure designed principally for residential use and located within the 100-year floodplain that receives CDBG-DR assistance for new construction, repair of substantial damage, or substantial improvement must be elevated so that the lowest floor, including the basement, is at least two (2) feet above the BFE.

4. “Business Hours” means weekdays (Monday – Friday) 8:00 AM thru 5:00 PM MST/MDT, whichever is in effect on the date given.

5. “CDBG-DR” means the Community Development Block Grant Disaster Recovery Program, as authorized under Title I of the Housing and Community Development Act of 1974, as amended.

6. “CDBG-DR Home Recovery Program Guide” means the set of guidelines adopted by the Department of Homeland Security and Emergency Management (DHSEM) that govern the implementation of the housing program.

7. “CFR” means the Code of Federal Regulations (CFR), the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States.

8. “Close of Business” means weekdays (Monday – Friday) 5:00 PM MST/MDT, whichever is in effect on the date given.

9. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act §§57-3-A-1 through 57-3A-7 NMSA 1978,. See also NMAC 1.4.1.45. The following items may not be labelled as confidential: Offeror’s submitted Cost response, Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

10. “Contract” means any agreement for the procurement of items of tangible personal property, services or construction.

11. “Contractor” means any business having a contract with a state agency or local public body.

12. “Damage Assessment” means the initial opportunity for a program inspection of the structure damaged by the 2024 Fire and Flood events in which all damage repaired at the time, and damage still to be repaired are officially documented in an estimating software that allows monthly market pricing and local sales taxes to be applied to program eligible materials and labor in a consistent report format. The damage assessment reports will contain a detailed sketch of the structure along with exterior and interior photos.

13. “Demolition” means the clearance and proper disposal of buildings.

14. “Disability” means a disability as defined by federal law under The Social Security Act, as amended, 42 U.S.C. §423(d), The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12102(1)-(3), and in accordance with HUD regulations at 24 CFR §§5.403 and 891.505.

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

16. “Desirable” – the terms” may,” “can,” “should,” “preferably,” or “prefers” identify a desirable or discretionary item or factor.

17. “Electronic Submission” means a successful submittal of Offeror’s proposal in the eProNM system.

18. “Electronic Version/Copy” means a digital format consisting of text, images or both, readable on computers or other electronic devices, which includes all content that the Original document contains. The electronic version/copy CANNOT be emailed.

19. “Elevation Standards” means elevation standards that apply to new construction, repair of substantial damage, or substantial improvement of structures located in an area delineated as a flood hazard area or equivalent in FEMA’s data source identified in 24 CFR 55.2(b)(1). All structures, defined at 44 CFR 59.1, designed principally for residential use and located in the 1 percent annual (or 100-year) floodplain that receive assistance for new construction, repair of substantial damage, or substantial improvement, as defined at 24 CFR 55.2(b) (10), must be elevated with the lowest floor, including the basement, at least two feet above the 1 percent annual floodplain elevation. Residential structures with no dwelling units and no residents below two feet above the 1 percent annual floodplain, must be elevated or floodproofed, in accordance with FEMA floodproofing standards at 44 CFR 60.3(c)(3)(ii) or successor standard, up to at least two feet above the 1 percent annual floodplain. Applicable State, local, and tribal codes and standards for floodplain management that exceed these requirements, including elevation, setbacks, and cumulative substantial damage requirements, will be followed.

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

21. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

22. “Environmental Review” means a project that undergoes an environmental review process. This process ensures that the activities comply with the National Environmental Policy Act (NEPA) and other applicable state and federal laws. For HUD purposes, applicable requirements are found at 24 CFR Part 58.

23. “Federal Register” means the official journal of the United States Government that publishes agency rules, proposed rules, and public notices. For each CDBG-DR allocation, HUD issues a Federal Register Notice (FRN) that outlines the rules and requirements applicable to that specific disaster funding.

24. “Final Award” means, in the context of this Request for Proposals and all its attendant documents, that point at which the final required signature on the contract(s) resulting from the procurement has been affixed to the contract(s) thus making it fully executed.

25. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee, as explained in Section II.B.8.

26. “Green Building Standards” means all rehabilitation that meets the definition of substantial improvement, reconstruction, or new construction must meet an industry-recognized standard that has achieved certification under at least one of the following programs: (1) ENERGY STAR (Certified Homes or Multifamily High-Rise), (2) EPA Indoor Air Plus (Energy Star a prerequisite), (3) LEED (New Construction, Homes, Midrise, Existing Buildings Operations, and Maintenance, or Neighborhood Development), or (4) ICC–700 National Green Building Standard.

27. “HUD” means the United States Department of Housing and Urban Development.

28. “Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits, and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

29. “Indefinite Delivery/Indefinite Quantity (IDIQ) Contracts” means a type of contract that allows ordering an unspecified amount of services or supplies during a fixed period, with individual task orders defining scope, schedule, and price.

30. “IT” means Information Technology.

31. “Liquidated Damages” – means a pre-determined daily amount established to reasonably estimate the cost, inconvenience, and administrative burden caused by a contractor’s failure to complete work within the approved timeframe

32. “Mandatory” – 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 Offeror’s proposal.

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

34. Mobile/Manufactured Housing Unit (MHU)” – means a movable or portable housing structure over thirty-two feet in length or over eight feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towable but designed to be joined into one integral unit, as well as a single unit. "Manufactured home" does not include recreational vehicles or modular or premanufactured homes, built to Uniform Building Code standards, designed to be permanently affixed to real property. "Manufactured home" includes any movable or portable housing structure over twelve feet in width and forty feet in length that is used for nonresidential purposes.

35. “Mobilize” means to demonstrate the ability to mobilize resources, personnel, and equipment within 30 days of award, ensure proper management of projects in New Mexico, and show capacity to handle multiple assignments across counties.

36. “Modular Housing” means any structure built for use or occupancy by persons or property, whether or not designed to be placed on a permanent foundation. Modular structures include factory-built buildings and subassemblies for manufactured residential and commercial units. Modular structure does not include non-assembled component parts that are subject to all permit and inspection requirements, or to manufactured housing structures that are subject to federal regulation. The program will treat modular homes as traditional, site, or stick-built construction.

37. “Multiple Source Award” means an award of a contract for one or more items of tangible personal property, services, or construction to more than one Offeror.

38. “New Mexico Department of Homeland Security and Emergency Management (DHSEM)” means the administrator of the CDBG-DR and CDBG-Mitigation programs funded by HUD. DHSEM is the governor-designated state authority responsible for administering all long-term disaster recovery funds awarded to the state of New Mexico.

39. “New Mexico HRP Housing Construction Specifications” means the construction requirements established by DHSEM to ensure that all single-family homes built or rehabilitated through CDBG-DR Home Recovery Program meet minimum standards for safety, sanitation, durability, and affordability.

40. “New Mexico HRP Housing Design Standards” means the standards established by DHSEM to ensure that all single-family home applicants receiving new construction or rehabilitation through CDBG-DR Home Recovery Program reside in housing that is safe, sanitary, and affordable.

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

42. “Price Agreement” means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

43. “Procurement Manager” means any person or designee authorized by a state agency or local public body with the responsibility, authority, and resources to conduct the RFP procurement, make written determinations regarding the RFP procurement, and/or enter into or administer contracts as a result of the RFP procurement.

44. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to procure items of tangible personal property, services or construction from the agreement(s) awarded as a result of this RFP.

45. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor.

46. “Reconstruction” means the demolition, removal, and disposal of an existing housing unit and the construction of a unit on the same lot, and in substantially the same footprint, with a new unit that complies with the International Residential Codes (IRC), as required by the New Mexico Code.

47. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7 NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

48. “Rehabilitation” means the repair or restoration of housing units in the disaster-impacted areas to applicable construction codes and standards.

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

50. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

51. “Responsive Offer” or means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.

52. “Scope of Work” means the repairs, reconstruction, or home replacement work that the contractor selected by DHSEM must complete.

53. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents has been completely and successfully uploaded into SPD’s eProNM system prior to the submission deadline stated in the RFP.

54. “Setup” means the customary practice associated with the purchase and delivery of a Manufactured Housing Unit (MHU). Setup includes but is not limited to site and foundation preparation; utility installation and/or connection; transportation and placement of the unit; installation of skirting, porches, stairs, and accessibility features; obtaining all required licenses, inspections, and municipal approvals; and any other work necessary to make the Unit ready for occupancy.

55. “SPD” means State Purchasing Division of the New Mexico State General Services Department.

56. “Staff” means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

57. “State (the State)” means the State of New Mexico.

58. “State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the Purchasing Division of the General Services Department and the State Purchasing Agent but does not include local public bodies.

59. “State Purchasing Agent” means the Director of the Purchasing Division of the General Services Department.

60. “Statement of Concurrence” means an affirmative statement from the Offeror indicating its response to a required Section IV specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal, pursuant to Section III.C.1. (E.g. “We concur,” “Understands and Complies,” “Comply,” “Will Comply if Applicable,” etc.)

61. “Task Order” means specific, written authorization to perform the task(s) listed therein.

62. “Unit” means an individual Manufactured Housing Unit.

63. “Unredacted” means a version/copy of the proposal containing all complete information; including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

64. “Written” means typed in standard 8 ½ x 11-inch document format with at least 12 point font, by common electronic means (such as Microsoft Word, Adobe PDF, etc.). A larger size document is permissible for charts, spreadsheets, etc. Smaller font size in charts, graphs, and visual elements is permissible.

G. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in this document through their own internet connection. The library contains information listed below:

RFP, Questions & Answers, RFP Amendments, etc.

https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/

Other relevant links:

DHSEM Community Development Block Grant For Disaster Recovery https://www.dhsem.nm.gov/cdbg-dr2025/

New Mexico Regulations & Licensing Department https://www.rld.nm.gov/manufactured-housing-division/

CDBG-DR Home Recovery Program Guide https://www.dhsem.nm.gov/cdbg-dr2025/

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

A. SEQUENCE OF EVENTS

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

4. Deadline to submit Written Questions

5. Response to Written Questions

*Dates moved to next available business day.

**Dates indicated in Events 7 through 11 are estimates only and may be subject to change without necessitating an amendment to the RFP.

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the Sequence of Events shown in Section II.A., above.

1. Issue RFP This RFP is being issued on behalf of the State of New Mexico DHSEM on the date indicated in Section II.A, Sequence of Events. Offerors may download the RFP in an electronic format by accessing the Department of Homeland Security website at: https://www.dhsem.nm.gov/active-procurement-opportunities/.

2. Acknowledgement of Receipt Form Potential Offerors may e-mail the Acknowledgement of Receipt Form (APPENDIX A), to have their organization placed on the procurement Distribution List. The form must be returned to the Procurement Manager on the time and date indicated in Section II.A, Sequence of Events.

The procurement distribution list will be used for the distribution of written responses to questions, and/or any amendments to the RFP. Failure to return the Acknowledgement of Receipt Form does not prohibit potential Offerors from submitting a response to this RFP. However, by not returning the Acknowledgement of Receipt Form, the potential Offeror’s representative shall not be included on the distribution list and will be solely responsible for obtaining from the Procurement Library (Section I.G.) responses to written questions and any amendments to the RFP.

3. Pre-Proposal Conference A mandatory pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, beginning at 9:15 AM on January 26, 2026, MST/MDT via Microsoft Teams.

· The pre-proposal conference will be conducted virtually via Microsoft Teams.

· Offerors are responsible for ensuring they have access to Microsoft Teams prior to the conference start time.

· Participants are encouraged to join the meeting at least 5 minutes early to allow time for connectivity and audio setup.

· Upon joining, participants must enter their full name, title, and organization to facilitate attendance tracking.

· All participants will be placed on mute upon entry.

Microsoft Teams Meeting Join: https://teams.microsoft.com/l/message/19:meeting_MGI4MDNlOGQtNTQ0ZS00NWQwLTgzNTEtYTAyNTYzYWIyOWQ2@thread.v2/1766508976630?context=%7B%22contextType%22%3A%22chat%22%7D Meeting ID: 261 229 975 007 97 Passcode: Jf9nD3Lz

Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I.D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All questions answered during the Pre-Proposal Conference will be considered unofficial. All written questions will be addressed in writing on the date listed in Section II.A, Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference.

A public log of Offerors attending the mandatory pre-proposal conference will be maintained. Only Offerors who attend the mandatory pre-proposal conference, either directly or through an authorized representative, will be eligible to submit a proposal and will be granted access to the log of offerors attending the pre-proposal conference.

Failure to attend the mandatory pre-proposal conference will result in the Offeror being deemed non-responsive and removed from further consideration.

4. Deadline to Submit Written Questions Potential Offerors may submit written questions to johnny.desha@gsd.nm.gov as to the intent or clarity of this RFP until February 4, 2026, at 3:00 PM MST/MDT as indicated in Section II.A, Sequence of Events. All written questions must be addressed to the Procurement Manager as declared in Section I.D. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which forms the basis of the question.

5. Response to Written Questions Written responses to the written questions will be provided by addendum posted to the SPD website and in ePro on or before the date indicated in Section II.A, Sequence of Events, to all potential Offerors who timely submitted an Acknowledgement of Receipt Form (Section II.B.2 and APPENDIX A).

The Questions and Answers will be posted to: https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/

6. Submission of Proposal Only electronic proposal submission is allowed. Do not submit hard copies.

ALL PROPOSALS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 3:00 PM MST/MDT ON THE DATE INDICATED IN SECTION II.A, SEQUENCE OF EVENTS. NO LATE PROPOSAL CAN BE ACCEPTED. The date and time of receipt will be recorded on each proposal. Proposals will be time-stamped in the system when the Offeror clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed in accordance with statute.

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

Proposals must be submitted electronically through SPD’s eProNM electronic procurement system. Refer to Section III.B.1 for instructions. Proposals submitted by facsimile, or other electronic means other than through the SPD electronic e-procurement system, will not be accepted.

A log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to §13-1-116 NMSA 1978, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.

7. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in Section II.A, Sequence of Events, depending upon the number of proposals received. 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 proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Selection of Finalists The Evaluation Committee will select, and the Procurement Manager will notify the finalist Offerors as per schedule Section II.A, Sequence of Events, or as soon as possible thereafter. Offerors that pass all mandatory requirements will be considered for award by the RFP review panel for scoring. The evaluation committee will rank the Offer packages based upon scoring described in Section V of this RFP. The top five ranking contractors will be selected for award. DHSEM reserves the right to award more than 5 contracts if it is deemed to be in the best interest of the state.

9. Finalize Contractual Agreements After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per Section II.A., Sequence of Events, or as soon as possible thereafter. The most advantageous proposals may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offerors in the timeframe specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

10. Contract Awards The award is subject to appropriate Department and State approval. Upon receipt of the signed contractual agreement, the Agency Procurement office will award as per Section II.A., Sequence of Events, or as soon as possible thereafter.

11. Protest Deadline Any protest by an Offeror must be timely submitted and in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172 NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15-day protest period shall begin on the day following the notice of award of contract(s) and will end at 5:00 pm MST/MDT on the 15th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be directed to:

Dorothy Mendonca, State Purchasing Agent Dorothy.Mendonca@gsd.nm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance to be bound by the Conditions Governing the Procurement, Section II.C, and Evaluation, Section V, by completing and signing the Letter of Transmittal form, pursuant to the requirements in Section II.C.30, located in APPENDIX E.

2. Incurring Cost Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3. Contractor Personnel Personnel proposed in the Contractor’s written submission to the Procuring Agency are considered material to any work performed under the contract. Once a 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.

Contractor Note:

No person shall act as a Contractor without a license issued by the Construction Industries Division, classified to cover the type of work to be performed. No proposal on a contract shall be submitted unless the Contractor has a valid Contractor’s license issued by the CID to bid and to perform the type of work to be undertaken, as set forth in § 60-13-12, NMSA 1978.When submitting a quote for a specific project valued at more than sixty thousand dollars ($60,000) for any portion of a public works project greater than sixty thousand dollars ($60,000) that is subject to the New Mexico Public Works Act, the Contractor is required to be registered with the Labor and Industrial Division of the Department of Workforce Solutions prior to submitting its quote. The using agency may reject any quote that fails to provide a Public Works Registration Number for the prime Contractor and all other listed Contractors or subcontractors. In order to submit a proposal for this contract the offeror must have an Active registration for the Public Works Act.

4. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a State Agency which may derive from this RFP. The State Agency entering into a contractual agreement with a vendor will make payments only to the prime contractor.

5. Subcontractors/Consent The use of subcontractors is permitted; however, the Contractor shall not subcontract any portion of the contract without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this contract, nor shall any subcontracting obligate payment from the Agency. The prime contractor shall remain wholly responsible for the entire performance of the contractual agreement, including work performed directly by the prime contractor and work provided through subcontractors. The prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subcontractor is used during the term of this agreement. Any subcontractors which the respondent intends to use, and which are known at the time of response should be identified in the proposal response.

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

7. Amended Proposals An Offeror may submit an amended proposal before the proposal due date. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. Agency personnel will not merge, collate, or assemble proposal materials.

8. Offeror’s 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 addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations, 1.4.1.5 & 1.4.1.36 NMAC.

9. Proposal Offer Firm Offerors’ submitted pricing will be considered firm for one-hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

10. Disclosure of Proposal Contents The contents of all submitted proposals will be kept confidential until the final award has been completed by the Agency. At that time, all proposals and documents pertaining to the proposals will be available for public inspection, except for proprietary or confidential material as follows:

a. Proprietary and Confidential information is restricted to:

1. confidential financial information concerning the Offeror’s organization; and

2. information that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, §§57-3A-1 through 57-3A-7 NMSA 1978.

b. An additional but separate redacted version of Offeror’s proposal, as outlined and identified in Section III.B.2.a, shall be submitted containing the blacked-out proprietary or confidential information, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal.

IMPORTANT: The price of products offered, or the cost of services proposed SHALL NOT be designated as proprietary or confidential information.

If a request is received for disclosure of proprietary or confidential materials, the Agency shall examine the request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of proprietary or confidential information.

11. No Obligation This RFP in no manner obligates the State of New Mexico or any of its Agencies to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

12. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Agency determines such action to be in the best interest of the State of New Mexico.

13. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be affected by sending written notice to the contractor. The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

14. Legal Review The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

15. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

16. Basis for Proposal Only information supplied in writing by the Procurement Manager or contained in this RFP shall be used as the basis for the preparation of Offeror proposals.

17. Contract Terms and Conditions The contract between an agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Draft Contract (APPENDIX C). However, the contracting agency reserves the right to negotiate provisions in addition to those contained in this RFP Draft Contract (APPENDIX C) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The Agency discourages exceptions from the contract terms and conditions as set forth in the RFP Draft Contract (APPENDIX C). Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and the Evaluation Committee), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

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.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Draft Contract (APPENDIX C) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Draft Contract are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate…