Development_Review_Guide_(Addendum_#1_Revision).pdf

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

The City of Santa Fe, Central Purchasing Division

AND

Land Use Admin

REQUEST FOR PROPOSALS (RFP)

RFP#: 25188 - Development Review Guide

Proposals are due on: Friday, August 1, 2025 by 3:00 pm

Table Of Contents

1. INTRODUCTION

2. CONDITIONS GOVERNING THE PROCUREMENT

3. RESPONSE FORMAT AND ORGANIZATION

4. SCOPE OF WORK

5. EVALUATION

6. EVALUATION PHASES

7. VENDOR QUESTIONNAIRE

8. ATTACHMENT LIST

Attachments:

A - RFP 25188 Development Review Guide Final

B - RFP# 25188 Draft Contract for RFP

C - Development Guide RFP - Pre-Proposal Meeting

D - RFP 25188 Development Review Guide PP Conference - Attendance report 7-07-25

1. INTRODUCTION

1.1. Development Review Guide

The purpose of this RFP is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of a Development Review Guide (Guide) to serve as a user-friendly companion to the land development and building codes intended for use by the general public, developers, design professionals, and city staff. The Guide will lead all users through the relevant processes, procedures and requirements needed to obtain their development approvals and/or building permits.

1.2. BACKGROUND INFORMATION

The Planning and Land Use Department (Department) is responsible for reviewing and approving all development applications and building permits while ensuring compliance with the city’s land development code, building codes and other relevant standards including accessibility and public safety requirements. Currently the Department maintains an extensive number of checklists, applications, calendars, FAQs, policies and guides, but lacks a coherent and comprehensive guide covering all aspects of the development review and building permitting processes. In addition, the Department is engaged at various stages of implementation on several innovations including digital plan and permitting review, third party plan review and updates to both the Land Development Code and the General Plan. The creation of the Guide will serve to capture and integrate these new process innovations, ensuring successful adoption and implementation for all users.

1.3. SCOPE OF PROCUREMENT

This RFP is to solicit the procurement of the professional services of a qualified Land Use Planning Consultant to facilitate the creation of the City’s Development Review Guide, an interactive, searchable and visually dynamic document, accessible online, easily updated and used by city staff, members of the public, developers, development agents and lawyers, architects and general contractors. In addition to the development of the

Guide, the proposal will include a detailed process to assess, review and articulate all current processes and procedures with actionable recommendations for process improvements, aimed at increasing transparency, efficiency and predictability in the development review process.

The professional services may include but are not limited to administrative coordination and support, public engagement, analysis, assessment report and recommendations delivered in a variety of formats including reports, graphics, flowcharts and process diagrams, digital and paper publications. The Consultant Team may include subcontractors and other relevant members need to perform the required tasks.

Tasks listed below are meant to be provide guidance on the structure and schedule of deliverables but may change due to circumstances including Consultant Team recommendations or other circumstances.

Scope of Work Task Summary

1) Administrative Coordination: Coordinate with staff to develop communication protocol, development guide approach, process outline and best practices, project schedule and logistics, and establish working groups and gather information on existing processes and procedures from the relevant divisions with the Department.

2) Analysis: Conduct needed surveys, studies, assessments and analysis of existing processes and procedures.

3) Public Engagement: Coordinate and execute community outreach, education and engagement.

4) Assessment Report: Produce assessment report, based on analysis, feedback from staff and the public, with actionable recommendations for development and permit process improvements.

5) Development Review Guide: Comprehensive interactive, graphicly engaging and user-friendly guide to serve as a companion to the Land Development, Building Code and other statutory requirements outlined the processes and procedures needed to obtain development entitlements in Santa Fe. The Guide must be searchable, easy to navigate and editable by staff as needed to update processes and procedures overtime.

6) Additional Tasks: All other requirements necessary for the implementation of the plan, which may be identified in the refinement of the consultant work plan development and refinement process.

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

Land Use Admin 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 JoAnn D. Lovato Montaño, Procurement Manager

Telephone Number (505) 469-6045

Email jdlovato@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/178848.

1.5. DEFINITION OF TERMINOLOGY

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

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

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

C. “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.

D. “Central Purchasing Division/Office or CPD” means the office responsible for the control of procurement of items of tangible personal property, services, or construction.

E. “Chief Procurement Officer” means that person within the Central Purchasing Office who is responsible for the control of procurement of items of tangible personal property, services, or construction.

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

Finance Director, City Manager, or Governing Body.

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

PM Mountain Standard or Daylight Time, whichever is in use at that time.

H. “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 https://procurement.opengov.com/portal/santafenm/projects/178848

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.

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

J. “Contractor” means any business having a contract with the City of Santa Fe.

K. “Department” means the Requesting Department sponsoring this Procurement.

L. “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.

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

N. “Electronic Submission” means a successful submittal of Offeror’s proposal.

O. “Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices.

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

Q. “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.

R. “Final Award” means, in the context of this Request for Proposals and all its attendant documents, that point at which the final required signature on the contract(s) resulting from the procurement has been affixed to the contract(s) thus making it fully executed.

S. “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.

T. “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.

U. “IT” means Information Technology.

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

W. “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.

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

Y. “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.

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

AA. “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 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.

BB. “Procurement Manager” means any person or designee authorized by the Requesting

Department to facilitate the procurement and or administer the contract(s).

CC. “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.

DD. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by NMSA 1978, Sections 57-3A-1 to 57-3A-7 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

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

FF. “Requesting Department” means the City Department responsible for overseeing the work or delivery of tangible personal property by a contractor.

GG. “Responsible Offeror” means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that their 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.

HH. “Responsive Offeror” 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.

II. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents have been completely and successfully uploaded into the Bid Central prior to the submission deadline stated in this RFP.

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

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

LL. “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,” and “Will

Comply if Applicable”)

MM. “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.

NN. “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 selecting the link provided in the electronic version of this document through your own internet connection. The library contains information listed below:

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

https://procurement.opengov.com/portal/santafenm/projects/178848

Other relevant links:

Development Application Forms and Fees | City of Santa Fe | City of Santa Fe

Building Permits | City of Santa Fe | City of Santa Fe

Current Planning Division | City of Santa Fe | City of Santa Fe

Legal Lot of Record | City of Santa Fe

Mini TOC: CHAPTER 14 - LAND DEVELOPMENT | Code of Ordinances | Santa Fe, NM | Municode Library

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:

Action Responsible Party Due Dates

Times (in

Mountain)

Issue RFP CPD June 27, 2025 https://procurement.opengov.com/portal/santafenm/projects/178848 https://santafenm.gov/land-use/current-planning/application-forms-and-fees https://santafenm.gov/land-use/building-permits https://santafenm.gov/land-use/current-planning https://santafenm.gov/land-use/legal-lot-of-record https://library.municode.com/nm/santa_fe/codes/code_of_ordinances?nodeId=CH14LADE

Pre-Proposal Meeting Procurement

Manager /Potential

Offerors

July 7, 2025 10:00 AM

Deadline for Written

Questions

Potential Offerors July 8, 2025 5:00 PM

Response to Written

Questions

Procurement

Manager

July 10, 2025

Proposals Due Date Offerors August 1, 2025 3:00 PM

*Blind Evaluation Evaluation

Committee

August 6, 2025

*Interviews Potential Offerors August 7 – 8, 2025

*Identification of Potential

Best-Valued Offeror(s)

Evaluation

Committee

August 11, 2025

*First Clarification Meeting Evaluation

Committee/Finalist

Offeror(s)

August 22, 2025

*Final Clarification Meeting Evaluation

Committee/Finalist

Offeror(s)

August 26, 2025

*Best and Final Offer(s) Offeror(s) August 27, 2025

*Governing Body Approval Governing Body August 27 – September 24, *Contract Award Requesting

Department

September 25, 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 City reserves the right to:

A. Change or extend the Proposals Due Date.

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

The city will process addenda if it is determined that modifications, clarifications, or additions to the RFP are necessary. 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 on behalf of The City 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 A Pre-Proposal Meeting will be held as indicated in the Sequence of Events, beginning at 10:00 MST/MDT via MS Teams: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViMzJhMTAtMDhlNS00YWUzLTlkOTAtODQ2ODNkNTMzMjVk%40thread

.v2/0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616-

4867b0bc707f%22%2c%22Oid%22%3a%228d3a19bb-3961-4588-8915-1014f4def1c1%22%7d

Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the

OpenGov Procurement Portal. The identity of the organization submitting the question(s) 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. 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.

D. Responses to Written Questions

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

Section "Sequence of Events", and is available for all potential Offerors.

E. Proposals Due Date

Only electronic proposal submission is allowed.

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE

CENTRAL PURCHASING DIVISION VIA UPLOAD.

Proposals must be submitted electronically through the link in Section "Electronic Submission

Only". Proposals submitted by facsimile will not be accepted.

OpenGov will keep a log of the names of all Offeror organizations that submit proposals. 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 Request for Proposals. Awarded in this context means approved by the City’s

Governing Body and subsequently signed by the City Mayor.

F. Interviews

Offerors will be required to participate in an interview to evaluate expertise. A notification will be sent to Offerors with meeting details once the Evaluation Committee has conducted their initial review. This is not a presentation. The Evaluation Committee will interview the Key Personnel Lead. A second individual may be present (standby) to clarify Pricing Proposal if requested.

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

All Offeror 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

Central Purchasing Division or/and/or the Procurement Manager in conjunction with the Evaluation

Committee may contact the Offeror for clarification of the response. Responsive proposals will be evaluated on the factors in Section "Evaluation", which have been assigned a point value in Section

"Evaluation". The responsible Offerors 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 City taking into consideration the Evaluation

Factors in Section "Evaluation" will be recommended for award (as specified in Section II.B.1211).

Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

H. First Clarification Meeting

The City requires that the Offeror attend a First Clarification Meeting to present its proposal and to identify additional issues or concerns that the City may have. It is also an opportunity to meet all participants who may be a stakeholder in the project.

I. Final Clarification Meeting

The Final Clarification Meeting is held at the end of the Clarification Phase and is used to present a summary of what was developed and agreed upon during the Clarification Phase. The final Clarification meeting is not a question-and-answer session. The Offeror and City stakeholders must not wait for the meeting to ask questions. All coordination and planning with the City should be completed prior to the

Clarification Phase Summary Presentation meeting on the RFP Procurement schedule.

J. 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 Section "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

Meeting.

K. Governing Body Approval

Depending on the amount of the total compensation, including any term extensions of the contract, either the City manager will approve and sign the contract, or it will be presented as an agenda item for the appropriate Committee Meetings and then the Governing Body for approval. The mayor signs all contracts presented to the Governing Body.

L. Contract Awards

Upon receipt of the signed contractual agreement, the Department will award as per Section "Sequence of Events", or as soon as possible thereafter. The award is subject to appropriate Department and City

Manager/Governing Body approval. (See Section "Governing Body Approval") Contractors must not commence work until the Department issues them a Purchase Order.

M. Protest Deadline

N. 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 Request for Proposals, pursuant to NMSA 1978, Section 13-1-172 and 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 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's number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

Travis Dutton-Leyda

Chief Procurement Officer

City of Santa Fe tkduttonleyda@santafenm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

O. 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 "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 City of Santa Fe reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

2.3. Deadline for Written Questions

Potential Offerors may submit written questions to the CPD and the Procurement Manager as to the intent or clarity of this RFP as indicated in the Sequence of Events. All written questions must be submitted to 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.

2.4. Responses to Written Questions

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

Sequence of Events, and is available for all potential Offerors.

2.5. Proposals Due Date

Proposals must be uploaded and submitted in OpenGov before the deadline indicated in the Sequence of Events to be considered for review and evaluation.

All proposals must be submitted electronically through the designated upload link provided in the Response

Format and Organization section. Proposals submitted by any other method will not be accepted.

mailto:tkduttonleyda@santafenm.gov https://procurement.opengov.com/portal/santafenm/projects/178848

OpenGov will maintain a log of all submitting organizations. In accordance with NMSA 1978, Section 13-1-

116, the contents of proposals remain confidential and will not be disclosed to competing Offerors during the negotiation process.

The negotiation process remains in effect until the contract is awarded.

For the purposes of this RFP, awarded means the contract has been approved by the City’s Governing Body and subsequently signed by the City Mayor.

2.6. Blind Evaluation

The City 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 City’s needs, as detailed in the City Sample columns of the G Attachments.

To ensure impartiality, the CPD will anonymize proposals by assigning each proposal a letter before forwarding them to the Procurement Manager and 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.

2.7. Interviews

Offerors may be required to participate in an interview to evaluate expertise. A notification will be sent to

Offerors with meeting details once the Evaluation Committee has conducted their initial review. This is not a presentation. The Evaluation Committee will interview the Key Personnel Lead. A second individual may be present (standby) to clarify Pricing Proposal if requested.

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

At this point, proposals have been evaluated for compliance and scored based on the criteria outlined in this

RFP. Following this evaluation, the highest-ranked Offerors were invited to participate in interviews.

After the interview process, the Evaluation Committee, Procurement Manager, and Assigned CPD Buyer will continue to verify the validity of proposals based on information provided during interviews and by conducting reference checks. The City will contact references to assess Offerors past performance, reliability, and ability to meet contract requirements. Finalist Offerors may also be contacted for further clarification as needed.

In accordance with NMSA 1978, Section 13-1-117, the responsible Offeror(s) whose proposal(s) are determined to be most advantageous to the City—considering the Evaluation Factors in this RFP—will be recommended for award. Depending on the proposals received and the City's needs, the City may choose to award a contract to one or contracts to multiple Offerors. However, a serious deficiency in any evaluation factor may result in disqualification, regardless of the overall score.

2.9. First Clarification Meeting

The City may require that the Offeror attend a First Clarification Meeting to present its proposal and to identify additional issues or concerns that the City may have. It is also an opportunity to meet all participants who may be a stakeholder in the project.

2.10. Final Clarification Meeting

The Final Clarification Meeting is held at the end of the Clarification Phase and is used to present a summary of what was developed and agreed upon during the Clarification Phase. The final Clarification meeting is not a question-and-answer session. The Offeror and City stakeholders can start to ask questions before the meeting.

All coordination and planning with the City should be completed prior to the Clarification Phase Summary

Presentation meeting on the Sequence of Events.

2.11. 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 Meeting.

2.12. Governing Body Approval

Depending on the total compensation, including any term extensions of the contract, either the City manager will approve and sign the contract, or it will be presented as an agenda item for the appropriate Committee

Meetings and then the Governing Body for approval. The mayor signs all contracts presented to and approved by the Governing Body.

2.13. Contract Award(s)

The award is subject to the CPD, Department, and City Manager/Governing Body approval. The Contractor must not commence work until the Department issues a Purchase Order.

2.14. 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, Sections 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 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 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 RFP number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

Travis Dutton-Leyda Chief Procurement Officer City of Santa Fe tkduttonleyda@santafenm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

2.15. Finalize Contract

After approval of the Evaluation Committee Report, the City of Santa Fe will make every effort to award contract(s) by the deadline set forth in the Sequence of Events. Any contract(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), considering the evaluation factors outlined in this RFP and the best interests of the City, as defined in the Scope of Procurement section. The most advantageous proposal may or may not have received the highest point total. If mutually agreeable terms cannot be reached with the apparent most advantageous Offeror within the specified timeframe, the City reserves the right to finalize a contract with the next most advantageous Offeror(s) without initiating a new procurement process. The City may award one or multiple contracts, as determined to be in the City's best interest.

2.16. General Requirements

A. Acceptance of Conditions Governing the Procurement

Potential Offerors should indicate their acceptance of the Conditions Governing the Procurement by completing and signing the Proposal Cover Page, Declaration, And Checklist.

B. 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.

C. 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 the Department which may derive from this RFP. Payments will only be made to only the prime contractor.

D. Subcontractors/Consent

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

E. Amended Proposals

Offerors may submit amended proposals prior to the Proposals Due Date. Any amended submission must serve as a complete replacement of the original proposal. Amendments may be submitted in response to changes in the RFP or to address revisions identified by the offeror.

F. To ensure clarity, offerors must label the amended proposal distinctly, indicating that it supersedes the previous version. This ensures that CPD evaluates only the updated submission. Note that CPD staff will not merge, collate, or otherwise combine proposal materials from multiple submissions. 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 via email, addressed to the CPD and 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.

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 City. 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. An additional but separate redacted version of Offeror’s proposal shall be submitted containing the blacked-out proprietary or confidential information, 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 City Attorney and the Chief Procurement Officer 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 City 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

City determines such action to be in the best interest of the City of Santa Fe.

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 City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

L. Legal Review

The City 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 City and a contractor will follow the format specified by the City and contain the terms and conditions set forth in the Draft Contract. However, the contracting City 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 City discourages exceptions from the contract terms and conditions as set forth in the RFP Draft

Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the City (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 City 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 City 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 submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the City.

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 City 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 Chief Procurement Officer, 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.

T. Change in Contractor Representatives

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

U. Notice of Penalties

The Procurement Code, 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. City’s Rights

The City, in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offerors proposals.

W. Right to Publish

Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or City 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 the City. 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 City.

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 City’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 have a valid email address to receive this correspondence.

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

https://cityofsantafenmvendors.munisselfservice.com/Vendors/VBids/Default.aspx

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 Officials or other identified official. Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

CC. Proposal Cover Page, Declaration, And Checklist

Offeror’s proposal must be accompanied by an unaltered Attachment A, which should be completed and signed by the individual authorized to contractually obligate the company, identified in #2 below. (N/A, None, Does not apply, etc. are acceptable responses).

DD. 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 https://cityofsantafenmvendors.munisselfservice.com/Vendors/VBids/Default.aspx

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.

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

4. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the

Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

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 Chief Procurement Officer 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 Chief Procurement Officer may terminate the involved contract for cause.

Still further the Chief Procurement Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the Chief

Procurement Officer

EE. Local Preferences

The City recognizes the value of revenue derived from local businesses and shall procure goods and/or services locally, when possible, pursuant to Ordinance and the City of Santa Fe Procurement Manual.

The city’s preferences will be applied except for purchases using state funds, federal funds, and grant funds. Applicable City, state, and federal law and regulations govern procurements using City, state, or federal funds. The state’s preference will be used on Public Works Projects.

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