61-55000-26-01208_61-55000-26-01208_Ute Dam Outlet Works Modification Project 5.20.26.pdf.PDF

STATE PURCHASING DIVISION

OF THE

GENERAL SERVICES DEPARTMENT

AND

INTERSTATE STREAM COMMISSION

REQUEST FOR PROPOSALS (RFP)

UTE DAM OUTLET WORKS MODIFICATION PROJECT

RFP# 61-55000-26-01208

RFP Release Date: May 21, 2026

Proposal Due Date: June 23, 2026

ELECTRONIC-ONLY PROPOSAL SUBMISSION

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of construction services necessary to complete the Ute Dam Outlet Works Modification Project in accordance with the stamped drawings, technical specifications, and dam-safety requirements. The procurement includes, but is not limited to, the construction, installation, repair, electrical, coating, underwater, and commissioning activities described in Section IV. A (Detailed Scope of Work). This RFP is issued under state authority.

B. BACKGROUND INFORMATION

The Interstate Stream Commission (ISC) is responsible for investigating, protecting, conserving, and developing New Mexico’s water resources and stream systems. As part of this mission, the ISC owns and operates Ute Dam, a critical water-storage and delivery facility serving northeastern New Mexico. The ISC conducts planning, engineering, hydrologic, environmental, and operational activities to ensure the safe and reliable performance of the dam and its outlet works in accordance with State dam-safety requirements.

The services sought under this RFP directly support the ISC’s statutory mission by implementing necessary modifications to the Ute Dam outlet works to maintain operational reliability, improve control capabilities, and ensure continued compliance with the New Mexico Office of the State Engineer – Dam Safety Bureau (OSE-DSB). Additional background information, if applicable, is provided in the Sample Contract (Appendix C) and Section IV (Specifications and Requirements).

Funding: This project is fully state-funded; no federal funds are involved.

C. SCOPE OF PROCUREMENT

The services sought under this RFP directly support the ISC’s statutory mission by implementing necessary modifications to the Ute Dam outlet works to maintain operational reliability, improve control capabilities, and ensure continued compliance with the New Mexico Office of the State Engineer – Dam Safety Bureau (OSE DSB). Additional background information, if applicable, is provided in Appendix C (Sample Contract) and Section IV (Specifications and Requirements).

All work must be performed in a manner that ensures the protection of public safety, dam infrastructure, and compliance with dam safety regulations, and minimizes disruption to reservoir operations.

This procurement will result in one single award, subject to mutual agreement and the availability of funds, and consistent with the term reflected in Appendix C.

The ISC reserves the right to award, negotiate, or cancel this procurement in accordance with the New Mexico Procurement Code and State Procurement Regulations.

D. PROCUREMENT MANAGER

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

Name: Maria Lugo Mee, Procurement Manager Telephone: (505) 412-7965 Email: Maria.Lugo-Mee@ose.nm.gov

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 Purchasing Division of the General Services Department or the State Agency sponsoring this Procurement.

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

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

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

mailto:Maria.Lugo-Mee@ose.nm.gov

5. Confidential means confidential financial information concerning the Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act (§§57-3A-1 through

57-3A-7 NMSA 1978).

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

7. Contract Manager means the individual designated by the Agency to oversee contract performance.

8. Contractor means any business having a contract with a state agency or local public body.

9. Determination means the written documentation of a decision of a procurement officer, including findings of fact required to support the decision.

10. Desirable means the terms “may,” “can,” “should,” “preferably,” or “prefers,” identifying a desirable or discretionary item or factor.

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

12. Electronic Version/Copy means a digital format readable on computers or electronic devices that contains all content of the original document.

13. Engineer means RJH Consultants, Inc., or the Engineer of Record designated by the ISC.

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

15. Evaluation Committee Report means a report prepared by the Procurement Manager and Evaluation

Committee supporting the recommendation for contract award.

16. Final Award means the point at which the final required signature has been affixed to the resulting contract, making it fully executed.

17. Finalist means an Offeror who meets all mandatory specifications and whose score merits further consideration.

18. Hourly Rate means the proposed fully loaded maximum hourly rates including travel, per diem, fringe benefits, overhead, and subcontractor costs.

19. IT means Information Technology.

20. Mandatory means the terms “must,” “shall,” “will,” “is required,” or “are required,” identifying a mandatory item or factor.

21. Minor Irregularities means anything in the proposal that does not affect price, quality, quantity, or any other mandatory requirement.

22. Multiple Source Award means an award of a contract to more than one Offeror.

23. Offeror means any person, corporation, or partnership submitting a proposal.

24. OSE-DSB means the New Mexico Office of the State Engineer – Dam Safety Bureau.

25. Price Agreement means a definite or indefinite quantity contract requiring the contractor to furnish items of tangible personal property, services, or construction to a state agency or local public body.

26. Procurement Manager means the person authorized by the Agency to conduct the procurement and administer resulting contracts.

27. Procuring Agency means all State of New Mexico agencies, commissions, institutions, political subdivisions, and local public bodies allowed by law to procure from the agreement(s) awarded as a result of this RFP.

28. Project means the Ute Dam Outlet Works Modification Project.

29. Redacted means a version of the Offeror’s proposal with proprietary or confidential information blacked out but not removed.

30. Request for Proposals (RFP) means all documents used for soliciting proposals.

31. Responsible Offeror means an Offeror who submits a responsive proposal and demonstrates adequate financial resources, facilities, personnel, reputation, and experience.

32. Responsive Offer means an offer that conforms in all material respects to the requirements of the RFP.

33. Sealed means an Offeror’s proposal has been successfully uploaded into eProNM prior to the submission deadline.

34. Single Source Award means an award of contract to only one Offeror.

35. SPD means the State Purchasing Division of the New Mexico General Services Department.

36. Staff means any individual who is a full-time, part-time, or independently contracted employee of the

Offeror.

37. State means the State of New Mexico.

38. 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 State.

39. State Purchasing Agent means the Director of the State Purchasing Division.

40. Statement of Concurrence means an affirmative statement from the Offeror agreeing to comply with a required specification.

41. Substantial Completion means the stage when the Work is sufficiently complete for the ISC to use the facility for its intended purpose.

42. Unredacted means a complete version of the proposal containing all information, including confidential information, for evaluation purposes.

43. Work means all labor, materials, equipment, and services required to complete the Project.

44. Written means typed in standard 8.5 x 11-inch format by common electronic means.

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 your 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:

https://www.ose.nm.gov/ProgramSupport/contractManagement.php https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://www.ose.nm.gov/ProgramSupport/contractManagement.php

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:

Action Responsible Party Due Dates

1. Issue RFP SPD 21 May 2026

2. Acknowledgement of

Receipt Form Potential Offerors 1 June 2026

3. Pre-Proposal Conference Agency 1 June 2026, 10:00 AM

MST/MDT

4. Deadline to submit Written Questions

Potential Offerors 10 June 2026

5. Response to Written Questions

Procurement Manager 15 June 2026

6. Submission of Proposal Potential Offerors 23 June 2026 7.* Proposal Evaluation Evaluation Committee 23 June 2026 to 9 July 2026 8.* Selection of Finalists Evaluation Committee 9 July 2026 9 * Oral Presentation(s) Finalist Offerors 10 July 2026, 10:30 AM MST/MTD 10.* Best and Final Offers Finalist Offerors 11 July 2026 11.* Finalize Contractual

Agreements Agency/Finalist Offerors

TBD

12.* Contract Awards Agency/ Finalist Offerors

TBD

13.* Protest Deadline SPD +15 days *Dates indicated in Events 7 through 13 are estimates only, and may be subject to change without necessitating an amendment to the RFP. The ISC is not responsible for any costs incurred by Offerors due to schedule changes, delays, or extensions.

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 Interstate Stream Commission on the date indicated in Section II.A, Sequence of Events.

2. Acknowledgement of Receipt Form Potential Offerors may email the Acknowledgement of Receipt Form (APPENDIX A), to the SPD buyer, Morris Hurtado, morris.hurtado@gsd.nm.gov, to have their organization placed on the procurement Distribution List. The form must be returned to the SPD Buyer by 3:00 PM MST/ MDT on the date indicated in Section II.A, Sequence of Events mailto:morris.hurtado@gsd.nm.gov

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 pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, beginning at 10:00 AM MST/MDT via Microsoft Teams Meeting.

https://teams.microsoft.com/meet/248995803488501?p=gYZGVbeaLinQQnZ8UT Meeting ID: 248 995 803 488 501 Passcode: nf2Tq7WC 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 until they are posted in writing. 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.

Attendance at the pre-proposal conference is mandatory and is a prerequisite for submission of a proposal.

4. Deadline to Submit Written Questions Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until 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 form the basis of the question.

5. Response to Written Questions Written responses to the written questions will be provided via e-mail, 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/

• https://www.ose.nm.gov/ProgramSupport/contractManagement.php

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

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 https://teams.microsoft.com/meet/248995803488501?p=gYZGVbeaLinQQnZ8UT https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://www.ose.nm.gov/ProgramSupport/contractManagement.php

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 the schedule in Section II.A, Sequence of Events, or as soon as possible thereafter.

Finalists will be comprised of up to three (3) Offerors receiving the highest cumulative scores in the following evaluation categories:

• Organizational Experience (Section V.B.1)

• Organizational References (Section V.B.2)

• Mandatory Specifications (Section V.B.3)

• Oral Presentations, if required (Section V.B.4)

Only those Offerors whose proposals meet all mandatory requirements and whose cumulative scores rank within the top group identified above will be selected as Finalists. The Agency reserves the right to select fewer than three Finalists if fewer proposals meet the minimum requirements.

9. Oral Presentations Finalist Offerors, as selected per Section II.B.8 above, may be required to conduct an oral presentation at a venue to be determined as per schedule Section II.A., Sequence of Events, or as soon as possible thereafter. If Oral Presentations are held, Finalist Offerors may be required to make their presentations through electronic means (Microsoft Teams, Zoom, etc.). The Agency will provide Finalist Offerors with an agenda and applicable details (such as scheduled presentation date and time, time limits, etc.);

including an invitation to the event. Whether or not Oral Presentations will be held is at the sole discretion of the Evaluation Committee. Oral presentations may be used to clarify proposals.

10. Best and Final Offers (BAFOs) Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by as per schedule Section II. A., Sequence of Events or as soon as possible. BAFOs may also be clarified or amended during oral presentations.

11. 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 proposal may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror 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.

12. 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.

13. Protest Deadline Any protest by an Offeror must be submitted timely 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-calendar 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 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.

mailto:Dorothy.Mendonca@gsd.nm.gov

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. 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 to only the prime contractor.

4. Subcontractors/Consent The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, 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.

5. 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.

6. 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.

7. Proposal Offer Firm Responses to this RFP, including proposal prices for services, 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.

8. 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.

9. 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.

10. 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.

11. 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 a 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.

12. 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.

13. 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.

14. 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.

15. 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.

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 the 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 wording.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as a successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process.

Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as a successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

16. Offeror’s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency. See Section II.C.15 for requirements.

17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a Responsive Offer as defined in §13-1-83 and §13-1-85 NMSA 1978.

19. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities, as defined in Section I.F.19.

The Evaluation Committee also reserves the right to waive mandatory requirements, provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20. Change in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.

21. Notice of Penalties The Procurement Code, §§13-1-28 through 13-1-199 NMSA 1978, imposes civil, and misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

22. Agency Rights The Agency in agreement with the Evaluation Committee, reserves the right to accept all or a portion of a potential Offeror’s proposal.

23. Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or agency contracts deriving from this procurement. Failure to adhere to this requirement may result in the disqualification of the Offeror’s proposal or removal from the contract.

24. Ownership of Proposals All documents submitted in response to the RFP shall become the property of the State of New Mexico.

If the RFP is cancelled, all responses received shall be destroyed by the Agency or SPD.

25. Confidentiality Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Agency.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission.

26. Electronic mail address required A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.5, Response to Written Questions).

27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern. Please refer to:

https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ or https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tap=PHX

28. New Mexico Employees Health Coverage A. If the Offeror 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, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: https://bewellnm.com.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

29. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form (APPENDIX B) as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official.

Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tap=PHX https://bewellnm.com/

30. Letter of Transmittal Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX E, which must be signed by the individual authorized to contractually obligate the company, identified in #2 below.

Provide the following information:

1. Identify the submitting business entity; Name, Mailing Address, Phone Number, Federal Tax ID Number (TIN), and New Mexico Business Tax ID Number(BTIN, formerly CRS);

2. Identify the Name, Title, Telephone, and E-mail address of the person authorized by the Offeror’s organization to (A) contractually obligate the business entity providing the Offer, (B) negotiate a contract on behalf of the organization; and/or (C) provide clarifications or answer questions regarding the Offeror’s proposal content (A response to B and/or C is only necessary if the responses differs from the individual identified in A);

3. Identify any subcontractor/s that may be utilized in the performance of any resultant contract award;

4. Identify any other entity/-ies (such as State Agency, reseller, etc., that is not a sub-contractor identified in #3) that may be used in the performance of this awarded contract; and

5. The individual identified in #2 above, must sign and date the form, attesting to the veracity of the information provided, and acknowledging (a) the organization’s acceptance of the Conditions Governing the Procurement stated in Section II.C.1, (b) the organizations acceptance of the Section V Evaluation Factors, and (c) receipt of any and all amendments to the RFP.

Failure to submit the signed Letter of Transmittal Form located in Appendix E will result in Offeror’s disqualification.

31. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;

2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for:

a. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

b. violation of Federal or state antitrust statutes related to the submission of offers; or

c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

c. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the State Purchasing Agent or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.

32. New Mexico/Native American Resident Preferences To ensure adequate consideration and application of §13-1-21 NMSA 1978 (as amended), Offeror must submit a copy of its valid New Mexico/Native American Resident Preference Certificate or its valid New Mexico/Native American Resident Veteran Preference with its proposal. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

In accordance with §13-1-21(H) NMSA 1978, an agency shall not award any combination of New Mexico/Native American Resident Preferences.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

In accordance with §13-1-21(J) NMSA 1978, the New Mexico/Native American Resident Preferences shall not apply if the expenditures for this RFP includes federal funds.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors shall submit only one proposal in response to this RFP.

B. ELECTRONIC SUBMISSION

ONLY ELECTRONIC SUBMISSION VIA SPD’S eProNM SYSTEM IS PERMITTED (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico)

Any proposal that does not adhere to the requirements of this Section II.B and Section III.C Proposal Content and Organization may be deemed non-responsive and rejected on that basis.

1. Electronic Submission Requirements

a. Register in eProNM well in advance of the submission deadline - In order to submit a response to this RFP, Offeror’s registration must be 100% Complete, in the eProNM System. It is the Offeror’s responsibility to ensure the registration process is completed in enough time to upload its proposal documents by the deadline set forth in this RFP. The registration page may be accessed via the following link:

https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfNewMexico

b. Follow all submission instructions - Proposals must be submitted in the manner outlined in Sections III.B.2 and III.B.3, and organized in accordance with Section III.C. Technical and Cost portions of Offerors proposal must be submitted as separate uploads, and must be prominently identified as “Technical Proposal,” or “Cost Proposal,” on the front page of each upload.

c. Complete proposal upload prior to submission deadline - 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 OFFER

CAN BE ACCEPTED.

d. Upload a single Technical file and a single Cost file, unless a document exceeds 50MB - The Offeror need only submit one single electronic copy of each portion of its proposal (one Technical and one Cost), as outlined in Sections III.B.2 and III.B.3. EXCEPTION: Single electronic files that exceed 50MB may be submitted as multiple uploads, which must be the least number of uploads necessary to fall under the 50mb limit.

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

e. DO NOT upload .zip files - In accordance with the State of New Mexico’s Information Technology (IT) policies and procedures, we are unable to accept .zip files. See Section II.B.1.d, above, requirements for uploading large files.

f. DO NOT password-protect proposal documents – The SPD eProNM system is secure, and accessible only to SPD personnel, through a password-protected login. Confidential information must adhere to the requirements of Section II.C.8 and must be submitted pursuant to Section II.B.2.a.

g. eProNM Technical Support

i. For assistance with completing the registration process, uploading a proposal, or other technical support issues, call (505) 795-1894 or (505) 372-8489.

ii. For assistance with eProNM passwords or if the primary contact for your account is no longer employed by your organization call (800) 233-1211.

2. Technical Proposal – One (1) ELECTRONIC upload must be organized in accordance with Section

III.C.1. Proposal Format. All information for the Technical Proposal must be combined into a single file/document for uploading. EXCEPTION: Single electronic files that exceed 50mb may be submitted as multiple uploads, which must be the least number of uploads necessary to fall under the 50mb limit.

The Technical Proposal SHALL NOT contain any Cost information.

a. Confidential Information: If Offeror’s proposal contains confidential information, as defined in Section I.F.5 and detailed in Section II.C.8, Offeror must submit two (2) separate ELECTRONIC technical files :

i. One (1) ELECTRONIC version of the requisite proposals identified in Section III.B.2, above, as an unredacted (def. Section I.F.38) version for evaluation purposes; and

ii. One (1) redacted (def. Section I.F.26) ELECTRONIC for the public file, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal. Redacted versions must be clearly marked as “REDACTED” or “CONFIDENTIAL” on the first page of the electronic file;

3. Cost Proposal – One (1) ELECTRONIC upload of the proposal containing ONLY the Cost Proposal. All information for the cost proposal must be combined into a single file/document for uploading.

EXCEPTION: Single electronic files that exceed 50mb may be submitted as multiple uploads, which must be the least number of uploads necessary to fall under the 50mb limit

C. PROPOSAL CONTENT AND ORGANIZATION

All proposals must be submitted as follows:

Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked.

Promotional material must be minimal. Within each section of the proposal, Offerors must organize and address the RFP requirements in the order indicated below. All forms provided in this RFP must be thoroughly completed and included in the appropriate section of Offeror’s proposal.

Any and all discussion of proposed costs, rates or expenses must occur ONLY in the Cost Proposal.

Technical Proposal – DO NOT INCLUDE ANY COST INFORMATION IN THE TECHNICAL

PROPOSAL.

1. Signed Letter of Transmittal

2. Signed Campaign Contribution Disclosure Form

3. Table of Contents

4. Proposal Summary (Optional)

5. Response to Contract Terms and Conditions (from Section II.C.15)

6. Offeror’s Additional Terms and Conditions (from Section II.C.16 )

7. Response to Specifications (except Cost information, which shall be included ONLY in Cost

Proposal)

a. Organizational Experience

• Resumes for all Key Personnel must be included under this section. Resumes shall be detailed and include education, work experience, relevant/applicable certifications/licenses, and current credential status with expiration dates.

b. Organizational References (Optional: Offeror may include a list of its references)

c. Oral Presentation (if applicable)

d. Mandatory Specification

e. Desirable Specification

f. Financial Stability –(Financial information considered confidential, as defined in Section…