61-51600-25-05661_61-51600-25-05661 Fish Feed ITB FINAL.docx.DOCX

State of New Mexico General Services Department Purchasing Division ITB Price Agreement #: 61-51600-25-05661 Page-9

SPD (Rev. 5/25)

Invitation to Bid – Price Agreement

ITB Number: 61-51600-25-05661 ITB Title: Fish Feed

Bid Responses Due:

Date: October 28, 2025 Time: 2:00pm Late Submission of Bids Cannot Be Accepted.

Electronic Bid Submission: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico See Page 2 for detailed instructions.

Delivery: As stated in specifications.

Payment Terms: Net 30 F.O.B.: Destination (unless otherwise indicated in the specifications)

Commodity Code(s): 32528

If you have questions regarding this ITB please contact:

Procurement Specialist: Kimberly A Hunt-Brown Telephone No.: 505-490-3152

To join formal sealed Bid Opening via Teams, use the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDBmNmQzMDUtNzNjYi00YzUyLTkyOGEtMTE5ZDZiMGRhOGE2%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2217362856-1f15-4445-851c-d0a4af6e7161%22%7d

To attend formal sealed Bid Opening in person, attend 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.

The Terms and Conditions shall not be modified or supplemented.

Additional/Alternate terms and conditions will not be accepted.

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2. Bids sent via email will not be accepted

NOTE: If you decide not to bid, do not submit this document.

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.

Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the Procurement Specialist listed above

Bidder Instructions for Invitation to Bid (ITB) Viewing ITB:

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

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

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

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 NOT be accepted via email

· 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.

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

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.

Public Bid Opening:

Sealed bids will be opened publicly online via Microsoft Teams and in person at the address on Page 1.

To 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# Terms and Conditions (Unless otherwise specified)

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

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

3. Assignment:

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

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

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

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

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

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

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

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

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

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

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

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

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

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

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

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

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

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

18. Submission of Bid: Bids must be submitted electronically through eProNM at the following site: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

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

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. Preference Certificates: 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 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.

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

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.

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.

New Mexico Employees Health Coverage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Specifications:

Establish a Department Price Agreement (DPA) to obtain Fish Feed for the Fisheries Management Division (FMD) of the New Mexico Department of Game and Fish (NMDGF) for use in the various State Hatcheries, and in the wild (i.e., outside hatcheries in streams or lakes), as needed.

Term:

The term of this Price Agreement shall be for four (4) years from date of award. There is no option to extend this Price Agreement. This Price Agreement shall not exceed four (4) years.

The State reserves the right to terminate this Price Agreement upon a thirty-day written notice to all parties.

Method of Award:

Pursuant to the Procurement Code, Sections 13-1-153 and 13-1-154, the State reserves the right to issue multiple awards to obtain the items listed. Multiple awards are recommended to ensure availability and timely delivery. Determination for award shall be based upon the lowest total cost of all items listed and the bidder’s abilities to meet both the minimum and the submittal requirements of the Invitation to Bid (ITB). This may be a multiple award contract.

Additional Information Related to Funding Source Requirements:

This ITB may involve federal funds. Any Awarded Vendor(s) must be registered under the Federal System of Award Management (SAM) and have a status of ‘Active’ throughout the term of the Price Agreement.

Register under the Federal System of Award Management (SAM): https://www.SAM.gov

Tax Note:

Bid shall not include State Gross Receipts Tax (GRT) or Local Option Tax. If applicable, such tax or taxes shall be added at the time of invoicing at the current tax rate at the project’s location, and shall be shown on the invoice as a separate line item to be paid.

Brand Name or Equal:

The use of a brand name is for the purpose of describing the standard of quality, performance and a characteristic desired and is not to limit or restrict competition.

Escalation/Reduction Clause:

An Awarded Vendor shall keep pricing fixed for each year of this Agreement. Thereafter, SPD and the Awarded Vendor may adjust pricing no more than once annually through an amendment to the Agreement at the time of Agreement renewal. An Awarded Vendor shall submit all price escalation/reduction requests to SPD directly or through the agency contact in writing and provide substantiating evidence that each request is based on demonstrable market changes impacting the cost of products. The request must show all proposed increases by line item and include supporting documentation acceptable to SPD (such as a letter from a manufacturer indicating price increases, etc.). SPD’s decision on what is acceptable in this context is final and shall be accepted by all parties to the Agreement. Requested price increases that exceed 10% will not be accepted. No price increase may result in a higher profit margin for the Awarded Vendor 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 an Awarded Vendor's prices are reduced for any reason, users shall receive the benefit of such reductions immediately. Price increases will not be retroactive to orders already in-house or backorders. Orders will be fulfilled at the price in effect on the date of receipt of the order by the Awarded Vendor.

To facilitate prompt consideration, all requests for price increase must include all information listed below:

1. Agreement Item Number

2. Current Item Price

3. Proposed New Price

4. Percentage of Increase

5. Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the increase.

Minimum Requirements:

Section 1: General Requirements A. An Awarded Vendor may be both the manufacturer of fish food products and the vendor selling said products. Such vendor-manufacturer must be able to demonstrate satisfactory production, sales, and performance of trout feed in public hatchery facilities in the western states for a period of not less than two years immediately prior to submission of bids.

1. Documentation of satisfactory production, sales, and performance may be required prior to award of Price Agreement although such documentation will not be used to evaluate the bid.

2. If so requested prior to award, potential Awarded Vendors bidding on this ITB will provide the above documentation, by submitting it under separate cover to Paul Erker, Assistant Chief of Fisheries – Hatcheries, at: Paul.Erker@dgf.nm.gov.

B. The Price Agreement resulting from this ITB is subject to cancellation on written notice if, in the judgement of the NMDGF, poor performance or abnormalities occur in trout as a result of the feed during the Price Agreement period. In the event of said cancellation, any feed remaining at the hatcheries shall be removed by the Awarded Vendor, and reimbursement at the Price Agreement price shall be made from the Awarded Vendor back to the NMDGF.

C. The trout feed offered with the bid and sold under any resulting Price Agreement must meet the industry standards for closed formula feed containing the formulation specifications listed under Section 3, Formulation Specifications, and Section 4, Additional Specifications.

1. Any deviation from these specifications must receive prior approval from the New Mexico Department of Game and Fish.

2. The Awarded Vendors must agree to supply samples upon request of various ingredients to be used in manufacturing New Mexico's feed. These ingredients will be analyzed to determine compliance with specifications.

D. Feed provided will be tested by the manufacturer biannually for inorganic arsenic in accordance with the following requirements:

1. Tests will be conducted according to EPA approved methods and will consist of one sample from each size of feed with results presented in ppm.

2. Detection limits of the test shall be set no higher than 0.02ppm.

3. Tests will be conducted in August and February, and all results will be forwarded to Kirk Patten, Chief of Fisheries; 1 Wildlife Way, Santa Fe, NM 87507.

4. Levels of inorganic arsenic higher than 0.04ppm in feed will be cause for cancellation of the Price Agreement.

E. Periodic analysis will be made for protein, fat, fiber, moisture, and ash contents, and the “percentage (%) of pepsin digestibility” of the finished product by testing laboratories or State departments.

1. Feeds not rigidly corresponding to the specified manufacturer claims for contents and specified sizes will be refused and may be cause for cancellation of the Price Agreement.

2. NMDGF reserves the right to send inspectors to check the plant equipment and milling procedures.

Section 2: Feed Orders and Deliveries

A. The feed unit prices will be bid in the designated Sections 6 through 9 of the Items List spreadsheet, and shall include all packing, handling, shipping, and freight charges as Freight on Board (FOB) to the storerooms at the six State trout hatchery locations listed below:

1. Glenwood Hatchery: 9 Hatchery Road, Glenwood, NM 88039

2. Lisboa Springs Hatchery: 26 Fish Hatchery Road, Pecos, NM 87552

3. Los Ojos Hatchery: 29 Hatchery Road, Los Ojos, NM 87551

4. Red River Hatchery: 185 State Route 515, Questa, NM 87556

5. Seven Springs Hatchery: 346 FR 314, Jemez Springs, NM 87025

6. Rock Lake Hatchery: 1025 Hatchery Loop, Santa Rosa, NM 88435

B. The NMDGF will place orders by purchase order in truckload quantities of a minimum of 42,000 lbs., which may include up to three (3) hatchery drops per truckload.

1. The approximate annual need for trout food is 1,000,000 pounds, of which approximately five percent (5%) will be Starter and No. 1, approximately fifteen percent (15%) will be No. 2 through No. 4, and the remainder will be pellet size.

2. The quantities indicated in this ITB are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period and do NOT indicate single order amounts unless otherwise stated.

3. The State of New Mexico makes no guarantees about single order quantities or total aggregate order quantities, and will purchase any amount or all of the 1,000,000 pounds from any of the Awarded Vendors, depending on feed performance and availability.

C. Orders for Starter Feed and No. 1 through No. 4 may be made in small lots of 100 to 500 pounds.

1. Delivery to each of the six State hatcheries will be via UPS or similar carrier.

2. Feed unit prices for small deliveries will be FOB to each hatchery storeroom, and will be listed in Section 7 on the Items List spreadsheet as Price per Pound.

D. Feed must be packaged in new multi-wall polyethylene or glassine lined paper bags.

1. Bags are to be closed by stitching, and both the stitching and the bags shall be of sufficient strength for normal hatchery handling.

2. The net weight of a bag of the sinking feed is to be 50 pounds (40 pounds per bag is acceptable for floating feed).

3. Each bag must be labeled with color-coded tags to show granule or pellet size, and diet identification. Tags will show minimum protein, maximum fat, fiber, moisture, and ash.

4. Bags must be stamped with milling date.

E. Delivery of feed to hatcheries shall meet the following requirements:

1. Feed delivery shall be made within ten (10) days after notification from the hatchery to the Awarded Vendor.

a. Hatcheries will accept deliveries during working hours, between 8 a.m. and 4 p.m., Monday through Friday, except on holidays.

b. Exceptions for delivery and receipt may be made with prior approval of the hatchery manager.

c. The Awarded Vendor must notify the hatchery forty-eight (48) hours in advance of the delivery date.

d. Delivery must be made within twenty (20) days of the feed mixing date.

2. Bid pricing for all feed orders over twenty (20) total bags for individual hatcheries should include the Awarded Vendor’s costs for delivery on new pallets with shrink-wrapping.

F. The Awarded Vendor shall be responsible for replacing any fish feed received from them that is found to be in damaged condition at no cost to the State of New Mexico. This includes all shipping costs for returning fish feed to the Awarded Vendor for replacement.

G. Delivery of wet or broken bags, or bags showing evidence of wetness, damage to contents, loss of contents, or feed milled more than twenty (20) days prior to date of delivery, will not be accepted by the State.

Section 3: Formulation Specifications A. General Requirements:

1. Fish food supplies must be a proven low temperature extruded/expanded or high temperature extruded (slow sinking or floating) trout food which has been used on a production basis for a period not less than one year at U.S. Fish and Wildlife Service National Fish Hatcheries and/or State agency trout hatcheries.

2. The food must meet the complete nutritional requirements of trout without the necessity of supplemental feedings.

3. The pellets and granules are not to be bagged until cooled to ten (10) degrees Fahrenheit above ambient air temperature and dried to a moisture content of ten percent (10%) or less.

B. Specifications:

1. Fish food must be milled not more than twenty (20) days prior to delivery and contain vitamin and trace mineral supplements in amounts equal to or greater than industry standards for closed formula feeds. The Awarded Vendor must provide the manufacturer’s best quality feed.

2. Closed formula feed shall contain the following guaranteed analysis:

a. Fry Diet – Starter, No. I and No. 2 granules:

· Crude Protein – not less than 52%

· Crude Fat – not less than 17%

· Crude Fiber – not more than 3%

· Ash – not more than 15%

· Fish Protein – not less than 35%

· Fish meal – must contain no more than 5% salt Pepsin digestibility by 0.2%

· Pepsin – not less than 92%

b. Fingerling Diet – No. 3 and No. 4 granules, or pellets: 3/32", l .5mm, and 2.5mm:

· Crude Protein – not less than 45%

· Crude Fat – not less than 16%

· Crude Fiber – not more than 4%

· Ash – not more than 15%

· Fish Protein – not less than 30%

· Fish meal – must contain no more than 5% salt Pepsin digestibility by 0.2%

· Pepsin – not less than 90%

c. Production Diet – 1/8”, 5/32", 3/16", ¼", 3.5mm, 4.5mm, 5.5mm, and 7.5mm pellets:

· Crude Protein – not less than 42%

· Crude Fat – not less than 13%

· Crude Fiber – not more than 4%

· Ash – not more than 15%

· Fish Protein – not less than 30%

· Fish meal – must contain no more than 5% salt Pepsin digestibility by 0.2%

· Pepsin – not less than 87%

d. Broodstock Diet – 5/32", 3/16", ¼”, 4.5mm, 5.5mm, 7.5mm pellets:

· Crude Protein – not less than 45%

· Crude Fat – not less than 10%, not more than 15%

· Crude Fiber – not more than 5%

· Ash – not more than 15%

· Fish Protein – not less than 20%

· Fish meal – must contain no more than 5% salt Pepsin digestibility by 0.2%

· Pepsin – not less than 87%

3. The dust content of granules and pellets shall not exceed 2% at the specified delivery point. Dust is defined as particles that would pass through a U.S. Screen Size #30 (595 microns) for granules, and a U.S. Screen Size #10 (2.00 mm) for pellets.

4. The ingredients and finished feeds shall be wholesome, clean materials free from noxious chemicals and foreign materials. Contamination of the bags of any kind that might damage fish in normal feeding procedures may render the feed unacceptable.

5. The manufacturer's mill, equipment, and manufacturing procedures must comply with the FDA's "Good Manufacturing Practices" prepared by Robert A. Wilcox, Grain Science and Industry, Kansas State University, Manhattan, Kansas.

6. Standard granule sizes shall be as follows:

· Starter: To pass through 595 microns, U.S. Screen #30; to pass over 450 microns, U.S. Screen #40.

· No. 1 Granules: to pass through 841 microns, U.S. Screen #20; to pass over 595 microns, U.S. Screen #30.

· No. 2 Granules: to pass through 1.19 mm, U.S. Screen #16; to pass over 841 microns, U.S. Screen #20.

· No. 3 Granules: to pass through 2.00 mm, U.S. Screen #10; to pass over 1.19 mm, U.S. Screen #16.

· No. 4 Granules: to pass through 3.36 mm, U.S. Screen #6; to pass over 2.00 mm, U.S. Screen #10.

7. Standard Pellet Sizes shall be as follows:

· 3/32" diameter x 3/32" long, or 2.5 mm x 2.5 mm

· 1/8" diameter x 1/8" long or 3.5 mm x 3.5 mm

· 5/32" diameter x 5/32" long or 4.5 mm x 4.5 mm

· 3/16" diameter x 3/16" long or 5.5 mm x 5.5 mm

· ¼” diameter x ¼” long or 7.5 mm x 7.5 mm

Section 4: Additional Specifications A. Medicated Feed:

1. Drugs used in the production of medicated feed must be registered for fish culture use by the Food and Drug Administration. Current approved sources for drugs are:

· Oxytetracycline (Terramycin 200 for Fish) – Phibro Animal Health Corporation, Teaneck, New Jersey

· Aquaflor (Florfenicol) – Merck Animal Health & Co. Inc., Rayway, New Jersey

2. Medicated feed orders may be made in small lots of 100 to 500 lbs. Feed unit prices FOB six State hatcheries for medicated feed will be listed in Section 8 of the Items List spreadsheet as Price per Pound.

B. Additives:

1. The NMDGF may request specific additives to be mixed with any of the feed formulations and sizes listed in this ITB.

2. Bid prices will be listed in Section 9 of the Items List spreadsheet as Price per Pound for the following additives:

· Double vitamin pack

· Double vitamin "C"

· Triple vitamin "C"

· Red pigment

Section 5: Feed Purchase Deviation New Mexico Department of Game and Fish (NMDGF) reserves the right to purchase food from suppliers other than the Awarded Vendors if they are also the feed manufacturer under the conditions listed below:

1. When feed supplied by the manufacturer is a cause of fish health problems due to dietary or other feed-related implications.

2. When NMDGF elects to conduct feed experiments or tests.

3. When the Awarded Vendor is also the manufacturer but does not provide the necessary product for production needs.

4. When special concerns, species-specific considerations, and environmental conditions exist, including but not limited to:

· Fish health

· Life-stage development

· Species-specific nutritional requirements for disease control

· Individual hatchery needs

· Water quality and chemistry

· Hatchery effluent discharge requirements

5. When other needs are determined by NMDGF that necessitate obtaining alternate feed options outside of those provided under an award made pursuant to this ITB.

Sections 6 Through 9: Items List Table: Prices for Standard Trout Feed, Medicated Feed and Supplements A. When bidding, enter the Bid Price per Pound for the type of trout feed specified in Sections 6 through 9, inclusive of the previously stated requirements for each feed type, and packaging and shipping requirements; delivery shall be FOB for each State hatchery.

1. Section 6 shall contain the unit price per hatchery, bid as Price per Pound, for Items 1 through 13.

· For Items 1 through 13, the unit Price per Pound shall be for delivery to each hatchery of 42,000 pounds of Standard Trout Feed.

2. Section 7 shall contain the unit price per hatchery, bid as Price per Pound, for Items 14 through 26.

· For Items 14 through 26, the unit Price per Pound shall be for delivery to each hatchery of 100 to 500 pounds of Standard Trout Feed.

3. Section 8 shall contain the unit price per hatchery, bid as Price per Pound, for Medicated Feed, for Items 27 through 30.

4. Section 9 shall contain the bid Price per Pound for Supplemental Feed Additives, Items 31 through 34. These items should only be bid as a single price for each item; this is not a per-hatchery price.

A. Potential Awarded Vendors are encouraged to bid on each item, but are not required to do so.

B. Additional items may not be added to this ITB.

End of Specifications

Items’ Submission Instructions:

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

Items are located in the eProcurement System: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

Online Submission for Items:

1. Bidders are required to download the ITB PDF or Excel Items Spreadsheet from the Buyer Attachments’ page;

2. Bidders are required to enter bid prices into the ITB PDF or Excel spreadsheet.

3. Upload the completed ITB PDF or Excel spreadsheet into the Supplier Attachments’ page.

W9 Submission:

All vendors must submit a valid, signed W-9 Form with their bid submission. The form may be either:

· The official Federal IRS Form W-9, or

· A substitute W-9 Form provided by the State of New Mexico, provided it contains all required information and certifications.

The form must be signed and dated within the current calendar year. The signature must be a wet (handwritten) signature, or a digitally verified signature utilizing a secure, third-party electronic signature platform (e.g., DocuSign), accompanied by a verifiable signature receipt.

Failure to provide a properly completed and signed Form W-9 may result in disqualification of the bid.

If State Purchasing finds that the W9 form needs correction or clarification, the vendor will have three (3) business days to correct the error and/or provide clarification. If State Purchasing does not receive the correct form within three (3) business days, the bidder will be disqualified.

**Bidders do not have the ability to add, delete, or alter Items**

Note to Bidders: Bid pricing for feed orders of over twenty (20) total bags should include the costs for delivery on new pallets with shrink-wrapping.

Section 6 – Items 1 – 13, Price per Pound for Deliveries of 42,000 Pounds of Standard Trout Feed per Hatchery

Section 7 – Items 14 – 26, Price per Pound for Deliveries of 100 to 500 Pounds of Standard Trout Feed

Section 8 – Items 27 – 30, Price per Pound for Deliveries of 100 to 500 Pounds of Medicated Trout Feed

Section 9 – Items 31 – 34, Price per Pound for Feed Additives (single price per item; no per-hatchery charge)

*** 34 Items Total ***

NOTE TO BIDDERS:

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

It is the Bidders’ responsibility to ensure all documents are completely uploaded and…