FY26-RFP-096_CDBG_Final_6.4.26.docx

The City of Santa Fe (City), Central Purchasing Division (CPD)

AND

Affordable Housing

REQUEST FOR PROPOSALS (RFP)

RFP#: FY26-RFP-096 - Community Development Block Grant (CDBG)

Table Of Contents

INTRODUCTION

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 developing viable urban communities. This shall be done by providing decent housing and suitable living environments and expanding economic opportunities, principally for persons of low and moderate income.

BACKGROUND INFORMATION

The CDBG Program is funded through the U.S. Department of Housing and Urban Development (HUD) and provides an allocation of funds to local and state governments for a wide range of eligible housing and community development activities. The stated purpose of the program is:

“The development of viable urban communities, by providing decent housing and suitable living environments and expanding economic opportunities, principally for persons of low and moderate income.”

CDBG funds are allocated each year to cities with populations of more than 50,000 and urban counties with populations of more than 200,000. The City of Santa Fe is an “entitlement city” for the CDBG program, which means it automatically receives an annual grant from HUD based on a formula that takes into consideration community needs and other factors. These include: the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas.

Although Santa Fe must administer the use of CDBG funds in accordance with specific federal regulations, the Santa Fe City Council determines how to use the grant money according to the City’s Consolidated Plan priorities and other local needs. In Santa Fe, the CDBG funds are dispersed on a competitive basis to agencies/projects selected by the Santa Fe Community Development Commission (CDC) and approved by the City Council.

The City reserves the right to award contracts in full, by portions, or grouped as deemed in the best interest of the City. Funding is subject to current and future CDBG grant allocations and budget appropriations approved by the City’s Governing Body. No guarantee is made or implied by the City for the amount allocated to this RFP. The commitment of funds will result in contract(s)

Successful applicants that receive a CDBG award must fulfill the objectives of the program by carrying out eligible activities that benefit low and moderate income (LMI) residents, including but not limited to, persons who are homeless, persons who have disabilities, the elderly, and other special needs groups. Although not required, the agencies are also encouraged to find other funding sources to help leverage the CDBG funds.

Prior to submitting a proposal, each proposed offeror must meet eligibility under the CDBG program regulations and meets one of the National Objectives as defined by HUD. Information on eligibility and National Objectives must be used to classify each project requesting funding and to determine if it can be considered for funding. Any program that does not clearly meet a National Objective and is not an Eligible Activity will not be accepted. For more specific information on the eligibility of uses for CDBG funds, see 24 CFR 570.201. Ineligible activities are described in 24 CFR 570.207.

SCOPE OF PROCUREMENT

The City of Santa Fe’s OAH is issuing this RFP and seeks to contract qualified organizations capable of delivering eligible affordable housing activities as outlined under the CDBG. The City may award multiple contracts. Each contract will be subject to a one (1) year contract.

All funded projects will be subject to formal contract terms, performance monitoring, and compliance with reporting and fiscal accountability standards.

The authorizing statute of the CDBG program requires that each eligible activity except program administration and planning activities must meet one of the three National Objectives:

1) Benefit low and moderate income (LMI persons or households;

2) Eliminate slum and blight; or

3) Address an urgent community need that threatens the health or welfare of residents.

For more specific information on the definitions of the National Objectives, see the CDBG program regulations at 24 CFR 570.208(b).

For the FY 2026 year, an allocation of approximately $624,832.00 is anticipated to be made available from the grant award. Depending on the proposals, this allocation will be distributed how the city sees best fit to the proposals that would most benefit the city. The Proposals will be reviewed, and funding recommendations will be made by the City’s CDC, according to the program acceptance criteria described in the Draft Contract. The applicant must demonstrate how the proposed activity meets the eligibility requirements under the CDBG program, as well as the City’s priorities of preventing homelessness, ending homelessness, and/or stabilizing the housing situations of those who are at risk of losing their housing and/or being displaced from Santa Fe. The intent for the use of these funds is to serve the entire spectrum of housing needs including those who are currently experiencing homelessness, renters, homebuyers, and homeowners.

The Evaluation Committee, The CDC will rely on the following criteria to make funding recommendations to the Governing Body. Until HUD announces the final amount of the City’s entitlement grant, the amounts are estimated and may change slightly during the contract approval process.

· Funding: the proposed project budget is realistic, funds are leveraged at a 1:1 ratio from other sources (for every $1 of CDBG, $1 is from other sources), revenue is sufficient to accomplish the proposed project and matching funds are secured.

· Need/Benefit and Project Feasibility: the proposed project addresses underlying/systemic challenges in the community, is responsive to current/future market demand, and the applicant demonstrates feasibility through site control, if applicable, and provides a realistic timeframe for the completion of proposed activities.

· Organizational Capability and Management: the applicant adequately describes its organizational experience, expertise in the proposed type(s) of housing or assistance and demonstrates financial soundness and/or experience with federal awards.

ELIGIBLE ACTIVITIES, APPLICANTS AND USES OF FUNDS

The CDBG regulations require that grantees expend not less than 70% of their annual CDBG grant fund for activities that benefit LMI persons. This is one of the key factors in selection of eligible activities. The determination of LMI is based on a percentage of the area’s Average Median Income (AMI). Specifically, the eligibility threshold is less than 80% of the current AMI. Current data can be found at this link: 2._SFHP_Pricing_2025-REVISED-2_.19.26.pdf The annual income must be verified for a person, family or household only for direct benefit activities such as homeownership assistance, home improvement, or receipt of public service. Income verification of the eligibility of individual persons, families or households is not needed for the following national objectives: area benefit, presumed limited clientele, slum/blight, or urgent need. According to HUD, presumed limited clientele include abused children, battered spouses, severely disabled adults, homeless persons, illiterate adults, persons with AIDS, migrant farm workers and the elderly.

ELIGIBLE ACTIVITIES

Some Eligible Activities that can be funded by CDBG include but are not limited to the following. (The complete list is in 24 CFR Part 570.201).

A. Housing Activities

· Assist existing homeowners with the repair, rehabilitation or reconstruction of owner-occupied units. Financial assistance through loans or grants are made for emergency repair programs, spot rehabilitation, or full house rehabilitation for existing homes. Special purpose programs include improving the energy efficiency of a home, handicap accessibility, emergency repairs and weatherization.

· Direct assistance to facilitate and expand LMI homeownership by subsidizing interest rates and mortgage principal amounts, financing the cost of acquiring property, pay all or part of the premium on behalf of the homebuyer mortgage insurance, pay any or all the reasonable closing costs associated with the home purchase and pay up to 50% of the down payment required by mortgagee;

· Assistance to rehabilitate privately owned residential buildings and improvements; low-income public housing and residential buildings; publicly and privately owned commercial or industrial buildings for exterior improvements and code violations; non-profit owned nonresidential buildings and improvements; and manufactured housing, when considered part of the permanent housing stock;

· Acquisition of property for an eligible rental or homeownership housing project;

· Conversion of a closed building from one use to residential such as a closed school;

· Activities to prevent the abandonment and deterioration of housing acquired through tax foreclosure including making essential repairs to the housing and paying operating expenses to maintain its habitability.

B. Real Property

· Acquisition of Real Property, by purchase, long term lease, donation or otherwise, for the purposes of providing affordable housing, public services, or a public facility.

· Disposing of real property refers to the sale, lease and donation of real property. Costs related to the sale, lease, or donation of real property acquired with CDBG funds are CDBG-eligible;

· Lead Based Paint Hazard Evaluation and Reduction. The costs associated with the evaluation and reduction of lead-based paint hazards as either its own activity or as part of a rehabilitation activity;

· Historic Preservation. The preservation and restoration of publicly and privately owned properties of historic significance are generally eligible under CDBG;

· Renovation of Closed Buildings for the use as an eligible public facility as well as both residential and commercial facilities.

· Energy Efficiency Activities such as weatherizing a home or apartment complex, finance energy efficient rehabilitation work and install wind and solar equipment;

· Handicapped Accessibility. Removal of material and architectural barriers that restrict the mobility or accessibility of elderly or handicapped persons.

C. Public Facilities and Public Improvements (defined as all facilities and improvements that are publicly owned or are owned by a non-profit and open to the public during normal working hours)

· Acquisition, construction, reconstruction, rehabilitation or installation of public facilities, except buildings for general conduct of government. Activities may include design features that promote energy efficiency and architectural design features and treatments intended to enhance aesthetic quality of facilities. Examples of public facilities include: homeless facilities, senior centers, childcare centers, facilities for AIDS patients, parks and recreational facilities, neighborhood facilities, and Health facilities. (For a complete list refer to 24 CFR 570.201(c));

· Public Improvements such as installation, construction and rehabilitation of infrastructure (water/sewer lines, streets and sidewalks). CDBG funds cannot be used for maintenance of these facilities and improvements. This category generally also does not include operating costs D. Public Service Activities (subject to 15% cap).

Provision of public services that stabilize housing situations, prevent or end homelessness, and support sustainable homeownership are the main priorities for the City’s CDBG funding. If the applicant is applying for CDBG funding for the first time, the proposed services must be a new or quantifiable increase in the level of an existing service which has been provided by the grantee or another entity on its behalf. This means that the applicant must show an increased deliverable, such as persons or households served. The CDBG program restricts the amount of funding for public services to no more than 15% of the annual grant award. Therefore, public service projects are highly competitive for any given grant year.

E. Other Types of Assistance

· Relocation payments and assistance to displaced persons;

· Payment to housing owners for losses of rental income incurred in holding units for persons displaced;

· Provision of fair housing counseling services and activities

Ineligible Activities

· Buildings used for general conduct of government;

· General government expenses;

· Political activities;

· Purchase of construction equipment; purchase of furnishings and personal property, unless part of a public service activity or necessary for use by city in the administration of the program;

· Repair, operation and maintenance of public facilities, improvements and services, except expenses associated with eligible public service activities, interim assistance and office space for CDBG program staff;

· New housing construction, except under special provisions.

POST-AWARD REQUIREMENTS FOR SUBRECIPIENTS

A Subrecipient is an agency or organization that is provided CDBG funds by the City of Santa Fe for their use in carrying out approved eligible activities. Subrecipients may include:

· Public or Private Non-Profit Agency, Authority or Organization;

· For-Profit entities who provide assistance specifically to microenterprises;

· Institutions of Higher Learning.

NOTE: A subrecipient differs from a contractor. A contractor is selected through a competitive procurement process and is paid CDBG funds by the grantee in compensation for specific services, such as construction or remodeling improvements. The subrecipient is subject to the same administrative requirements as those for the City of Santa Fe. These requirements are generally not applicable to contractors.

After an award of CDBG funds, the Subrecipient is accountable to the City of Santa Fe for administrative and other responsibilities, including but not limited to, compliance with the CDBG program requirements at 24 CFR Part 570 and the Uniform Administrative and Financial Management Requirements for Federal Awards at 2 CFR 200. Subrecipients may also use fiscal agents who assist with program management, financial reporting and all contract requirements as per the City of Santa Fe’s procurement rules. If using a fiscal agent:

· Fiscal agent fees shall not exceed 12%.

· All official documents and signatures must be those of the fiscal sponsor.

1. Registration in SAM (System of Award Management).

A. Any subrecipient, contractor or vendor that receives federal funds must register in SAM.Gov. Please note that SAM.Gov now issues a Unique Entity Identifier (UEI) that has replaced the DUNS Number that was previously used. Registration in SAM (System of Award Management). If not already registered, the applicant must register in the system to receive a Unique Identifier Number (UEI) here: www.sam.gov.

B. The City will check all applicant EUI numbers for federal debarment. An application will be rejected if the applicant agency is debarred or its status is not current.

2. Contractual Requirements.

A. The subrecipient shall enter one or more contracts with the City of Santa Fe. Contracts shall be consistent with the required provisions for the CDBG program and subject to the review by HUD and other authorities. All contracts shall include remedies and default provisions in the event of the unsatisfactory performance by the subrecipient. Other contracting requirements include:

B. Performance Schedule and Criteria. The subrecipient shall be required to abide by a reasonable performance schedule and performance criteria which the City of Santa Fe in its discretion, may establish;

C. Cost Reimbursement Contracts. Payment to a Subrecipient shall be made under a cost reimbursable contract provision. Payments shall be made upon the City of Santa Fe’s receipt of certified and documented invoices for actual expenditures allowable under the terms of all contracts executed between the subrecipient and the City of Santa Fe.

D. Rate at which Costs Incurred. Under unit cost or cost reimbursable contracts, it is anticipated that costs will be incurred by the Subrecipient at an approximate level rate during the term of any agreement between the Subrecipient and the City of Santa Fe. If the City of Santa Fe determines that the Subrecipient is underspending or overspending, then the City of Santa Fe may reduce the budget and/or exercise such other budgetary fiscal controls it deems appropriate.

E. Invoices. Subrecipients shall not submit invoices more than once a month, unless written approval is obtained in advance from the City of Santa Fe. Failure to submit invoices within twenty (20) days of the close of the month for which payment is sought may result in the non-availability of funds for reimbursement.

F. Cost Eligibility. All Subrecipients are subject to the federal cost principles and audit requirements applicable to 2 CFR Part 200, Subpart E:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

3. Federal Standard Provisions. All CDBG awards made by the city are also subject to additional federal standards related to financial management, procurement, civil rights, handicap accessibility, equal employment, and record-keeping requirements including but not limited to:

· Environmental Review

· Labor Standards ("Davis Bacon")

· Fair Housing and Equal Opportunity

· Section 3 – Economic Opportunities

· Section 504 of the Rehabilitation Act

· Purchasing standards

· Acquisition and relocation regulations

· Lead Safe Housing Rule

· Avoiding conflicts of interest

· Uniform Administrative requirements such as Cost Principles, Standards for Financial Management Systems, and Audit requirements

· Change in Use Requirements

· Uniform Relocation Act

The City’s contract for CDBG funding will include the applicable federal standards for each activity selected for award.

PROCUREMENT MANAGER

Affordable Housing 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:

Procurement Contact: Christina Browning Title: PROJECT ADMINISTRATOR Email: cxbrowning@santafenm.gov Phone: (505) 629-7379

1. Any inquiries or requests regarding this procurement should be submitted via the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm/projects/252836.

Offerors may contact ONLY the Procurement Manager and the CPD regarding this procurement. Other city employees or Evaluation Committee members do not have the authority to respond on behalf of the Procurement Manager. Do not contact the Procurement Manager after the Proposals’ due date.

2. Protests of the solicitation or award must be submitted in writing to the Protest Manager. 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 RFP Protests submitted or delivered to the Procurement Manager will NOT be considered properly submitted.

PROPOSAL SUBMISSION

Submissions of all proposals must be accomplished via upload: https://procurement.opengov.com/portal/santafenm/projects/252836

DEFINITION OF TERMINOLOGY

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

A. "Addendum" means a written or electronic document issued by the City 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. “Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract.

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

E. “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.

F. ““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.

G. “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.

H. “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.

I. “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.

J. “Clarification Phase” means the structured period during which the potential best-value Offeror(s) and the City align expectations, mitigate risk, and finalize project understanding prior to contract execution.

K. “Close of Business” means the normal close of business of the Requesting Department; 5:00 PM Mountain Time.

L. “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.

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

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

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

P. “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.

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

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

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

T. “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.

U. “Final Award” means the point at which the contract(s) resulting from this RFP have been fully executed through the final required signature—either by the City Manager or City Mayor, depending on the contract amount—thereby making the contract(s) legally binding. See also “Contract.”

V. “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.

W. “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.

X. “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.

Y. “Living Wage” means the minimum hourly wage established by the City of Santa Fe’s Living Wage Ordinance, which contractors must comply with, as posted at https://santafenm.gov/economic-development/business-resources/living-wage-information.

Z. “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.

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

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

AC. “OpenGov” means the City of Santa Fe’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.

AD. “Procurement Manager” or “PM” means any person authorized by both the CPD and the Requesting Department 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, City staff, and CPD must direct all questions or information through the PM. Staff in the Requesting Department must rely on the PM to serve as the liaison between their department 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.

AE. “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.

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

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

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

AI. “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.

AJ. “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.

AK. “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 Bid Central or OpenGov—prior to the submission deadline stated in this RFP.

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

AM. "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.

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

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/252836 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:

Other relevant links:

· Eligibility of uses for CDBG funds: 24 CFR 570.201.

· Ineligible activities for CDBG funds: 24 CFR 570.207.

· CDBG program regulations: 24 CFR 570.208(b).

· CDBG Data: 2._SFHP_Pricing_2025-REVISED-2_.19.26.pdf

· Code of Federal Regulations: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

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.

SEQUENCE OF EVENTS

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDZjNmZmNmQtMDMxZC00Nzg3LWFmYmEtZjBiZTRmYTM1NjU2%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

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

EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the Timeline.

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 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 on behalf of the City on the date indicated in the Timeline.

B. Pre-Proposal Meeting A Pre-Proposal Meeting will be held as indicated in the Timeline, beginning at 10:00 am MST/MDT via https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDZjNmZmNmQtMDMxZC00Nzg3LWFmYmEtZjBiZTRmYTM1NjU2%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 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 the Timeline. 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 the Timeline". 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 the Timeline.

E. Proposals Due Date Only electronic proposal submission is allowed.

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.

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.

F. Evaluation The City will establish an Evaluation Committee (EC) to evaluate proposals in accordance with the timeline outlined in the Timeline 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 Scope/Level of Expertise and Work Plan.

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.

G. 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 Evaluation Committee 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 City 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.

H. Interviews/First Clarification Meeting The City may ask the finalist Offerors to attend an Interview/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 may be 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 the Timeline 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.

K. 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 the Timeline 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.

L. 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.

M. Contract Awards Upon receipt of the signed contract, the Department will award pursuant to the Timeline, or as soon as possible thereafter. The award is subject to appropriate Department and City Manager/Governing Body approval. Contractors must not commence work until the Department issues them a Purchase Order (PO) and instructions to start.

N. 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 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 purchasing@santafenm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

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 Vendor Questionnaire Section, pursuant to the requirements in RFP.

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. The Department entering into a contractual agreement with a vendor will make payments 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 or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the Department awarding any resultant contract, before any subcontractor is used during the term of this agreement.

E. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Department or the Central Purchasing Division personnel will not merge, collate, or assemble proposal materials.

F. Offeror’s Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the Central Purchasing Division 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 ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

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, Sections 57-3A-1 through 57-3A-7.

2. An additional but separate redacted version of Offeror’s proposal, as outlined and identified in Section III 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 or any of its Departments 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 Department determines such action to be in the best interest of the City of Santa Fe.

K. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be affected by sending written notice to the contractor. The Department’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

L. Legal Review The Department 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 Central Purchasing Division 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 Central Purchasing Division 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 Department and a contractor will follow the format specified by the City and contain the terms and conditions set forth in the Draft Contract (Vendor Questionnaire Section). However, the contracting Department 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 (Vendor Questionnaire Section) strongly enough to propose alternate terms and conditions in spite of 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. See this RFP for requirements.

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

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. Department Rights The Department, 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 City written approval prior to the release of any information that pertains to the potential work or activities covered by this…