IFB FINAL.pdf

DEMING PUBLIC SCHOOLS

1001 SOUTH DIAMOND

DEMING, NM 88030

Vicki Chavez, Superintendent

REQUEST FOR BIDS

AIR FILTERS

IFB 24-08

OPENING DATE: May 17 2024, 3:00 PM MST

Commodity Codes: 03145

I. INTRODUCTION

The Deming Public Schools is accepting bids from qualified vendors to supply

Air filters for our school district.

II. SCOPE OF WORK

The successful vendor shall provide and deliver the Air filters by August 31, 2024. The attachment on this IFB identifies the type of filters required and the quantities. The Quantity of the air filters is an estimated amount and may be subject to change, the finalized quantities will be disclosed at completion of this Bid to the awarded vendor. The attachment is a part of the IFB and must be returned. Award may be made to multiple vendors or as a single award to one vendor, at the discretion of the schools.

III. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

The district will make every effort to adhere to the following schedule:

# Action Responsibility Date

1 Issuance of IFB District 05/17/2024

Deadline to Submit Written Questions

Potential Bidders

3:00pm on 05/23/2024

3 Response to Questions/IFB Amendments District 05/27/2024

4 Bid Submission Bidder 3:00pm on 06/07/2024

Bid Evaluation (N/A to Bid)

Committee

N/A

Selection & Notification of Finalist(s)

(N/A to Bid)

Committee N/A

7 District Recommendation to Board Board of Education 06/20/2024

8 Submission of Award District 06/21/2024

The Committee reserves the right to adjust the schedule for items #6 through #8 if the committee deems it necessary to provide adequate time for the evaluation of Bids.

IV. GENERAL REQUIREMENTS

A. Number of Copies

Filing electronically through Bidnet Direct, https://www.bidnetdirect.com/new-mexico/demingpublicschools.

The attachment provided in this IFB will need to be returned along with the Bid.

https://www.bidnetdirect.com/new-mexico/demingpublicschools https://www.bidnetdirect.com/new-mexico/demingpublicschools

V. FORMS

A. Campaign Contribution Disclosure Form Respondents are required to complete and return within its Bid a CAMPAIGN CONTRIBUTION FORM enclosed within this

IFB.

B. An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of

New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business

(or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the schools to consider your bid at five to ten percent less than the amount submitted and could mean a difference in award. Please note that this number is

NOT your State CRS Number (i.e., 01-503047-004). This section is void if using

Federal Funds to pay for services.

VI. CONTACTS

A. All questions regarding this Bid shall be submitted in writing, through fax transmittal or by e-mail, by 3:00 PM, May 20, 2024. All inquiries shall be directed to the Procurement

Officer stated herein. Oral explanations or instructions given prior to the award of a contract shall not be binding.

Questions and/or suggestions concerning this Bid shall be directed to:

Joe Adcock

Chief Procurement Officer

Phone No: (575) 546-8841

Fax No: (575) 546-8517

E-mail: procurement@demingps.org

B. Bidders shall not contact any other District official, evaluation committee member, or school district employee regarding this Bid or Bidders may be disqualified. The only approved contact shall be with the above referenced purchasing staff.

VII. GENERAL CONDITIONS

1. Acceptance of Conditions Governing the Procurement

Bidders must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a Bid constitutes acceptance of the

Evaluation Factors contained in this IFB.

2. Incurring Cost

Any cost incurred by the Bidder in preparation, transmittal, presentation of any Bid or material submitted in response to this IFB shall be borne solely by the Bidder.

3. Prime Contractor Responsibility

Any contract that may result from this IFB shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Agency. The Agency will make contract payments to only the prime contractor.

4. Subcontractors

Use of subcontractors must be clearly explained in the Bid, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance of whether subcontractors are used.

5. Amended Bids

Any Bidder may submit an amended Bid before the deadline for receipt of Bids. Such amended Bids must be complete replacements for a previously submitted Bid and must be clearly identified as such in the transmittal letter. The Deming Public Schools personnel will not merge, collate, or assemble Bid materials.

6. Bidders' Rights to Withdraw Bid

Bidders will be allowed to withdraw their Bids at any time prior to the deadline for receipt of Bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Procurement Officer. The approval or denial of withdrawal requests received after the deadline for receipt of the Bids is governed by the applicable procurement regulations.

7. Bid Bid Firm

Responses to this IFB, including Bid prices, will be considered firm for ninety (90) days after the due date for receipt of Bids or sixty (60) days after receipt of a best and final Bid if one is submitted.

8. Disclosure of Bid Contents

The Bids will be kept confidential until a contract is awarded or rejected by the Governing

Body of the Deming Public Schools at a public meeting. At that time, all Bids and documents pertaining to the Bids will be open to the public, except for material which is proprietary or confidential. The Procurement Officer will not disclose or make public any pages of a Bid on which the Bidder has stamped or imprinted "proprietary" or

"confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the Bid in order to facilitate eventual public inspection of the non-confidential portion of the Bid. Confidential data is normally restricted to confidential financial information concerning the Bidder's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-

3A-1 to 57-3A-7 NMSA 1978. The price of products Bided or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Bidder has made a written request for confidentiality, the District Purchasing Agent shall examine the Bidder's request and make a written determination that specifies which portions of the Bid should be disclosed. Unless the Bidder takes legal action to prevent the disclosure, the Bid will be so disclosed. The

Bid shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates the Deming Public Schools or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services Bided until a valid written contract is fully executed and approved by the Deming Public Schools, and other appropriate authorities.

10. Termination

This IFB may be canceled at any time and any and all Bids may be rejected in whole or in part when the Agency determines such action to be in the best interest of the Deming

Public Schools.

11. Sufficient Appropriation

Any contract awarded as a result of this IFB process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be affected by sending written notice to the contractor. The District's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review

The District requires that all Bidders agree to be bound by the General Requirements contained in this IFB. Any Bidder concerns must be promptly brought to the attention of the

Procurement Officer.

13. Basis for Bid

Only information supplied by the District Purchasing Agent in writing should be used as the basis for the preparation of Bidder Bids.

14. Bidder's Terms and Conditions

Bidders must submit with the Bid a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the Deming Public

Schools.

15. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the District and the selected Bidder and shall not be deemed an opportunity to amend the Bidder's Bid.

16. Bidder Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this IFB. The

Procurement Officer will reject the Bid of any Bidder who is not a responsible Bidder or fails to submit a responsive Bid as defined in Sections 13-1-83 and 13-185 NMSA 1978.

17. Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation

Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive Bids 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.

18. Change in Contractor Representatives

The District reserves the right to request/require a change in contractor representatives if the assigned representatives are not, in the opinion of the District, meeting its needs adequately.

19. Notice

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

20. Agency Rights

The Agency reserves the right to accept all or a portion of an Bidder's Bid.

21. Right to Publish

Throughout the duration of this procurement process and contract term, potential Bidders and contractors must secure from the District's written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the

Bidder's Bid or termination of the contract.

22. Ownership of Documents

All materials, work papers, meeting notes, design documents, or other documents produced by the contractor shall be the property of the Deming Public Schools. The original and one copy of all such documents shall be indexed and placed in appropriately labeled binders and delivered to the District Executive Administrative Assistant at the conclusion or termination of the contract.

23. Ownership of Bids

All documents submitted in response to this Request for Bids shall become the property of the Deming Public Schools.

24. Preference

An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New

Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the

State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native

American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the Schools to consider your bid at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004). This section is void if using Federal Funds to pay for services.

REQUIRED FORMS

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a Bid or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR

FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO

DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed Bid or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive Bid.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

ATTACHMENT (B) pg. 2

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for Bids and ending with the award of the contract or the cancellation of the request for Bids.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed Bid process set forth in the

Procurement Code or is not required to submit a competitive sealed Bid because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

Signature Date

Title (position)

ATTACHMENT (B) pg. 3

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS

($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title (position)