FY27_Affordable_Housing_Trust_Fund_(AHTF).pdf

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

AND

Affordable Housing

REQUEST FOR PROPOSALS (RFP)

RFP#: FY27-RFP-103 - FY27 Affordable Housing Trust Fund

(AHTF)

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. ATTACHMENTS

I. INTRODUCTION

PURPOSE OF THIS RFP

The purpose of this Request for Proposals (RFP) issued by the Central Purchasing Division (CPD) in coordination with the Office of Affordable Housing (OAH) is to solicit sealed proposals through a competitive process to establish contracts for projects that advance affordable housing in the City of Santa Fe. This RFP is focused on supporting eligible costs associated with both rental and ownership projects. Rental projects include new construction development acquisition, renovation/rehabilitation, preservation, supportive housing and mixed income housing developments. Ownership of affordable housing—or related supporting affordable housing infrastructure for rental or affordable housing homeownership are eligible for proposal submission.

All proposed projects must align with the community’s established affordable housing goals and priorities, as defined under the Affordable Housing Trust Fund (AHTF) and related City plans and policies. As codified in

Santa Fe City Code (SFCC) 26-3, the primary purpose of the AHTF is to increase and preserve the supply of affordable housing for low- and moderate-income residents in the City of Santa Fe.

Housing Development and Preservation (Infrastructure-Focused)

The AHTF supports projects that involve the creation, rehabilitation, or preservation of affordable housing units, including associated infrastructure necessary to support housing development.

The City is seeking proposals that will advance the development of for-sale affordable housing to include but not limited to single-family homes, condominiums, townhomes, duplex, triplex or rental of developed

Accessory Dwelling Units (ADU) that expands long-term affordability and supports neighborhood stability.

Priority consideration will be given to development teams that demonstrate the ability to:

• Deliver high-quality affordable to low- and moderate-income households

• Provide a mix of affordability levels that serve workforce and entry-level homebuyers

• Incorporate long-term affordability mechanisms such as:

o Deed restrictions o Ground lease structures o Shared equity approaches

Resultant projects should include a combination of the above and below, based upon the development type:

• Include innovative resident engagement models that enhance onsite safety and community stability, including voluntary residency by qualified public safety personnel in exchange for defined community participation activities, consistent with all applicable fair housing and funding requirements

• Maximize the number of affordable units delivered per site

• Support pathways to homeownership for income-qualified households

• Utilize cost-effective design and construction methods to improve attainability

• Include infrastructure and site improvements within the development scope

• Align affordability periods with long-term community housing goals

Proposals shall incorporate innovative development solutions that increase health and safety, and approaches designed to minimize reliance on direct public subsidy, while ensuring long-term affordability.

The City is particularly interested in developments that create sustainable homeownership opportunities, promote neighborhood integration, and ensure the long-term availability of single-family housing and/or multi-family housing development for income-qualified residents.

This solicitation is also open to multi-family deep affordable housing developers for maximum unit count.

BACKGROUND INFORMATION

The New Mexico Affordable Housing Act (The “Act”) and its implementing regulations establish the framework for eligible uses of funds, applicant eligibility criteria, and proposal requirements to ensure compliance with the State of New Mexico’s Anti-Donation Clause. Oversight and enforcement of the Act are administered by the New Mexico Mortgage Finance Authority (MFA) through the Affordable Housing Act

Rules.

Under the Act, the City is authorized to support the following costs related to affordable housing initiatives:

• Acquisition of land on which affordable housing will be constructed;

• An existing building that will be renovated, converted, or demolished and reconstructed as affordable housing;

• Costs related to the acquisition, development, construction, financing, operation, or ownership of affordable housing;

• Costs of financing or infrastructure necessary to support affordable housing.

All proposals must demonstrate consistency with the “Act” and the “Rules” and clearly identify how the requested funding supports the development, sustainability, or facilitation of affordable housing in accordance with applicable legal requirements.

Awards under this RFP are subject to the availability of funds in the AHTF. All allocations are contingent upon current and projected revenue into the Fund from designated sources, as well as annual budget appropriations approved by the City’s Governing Body. The Community Development Committee (CDC) will review and evaluate eligible proposals and make formal recommendations to the City’s Governing Body, which retains final authority on funding awards.

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 AHTF. The City may award multiple contracts. Each contract will be subject to a one (1) year contract with the option to extend one (1) year as to be determined by the City.

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

Offerors with an outstanding award from a prior AHTF allocation that has not been fully expended and drawn down are ineligible to apply.

Eligible projects must have at least 50% of the total unit/plot count set aside for affordable households or special populations.

PROCUREMENT MANAGER

The City has assigned Faviola Chavez, OAH Director, as the Procurement Manager (PM), who is responsible for the conduct of this RFP. Do not contact the PM directly during or after the proposals’ due date. All inquiries or requests regarding this RFP must be submitted as questions via the OpenGov Procurement Portal athttps://procurement.opengov.com/portal/santafenm/projects/274430. Other city employees and Evaluation

Committee members do not have the authority to respond on behalf of the PM.

While the PM is responsible for the conduct of the RFP, 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.

DEFINITION OF TERMINOLOGY

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

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

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

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

4. “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.

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

6. “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.

https://procurement.opengov.com/portal/santafenm/projects/274430

7. “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.

8. “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.

9. “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.

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

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

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

13. “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.

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

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

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

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

18. “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.

19. “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.

20. 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.

21. “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.

22. “HUD” means Housing and Urban Development.

23. “LIHTC” means Low-income Housing Tax Credit.

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

25. “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.

26. “MFA” means Mortgage Finance Authority.

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

28. “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.

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

30. “Procurement Manager” means any person or designee authorized by the Requesting Department to facilitate the procurement and or administer the contract(s).

31. “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.

32. “Request for Proposals (RFP)” means a formal solicitation issued by the City of Santa Fe to invite vendors or service providers to submit competitive proposals for specific projects, products, or services. It includes all documents, including those attached or incorporated by reference, that outline the scope of work, technical & functional requirements, submission guidelines, timelines, evaluation criteria, and applicable legal terms in accordance with state statute, city ordinances, and procurement policies. RFPs are used to ensure transparency, encourage competition, and secure the most advantageous solution to support the City's goals and serve its residents effectively.

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

34. “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.

35. “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.

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

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

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

39. “Shovel-ready” means projects with Recorded Subdivision or Development Plan in the County Clerk’s

Office (if required) and ready to submit a building permit to start construction.

40. “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 all the details, including documents in the attachment section. The library contains information such as:

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

https://procurement.opengov.com/portal/santafenm/projects/274430

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

TIMELINE/SEQUENCE OF EVENTS

The City’s CPD and the PM will make every effort to adhere to the following schedule:

Issue RFP: July 6, 2026

Pre-Proposal Meeting (Non-Mandatory): July 16, 2026, 3:00pm

Virtual Meeting Link:

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Deadline for Written Questions: July 22, 2026, 5:00pm

Response to Written Questions: July 24, 2026, 5:00pm

Proposals Due Date: August 4, 2026, 3:00pm

Evaluation of Proposals: August 7, 2026

Interviews of Applicants: August 19, 2026

Best and Final Offers*: August 21, 2026

First Clarification Meeting* : August 25, 2026

Recommendation of Award*: August 26, 2026

Governing Body Approval*: September 30, 2026

Contract Award*: October 1, 2026

*Dates listed after the “Proposals Due Date” are estimates only and may change without requiring an addendum to this RFP. All activities during the evaluation phase, from the proposals’ due date through contract execution, will remain confidential, and any formal meetings held during this period will be conducted as executive sessions.

EXPLANATION OF EVENTS

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

The City reserves the right to:

A. Change or extend the Proposals Due Date.

B. Revise the RFP before the due date.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJlODc3ZmYtMTM0OC00ZDQ3LTgxNTYtYjlkYmZiYjE0NGI5%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

The city will process addenda if it is determined that modifications, clarifications, or additions to the RFP are necessary. Similar to the initial invite, addenda will be emailed to registered Potential Offerors who have selected the commodity codes for this event.

1. Issue RFP

This RFP is being issued on behalf of the City’s OAH on the date indicated in the Timeline/Sequence of Events.

2. Pre-Proposal Meeting

A virtual Pre-Proposal meeting will be held as indicated in the Timeline/Sequence of Events via MS Teams:

Potential Offerors 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, but will not be official unless submitted in writing in OpenGov. 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 or before the date listed in the Timeline/Sequence of Events. A public log will be kept of the names of potential Offerors that attended the Pre-Proposal Meeting.

Attendance at the non-mandatory Pre-Proposal Meeting is strongly recommended, as it will help Offerors understand the key information required in their proposals and provide a detailed explanation of the evaluation process.

3. Deadline for Written Questions

Potential Offerors may submit written questions to the CPD and the PM as to the intent or clarity of this RFP as indicated in the Timeline/Sequence of Events. Questions shall be clearly labeled and shall cite the Section(s) in the

RFP or other document that form the basis of the question.

4. Responses to Written Questions

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

Events and is available for all potential Offerors.

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(s) 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 GB and subsequently signed by the City Mayor.

6. Evaluation of Eligible Proposals

This document outlines how the City of Santa Fe will evaluate proposals submitted under this RFP for AHTF funding.

The process is designed to ensure transparency, accountability, and alignment with community goals. All proposals will be reviewed and scored by the City’s Evaluation Committee, using the criteria outlined in this RFP and referenced in the Scope of Level/Expertise (SC/LE).

Following initial scoring, the City will enter into Interviews with Offerors. This allows for follow-up questions, discussions, and deeper understanding of proposed projects, especially in areas where more detail is needed to inform decision-making.

7. Interviews of Offerors/Applicants

Offerors will be required to conduct a virtual interview to be determined as per the Sequence of Events, or as soon as possible thereafter. The Department will provide Offerors with applicable details prior to the interview date and time. Interviews will be scored.

This interview serves as an opportunity for the Evaluation Committee to:

o Ask specific questions about the project o Clarify key aspects of the project scope, timeline, budget, or team o Confirm alignment with program goals and City requirements

Offerors may be asked to submit updated information, supporting documentation, or a Best and Final Offer (BAFO) following this meeting.

8. Best and Final Offers

This RFP process may include a Best and Final Offer (BAFO) stage for finalist Offerors. While Offerors are expected to submit their most competitive proposal—including pricing—during the initial submission, the City reserves the right to request revised proposals from select finalists.

The purpose of the BAFO is to allow Offerors to:

• Submit revised pricing or updated project elements

• Clarify key proposal components

• Strengthen alignment with evaluation criteria and funding goals

Offerors may also amend their proposal based on feedback provided during the Clarification meeting

9. Clarification Meeting

The City may require that the Offerors attend a Clarification Meeting to further clarify their 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.

This clarification may be held at the end of the RFP process to summarize all updates, adjustments, and mutual understandings reached between the Offerors and the City. The Procurement Manager may reach out via email or phone to request clarification on any materials identified, that require further explanation to support decision-making. It serves as a final confirmation of the scope, timeline, and terms discussed.

All major questions, documents, and project refinements should be addressed prior to this meeting. City staff and stakeholders may submit final clarifying questions in advance.

10. Recommendation of Awards

The CDC will enter Executive Session to discuss the recommendation of awards. Following the Executive Session, they may return to open session to announce their vote for the recommended awards, stating only the vendor names and the recommended award amount. The City of Santa Fe has the final decision on award.

11. Governing Body Approval

In accordance with NMSA 1978, Section 13-1-117, responsible Offerors whose proposals are most advantageous to the City—considering the evaluation factors in this RFP—will be recommended for award. However, a serious deficiency in any evaluation factor may result in disqualification regardless of overall score.

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.

12. Contract Award

The City reserves the right to make an award in the manner deemed most advantageous to the City and aligned with public interest. Specifically, the City may:

• Award to one or more Offerors;

• Award full proposals as submitted;

• Award portions of one or more proposals;

• Select components or features from multiple proposals to create a composite award;

• Negotiate certain terms or clarify elements of proposals prior to finalizing awards;

• Reject any or all proposals;

• Cancel or re-issue all or portions of the RFP if it is in the City's best interest to do so;

• Make no award under this RFP.

The highest-scoring proposal may not necessarily be awarded a contract. Final selection is based on a combination of proposal quality, alignment with City objectives, best value, and the City's sole discretion.

Contractors must not commence work until the City issues a Contract and Purchase Order.

13. Finalize Contracts

After approval of the Evaluation Committee Report, the City will make every effort to award contracts by the deadline set forth in the Sequence of Events. Any contracts resulting from this RFP will be finalized with the most advantageous

Offerors, 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 Offerors without initiating a new procurement process. The City may award one or multiple contracts, as determined to be in the City's best interest.

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 RFP. The 15-calendar day protest period shall begin on the day following the notice of award of contracts 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

General Requirements

A. Acceptance of Conditions Governing the Procurement

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

Governing the Procurement, as outlined herein.

B. Incurring Cost

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

C. Prime Contractor Responsibility

By receiving a contract resulting from this RFP, each awarded Contractor is solely responsible for fulfilling all contractual requirements with the City. The City will make payments only to the

Contractor(s) named in the executed agreement(s) and will not be responsible for any payments to subcontractors, third parties, or for any ancillary costs such as taxes, permits, or fees.

D. Subcontractors/Consent

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

E. Amended Proposals

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

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

F. Proposal Withdrawal

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

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

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 CPO shall examine the request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of proprietary or confidential information.

I. No Obligation

This RFP in no manner obligates the 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 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 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 include with their proposal, a complete list of any additional/modified terms and conditions they wish to have considered for inclusion in the final contract. Offerors must clearly identify the specific section(s) of the City’s draft contract they propose to modify and provide the exact language they wish to substitute or add. Failure to submit proposed terms at the time of proposal submission may result in the City deeming those terms waived during contract negotiations.

Q. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the 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 CPO, reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements, if all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the

Evaluation Committee and CPO.

T. Change in Contractor Representatives

The City reserves the right to require a change in the contractor’s assigned representative if, in the City’s judgment, the individual is not adequately meeting the City’s needs. If multiple representatives are assigned, the City may require changes to any or all of them as deemed necessary.

U. Notice of Penalties

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

V. City’s Rights

The City, 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 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 be registered and have a valid email address to receive correspondences.

AA. Use of Electronic Versions of This RFP

This RFP is being made available by electronic means. In the event of conflict between a version of the

RFP in the Offeror’s possession and the version maintained by the CPD, the Offeror acknowledges that the version maintained by the CPD shall govern. Please refer to:

https://procurement.opengov.com/portal/santafenm/projects/274430

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

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

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

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

Offeror is nonresponsive

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

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

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

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.

III. RESPONSE FORMAT AND ORGANIZATION

NUMBER OF RESPONSES

Offerors shall submit only one proposal in response to this RFP. Offerors may submit a proposal containing requests for multiple projects.

NUMBER OF COPIES

ELECTRONIC SUBMISSION ONLY

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

Offerors' proposals should be submitted as separate uploads, as outlined in this section. Each upload should be clearly labeled on the front page as “Public Proposal,” or “Confidential Proposal” (if the proposal has proprietary or confidential information, Offerors have the option to submit a separate confidential proposal that will not be disclosed to the public after award). A Public Proposal is required. If an Offeror proposes additions or modifications to the City’s Draft Contract, a third document titled “Contract Edits” may be submitted. These proposed changes should align with the guidelines in the General Requirements section and be summarized in the draft contract attachment reference.

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

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

As soon as you see this notice, verify that you can log in to your OpenGov account and access the RFP. Do not wait until the last minute to check your login credentials or ensure you can interact with the system. If you encounter login issues, email CPD at Purchasing@santafenm.gov and contact OpenGov at https://opengov.com/contact-us immediately to avoid delays.

Allow plenty of time to upload your proposal via OpenGov. If you experience issues, email CPD and OpenGov at least two hours before the deadline. Issues reported within the final two hours may not be resolved in time.

While the City will assist, timely resolution cannot be guaranteed if problems arise close to the deadline.

Submissions will be deemed late if not both:

1. Fully complete before the deadline.

2. Received via the submission link before the deadline.

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

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

REMEMBER TO CLICK THE SUBMIT BUTTON!

LATE PROPOSALS MAY NOT BE ACCEPTED

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

PROPOSAL FORMAT

Offerors should accurately complete all required forms in the Vendor Questionnaire, adhering to the provided format and any specific instructions within each question. Failure to comply may result in disqualification.

The City requires all documents to ensure a comprehensive and equitable evaluation process. Proposals lacking the Scope of Level/Expertise (SC/LE) Plan to include the Application & Proforma Workbook will receive a score of zero for the corresponding evaluation criteria. If the offeror has proposed edits to the Draft Contract, this must be submitted as a separate attachment.

IV. SCOPE OF WORK

Scope of Work mailto:Purchasing@santafenm.gov https://opengov.com/contact-us

The City of Santa Fe’s OAH seeks to identify and contract qualified organizations capable of delivering eligible affordable housing units as outlined under…