70-63000-26-51056_70-63000-26-51056 The Emergency Food Assistance Program (TEFAP) and Fresh Produce Initiative and State Funds for Cibola and Mckinley County.pdf.PDF

GSD/SPD Version 1.8 2024-04

STATE PURCHASING DIVISION

OF THE

GENERAL SERVICES DEPARTMENT

AND

NEW MEXICO HEALTH CARE AUTHORITY

REQUEST FOR PROPOSALS (RFP)

The Emergency Food Assistance Program (TEFAP) and Fresh Produce Initiative, and State Funds for Cibola and Mckinley

County

RFP#

70-63000-26-51056

August 20, 2026

ELECTRONIC-ONLY PROPOSAL SUBMISSION

ii

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. BACKGROUND INFORMATION

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. PROPOSAL SUBMISSION

F. DEFINITION OF TERMINOLOGY

G. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Acknowledgement of Receipt Form

3. Pre-Proposal Conference

4. Deadline to Submit Written Questions

5. Response to Written Questions

6. Submission of Proposal

7. Proposal Evaluation

8. Selection of Finalists

9. Finalize Contractual Agreements

10. Contract Awards

11. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors/Consent

5. Amended Proposals

6. Offeror’s Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right to Waive Minor Irregularities

20. Change in Contractor Representatives

21. Notice of Penalties

22. Agency Rights

23. Right to Publish

24. Ownership of Proposals

25. Confidentiality

26. Electronic mail address required iii

27. Use of Electronic Versions of this RFP

28. New Mexico Employees Health Coverage

29. Campaign Contribution Disclosure Form

30. Letter of Transmittal

31. Disclosure Regarding Responsibility

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. ELECTRONIC SUBMISSION

C. PROPOSAL CONTENT AND ORGANIZATION

IV. SPECIFICATIONS

A. DETAILED SCOPE OF WORK

B. TECHNICAL SPECIFICATIONS

1. Organizational Experience

2. Organizational References

3. Offeror Staff Experience

4. Project Plan

C. BUSINESS SPECIFICATIONS

1. Financial Stability of Offeror

2. Letter of Transmittal Form

3. Campaign Contribution Disclosure Form

4. Cost

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS

1. B.1 Organizational Experience (See Table 1)

2. B.2 Organizational References (See Table 1)

3. B.3 Offeror Staff Experience (See Table 1)

4. B.4 Project Plan (See Table 1)

5. C.1 Financial Stability (See Table 1)

6. C.2 Letter of Transmittal (See Table 1)

7. C.3 Campaign Contribution Disclosure Form (See Table 1)

8. C.4 Cost (See Table 1)

C. EVALUATION PROCESS

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX C

DRAFT CONTRACT

APPENDIX D

COST RESPONSE FORM

APPENDIX E

LETTER OF TRANSMITTAL FORM

APPENDIX F

iv

ORGANIZATIONAL REFERENCE QUESTIONNAIRE

APPENDIX G

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

New Mexico Health Care Authority (HCA) is requesting proposals from Regional Emergency Feeding Organizations (REFOs) to provide regional administration to receive, store and deliver United States Department of Agriculture (USDA) commodity foods to local emergency feeding organizations for distribution to eligible households and homeless shelters throughout the state of New Mexico, in compliance with all state and federal regulations and requirements per 7 CFR 247, 250, and 251.

State funds are made available to REFOs to purchase, package, and ship fresh produce and other food items to be distributed to low-income New Mexicans. The fresh produce and other food items assist with healthy options that are made available at food distribution sites in all 33 counties in New Mexico.

The electronic version of this document is available for download from SPD websites Active Procurements | NM GSD

B. BACKGROUND INFORMATION

New Mexico Health Care Authority (HCA) manages a budget of approximately $14 billion dollars of state and federal funds and administers services to more than 800,000 low-income New Mexicans through programs such as:

• Behavioral Health Services (mental illness, substance abuse and compulsive gambling)

• Child Support Establishment and Enforcement

• Community Services Block Grant (CSBG)

• General Assistance for low-income individuals with disabilities

• Low-income Home Energy Assistance Program (LIHEAP)

• Meals for people experiencing homelessness

• Medicaid services

• Refugee Resettlement Program (RRS)

• School Commodity USDA Foods Program

• Supplemental Nutrition Assistance Program (SNAP)

• Temporary Assistance for Needy Families (TANF)

• The Emergency Food Assistance Program (TEFAP)

• Commodity Supplement Food Program for Seniors (CSFP)

• State Health Benefits

• Health Care Affordability Fund

• Regulatory body to License Health Care Facilities

The programs are administered through these Program Divisions:

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

1. Medical Assistance Division (MAD)

2. Income Support Division (ISD)

3. Child Support Services Division (CSSD)

4. Behavioral Health Services Division (BHSD)

5. Developmental Disabilities Supports Division (DDSD)

6. Health Care Coverage Innovations

7. Division of Health Improvement (DHI)

8. State Health Benefits

HCA Mission

We ensure that New Mexicans attain their highest level of health by providing whole-person, cost effective, accessible, and high-quality health care and safety-net programs.

HCA Vision

Every New Mexican has access to affordable health care coverage through a coordinated and seamless health care system.

HCA Goals

1. Leverage purchasing power and partnerships to create innovative policies and models of comprehensive health care coverage that improve the health and well-being of New Mexicans and the workforce.

2. Achieve health equity by addressing poverty, discrimination, and lack of resources, building a New Mexico where everyone thrives.

3. Implement innovative technology and data-driven decision-making to provide unparalleled, convenient access to services and information.

4. Build the best team in state government by supporting employees’ continuous growth and wellness.

This RFP supports HCA’s mission, vision, and goals by strengthening efforts to improve the nutritional well-being of low-income households.

C. SCOPE OF PROCUREMENT

HCA seeks to provide funds to Regional Emergency Feeding Organization (REFO) agencies to administer The Emergency Food Assistance Program (TEFAP) to eligible entities based on the TEFAP Formula and in the most efficient and cost-effective manner in Cibola and McKinley County. Allowable expenditures are for distribution costs associated with the distribution of USDA Foods for TEFAP. Allowable costs can be salaries, benefits, contracts, capital, non-capital equipment and supplies, fuel, utilities and maintenance costs. TEFAP funds for the program are 100% federal funds. State funds will also be made available to REFO agencies to purchase, package, ship and reclaim fresh produce and other food items to be distributed to low-income New Mexicans in Cibola and McKinley County. Though additional food items assist with healthy options that are made available at food distribution sites in all 33 counties of New Mexico this procurement will only be awarded in Cibola and McKinley.

This RFP may result in multiple awards. Awards will only be made for Cibola and McKinley County.

The term of the resulting Contract(s) shall be for one (1) year from date of award with the option to extend for a period of five (5) 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 terms and conditions.

This Contract shall not exceed six (6) years.

D. PROCUREMENT MANAGER

New Mexico Health Care Authority 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 Noelle Sanchez, Procurement Manager Address: Food and Nutrition Services Bureau Income Support Division New Mexico Health Care Authority 1425 William St. SE Albuquerque, NM 87102 Telephone: (505) 841-2602 Email: Noellea.Sanchez@hca.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 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:

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

“Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract.

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

“Bill of Lading” is a document issued by a carrier to a shipper, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified.

“Bonus foods” are USDA TEFAP foods, which are purchased under surplus removal or price support authority, and provided to distributing agencies in addition to legislatively authorized levels of assistance.

“Business Hours” means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

“CSFP” The Commodity Supplemental Food Program for Seniors

“Client Choice” refers to the practice of allowing food pantry clients a choice in determining the content of the food package received at the food pantry. The method of allowing client choice may vary based on product availability and/or limited physical space at the pantry.

“Close of Business” means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time.

“Code of Federal Regulations” (CFR) are the regulations governing all federal programs, Regulations for TEFAP are located at 7 CFR 250 and 7 CFR 251, as applicable. Regulations for CSFP are located at 7 CFR 247 and 7 CFR 251, as applicable.

“Commodities” are the foods donated by USDA for distribution through TEFAP and CSFP. It is also called USDA Foods.

“Confidential” means confidential financial information concerning offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

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

“Contract Manager” means the individual selected by the Agency to monitor and manage all aspects of the contract resulting from this RFP.

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

“Deliverable” means any measurable, tangible, verifiable outcome, result, or item that must be produced to complete a project or part of a project.

“Delivery” means the disbursement of commodities from USDA to an Eligible Recipient Agency (ERA) or from a Regional Emergency Food Organization (REFO) to a Local Emergency Food Organization (LEFO).

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" to identify a desirable or discretionary item or factor.

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

“DFA” means the Department of Finance and Administration for the State of New Mexico.

“Distribution” means the actual transfer of commodities from a Regional Emergency Food Organization (REFO) to a Local Emergency Food Organization (LEFO). It includes transfer of commodities from a REFO or LEFO to an eligible New Mexico household for personal use.

“Distributing Agency” The New Mexico Health Care Authority may also be referred to as the State Distributing Agency (SDA) or State Agency (SA) and agrees to comply with all Federal and State laws and regulations now in effect or hereafter enacted relating to the receipt, use, storage, handling and distribution of such USDA foods,.

“Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. Per State of New Mexico, General Services Department notification to Chief Procurement Officers dated March 26, 2020, all new Requests for Proposals (RFPs) and Invitations to Bid (ITBs) must be submitted electronically. All responses must be submitted electronically.

“Eligible Recipient Agency” (ERA) is a public or private entity with tax exempt status, non-penal, that provides food assistance exclusively to needy persons for household consumption and/or predominantly to needy persons in the form of prepared meals and has entered into an agreement with the State Agency or another ERA for the receipt of commodities and/or administrative funds.

“Emergency Feeding Organization (LOCAL)” – LEFO is a not-for-profit food bank, pantry or shelter that contracts with a Regional Emergency Feeding Organization (REFO) to distribute TEFAP commodities in an assigned service area.

“Emergency Feeding Organization (REGIONAL)” – REFO is a not-for-profit food bank or not-for profit food distribution agency that has an agreement with the FANS Bureau to administer TEFAP or CSFP in an assigned service region no smaller than an established geographical county and may receive commodities directly from USDA.

“Employer” means any for-profit or not-for-profit business, regardless of location, that employs one or more persons that qualify as a “New Mexico Employee”. (See below.) Such definition does not include governmental entities.

“Entitlement” means the value of USDA foods a distributing agency is authorized to receive in a specific program, in accordance with program legislation. New Mexico TEFAP received $2,735,469 in entitlement in FFY25.

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

“Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.

“Farm Service Agency” – FSA The Farm Service Agency implements agricultural policy, administers credit and loan programs, and manages conservation, commodity, disaster and farm marketing programs through a national network of offices.

“Federal Fiscal Year” (FFY) The twelve-month period, from October 1 through September 30, used by the federal government for accounting and reporting purposes.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Fiscal Year” (FY) The twelve-month period, from July 1 through June 30, used by the State of New Mexico for accounting and reporting purposes.

“Food and Nutrition Service” (FNS) is the agency of USDA responsible for the nationwide administration of several federal nutrition programs including TEFAP and CSFP.

“Food and Nutrition Services Bureau” (FANS) The Bureau within New Mexico’s Health Care Authority, Income Support Division responsible for administering TEFAP and CSFP through a permanent agreement with USDA. May also be referred to as the State Distributing Agency (SDA) or State Agency (SA).

“Food Bank” is a nonprofit, charitable organization qualified under provision of Section 501(c) 3 of the Internal Revenue Code of 1986. The organization maintains an established operation involving the provision of food and grocery products to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers. As an integral part of their normal activities, they provide meals or food to feed needy people on a regular basis.

“Food Pantry” is a public or private nonprofit organization that is part of the food bank network that distributes food and grocery products to low-income households, including food from sources other than USDA, to relieve situations of emergency and distress. A Food Pantry is housed in a standing facility that distributes commodities, among other food and grocery products, on a regular basis.

“Formula” TEFAP: means the formula used by the Department to allocate among States the commodities and funding available under this part. The amount of such commodities and funds to be provided to each State will be based on each State’s population of low-income and unemployed people, as compared to national statistics. Each State’s share of commodities and funds shall be based 60 percent on the number of persons in households within the State having incomes below the poverty level and 40 percent on the number of unemployed people within the State. The surplus commodities will be allocated to States based on their weight (pounds), and the commodities purchased under section 214 of the Emergency Food Assistance Act of 1983 will be allocated based on their value (dollars). In instances in which a State determines that it will not accept the full amount of its allocation of commodities purchased under section 214 of the Emergency Food Assistance Act of 1983, the Department will reallocate the commodities to other States based on the same formula used for the initial allocation. CSFP: USDA provides Caseload and Funding to states. HCA distributes the allotted New Mexico caseload in all 33 counties based on poverty levels for each county.

“HCA” Health Care Authority

“Homeless Shelter” is a facility where the primary purpose is to provide temporary or transitional shelter for homeless individuals and families in general or for specific group populations (i.e.

battered women, run-away youth) of homeless individuals and families.

“Household” is composed of an individual or a group of individuals who purchase and prepare meals together for home consumption. The individuals may be related or non-related individuals living as one economic unit. It can also mean a single individual living alone.

“Income Support Division” (ISD) is a division of the New Mexico Health Care Authority that also oversees Child Support, Medical Assistance and Behavioral Health.

“IT” means Information Technology.

“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.

“Network” means member agencies of a regional emergency food organization that are responsible for the provision of emergency and supplemental food services.

“Multiple Source Award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror.

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

“Poverty Guidelines” are guidelines established by the United States Department of Health and Human Services (DHHS) as an indicator of poverty based on income and utilized in establishing income-based eligibility standards for program participants. The guidelines are updated annually.

“Procurement Manager” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto.

“Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements.

“Recipient TEFAP” is a person or persons living together in one household who have been determined eligible to receive commodities for consumption or for household use.

“Recipient CSFP” is an eligible low-income individual age 60 years old or older.

“Redacted” means a version/copy of the proposal with the information considered confidential as defined by NMAC 1.4.1.45 and defined herein and outlined in Section II.C.8 of this RFP blacked out BUT NOT omitted or removed.

“Regional Service Area” is a specified region of the state identified as no smaller than a recognized state county. It may be larger than one county. The Food and Nutrition Services Bureau (FANS) approve the service area of a Regional Emergency Food Organization (REFO).

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

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

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

“Solicitations” means ITBs and RFPs.

“Soup Kitchen” is a facility that is a clean, secure environment offering prepared meals free of charge to predominately needy people. A Soup Kitchen serves nutritious meals in a congregate setting or may provide take-home meals at no charge, for homeless people, transient people and others in need.

“Southwest Regional Office (SWRO)” is the USDA/FNS Southwest (SW) Region, headquartered in Dallas, Texas, responsible for USDA programs in New Mexico, Arizona, Arkansas, Louisiana, Oklahoma, Texas and Utah.

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

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

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

“State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the purchasing division of the general services department and the state purchasing agent but does not include local public bodies.

“State Purchasing Agent” means the director of the purchasing division of the general services department.

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

“Storage” means the holding of commodities for a period longer than twelve hours.

“Sub-Distributing Agency” is an ERA or REFO that has entered into an agreement with HCA/ FANS to accept, store and distribute USDA foods donated by the USDA in accordance with Federal laws and regulations pertaining thereto. The ERA or REFO agrees to comply with all Federal and State laws and regulations now in effect or hereafter enacted relating to the receipt, use, storage, handling and distribution of such USDA foods, and as it otherwise relates to TEFAP and/or CSFP.

“TEFAP” The Emergency Food Assistance Program

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

“USDA” means the United States Department of Agriculture.

“Web Based Supply Chain Management (WBSCM)” An on-line ordering system developed and maintained by USDA for the placement, tracking and delivery of commodity orders for the nutrition assistance programs.

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/

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 These are sample time frames only.

Adjust to suit Agency need. Use only dates; do not insert days of the week)

1. Issue RFP SPD 08/20/2026

2. Acknowledgement of

Receipt Form Potential Offerors 08/31/2026

3. Pre-Proposal Conference Agency 08/31/2026

4. Deadline to submit Written Questions

Potential Offerors 09/01/2026

5. Response to Written Questions

Procurement Manager 09/10/2026

6. Submission of Proposal Potential Offerors 09/17/2026 7.* Proposal Evaluation Evaluation Committee 09/18/2026 - 09/28/2026 8.* Selection of Finalists Evaluation Committee 09/28/2026 9.* Finalize Contractual

Agreements Agency/Finalist Offerors

09/29/2026

10.* Contract Awards Agency/ Finalist Offerors

10/05/2026

11.* 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.

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 New Mexico Health Care Authority on the date indicated in Section II.A, Sequence of Events.

2. Acknowledgement of Receipt Form Potential Offerors may e-mail the Acknowledgement of Receipt Form (APPENDIX A), to the Procurement Manager by 08/31/2026, to have their organization placed on the procurement Distribution List. The form must be returned to the Procurement Manager by 3:00 PM MST/ MDT on the date indicated in Section II.A, Sequence of Events The procurement distribution list will be used for the distribution of written responses to questions, and/or any amendments to the RFP. Failure to return the Acknowledgement of Receipt Form does not prohibit potential Offerors from submitting a response to this RFP.

However, by not returning the Acknowledgement of Receipt Form, the potential Offeror’s representative shall not be included on the distribution list and will be solely responsible for obtaining from the Procurement Library (Section I.G.) responses to written questions and any amendments to the RFP.

3. Pre-Proposal Conference A pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, beginning at 9:00 AM MST/MDT via TEAMS

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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 https://teams.microsoft.com/meet/230732524998191?p=Z9fVkWGE4zeArxHNQO https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2FJoinTeamsMeeting%3Fomkt%3Den-US&data=05%7C02%7Cadelel.bluesky%40hca.nm.gov%7Cd68f5e86a12940eacb8308dee6975f8c%7C04aa6bf4d436426fbfa404b7a70e60ff%7C0%7C0%7C639201734984235670%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ybRnEaSgY68rFSwgvXI%2BN1wur7KjlZWROOJcpZztJ98%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_MDJjZWMzMzAtMDc2Ny00ZjRlLWIwNWMtNDlmY2Y5MjJmNTY1%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252204aa6bf4-d436-426f-bfa4-04b7a70e60ff%2522%252c%2522Oid%2522%253a%25227969b690-db2f-434f-a26c-0e22667ebe96%2522%257d&data=05%7C02%7Cadelel.bluesky%40hca.nm.gov%7Cd68f5e86a12940eacb8308dee6975f8c%7C04aa6bf4d436426fbfa404b7a70e60ff%7C0%7C0%7C639201734984258284%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=CYAoIXN4qNrBUEl5VYW6N6sSsZvlz2TthFsKfZ5dc1U%3D&reserved=0 tel:+15053124308,,109854392 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.cloud.microsoft%2F98f048cd-2ec3-451d-8c98-61cc344bd4c7%3Fid%3D109854392&data=05%7C02%7Cadelel.bluesky%40hca.nm.gov%7Cd68f5e86a12940eacb8308dee6975f8c%7C04aa6bf4d436426fbfa404b7a70e60ff%7C0%7C0%7C639201734984279321%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=KBFAi%2FhscYIvmqQwx3StLhFjkAwQ2h%2Bjo5AE3tRGiwo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fteams.microsoft.com%2FmeetingOptions%2F%3ForganizerId%3D7969b690-db2f-434f-a26c-0e22667ebe96%26tenantId%3D04aa6bf4-d436-426f-bfa4-04b7a70e60ff%26threadId%3D19_meeting_MDJjZWMzMzAtMDc2Ny00ZjRlLWIwNWMtNDlmY2Y5MjJmNTY1%40thread.v2%26messageId%3D0%26language%3Den-US&data=05%7C02%7Cadelel.bluesky%40hca.nm.gov%7Cd68f5e86a12940eacb8308dee6975f8c%7C04aa6bf4d436426fbfa404b7a70e60ff%7C0%7C0%7C639201734984300498%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=L%2B%2B0DBiVS1YKwnznRUT6bNjff8UFrUMeqMCqK4bISAc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.cloud.microsoft%2Fusp%2Fpstnconferencing&data=05%7C02%7Cadelel.bluesky%40hca.nm.gov%7Cd68f5e86a12940eacb8308dee6975f8c%7C04aa6bf4d436426fbfa404b7a70e60ff%7C0%7C0%7C639201734984321246%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=vdVGpEiTdFZerDB532UlqGikg1nb0J1RzlRC8vj1zAs%3D&reserved=0

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.

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 3:00PM 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/

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

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 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 https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE PROPOSAL CAN BE

ACCEPTED.

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

A log will be kept of the names of all Offeror organizations that submitted proposals.

Pursuant to §13-1-116 NMSA 1978, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals.

Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.

7. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in Section II.A, Sequence of Events, depending upon the number of proposals received. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Selection of Finalists The Evaluation Committee will select, and the Procurement Manager will notify the finalist Offerors as per schedule Section II.A, Sequence of Events or as soon as possible thereafter. Oral Presentations

9. Finalize Contractual Agreements After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per Section II.A., Sequence of Events, or as soon as possible thereafter. The most advantageous 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.

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

11. Protest Deadline Any protest by an Offeror must be 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 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:

State Purchasing Agent State Purchasing Division

Joseph Montoya Building, Room 2016 1100 St. Francis Drive

Santa Fe, New Mexico 87505

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

C. GENERAL REQUIREMENTS

For RFPs issued through SPD, any changes to the non-highlighted areas of this section must be approved by SPD. Use the “Track Changes” function in Word to make desired modifications clear.

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

APPENDIX E.

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

3. 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 fifty (150) days after the due date for receipt of proposals.

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

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

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as 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 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 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 request 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 misdemeanors 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 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 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…