Insurance_Broker_Services_(Addendum_#2_Revision).pdf

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

AND

Buckman Direct Diversion

REQUEST FOR PROPOSALS (RFP)

RFP#: FY26-RFP-026 - Insurance Broker Services

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

I. INTRODUCTION

PURPOSE OF THIS RFP

The City of Santa Fe, acting on behalf of the Buckman Direct Diversion Board (BDDB) and the Santa Fe Solid Waste

Management Agency (SFSWMA) is procuring Insurance Broker Services (Broker) for, but not limited to, various liability, property, fire, business auto, extended coverage, and any other insurance necessary to adequately protect Board members/elected officials, assets, staff and operations. The selected Broker shall also provide comprehensive brokerage, advisory, claims management, and risk control services to BDDB and SFSWMA, individually. The Broker will act as the representative in the insurance marketplace, responsible for designing, marketing, and placing a complete insurance program for each of the entities. The Broker will be expected to solicit and evaluate competitive proposals from qualified insurers, negotiate renewals and placements, and ensure that the BDDB and SFSWMA receive the best possible coverage, terms, pricing. All references to the “City” within this document shall be understood to mean the City of Santa Fe in its capacity as fiscal agent and administrative support for BDDB and SFSWMA.

BACKGROUND INFORMATION

Buckman Direct Diversion The BDDB is a joint entity formed under a Joint Powers Agreement (JPA) by and between the City of Santa Fe (CITY) and

Santa Fe County (County) dated March 7, 2005. The BDDB oversees the Buckman Direct Diversion (BDD) Project which diverts water from the Rio Grande for delivery to the City, County and the Las Campanas development.

The BDDB maintains several facilities for the delivery of water service. The service area diverts water from the Rio Grande for a distance of 13 miles to the BBD plant. The plant capacity is 18.3 million gallons per day (MGD) at peak, 8 million gallons of pre-sedimentation, 15 million gallons at water treatment, 4 million gallons of water storage, and up to 10 million gallons of treated water at the pump stations. The BDD Project facilities include, but are not limited to, screened river intake, raw and treated water pipelines, low lift pump station, sediment removal facility, booster stations, 13 total acres with solar facilities and

32 acres of habitat restoration. The BDDB employs approximately 33 employees in operations, administration, safety, regulatory and maintenance.

Operations of the facility began May 2, 2011. Operations are fully funded by the City, County, and Las Campanas entities who are billed pursuant to the Facility Operations and Procedures Agreement (FOPA) dated October

16, 2006. Specified insurance is required in Section 23 of the JPA Agreement which will be designed, placed and serviced by the selected broker.

The BDDB oversees the BDD Project, a critical infrastructure system that diverts water from the Rio Grande for use by the

City, County, and the Las Campanas development.

The BDD Project includes:

• A 13-mile water conveyance system from the Rio Grande to the BDD plant.

• Treatment and storage facilities with capacities of:

o 18.3 MGD (peak capacity), o 8 MGD (pre-sedimentation), o 15 MGD (treatment), o 4 MGD (storage), o Up to 10 MGD (treated water at pump stations).

• Key infrastructure components: river intake, raw/treated water pipelines, pump stations, sediment removal facilities, booster stations, solar facilities (13 acres), and habitat restoration areas (32 acres).

• A workforce of approximately 33 employees across operations, maintenance, safety, administration, and regulatory compliance.

Santa Fe Solid Waste Management Agency

The Santa Fe Solid Waste Management Agency (Agency) is a public entity that is jointly owned by the City of Santa Fe and

Santa Fe County under the terms of the New Mexico Joint Powers Agreements (JPA) Act (Sections 11-1-1 through 11-1-7

NMSA 1978). Since 1995, the JPA delegated the Agency the power to plan for, operate, construct, maintain, repair, replace or expand the Caja del Rio Landfill (Landfill), which is located at 149 Wildlife Way, Santa Fe, NM.

The Agency property boundary for the Landfill encompasses 646.4 acres of which 495 acres is permitted for disposal and composting activities.

In 2006, under a lease agreement with the City of Santa Fe, the Agency took over the operation of the Buckman Road

Recycling and Transfer Station (BuRRT), which is located at 2600 Buckman Road, Santa Fe, NM.

Caja del Rio Landfill (Landfill):

On November 25, 2015, the New Mexico Environmental Department (NMED) issued the Landfill Solid Waste Facility Permit

No. SWB-0226357. The 20-year permit is for acceptance of municipal solid waste, and construction and demolition (C&D) debris. The NMED also issued the Landfill Special Waste Permit No. SWB-0226358 (SP) for acceptance of six special waste categories: sludge, industrial solid waste, petroleum-contaminated soil, a spill of a chemical substance or commercial product, treated formerly characteristic hazardous waste, and special waste not otherwise specified (wash sump). The Landfill also accepts green waste (mulch), manure, and food waste for composting. SFSWMA currently accepts municipal solid waste, construction and demolition (C&D) debris, sludge and petroleum-contaminated soil. Though the SFSWMA is permitted to take the remaining special wastes, at this time, they have not been disposed of at the Landfill.

Buckman Road Recycling and Transfer Station (BuRRT):

On June 12, 2017, the New Mexico Environmental Department (NMED) issued BuRRT Solid Waste Facility Permit No. SWM-

261707. The 20-year permit is for acceptance of municipal solid waste collected by government entities, private haulers, and residents. The permit allows BuRRT to divert these materials from disposal:

• Mixed recyclables

• Household hazardous waste (HHW)

• Universal waste – batteries and mercury lamp bulbs

• Scrap metal/white goods

• Scrap tires

• Green waste

• Electronic waste (e-waste)

• Glass

Public Officials, Employment Practices, Professional, Operational and Auto Liability:

The SFSWMA has a variety of operational liability exposures, potentially including, but not limited to:

• Garbage Hauling

• Landfill

• Streets/Roads

• Vehicle Fleet

The SFSWMA Board includes up to eight Board Members (four City seats and four Santa Fe County seats) and employs a total of 43 full time employees, of which 74% are union employees, with an annual turnover rate of 12% to 21% over the last two years. The SFSWMA has a human resource manager, utilizes standard job applications for all employees, and has written job descriptions for all positions. Personnel are trained in discrimination and harassment prevention, harassment claims are investigated, and are subject to an annual employment evaluation or review.

Property:

SFSWMA is requesting applicable insurance coverage for two buildings at the Landfill, the administration and scale house. The maintenance shop will be relocated and has reached the end of its useful life. SFSWMA is in the process of design, relocation and construction activities. Once constructed, SFSWMA will request coverage and incorporate the new maintenance shop to be part of the overall policy.

BuRRT encompasses a total of five buildings including: administration, transfer station, bale room, scale house and household hazardous waste building. Of the five buildings, SFSWMA owns the bale room and household hazardous waste buildings. The remaining buildings are leased from the City of Santa Fe as part of the lease agreement. At this time, SFSWMA is requesting applicable insurance coverage for the bale room and household hazardous waste buildings at BuRRT, On March 12, 2026 the buildings at both the Landfill and BuRRT were individually appraised for their replacement cost values.

Business/Commercial Auto:

SFSWMA maintains a fleet of vehicles, heavy-duty trucks and trailers, and heavy equipment. Work orders and preventative maintenance is tracked using Fleetio, a cloud-based fleet management software designed to help track, analyze, and improve fleet operations. The operation involves limited transport of hazardous materials for maintenance purposes. SFSWMA utilizes a lube truck to fuel equipment, top off fluids, and grease in the field at both the Landfill and BuRRT.

Over the years, SFSWMA has purchased a combination of both new and used vehicles, heavy-duty trucks and trailers, and heavy equipment. Therefore, the Broker will need to advise SFSWMA on what units will require full auto coverage, versus those that may not. SFSWMA envisions a variety of coverage levels based upon the type of units and their respective uses, unless advised otherwise.

Environmental Pollution Legal Liability:

SFSWMA is required to carry Environmental Pollution Legal Liability for both the Landfill and BuRRT for bodily injury and property damage resulting from pollution conditions. Coverage is also required for off-site cleanup costs resulting from new pollution conditions.

The Landfill also requires coverage for petroleum storage tanks. SFSWMA currently has two above-ground tanks for diesel and unleaded fuel, 6,000 gallons and 500 gallons, respectively. The diesel tank is a regulated tank in accordance with New Mexico

State Statutes. SFSWMA also has one underground storage tank for oily water storage tied to the maintenance shop operation.

SCOPE OF PROCUREMENT

The City of Santa Fe, acting on behalf of the Buckman Direct Diversion Board (BDDB) and the Santa Fe Solid Waste

Management Agency (SFSWMA) is procuring Insurance Broker Services (Broker) for, but not limited to, various liability, property, fire, business auto, extended coverage, and any other insurance necessary to adequately protect Board members/elected officials, assets, staff and operations.

Each resulting contract/agreement will be a single, multi-term award for four (4) years. In accordance with Section 13-1-150

NMSA 1978, no contract/agreement term for a professional services contract/agreement, including extensions and renewals shall exceed four years.

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

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/agreement.

D. “Award” means the point at which the contract/agreement document has been fully executed. See also

“Contract/Agreement” 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. "BDD" Buckman Direct Diversion

G. "BDDB" Buckman Direct Diversion Board

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

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

J. “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.

K. “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.

L. “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.

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

Finance Director.

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

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

PM Mountain Time.

P. “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.

Q. “Contract/Agreement” means any legally binding document (Contract/Agreement or Price Agreement) issued for the procurement of items of tangible personal property, services, or construction.

R. “Contractor” means any business having a contract/agreement with the BDDB or SFSWMA.

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

T. “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.

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

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

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

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

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

Y. “Final Award” means the point at which the contract/agreement(s) resulting from this RFP have been fully executed through the final required signature—either by the BDDB or by the SFSWMA Board— thereby making the contract/agreement(s) legally binding. See also “Contract/Agreement.”

Z. “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.

AA. “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.

BB. “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/agreement term.

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

DD. “Living Wage” means the minimum hourly wage established by the Santa Fe County and/or

City of Santa Fe’s Living Wage Ordinance, which contractors must comply with, as applicable and as posted on their respective websites.

EE. “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.

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

GG. “Multiple Source Award” means an award of an indefinite quantity contract/agreement for one or more similar services, items of tangible personal property or construction to more than one Offeror.

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

II. “OpenGov” means the City of Santa Fe, BDDB and SFSWMA’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.

JJ. “Price Agreement” means a definite quantity contract/agreement or indefinite quantity contract/agreement which requires the contractor to furnish items of tangible personal property, services or construction to the City of Santa Fe, BDDB, SFSWMA, a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

KK. “Procurement Manager” or “PM” means any person authorized by both the CPD, the

Requesting Department, and SFSWMA to facilitate the procurement process and/or administer the resulting contract/agreement(s). The Procurement Managers are responsible for managing all aspects of the procurement, including planning and coordinating all related events; ensuring that all required information is provided for potential offerors, the Evaluation Committee, and CPD for their respective entities. The Procurement Managers are the sole point of contact for potential offerors, BDDB/SFSWMA staff, and CPD must direct all questions or information through the PMs.

LL. “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.

MM. “Protest” means a formal, written objection to a solicitation or contract/agreement award, submitted in accordance with NMSA 1978, Section 13-1-172 and Procurement Manual, to the Protest

Manager identified in this RFP.

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

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

PP. “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.

QQ. “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.

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

SS. “SFSWMA” means the Santa Fe Solid Waste Management Agency.

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

UU. "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/agreement resulting from this RFP.

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

PROCUREMENT MANAGER

The Procurement Managers who are responsible for the conduct of this procurement whose name, address, telephone number, and email address are listed below:

Name BDD - Alexis Garcia, Administrative Manager

SFSWMA - Danita Boettner, Procurement Manager

Telephone Number BDD - (505) 955-4508

SFSWMA - (505) 424-1850 ext. 110

Email BDD - ajgarcia1@santafenm.gov

SFSWMA - dboettner@sfswma.org

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

Procurement Portal at https://procurement.opengov.com/portal/santafenm/projects/203663.

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/203663

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.

SEQUENCE OF EVENTS

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

Issue RFP: April 20, 2026

Pre-Proposal Meeting (Non-Mandatory): April 27, 2026, 10:00am

Teams:

https://teams.microsoft.com/meet/27282133

497668?p=ANS8cmRPaApX9zv9Ym

Deadline for Written Questions: April 28, 2026, 5:00pm

Response to Written Questions: April 29, 2026, 5:00pm

Proposals Due Date: May 11, 2026, 3:00pm

Blind Evaluation*: May 12, 2026, 5:00pm

Interviews*: May 14, 2026

Identification of Potential Best-Valued

Offeror(s)*:

May 15, 2026

First Clarification Meeting*: May 19, 2026, 3:00pm

Final Clarification Meeting*: May 20, 2026, 3:00pm

Best and Final Offers*: May 21, 2026 https://procurement.opengov.com/portal/santafenm/projects/203663 https://procurement.opengov.com/portal/santafenm/projects/203663 https://teams.microsoft.com/meet/27282133497668?p=ANS8cmRPaApX9zv9Ym https://teams.microsoft.com/meet/27282133497668?p=ANS8cmRPaApX9zv9Ym

BDDB Approval*: June 4, 2026

SFSWMA Approval*: June 18, 2026

Contract/Agreement Award*: July 1, 2026

*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 BDDB and SFSWMA 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

Teams: https://teams.microsoft.com/meet/27282133497668?p=ANS8cmRPaApX9zv9Ym Potential

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

ALL PROPOSALS MUST BE SUBMITTED FOR REVIEW AND EVALUATION BY THE CPD

AND EVALUATION COMMITTEE VIA UPLOAD.

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

F. Blind Evaluation

The Procurement Managers will establish an Evaluation Committee (EC) to evaluate proposals in accordance with the Timeline or as soon as feasible. The EC will evaluate proposals based on the criteria specified in the Evaluation Phases of this RFP, using the metrics presented in each proposal and aligning them with the BDDB/SFSWMA’s needs, as detailed in the Scope/Level of Expertise Plan (SC/LE) and

Value Added Plan.

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

Evaluation Factor.

G. Interviews

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

Proposal if requested.

H. 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 BDDB/SFSWMA 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.

I. First Clarification Meeting

The BDDB/SFSWMA may ask the finalist Offerors to attend a First Clarification Meeting to present their proposal and to identify additional issues or concerns that the BDDB/SFSWMA may have. It is also an opportunity to meet all participants who may be a stakeholder in the project.

J. 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 BDDB/SFSWMA stakeholders must not wait for the meeting to ask questions. All coordination and planning with the

BDDB/SFSWMA should be completed prior to the Clarification Phase Summary Presentation meeting on the RFP Procurement schedule.

K. 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.

L. Finalize Contracts/Agreements

After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this

RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per 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

BDDB/SFSWMA reserves the right to finalize a contractual agreement with the next most advantageous

Offeror(s) without undertaking a new procurement process.

M. BDDB/SFSWMA Board Approval

The BDDB and SFSWMA Board will approve and sign their respective contract/agreement for professional services rendered.

N. Contract/Agreement Awards

Upon receipt of the signed contract/agreement, the BDDB/SFSWMA will award pursuant to the

Timeline, or as soon as possible thereafter. The award is subject to appropriate BDDB and SFSWMA approval. Contractors must not commence work until the BDDB/SFSWMA issues them a Purchase

Order (PO) and instructions to start.

O. 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/agreement(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

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/agreement resulting from this RFP, each awarded Contractor is solely responsible for fulfilling all contractual requirements with the BDDB/SFSWMA. 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/amendment, whether subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the BDDB/SFSWMA before any subcontractor is used during the term of the resultant contract/agreement.

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 BDDB/SFSWMA will evaluate only the most recent, complete version submitted prior to the deadline. City/BDDB/SFSWMA 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 Managers, and signed by a duly authorized representative of the Offeror. Withdrawal requests received after the Proposal Due

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

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 BDDB/SFSWMA. 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 BDDB/SFSWMA to the use of any Offeror’s services until a valid written contract/agreement 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

BDDB/SFSWMA determines such action to be in the best interest of the BDDB and SFSWMA.

K. Sufficient Appropriation

Any contract/agreement 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/BDDB/SFSWMA’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

L. Legal Review

The BDDB/SFSWMA 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 Managers or contained in this

RFP shall be used as the basis for the preparation of Offeror proposals.

O. Contract/Agreement Terms and Conditions

The contract/agreement between the BDDB/SFSWMA and a contractor will follow the format specified by the BDDB/SFSWMA and contain the terms and conditions set forth in the Draft

Contract/Agreement. However, the BDDB/SFSWMA reserves the right to negotiate provisions in addition to those contained in this RFP Draft Contract/Agreement 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/agreement.

The BDDB/SFSWMA discourages exceptions from the contract/agreement terms and conditions as set forth in the Draft Contract/Agreement. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the BDDB/SFSWMA (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/Agreement strongly enough to propose alternate terms and conditions despite the above, the

Offeror must propose specific alternative language. The BDDB/SFSWMA 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/Agreement are not acceptable to the BDDB/SFSWMA and will result in the 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 and/or during clarification phase 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 BDDB/SFSWMA’s draft contract/agreement 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 BDDB/SFSWMA deeming those terms waived during contract/agreement negotiations.

Q. Contract/Agreement 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 BDDB/SFSWMA 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 BDDB/SFSWMA reserves the right to require a change in the contractor’s assigned representative if, in the BDDB/SFSWMA’s judgment, the individual is not adequately meeting the BDDB/SFSWMA’s needs. If multiple representatives are assigned, the BDDB/SFSWMA 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/BDDB/SFSWMA’s Rights

The City/BDDB/SFSWMA, 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/agreement term, Offerors and contractors must secure from the BDDB/SFSWMA written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or

BDDB/SFSWMA contracts/agreements deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract/agreement.

X. Ownership of Proposals

All documents submitted in response to the RFP shall become property of the City/BDDB/SFSWMA. 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/agreement 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

BDDB/SFSWMA.

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 BDDB/SFSWMA’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/203663

BB. Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Forms, 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, BDDB, SFSWMA Board of

Directors or other identified officials. Failure to complete and return the signed, unaltered forms will result in Offeror’s disqualification.

CC. Disclosure Regarding Responsibility

1. Any prospective Contractor and any of its Principals who enter a contract/agreement 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/agreement 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:

https://procurement.opengov.com/portal/santafenm/projects/203663

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/agreement 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 or agreements 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/agreement’s Notice section if, at any time during the term of the contract/agreement, 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/agreement. However, such disclosures will be considered when evaluating the Contractor’s responsibility and capacity to perform under the contract/agreement.

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

DD. Local Preferences

Percentages will be determined based upon the point-based system outlined in NMSA 1978, Section 13-

1-21. a) New Mexico Resident Business Preference / Native American Resident Preference

If an Offeror has provided a copy of its New Mexico Resident Preference Certificate or Native

American Resident Preference Certificate, the points awarded will be calculated as 8% of the total points available in this RFP. b) New Mexico/Native American Resident Veteran Preference

If an Offeror has provided a copy of its New Mexico Resident Veteran Preference Certificate or Native

American Resident Veteran Preference Certificate the points awarded will be calculated as 10% of the total points available in this RFP.Local Preference: An Offeror who submits to the Agency a valid City of Santa Fe or Santa Fe County Business License with a local address shall receive a five (5) percent preference. The local preference applies only to offers received when the BDDB/SFSWMA procures services through a competitive sealed proposal process. An Offeror is eligible for the local preference in addition to either the Resident/Native American business preference or the Resident/Native American

Veteran preference.

III. RESPONSE FORMAT AND ORGANIZATION

NUMBER OF RESPONSES

Offerors shall submit only one proposal in response to this RFP.

NUMBER OF COPIES

Of…