70-00000-26-00002_70-00000-26-00002 Loader backhoe.pdf.PDF

ITB Number: 70-00000-26-00002 ITB Title: Loader, Backhoe

Bid Responses Due:

Date: August 7, 2026 Time: 2:00pm Late submission of Bids Cannot be Accepted.

If you have questions regarding this ITB please contact: Patrick Gardner, Procurement Specialist Telephone No.: 505-637-1876 Email: patrick.gardner@gsd.nm.gov

Commodity Code(s): 76003, 76004, 76006, 76010, 76050

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

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

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

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

NM Vendor ID# (if applicable):_____________________ Remit Address: ________________________________ Company Name: _________________________________ ____________________________________________ DBA (if applicable): ______________________________ ____________________________________________ Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: Net 30 F.O.B. Destination (unless otherwise indicated in the specifications) Delivery: As stated in specifications

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

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Technical Online Bidding Questions:

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

GSD/SPD (Rev. 1/2024)

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

State of New Mexico General Services Department

Purchasing Division ITB Statewide Price Agreement #: 70-00000-26-00002

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

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

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

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

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

Submitting Bids:

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

• Electronic submissions through eProNM at the following site:

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

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed bids in accordance with statute.

• If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

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

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet or smartphone: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22 %3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

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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

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Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

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

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

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

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

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

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

18. Submission of Bid: Bids may be submitted electronically through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three

(3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

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

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Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

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

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that her/his opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven

(7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense.

Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

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

Purchasing Division

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Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

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

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

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

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

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

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

Statewide Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law may issue orders for items and/or services described herein.

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

The items and/or services to be ordered shall be as listed under Article IX - Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by the New Mexico State Purchasing Agent, his/her designee or the user that any order for any definite https://www.bewellnm.com/

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

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

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the user may place with the Contractor during the term; The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item;

Delivery shall be made as indicated on page1. If contractor is unable to meet stated delivery the State Purchasing Agent or his/her designee must be notified.

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

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

Article VII – 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

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Specifications:

To establish a Statewide Price Agreement for the purchase of Loader, Backhoe, for EMNRD State Parks Division in accordance with the State Procurement Code of New Mexico and is available to all State of New Mexico Agencies, commissions, institutions, political subdivisions and local public bodies allowed by law.

Successful bidder should be an authorized dealer and be a physically established dealership with parts and service facilities in New Mexico, with Original Equipment Manufacturer (O.E.M.) certified mechanics qualified to repair and service all aspects of engine and powertrain components.

Successful bidders must also provide at least three (3) complete sets of keys with each unit. They will include ignition, tanks, toolboxes and other locking mechanisms.

Provide one (1) technical manual, one (1) parts book (DVD or flash drive if available) and one (1) operator's manual with each unit delivered.

Dealer preparation, conditioning and full service are required prior to delivery. Fuel tanks shall be filled to full capacity.

Parameters for engine shutdown system shall be tested prior to delivery. Dealer shall provide pre-delivery inspection forms prior to the ordering agency’s inspections.

Fuel and DEF (Diesel Exhaust Fluid) tanks, as well as all other fluid reservoirs, must be filled to full capacity. All fluid reservoirs and tanks are to be labeled with quantity and type.

Term:

The term of this Price Agreement shall be for one (1) year from date of award with the option to extend for a period of three

(3) additional years, on a year-to-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This Price Agreement shall not exceed four (4) years.

Delivery:

Deliver FOB to dealer’s place of business within the State of New Mexico. If there are no dealers or manufacturing facilities located in New Mexico, then delivery will be determined at time of order by purchaser.

Escalation/De-escalation Clause:

Contractor shall keep pricing fixed for each year of this Agreement. Thereafter, SPD and the Contractor may adjust pricing no more than once annually through an amendment to the Agreement at the time of Agreement renewal. Contractor shall submit all pricing increase 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 Contractor than at the beginning of the initial term of this Agreement. Pricing changes will apply to Agreements and amendments to Agreements entered on and after the effective date of the price change. Price decreases as well as increases shall apply in the same manner. If vendor's prices are reduced for any reason, 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 filled at the price in effect on the date of receipt of the order by the vendor.

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

1) Agreement Item Number

2) Current Item Price

3) Proposed New Price

4) Percentage of Increase

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5) Mill/Supplier Notification of price increase indicating percentage of increase including reason for increase

For escalations, awarded vendor must also supply a current Letter from the Manufacturer addressed to the vendor. The letter must state that they are increasing the price from the factory to the vendor, as well as the reason for the increase. For a price decrease, a letter from the vendor will be sufficient.

EMNRD State Parks Division upon review of an escalation or decrease request may require additional supporting documentation prior to providing a written recommendation to the SPD. Final determination on the approval or disapproval of the escalation or decrease request will be made by SPD.

Method of Award:

Award will go to the lowest responsible bidder meeting minimum specifications, terms and conditions. The State reserves the right to award multiple vendors per item. Awards will be made to meet the best interests of the State of New Mexico.

Bidders may submit a bid response for up to three (3) models for each item and are encouraged to do so long as they meet the minimum specification. EMNRD State Parks Division does not set a limit for exceeding the minimum specifications and welcomes multiple models with different capabilities. Bid responses must be completed using the attached Items Spreadsheet in Excel format.

Minimum Requirements:

Intent of Specifications:

The specifications are intended to describe equipment for use by user agencies and local public bodies throughout the State of New Mexico, which will operate efficiently and safely. The design specifications incorporated herein are intended to describe such unit, and to set forth minimal performance parameters required by the State of New Mexico. The State reserves the right to accept minor variances in product design and/or operation offered by bidders if such acceptance is determined to be in the best interest of the State.

Qualified Bidders:

Bids may be accepted from manufacturers and/or factory authorized dealers who are able and willing to provide responsive service to the ordering agency during the warranty period and the extended warranty period if required. Bidders must be able to offer the lowest cost/highest effectiveness, completely assembled units meeting or exceeding the minimum specifications contained herein.

Inspection of Work:

The ordering bureau within EMNRD State Parks Division shall have access, at any reasonable time, to the bidder's and manufacturer's facilities for the purposes of inspection during periods of manufacture or assembly of the items to be ordered hereunder. The costs associated with such inspection trips shall be borne by EMNRD State Parks Division.

Above noted equipment shall be delivered within one hundred and eighty (180) working days of bidder's receipt of order. If the above noted equipment is to be installed on a separate unit supplied by the user agency, then it shall be delivered within one hundred and eighty (180) working days of bidder’s receipt of said unit. In the event of failure of the bidder to deliver in accordance with this requirement, the bidder shall be liable to the user agency and/or the State for late delivery penalties in the amount of twenty-five dollars ($25.00) per unit per day.

Documented strikes, national emergencies, or acts of God are the only justification for delay in delivery. Acts of God are defined as unusual, sudden, and unexpected manifestations of the forces of nature, the effect(s) of which could not have been prevented by reasonable human foresight, plans, and care.

Certificates, Manuals, and Warranties:

When unit(s) are delivered, the bidder shall provide to the ordering agency (upon request):

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a) Documents of Title, (Due upon payment to vendor)

b) Certificates of Origin, (Due upon payment to vendor)

c) Warranty and Guarantee Certificates,

d) Certifications specified in the contract,

e) Manuals specified in the contract.

Guarantees and Warranties:

Unit(s) furnished hereunder shall be fully warranted (bumper to bumper) on all parts and labor for a minimum of two (2) years. All powertrain components shall be fully warrantied for at least five (5) years and/or twenty-five hundred (2,500) hours. If a factory standard warranty exceeds our stipulated warranty, the factory standard warranty shall prevail.

No deductible shall apply during the warranty period.

It is understood that unit(s) offered in response to this request for bids will be of new design. If unforeseen operational problems occur due to new design, the manufacturer shall warrant that it will retrofit at no cost to the purchaser, any improvements developed to correct problems of repeated or early failure in meeting acceptable performance standards for a period of one (1) year from date of delivery.

Hydraulic components furnished hereunder shall be fully warranted on parts and labor for a minimum of two (2) years, or as may otherwise be required under this specification.

Hydraulic Components to Be Covered:

Hydraulic Pumps, Valves, Cylinders, Reservoirs and Controls.

Servicing:

Unit(s) ordered under this agreement shall be completely serviced and ready for operation upon delivery.

Warranty Repairs:

While the unit(s) provided hereunder are under warranty, all repairs shall be completed within five (5) working days after receipt of unit(s). This period may be extended at the user's option and such extension shall be documented in writing. In the event of failure to perform repairs within five (5) working days and failure to receive approval for time extension, the Vendor shall provide a like unit until repairs are completed. All repairs shall be performed at the Vendor’s place of business or other facility of his/her choice. Delivery of unit(s) for repair and all costs associated therewith shall be the user's responsibility.

Parts Availability:

All replacement parts/components required by the ordering agency for repairs of unit(s) shall be provided within five (5) working days during the warranty period. This period may only be extended at the user's option.

In the event of failure to provide parts/components within the stipulated time or receipt of user/owner concurrence for extending this time, the bidder shall provide the replacement parts/components at no cost to the user/owner.

Training:

The Vendor will be responsible for providing a minimum of four (4) hours of service and operator training or as may otherwise be required. Training session format(s), length(s), and location(s) will be mutually agreed to between the seller and purchaser.

Payment or Acceptance Not Conclusive:

Vendor must supply agency with an invoice for payment. No payment made under this agreement shall be conclusive evidence of the performance of the price agreement either wholly or in part, and that no payment made for the delivery of the items in whole or in part shall be construed as an acceptance of defective work or improper materials, nor relieve the Vendor from corrections of the defects. The final acceptance shall not be binding upon the Purchaser or the State, or

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Page-11 conclusive, should it subsequently develop the Vendor has furnished inferior items or had departed from the specifications and/or the terms of the agreement. Should such conditions become evident, the ordering agency shall have the right, notwithstanding final acceptance and payment, to cause the item(s) to be properly furnished in accordance with the specifications (and drawings, if any) at the cost and expense of the Vendor.

Tax Note:

Bid shall not include New Mexico Gross Receipts Tax or local option tax(es). Such tax or taxes shall be added by the Contractor to its invoice at the current tax rate at each project’s location, as a separate item to be paid.

Quantities Goods:

The approximate quantities for each item are estimated and are for bidding purposes only. Actual requirements will be as determined by the using agency at the time of P.O. Quantities may be increased or decreased as necessary to meet actual requirements. The State does not guarantee any amount of work.

Order of Preference:

Any references herein to a particular make or model number are intended not to be restrictive, but to set forth an acceptable level of quality and design, equal or better.

Options:

All ordered options shall be installed if applicable.

Minimum Specifications:

Scope:

This specification describes a Four-Wheel Drive, Backhoe Loader with extendable dipper stick.

Engine:

Tier IV compliant or the most current available from manufacturer, diesel, electronic fuel injection, factory installed turbocharger (altitude compensator not acceptable). At least eighty-five (85) Society of Automotive Engineers (SAE) net engine horsepower at rated Revolutions per Minute (RPM) Duel stage, dry-type air cleaner with inner safety element. Air restriction indicator and pre-cleaner. Spin on-type oil filter(s). Fuel filter and fuel/water separator. Cold weather starting aid.

Engine block heater. Or prior approved equal.

Hood:

Tilting hood (lockable).

Exhaust:

Vertical exhaust and muffler system with ninety (90) degree turn out.

Cooling:

Liquid cooled; maximum cooling available. Anti-freeze protection in system to minus thirty-four (34) degrees Fahrenheit.

Long life or extended life coolant/anti-freeze. Locking lid or cap.

Transmission:

Manufacturer’s standard, forward and reverse power shuttle. Neutral safety switch. Transmission disconnect system on transmission shift lever. Spin-on transmission filter. Or prior approved equal.

Fuel Tank:

Maximum capacity available. Locking lid or cap and labeled with quantity and type.

Steering:

Full power, hydrostatic.

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Front Axle:

Oscillating, four-wheel drive engaged/disengaged from cab.

Front Drive Shaft:

Manufacturer’s standard with drive shaft guard.

Rear Axle:

Heavy-duty axle with cab controlled differential lock/unlock.

Brakes:

Fully enclosed, hydraulic actuated wet disk, individually applied and interlock. Parking brake. Or prior approved equal.

Ride Control:

Manufacturer’s standard.

Electrical System:

Manufacturer’s standard starting and charging system. Heavy Duty alternator and battery with lockable lid or cover. Two (2)-twelve (12) volt thirty (30) Amperage (AMP) accessory power plugs in the cab. Master disconnect switch. Or prior approved equal.

Lighting:

Run-turn-stop-warning lights. Four (4) front and four (4) rear work lights. All light will be Light-Emitting Diode (LED) type.

Throttle:

Foot and hand lever control with infinite settings with electronic control.

Tires:

Manufacturer’s standard front and rear, traction lug-type.

Hydraulics:

Manufacturer’s standard. Tank must be labeled with quantity and type, reservoir with sight gauge or dipstick (anti-vandalism protection) and a Locking lid or cap. Spin-on hydraulic filter. Hydraulic oil cooler. All hydraulic cylinders shall be chrome plated. Or prior approved equal.

Instrumentation:

Electronic monitoring system for engine, electrical, power train and hydraulics. Provide the following gauges/meters: engine temperature, fuel, converter, hour meter and tachometer. High coolant temperature, low oil pressure, parking brake engagement, shuttle engagement/seat position, backup alarm, shall have audible and visual alarm warning.

Cab:

Fully enclosed Roll-over protective structures Falling Object Protective Structure ROPS/FOPS pressurized deluxe cab with tinted glass. Not to exceed seventy- seven (77) decibels (db) sound level.

Right/left cab entry. Tilt wheel. Complete rubber floor mat. Factory installed air conditioner. Heater/defroster. Interior rear view mirror. Front/rear windshield wipers with front/rear windshield washers. Sun visor. Tilt steering wheel. Deluxe cloth suspension seat with safety belt. Storage compartments. Cup holders and interior cab light. Coat hook. Horn, dual switched front and rear.

Fenders:

Manufacturer’s standard rear fenders.

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Operating Weight:

Fifteen thousand (15,000) pounds as specified.

Front End Loader Controls:

Single-lever control to raise, neutral, lower, float, curl, dump, return-to-dig, bucket position indicator and clutch disconnect button on loader control.

Loader Bucket:

Heavy-duty general-purpose bucket, bolt-on cutting edge.

Loader Arms:

Heavy-duty manufacturer's standard with safety prop.

Backhoe Controls:

Two (2) lever joystick controls with electric/hydraulic pilot operated control system (no cables or rods). In-cab selectable excavator to backhoe control pattern change (no tools required).

Backhoe Bucket:

Twenty-four (24) inch severe-duty. Complete with rock teeth.

Extendible Dipper Stick:

Manufacturer’s standard electric/hydraulic push button controlled (proportional valve) extendible dipper stick (no cables or rods).

Boom:

Manufacturer’s standard heavy-duty boom. One hundred eighty (180) degrees swing arc. Transport lock.

Stabilizers:

Anti-drift, reversible pads for dirt and street.

Toolbox:

Manufacturer’s standard lockable toolbox.

Paint:

Prime and paint at factory with factory standard color.

Backup Alarm:

Single sound level backup alarm with a minimum sound level of one hundred twelve (112) decibels “Preco” type or prior approved equal.

Slow Moving Vehicle Emblem (SMV):

Provide a slow-moving vehicle (SMV) emblem at rear.

Led Light Bar:

LED type amber front red rear, mini-LED light bar or approved equal, mounted on top of cab with rubber mounted metal bracket. Wired and fused separately to a heavy-duty switch.

Grab Handles /Steps:

Easy access grab handles and steps for entering and exiting cab.

Tie Down Points:

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Minimum of four (4) designated Tie-down points with visual labeling, designed to accommodate chains with five-eighths (5/8) inch hooks.

***End of Specifications***

Items’ Submission Instructions:

Submission process only - Contact the help line directly at: (505) 795-1894, (505) 670-1561, (505) 469-1092, (505) 469-2248 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:

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.

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.

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Items

Item Option Approx.

Qty. UOM Article and Description

Unit Price

1 Each Loader, Backhoe Make Offered:

Model Offered:

Base Price Per Unit:

Bid as Options:

A) 1 Each Additional technical manual (DVD, PDF or Flash Drive if available) Add

B) 1 Each Additional parts book (DVD, PDF or

Flash Drive if available)

C) 1 Each Radio Ready Kit with Radio, Antennae and Speakers Add $________

D) 1 Each Three Year, Three Thousand Hour

Service Plan, Manufacturer Standard

E) 1 Each Five Year, Five Thousand Hour Service

Plan, Manufacturer Service Plan

F) 1 Each Multi-Purple Loader Buck Add $________

G) 1 Each "CTT" Type Loader Bucket Quick

Attach Forks

H) 1 Each Additional Valves and Can Control for

Boom Mounted Hydraulic Breaker

I) 1 Each Boom Mounted Hydraulic Hammer/Breaker w/ addt'l Valves and Cab Controls

J) 1 Each Boom Mounted Thumb w/addt'l Valves and Cab Controls

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K) 1 Each Quick Connect Couple and Bucket in lieu of Standard Pin Type

L) 1 Each Cab Controls for Front Loader

Hydraulics

M) 1 Each Additional Eight (8) inch Backhoe

Bucket

N) 1 Each Additional Twelve (12) inch Backhoe

Bucket

O) 1 Each Front Spare Wheel Add $________

P) 1 Each Front Spare Tire (Mounted) Add $________

Q) 1 Each Rear Spare Wheel Add $________

R) 1 Each Rear Spare Tire (Mounted) Add $________

S) 1 Each Solid Tires Front and Back Add $________

T) 1 Each Snow Plow Add $________

U) 1 Each Snow Pusher Add $________

V) 1 Each Snow Pusher with Wings Add $________

W) 1 Each Backup Camera Add $________

X) 1 Each Automatic Lubrication System Add $________

Y) 1 Each Standard Dipper Stick in leue of

Extendable Dipper Stick Deduct $________

Z) 1 Each Standard Backhoe Controls in lieu of

Pilot Controls

AA) 1 Each Two Wheel Drive in lieu of Four Wheel

Drive

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AB) Each Backhoe Loader Tire: Other Not

Specified Add/Deduct

AC) Each 'Backhoe Loader; Other Option Not

AD) Each 'Backhoe Loader; Other Option Not

AE) Each 'Backhoe Loader; Other Option Not

AF) Each 'Backhoe Loader; Other Option Not

AG) % Percentage Discount for Backhoe Loader

Attachment or Options Not Specified

*** 1 Item 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 submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM 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 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 BID CAN BE ACCEPTED.