Air_Quality_Permitting_and_Compliance_Reporting_Services_and_Engineering,_Operation_and_Maintenance_Services_for_the_Landfill_Gas_Collection_System.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/santafenm

The City of Santa Fe on behalf of the

Santa Fe Solid Waste Management Agency

REQUEST FOR PROPOSAL (RFP)

Air Quality Permitting and Compliance Reporting Services and Engineering, Operation and Maintenance Services for the Landfill Gas Collection System

RFP#: FY26-RFP-027

RFP Due Date and Time: Tuesday, October 28, 2025 by 3:00 pm

Table Of Contents

1. INTRODUCTION

2. CONDITIONS GOVERNING THE PROCUREMENT

3. RESPONSE FORMAT

4. SCOPE OF WORK

5. EVALUATION

6. EVALUATION FACTORS

7. VENDOR QUESTIONNAIRE

8. ATTACHMENTS

1. INTRODUCTION

1.1. PURPOSE OF THIS RFP

The purpose of the RFP is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of Air Quality Permitting and Compliance Reporting Services and Engineering and Operation and Maintenance Services for the Landfill Gas Collection System

1.2. BACKGROUND INFORMATION

The Santa Fe Solid Waste Management Agency (Agency) is requesting proposals from experienced engineering firms to provide engineering and operation and maintenance services for landfill gas collection system at the

Caja del Rio Landfill (Landfill) and air quality permitting and compliance services for both the Landfill and

Buckman Road Recycling and Transfer Station (BuRRT).

The Agency is a public entity that is jointly owned by the City of Santa Fe and Santa Fe County under the terms of the New Mexico Joint Powers Agreements Act. The Agreement delegated the Agency the power to plan for, operate, construct, maintain, repair, replace or expand the Landfill located at 149 Wildlife Way, Santa Fe, NM

87506.

The Landfill opened in May 1997. The total acreage of the Agency property is approximately 646 acres, however, only 495 acres of the property is designated for Landfill activities. The Landfill contains a leachate evaporation pond, effluent storage pond, compost area, disposal cells, administration offices, scales, and a maintenance shop. Of 495 acres, approximately 141 acres are permitted through the New Mexico Environment

Department for disposal of solid waste.

Since April 2010, the Landfill has an active landfill gas collection and control system that operates on a scheduled, intermittent basis. The system consists of vertical landfill gas extraction (LFG) wells (there are currently 28 wells), below-grade landfill gas header and lateral piping, a condensate management system, and an enclosed John Zink flare. The blower-flare station is rated for the destruction of landfill gas up to 900 standard cubic feet per minute (scfm). A FleetZoom remote monitoring device was installed in early 2021.

The Landfill is subject to New Source Performance Standard (NSPS) collection and control requirements under

40 CFR 60, Subpart XXX and National Emissions Standards for Hazardous Air Pollutants (NESHAP) under 40

CFR 63, Subpart AAAA. As such, the gas system must operate under specific NSPS/NESHAP requirements.

The LFG wells must be monitored and adjusted to meet the compliance requirements of NSPS, as well as work practice standard and other related requirements as set forth in 40 CFR 63, Subpart AAAA as published March

20, 2020.

The Landfill is a Title V facility under permit number P185L-R4, issued under 20.2.70 NMAC on April 14, 2023. The permit is valid for 5 years. The renewal application will be due April 14, 2027.

BuRRT is not subject to NSPS or NESHAP requirements, but does have a Notice of Intent (NOI) authorization for a brush grinder. Due to this authorization, annual emissions inventories will be required for BuRRT.

1.3. SCOPE OF PROCUREMENT

The Agency is seeking proposals from qualified firms and service providers to provide comprehensive, turnkey services for the management of landfill gas (LFG) generated at the Caja del Rio Landfill (the "Landfill") located at 149 Wildlife Way, Santa Fe, NM 87506. The scope of procurement includes all aspects of engineering, permitting, reporting, and operation and maintenance (O&M) for the LFG collection and control system

(GCCS).

The objective of this RFP is to:

• Ensure full compliance with all applicable local, state, and federal regulations regarding LFG collection and emissions, including but not limited to the New Source Performance Standards (40 CFR Part 60).

• Optimize the efficiency and safety of the existing GCCS and manage any necessary expansions.

• Effectively manage LFG and potentially explore opportunities for beneficial use or revenue generation.

• Secure comprehensive and reliable long-term services for the Landfill.

Offerors must provide a full-service, integrated solution that includes, but is not limited to, all the services outlined in the scope of work. The scope of work may be adjusted based on the specific needs of the Landfill during the contract term.

The resulting contract will be a Single Award - This procurement will result in a contractual agreement between two parties; the procurement may ONLY be used by those two parties exclusively.

1.4. PROCUREMENT MANAGER

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

Name Danita Boettner, Procurement Manager/Landfill

Manager

Telephone Number (505) 424-1850 Ext: 110

Email dsboettner@santafenm.gov

1. Any inquiries or requests regarding this procurement should be submitted via the OpenGov

Procurement Portal at https://procurement.opengov.com/portal/santafenm/projects/203138.

1.5. DEFINITION OF TERMINOLOGY

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

https://procurement.opengov.com/portal/santafenm/projects/203138

A. "Addendum" means a written or electronic document issued to modify, clarify, or supplement the information in the original RFP prior to the proposal due date. This may also be called Amendment or

RFP Amendment.

B. “Amended Proposal” means a revised and complete version of a proposal submitted by an Offeror prior to the proposal due date, clearly labeled as superseding the original submission.

C. “Agency” means the Santa Fe Solid Waste Management Agency.

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

E. “Award” means the point at which the contract document has been fully executed. See also “Contract” and “Final Award.

F. “Best and Final Offer” or “BAFO” means a final revised proposal submitted by an Offeror, upon request by the City, to provide updated pricing or other proposal elements.

G. “Blind Evaluation” means an anonymized evaluation process in which identifying information is removed from proposals to ensure objective scoring by the Evaluation Committee.

H. “BuRRT” means the Buckman Road Recycling and Transfer Station.

I. “Business Hours” means the normal business hours of the Requesting department; 8:00 AM through 5:00

PM Mountain Standard or Daylight Time, whichever is in effect on the date given.

J. “Central Purchasing Division” or “CPD” means the City office responsible for overseeing and managing the procurement of tangible personal property, services, and construction, including ensuring compliance with applicable procurement laws, policies, and procedures.

K. “Chief Procurement Officer” or “CPO” means that person within the CPD who is responsible for the control of procurement of items of tangible personal property, services, or construction.

L. “City” means the City of Santa Fe, New Mexico which in the procurement context may act through the

Finance Director.

M. “Close of Business” means the normal close of business of the Requesting Department; 5:00

PM Mountain Time.

N. “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, Sections 57-3-

A-1 through 57-3A-7. The following items may not be labelled as confidential: Offeror’s submitted Cost response, Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

O. “Contract/Agreement” means any agreement or Price Agreement for the procurement of items of tangible personal property, services, or construction.

P. “Contractor” means any business having a contract with the Agency.

Q. “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.

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

S. “Electronic Submission” means a successful submittal of Offeror’s proposal consisting of text, images or both readable on computers or other electronic devices.

T. “Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

U. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the

Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

V. “Final Award” means the point at which the contract(s) resulting from this RFP have been fully executed through the final required signature, thereby making the contract(s) legally binding. See also “Contract.”

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

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

Y. “Joint Powers Board (JPB)” means the governing body of the Santa Fe Solid Waste Management

Agency that operates the Caja del Rio Landfill and the Buckman Road Recycling and Transfer Station

(BuRRT).

Z. “Key Personnel Lead” means the primary individual identified by the Offeror to lead project execution, participate in the interview, and act as the main point of contact throughout the contract term.

AA. “Landfill” means the Caja del Rio Landfill.

BB. “Living Wage” means the minimum hourly wage necessary for a person to achieve a higher standard of living.

CC. “Mandatory” the terms “must,” “shall,” “will,” “is required,” or “are required,” identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the

Offeror’s proposal.

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

EE. “Multi-Term Contract” means a contract having a term longer than one year (NMSA 1978, Section 13-

1-68).

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

GG. “OpenGov” means the City of Santa Fe’s, and therefore the Agency's, official electronic procurement platform used to post solicitations, receive vendor proposals, facilitate communication with

Offerors, and manage procurement activities in a transparent, streamlined, and auditable manner.

HH. “Price Agreement” means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to the

Agency, City of Santa Fe, a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

II. “Procurement Manager” or “PM” means any person authorized by both the CPD and Agency to facilitate the procurement process and/or administer the resulting contract(s). The Procurement Manager is responsible for managing all aspects of the procurement, including planning and coordinating all related events; ensuring that all required information is provided to potential offerors, the Evaluation Committee, and CPD; and preparing and processing the Evaluation Committee Report. The Procurement Manager ensures compliance with all applicable requirements and serves as the primary point of contact throughout the procurement lifecycle. The Procurement Manager is the sole point of contact for all communication related to the procurement. Potential offerors, Agency staff, and CPD must direct all questions or information through the PM. Agency staff must rely on the PM to serve as the liaison between the Agency and CPD to maintain consistency, transparency, and compliance. When questions, challenges, or issues arise during the procurement process, the Procurement Manager should consult with CPD for guidance.

CPD is available to support and facilitate the RFP process and to assist the Procurement Manager in ensuring a smooth, fair, and compliant procurement.

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

KK. “Protest” means a formal, written objection to a solicitation or contract award, submitted in accordance with NMSA 1978, Section 13-1-172 and and the City of Santa Fe's Procurement Manual, to the Protest Manager identified in this RFP.

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

MM. “Responsible Offeror” means an Offeror who submits a responsive proposal and who, when required, provides information and documentation demonstrating that their financial resources, production or service facilities, personnel, reputation, and experience are sufficient to ensure satisfactory delivery of the services or tangible personal property described in the proposal.

NN. “Responsive Offer” means an Offeror whose proposal conforms in all material respects to the requirements set forth in the RFP. Material aspects of the RFP include, but are not limited to, price, quality, quantity, delivery requirements, and compliance with all mandatory specifications, terms, and conditions necessary for fair and complete evaluation.

OO. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents have been completely and successfully uploaded into the City’s designated procurement platform—such as OpenGov—prior to the submission deadline stated in this RFP.

PP. “Staff” refers to any individual employed by an Offeror, whether on a full-time, part-time, or independent contractor basis.

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

RR. "Subcontractor” means any person or business entity, other than an employee of the Contractor, that performs part of the work or provides goods or services under the contract resulting from this RFP.

SS. “Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible for charts, spreadsheets, etc.

1.6. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the

Procurement Library by viewing the attachment section of the solicitation. The library contains information listed below:

Electronic version of RFP, Questions & Answers, RFP Amendments, etc.

https://procurement.opengov.com/portal/santafenm/projects/203138

2. 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.

2.1. SEQUENCE OF EVENTS

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

Issue RFP: October 10, 2025

Pre-Proposal Meeting (Non-Mandatory): October 17, 2025, 10:00am https://teams.microsoft.com/meet/23912492

00327?p=kQ8kPbgNSUfv49shrE

Site Visit: October 20, 2025, 10:00am

149 Wildlife Way, Santa Fe NM 87506

Deadline for Written Questions: October 23, 2025, 5:00pm

Response to Written Questions: October 24, 2025, 5:00pm

Proposals Due Date: October 28, 2025, 3:00pm https://procurement.opengov.com/portal/santafenm/projects/203138 https://teams.microsoft.com/meet/2391249200327?p=kQ8kPbgNSUfv49shrE https://teams.microsoft.com/meet/2391249200327?p=kQ8kPbgNSUfv49shrE

Blind Evaluation*: October 30, 2025

Interviews*: November 5, 2025

Identification of Potential Best-Valued

Offeror(s)*:

November 5, 2025

Best and Final Offers*: November 11, 2025

Joint Powers Board Approval*: November 20, 2025

Contract Award*: November 20, 2025

*Dates indicated after "Proposals Due Date" are estimates only and may be subject to change without necessitating an amendment to the RFP.

2.2. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the Sequence of Events.

The Agency reserves the right to:

A. Change or extend the Proposals Due Date.

B. Revise the RFP document prior to the due date.

The Agency will process an addenda if it is determined that modifications, clarifications, or additions to the

RFP are necessary. The addenda will be announced via email to registered Potential Offerors that have selected the corresponding commodity code used for this event.

A. Issue RFP

This RFP is being issued by the City on behalf of the Agency on the date indicated in Sequence of

Events.

B. Pre-Proposal Meeting

A Pre-Proposal Meeting will be held as indicated in Sequence of Events, beginning at 10:00 am

MST/MDT via https://teams.microsoft.com/meet/2391249200327?p=kQ8kPbgNSUfv49shrE Potential

Offeror(s) are encouraged to submit written questions in advance of the conference to the CPD and the Procurement Manager via the OpenGov Procurement Portal. The identity of the organization submitting the questions will not be revealed. Additional written questions may be submitted at the Meeting. All questions answered during the Pre-Proposal Meeting will be considered unofficial until they are posed in writing. All written questions will be addressed in writing on the date listed in Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the Pre-Proposal Meeting.

Attendance at this meeting is highly recommended, but not a prerequisite for submission of a proposal.

C. Site VisitA non-mandatory Site Visit will be held as indicated in the Sequence of Events, at 149

Wildlife Way. The Site Visit is intended to provide potential Offerors with an opportunity to inspect the sites and obtain clarification regarding the requirements of the RFP.Attendance at the Site Visit is a highly encouraged prerequisite for submitting a proposal, although it is not mandatory.

During the Site Visit, potential Offerors will be given a walkthrough of the locations. Offerors are encouraged to ask questions during the Site Visit for clarity. However, any responses provided by the

Procurement Manager representatives during the Site Visit will be considered unofficial and non-binding.

Offerors must submit all questions in writing, and official responses will be provided in writing on the date listed in the Sequence of Events. A public log will be maintained by the Procurement Manager recording the names of potential Offeror(s) that attended the Site Visit.

A. Deadline for Written Questions

Potential Offerors may submit written questions to the Central Purchasing Division and the Procurement

Manager as to the intent or clarity of this RFP as indicated in Section "Sequence of Events". All written questions must be submitted via the OpenGov Procurement Portal. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

B. Responses to Written Questions

Responses to the written questions will be provided on OpenGov, on or before the date indicated in

"Sequence of Events".

C. Proposals Due Date

Only electronic proposal submission is allowed.

ALL PROPOSALS MUST BE SUBMITTED FOR REVIEW AND EVALUATION BY THE

AGENCY AND EVALUATION COMMITTEE VIA UPLOAD.

Pursuant to NMSA 1978, Section 13-1-116, the contents of proposals shall not be disclosed to competing Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this RFP. Awarded in this context means approved by the Joint

Powers Board.

D. Blind Evaluation

The Agency will establish an Evaluation Committee (EC) to evaluate proposals in accordance with the timeline outlined in the Sequence of Events or as soon as feasible. The EC will evaluate proposals based on the criteria specified in the Evaluation section of this RFP, using the metrics presented in each proposal and aligning them with the Agency's needs, as detailed in the Agency Sample columns of the

Scope/Level of Expertise Plan (SC/LE).

To ensure impartiality, the CPD and/or Procurement Manager will anonymize proposals by assigning each proposal a letter before forwarding them to the EC. Each Evaluation Factor will be scored on a scale of 1, 5, or 10. The scores will then be averaged and converted according to the assigned values for each Evaluation Factor.

E. Interviews

Offerors may be interviewed to evaluate expertise. A notification will be sent to Offerors with meeting details once the EC has conducted their initial review. The EC will interview the Key Personnel Lead. A second individual may be on standby to clarify Pricing Proposal if requested.

F. Identification of Potential Best-Valued Offeror(s)

All proposals will be reviewed for compliance with the requirements and specifications stated within this RFP. Proposals deemed non-responsive will be eliminated from further consideration. The CPD and/or the Procurement Manager in conjunction with the EC may contact the Offeror for clarification of the response. Responsive proposals will be evaluated on the factors in this RFP, which have been assigned a point value. The responsible Offeror(s) with the highest scores will be selected as finalist

Offerors, based upon the proposals submitted. In accordance with NMSA 1978, 13-1-117, the responsible Offerors whose proposals are most advantageous to the Agency taking into consideration the

Evaluation Factors in this RFP will be recommended for award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

G. Best and Final Offers

This RFP process will allow for Best and Final Offers (BAFO) from finalist Offerors. Specifically, Offerors should provide their strongest possible pricing in initial proposals, as we expect competitive submissions upfront. However, we reserve the right to re-open negotiation by requesting BAFO under the schedule outlined in the "Sequence of Events", or on an accelerated timeline from finalists. The purpose would be to elicit revised pricing or other updated proposal elements that facilitate selection of the optimal offer. Finalist Offerors may also amend or clarify their proposal during the Clarification phase.

H. Finalize Contracts

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 "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 Agency reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

I. Contract Awards

Upon finalization of the contracts, the Agency will award as per the Sequence of Events, or as soon as possible thereafter. The Award is subject to appropriate Joint Powers Board approval.

J. Protest Deadline

Any protest by an Offeror pertaining to the solicitation or award must be submitted within 15 days from the notice of solicitation or award and in conformance with NMSA 1978, Section 13-1-172 and applicable procurement regulations. As a Protest Manager has been named in this RFP, pursuant to

NMSA 1978, Section 13-1-172 and City's Procurement Manual Section Y, 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 RFP. 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 RFP number. The protest must include a detailed statement of the grounds for the protest, along with any relevant supporting documentation. It should also clearly state the specific ruling being requested from the party listed below. The protest must be delivered to:

Travis Dutton-Leyda, CPO

City of Santa Fe tkduttonleyda@santafenm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

2.3. General Requirements

A. Acceptance of Conditions Governing the Procurement

By submitting a proposal in response to this RFP, Offerors acknowledge and agree to all Conditions

Governing the Procurement, as outlined herein.

B. Incurring Cost

All costs incurred by an Offeror in the preparation, submission, transmittal, or presentation of a proposal—including any related materials—are the sole responsibility of the Offeror. Additionally, any costs associated with the setup, demonstration, or evaluation of proposed equipment, products, or systems shall be borne entirely by the Offeror.

C. Prime Contractor Responsibility

By receiving a contract resulting from this RFP, each awarded Contractor is solely responsible for fulfilling all contractual requirements with the Agency. The Agency will only work with and make payments to the Contractor(s) named in the executed agreement(s) and will not be responsible for any payments to subcontractors, third parties, or for any ancillary costs such as taxes, permits, or fees.

D. Subcontractors/Consent

The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contract whether subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the Agency before any subcontractor is used during the term of the resultant contract.

E. Amended Proposals

Offerors may submit amended proposals at any time prior to the Proposal Due Date. Each amended submission must serve as a complete replacement of the original proposal. Amendments may be submitted in response to changes issued by the Agency or to reflect revisions made independently by the

Offeror. To ensure clarity during evaluation, all amended proposals must be clearly labeled as such and must explicitly state that they supersede any previously submitted versions. The Agency will evaluate only the most recent, complete version submitted prior to the deadline. The Agency or the CPD personnel will not merge, collate, or otherwise combine materials from multiple submissions.

F. Proposal Withdrawal

Offerors may withdraw their proposals at any time prior to the Proposal Due Date. A written request to withdraw must be submitted via email, addressed to the CPD and the Procurement Manager, and signed by a duly authorized representative of the Offeror. Withdrawal requests received after the Proposal Due

Date will be subject to applicable procurement regulations and are not guaranteed to be accepted.

mailto:tkduttonleyda@santafenm.gov

G. Proposal Offer Firm

Responses to this RFP, including proposal prices for services, will be considered firm for one-hundred eighty (180) days after the due date for receipt of proposals or one-hundred eighty (180) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

H. 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:

1. Proprietary and Confidential information is restricted to:

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

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

2. If a request is received for disclosure of proprietary or confidential materials, the Agency and the

CPO 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.

I. No Obligation

This RFP in no manner obligates the Agency to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

J. Termination

This RFP may be canceled at any time 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 Agency.

K. Sufficient Appropriation

Any contract awarded because 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.

L. 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 CPD and the

Procurement Manager.

M. 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.

N. Basis for Proposal

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

O. Contract Terms and Conditions

The contract between the Agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Draft Contract. However, the Agency reserves the right to negotiate provisions in addition to those contained in this RFP Draft Contract 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 Draft

Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Draft Contract strongly enough to propose alternate terms and conditions despite 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.

P. Offeror’s Terms and Conditions

Offerors must include with their proposal a complete list of any additional/modified terms and conditions they wish to have considered for inclusion in the final contract. Offerors must clearly identify the specific section(s) of the Agency’s Draft Contract they propose to modify and provide the exact language they wish to substitute or add. Failure to submit proposed terms at the time of proposal submission may result in the Agency deeming those terms waived during contract negotiations.

Q. 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.

R. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a

Responsive Offer as defined in NMSA 1978, Sections 13-1-83 and 13-1-85.

S. Right to Waive Minor Irregularities

The Evaluation Committee, upon approval from the CPO, reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements, if 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 and CPO.

T. Change in Contractor Representatives

The Agency reserves the right to require a change in the contractor’s assigned representative if, in the

Agency's judgment, the individual is not adequately meeting the Agency's needs. If multiple representatives are assigned, the Agency may require changes to any or all of them as deemed necessary.

U. Notice of Penalties

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

V. 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.

W. 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.

X. Ownership of Proposals

All documents submitted in response to the RFP shall become property of both the City and the Agency.

If the RFP is cancelled, the electronic record shall be closed, and all proposals shall remain confidential.

Y. 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 Agency’s written permission.

Z. Electronic Mail Address Required

A large part of the communication regarding this procurement will be conducted by electronic mail

(email). Offeror must be registered and have a valid email address to receive correspondences.

AA. 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 CPD and the Agency, the Offeror acknowledges that the version maintained by the CPD and the Agency shall govern. Please refer to:

https://procurement.opengov.com/portal/santafenm/projects/203138

BB. Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, as a part of their proposal. This requirement applies regardless of whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor, City or County Officials or other identified official. Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

CC. Disclosure Regarding Responsibility

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

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

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

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

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

iii. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of

Federal criminal tax law, or receiving stolen property;

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

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

https://procurement.opengov.com/portal/santafenm/projects/203138

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

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

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

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

3. Following award, the Contractor shall promptly provide written notice to the individuals listed in the contract’s Notice section if, at any time during the term of the contract, the Contractor becomes aware that any part of its prior disclosure was inaccurate or has become inaccurate due to changed circumstances.

4. Disclosure of any relevant circumstances under this requirement will not automatically result in termination of the contract. However, such disclosures will be considered when evaluating the

Contractor’s responsibility and capacity to perform under the contract. Failure to provide a required disclosure, or to submit additional information upon request, may result in a determination that the

Offeror is nonresponsive

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

6. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state, or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the CPO or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the

Government, the CPO may terminate the involved contract for cause. Still further the CPO may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the CPO

DD. Compliance with the City of Santa Fe and Santa Fe County’s Minimum Wage Rate

Ordinances (Living Wage Ordinances)

The vendor must comply with the City of Santa Fe current living wage rate requirements posted on this page https://santafenm.gov/economic-development/business-resources/living-wage-information when working within the limits of the City. BuRRT is located within City of Santa Fe limits.

The vendor must comply with the Santa Fe County's current living wage rate requirements posted on this page https://www.santafecountynm.gov/livingwage when working within the unincorporated areas of the County. The Caja del Rio Landfill is located within the unincorporated area of the County.

EE. Procurement Under Existing Contracts

In accordance with NMSA 1978, Section 13-1-129, the bidder shall be made aware that other central purchasing offices may use the subsequent non-exclusive contract.

3. RESPONSE FORMAT

3.1. ELECTRONIC SUBMISSION ONLY

ELECTRONIC SUBMISSION ONLY

Offerors must submit proposals in response to this RFP through OpenGov. Only one electronic copy of each part of the proposal should be submitted, as outlined below.

Offerors' proposals should be submitted as separate uploads, as outlined in this section. Each upload should be clearly labeled on the front page as “Public Proposal” or “Confidential Proposal.” If an Offeror proposes additions or modifications to the Agency's draft contract, a third document titled “Contract Edits” may be submitted. These proposed changes should align with the guidelines in the General Requirements section and be summarized in the draft contract attachment reference.

ELECTRONIC proposal submissions must be fully uploaded via OpenGov before the submission deadline.

Files cannot be password-protected and should be submitted in PDF format, unless an Excel spreadsheet or another format is specifically requested. Offerors should allow ample time to upload large files to ensure a complete and on-time submission.

As soon as you see this notice, verify that you can log in to your OpenGov account and access the RFP. Do not wait until the last minute to check your login credentials or ensure you can interact with the system. If you encounter login issues, contact OpenGov at support@opengov.com.

Allow plenty of time to upload your proposal via OpenGov. If you experience issues, email OpenGov at support@opengov.com, at least two hours before the deadline. Issues reported within the final two hours may not be resolved in time. While the City will assist, timely resolution cannot be guaranteed if problems arise close to the deadline.

Submissions will be deemed late if not both:

1. Fully complete before the deadline.

2. Received via the submission link before the deadline.

Additionally, if submissions are not received on time due to being captured, blocked, filtered, quarantined, or otherwise prevented from reaching the OpenGov system by security or anti-virus software, it will still be considered late and will not be accepted.

https://santafenm.gov/economic-development/business-resources/living-wage-information https://www.santafecountynm.gov/livingwage mailto:support@opengov.com

If you are working on your submission close to the deadline and the clock strikes 3:00 pm, the system will not accept your submission and may even log you out. This is not a system error—it is the result of waiting too long to submit. Offerors are responsible for planning accordingly and ensuring timely submission.

REMEMBER TO CLICK THE SUBMIT BUTTON!

LATE PROPOSALS MAY NOT BE ACCEPTED

Any proposal that does not adhere to the requirements of the Response Format and Organization section may be deemed non-responsive and rejected on that basis.

3.2. PROPOSAL FORMAT

All proposals must be submitted as follows:

Offerors shall include the following forms/information completed accurately, in the format provided and according to any instructions contained within the form or information request. Failure to follow instructions may result in disqualification.

Form/Information Value

Campaign Contribution Disclosure Form Mandatory

Conflict of Interest Desirable

Non-Collusion Affidavit Desirable

List of Key Personnel Desirable

Scope/Level of Expertise Plan (SC/LE) Rated

Value Added Plan (VA) Rated

Reference List Desirable

Draft Contract Desirable

4. SCOPE OF WORK

4.1. Scope of Work for Air Quality Permitting and Compliance Reporting Services and

Engineering and Operation and Maintenance Services for the Landfill Gas Collection

System

Summary

The Agency is seeking proposals from qualified firms to provide comprehensive Air Quality Permitting and

Compliance Reporting Services as well as Engineering, Operation, and Maintenance Services for the Landfill

Gas Collection System (LGCS) located at the Caja del Rio Landfill. This project aims to ensure regulatory compliance with state and federal air quality standards, and optimize the operational efficiency of the landfill gas collection system.

Scope of Work

The successful contractor will be responsible for delivering the following services, including but not limited to:

1. Air Quality Permitting Services

A. Conduct an analysis of existing air quality permits to ensure compliance with State (New Mexico

Environment Department) and Federal (Environmental Protection Agency) regulations.

B. Prepare and submit all necessary applications for new and renewal air quality permits, ensuring adherence to the following regulations and standards:

o 40 CFR Part 60: Standards of Performance for New Stationary Sources o 40 CFR Part 63: National Emission Standards for Hazardous Air Pollutants o New Mexico Administrative Code (NMAC) Title 20 Chapter 2: Air Quality Regulations o 40 CFR Part 98: Greenhouse Gas Emissions o 40 CFR Part 75: Continuous Emission Monitoring (CEM)

C. Monitor regulations and standards in terms of air quality permitting needs and address any future permitting needs.

2. Compliance Reporting Services

A. Provide compliance reporting services including, but not limited to, routine reporting, emissions data, and non-compliance notifications.

B. Prepare and submit semi-annual and annual compliance reports to appropriate regulatory agencies documenting compliance efforts and performance metrics.

C. Assist in the implementation of corrective actions for any identified compliance issues, if any, including the development of a remediation plan to rectify violations.

D. Monitor regulations and standards in terms of compliance needs and adjust compliance reporting services accordingly.

3. Engineering Services

A. Conduct a comprehensive engineering assessment of the existing landfill gas collection system, with a focus on identifying areas for improved efficiency and efficacy.

B. Design modifications or enhancements to the existing landfill gas collection system to optimize gas recovery and minimize emissions.

C. Prepare estimated costs and timelines for necessary upgrades to the LGCS.

D. Expansion of the existing landfill gas collection system is anticipated in 2026.

4. Operation and Maintenance Services

A. Provide routine operation and maintenance services for the landfill gas collection system, including but not limited to:

o Field data gathering and analysis o Routine system inspections and maintenance o Repair of any damaged infrastructure as part of regular maintenance o Non-Routine operational issue assessments and replacement of components such as wells, pipes, blowers, compressors, as needed

B. Implement a preventative maintenance schedule to ensure continuous and compliant operation of the

LGCS.

C. Provide training for Agency personnel, as needed, on the operation and maintenance of the landfill gas collection system.

Service Requirements

The contractor will be required to deliver the following services throughout the agreement:

A. Regularly scheduled updates with Agency staff to discuss ongoing compliance, performance metrics, and…