RFP-18-1 DWI PROGRAM SERVICES (1).pdf

THIS DOCUMENT CANNOT BE RE-DISTRIBUTED OR SOLD WITHOUT THE CONSENT OF THE CHAVES COUNTY PURCHASING DIRECTOR. IF YOU HAVE OBTAINED THIS DOCUMENT FROM A SOURCE OTHER THAN THE NM E-PROCUREMENT SYSTEM (BIDNET)

OR DIRECTLY FROM CHAVES COUNTY, PLEASE CONTACT THE CHAVES COUNTY PURCHASING DIRECTOR IMMEDIATELY AT 575-624- 6615 TO ENSURE YOU HAVE RECEIVED ALL DOCUMENTS RELATED TO THIS SOLICITATION. FAILURE TO COMPLY WITH THIS MAY

RESULT IN REJECTION OF YOUR PROPOSAL.

CHAVES COUNTY GOVERNMENT

REQUEST FOR PROPOSALS

RFP-18-1

DWI PROGRAM SERVICES FOR CHAVES COUNTY

NIGP code: 91710, 92418, 92442, 92476, 95206, 95221, 95262, 95283

Contracting Agency: Chaves County

Address: #1 St. Mary’s Place, P.O. Box 1817

Roswell, NM 88203 (P.O.B. 88202-1817)

Telephone: (575) 624-6615

Fax: (575) 624-6631

Issue Date: April 2017

Purchasing Director: Sandra Rodriguez

E-mail: purchasing@co.chaves.nm.us

Web Address: www.co.chaves.nm/248/Current-Bid-Opportunities

CHAVES COUNTY REQUEST FOR PROPOSALS

The Board of Chaves County Commissioners is requesting qualification-based competitive sealed proposals for DWI PROGRAM SERVICES FOR CHAVES COUNTY. Proposals will be accepted until opening at 2:00 P.M. Mountain Standard Time, April 12, 2018. Proposals must be submitted electronically via the Chaves County Public Portal (reference #3 under Instructions to Offerors in this RFP packet). At that time, proposals will be publicly opened and Offeror’s names disclosed. Proposal contents will not be read aloud. An evaluation committee will provide a recommendation for award to the Board of Chaves County Commissioners based on the highest-ranking offer in regard to specific criteria outlined in this Request for Proposals. Chaves County reserves the right to accept or reject any proposal or any part thereof; to defer action on the request for proposals; to reject all proposals; to waive any technicalities or informalities in solicitation process and to accept the proposal which, in its judgment, is most advantageous to the County.

IMPORTANT:

PROPOSALS DUE APRIL 12, 2018 AT 2:00 PM

PROPOSALS MUST BE SUBMITTED ELECTRONICALLY ONLINE VIA THE

CHAVES COUNTY PUBLIC PORTAL, REFERENCE #3 UNDER INSTRUCTIONS TO

OFFERORS IN THIS RFP PACKET FOR SUBMITTAL INFORMATION AND

INSTRUCTIONS.

THE RFP NUMBER AND THE OFFEROR’S NAME AND ADDRESS MUST APPEAR

CLEARLY ON THE COVER OR TITLE PAGE OF ALL PROPOSALS.

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING SPECIFICATIONS

OR CONDITIONS THAT WOULD PREVENT YOU FROM SUBMITTING A

PROPOSAL, CONTACT THE PURCHASING OFFICE IMMEDIATELY FOR

CLARIFICATION AND/OR CONSIDERATION OF AN ADDENDUM.

Sandra Rodríguez, CPO Chaves County Purchasing Director

Phone: (575) 624-6615 Fax (575) 624-6631 E-mail: purchasing@co.chaves.nm.us

Are you on our bid list?

Information Regarding Accessing

Chaves County Bids and Requests for Proposals (RFPs)

Would you like to have full access to all Chaves County Bid opportunities? Would it be convenient for you to have automatic notification when Chaves County or other public agencies issue solicitations for products or services that you offer? Chaves County posts all

Invitation to Bid or Request for Bid (ITB or RFB) and Request for Proposal (RFP) documents online via the web. Please take a moment to register. Our main registration site is listed below or you can go to the County’s website at www.chaves.nm.us and click on the

“Active Bids and RFPs” link toward the bottom of the page to access the sites available.

We look forward to your participation!

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RFP-18-1 – DWI PROGRAM SERVICES FOR CHAVES COUNTY

CHAVES COUNTY

REQUEST FOR PROPOSALS # RFP-18-1

GENERAL CONDITIONS

1. The Board of Chaves County Commissioners reserves the right to reject any and all proposals, to waive informality, technical defect, or clerical error in any proposal and to accept the proposal which in its judgment is most suitable and advantageous to the County.

2. Payment Terms: Payment by Credit Card (Visa) is the preferred method of payment for Chaves

County. Otherwise, a Purchase Order will be issued, and payment shall be made net 30 days from invoice date after receipt of goods/services unless otherwise specified on proposal form or as otherwise agreed by both parties. All invoices shall be submitted directly to the Chaves County Finance Department at #1 St.

Mary’s Place, PO Box 1597, Roswell, NM 88202-1597.

3. Equivalency: The County hereby reserves the right to approve as equivalent, or to reject as not being equivalent, any item the offeror proposes to furnish which contains variations from specification requirements but may comply substantially therewith. Such decisions are strictly at the discretion of the County. Offerors shall list on a separate sheet of paper any variations from or exceptions to the conditions and specifications of this request for proposals. This sheet shall be labeled "Exception(s) to

Specifications" and shall be included with proposal.

4. If there is any clarification, problem, ambiguity or question regarding this RFP, you must contact the

Purchasing Director prior to the proposal opening. Clarifications and ambiguities will not be considered after the proposal opening. Answers provided regarding the specifications or RFP package must be answered by the Purchasing Director. Questions answered by any other person or County Official shall be considered completely non-applicable to the legal provisions of this proposal except as authorized by the Purchasing Director. The County is not responsible for any errors or omissions contained in the offeror's proposal.

5. The terms and conditions outlined in the Request for Proposals, unless otherwise modified, shall govern the submission of proposals and subsequent contracts. The County reserves the right to reject any proposal which takes exception to these conditions. Chaves County will consider options other than requested.

Please note alternative options separately so that they are easily identifiable.

6. The contents of the proposal submitted by the successful respondent of the RFP will become public record upon award, and may become a part of any contract approved as a result of this solicitation. If there are portions of the proposal desired to be kept confidential, such as company financial information or any data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act §57-3A-1, NMSA 1978, it is necessary to provide a written request for non-disclosure of such information with the proposal. It is not acceptable under the NM State Procurement Code to request that either the entire proposal or the proposed cost of services be kept confidential.

GENERAL CONDITIONS CONTINUED:

7. Any pages marked “PROPOSAL FORM” included in this request for proposals packet shall be completed and submitted as part of the proposal.

8. Addenda: All changes, additions, and/or clarifications in connection with the RFP will be issued by the Chaves County Purchasing Director in the form of written addenda. The offeror shall acknowledge each addendum on the Information Form contained in this RFP packet. Verbal responses and/or representation are not acceptable.

9. The successful offeror expressly agrees to defend, indemnify and save harmless the County and its officer, agents and employees from and against any and all claims, suits, demands, actions, or proceedings of every nature and description brought because of any injury or damage received or sustained by any person, person(s), or property arising out of the provision of goods or services pursuant to the RFP, or by reason of any act or omission, neglect or misconduct of the offeror, the agents, employees or subcontractors of the offeror or the agents or employees of any subcontractor of the offeror. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage.

10. The State of New Mexico's Procurement Code, Section 13-1-28 through Section 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violations. In additions, the New Mexico Criminal Statutes imposes felony penalties for illegal bribes, gratuities and kickbacks.

11. Procedure: Proposals will be reviewed by a Selection Committee. Offerors who are deemed, on the basis of selection criteria, fully qualified and best suited among those submitting proposal may be requested to participate in discussions or interviews regarding their proposals. Discussion may cover cost, methods of delivery, and other relevant factors. Offerors will be ranked on the basis of selection criteria and/or information presented during discussions/interview(s). A recommendation will be taken before the Chaves County Commissioners for award. Once awarded, negotiations will be conducted with the successful offeror. If a satisfactory agreement can be reached, the contract shall be awarded to the offeror.

Otherwise, negotiations will either be conducted with each subsequent offeror until a satisfactory contract can be established or until the County determines the cancellation of the process is in the best interest of Chaves County.

12. Method of award: Award will be made to the offeror whose proposal is determined to be most professionally and technically complete. The selection process may, however, include a request for additional information or an oral presentation to support the written proposal; the prices offered will be considered firm and cannot be altered after receipt of proposals.

13. The County reserves the right to award this contract not necessarily to the offeror with the lowest price, but that demonstrates the best ability to fulfill the requirements of the request for proposals.

14. The successful offeror shall commence work only after the transmittal of a fully executed contract and/or after receiving other written notification to proceed from Chaves County. The successful offeror will perform all services indicated in the proposal in compliance with the negotiated contract.

15. Successful offeror must, in performance of work on this contract, agree to fully comply with all applicable federal, state and local laws, rules and regulations.

16. Late proposals will not be accepted. The public portal will cease to allow uploads at the deadline date and time specified in the RFP packet.

17. Proposals that do not meet the requirements set forth may be considered non-responsive.

18. All proposals submitted shall be binding upon the respondent for sixty (60) calendar days of the proposal submission date.

19. The County reserves the right to negotiate any and all elements of this RFP.

20. Price(s) shown (if applicable) in the proposal shall be exclusive of any applicable gross receipts tax;

however, applicable gross receipts tax shall be shown as a separate amount on each billing made under the contract.

21. All practices, materials, supplies and equipment shall comply with the Federal Occupations Safety and Health Act, as well as any pertinent Federal, State and/or Local codes, laws and regulations.

22. Respondents are prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this proposal or any resulting agreement, its rights, title, or interest therein, or its power to execute such agreement to any other person, company or corporation without the previous written approval of the County.

23. The County, or any of its agencies, reserves the right to refuse to hold harmless or indemnify any respondent for any liability whatsoever.

24. Non-collusion: Vendors, by submitting a signed proposal or proposal, certify that the accompanying proposal or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

25. Non-discrimination: Vendors, during the performance of this contract, will not discriminate against any employee or applicant for employment because of race, color, religion, creed, political ideas, sex, sexual preference, gender identity, national origin, age, marital status or physical or mental disability except where such is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. By signing and submitting a proposal, vendor agrees to comply with this paragraph.

26. This proposal is available for use by all Chaves County departments and other agencies, as provided for by law, at the discretion of the contracted vendor(s).

27. Chaves County reserves the right to reject any proposals from any offeror who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject the proposal from an offeror who is not in a position to perform such a contract satisfactorily, such is at the discretion of the County.

28. If a vendor to whom a contract is awarded refuses to accept the award or, fails to deliver in accordance with the contract terms and conditions, Chaves County may, in its discretion, suspend the contractor for a period of time from entering into any contracts with Chaves County.

29. This solicitation is governed by the laws of the State of New Mexico. By signing and submitting a proposal, the parties agree that any litigation concerning this request for proposals, or subsequent contract or purchase order must be brought in the Fifth Judicial District in and for Chaves County, State of New Mexico, and each party shall pay its own costs and attorney fees.

30. Award of this proposal is contingent upon available funding. This solicitation may be awarded in whole, part or none, whichever is deemed in the best interest of Chaves County.

31. Certificates of Insurance – The County shall be named as an additional insured on all required policies.

In addition, all policies shall include cross liability provisions. Workers’ Compensation coverage shall include a waiver of subrogation in favor of the County. The successful offeror shall provide the County with all certificates of insurance upon receipt of written notification of award and prior to the execution of any contract documents.

32. It is the responsibility of the offeror to ensure that any addenda issued for this Request for Proposals have been received prior to submitting a proposal. The County guarantees that addenda will be distributed and available to every party on the Distribution List for this solicitation. The County will not accept responsibility for addenda not being obtained, and will not guarantee that addenda will be forwarded or available if the original RFP packet was not obtained as directed. (See disclosure statement at the top of the front cover page). Addenda are automatically posted on the bid distribution sites used by the County, please refer to the page titled “Are you on our bid list?” included in this RFP. Registration will guarantee you have access to and/or automatically receive all addenda.

INSTRUCTIONS TO OFFERORS

1. DEFINITIONS AND TERMS

1.1 Addendum: a written or graphic instrument issued prior to the opening of Proposals which clarifies, corrects, or changes the Request for Proposals. Plural: addenda.

1.2 Consultant: means the Successful Offeror awarded the Agreement/Contract.

1.3 Determination: means the written documentation of a decision of the procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains (§12-1-52 NMSA 1978).

1.4 Offeror: any person, corporation, or partnership legally licensed to provide professional services in this state, who chooses to submit a proposal in response to this Request for Proposals.

1.5 Procurement Manager/Purchasing Director: means the person authorized by the Contracting Agency to manage or administer a procurement requiring the evaluation of proposals. (In regard to this RFP, the Procurement Manager is the Chaves County Purchasing Director.)

INSTRUCTION TO OFFERORS CONTINUED:

1.6 Request for Proposals: or "RFP" means all documents, including those attached or incorporated by reference, used for soliciting proposals (13-1-81 NMSA 1978).

1.7 Responsible Offeror or Proposer: means an offeror or proposer who submits a responsive proposal and who has furnished, when required, information and date to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal (§ 13-1-83 NMSA 1978).

1.8 Responsive Offer or Proposal: means an offer or proposal 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. (§ 13-

1-85 NMSA 1978).

1.9 The terms must, shall, will, is required, or are required, identify a mandatory item or factor. Failure to comply with a mandatory item or factor will result in the rejection of the offeror's proposal.

1.10 The terms can, may, should, preferably, or prefers to identify a desirable or discretionary item or factor.

2. REQUEST FOR PROPOSAL DOCUMENTS

2.1 Copies of Request for Proposals

A. A complete set of the Request for Proposals may be obtained from the Contracting Agency (unless another issuing office is designated in the RFP).

B. A complete set of the Request for Proposals shall be referred to when preparing proposals; the

Contracting Agency assumes no responsibility for errors or misinterpretations resulting from the use of an incomplete set of the Request for Proposals.

C. The Contracting Agency, in making copies of Request for Proposals available on the above terms, does so only for the purpose of obtaining proposals on the Project and does not confer a license or grant for any other use.

D. A copy of the RFP notice shall be posted and made available for public inspection.

2.2 Interpretations

A. All questions about the meaning or intent of the Request for Proposals shall be submitted to the Chaves County Purchasing Director in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the Contracting Agency as having received the Request for Proposals. Questions received less than five days prior to the date for opening of proposals will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

B. Offerors should promptly notify the Contracting Agency of any ambiguity, inconsistency, or error which they may discover upon examination of the Request for Proposals.

2.3 Addenda

A. Addenda will be distributed to all who are known by the Contracting Agency to have received a complete set of Request for Proposals. Addenda may be mailed by certified mail with return receipt requested, electronically posted and distributed, emailed, faxed or hand delivered.

B. Copies of Addenda will be made available for inspection wherever Request for Proposals are on file for that purpose.

C. No Addenda will be issued later than 5 days prior to the date for receipt of Proposals, except an Addendum withdrawing the Request for Proposals or one which includes postponement of the date for receipt of Proposals.

D. Each offeror shall ascertain, prior to submitting the Proposal, that the offeror has received all addenda issued, and shall acknowledge their receipt on the Proposal Form included in the packet.

3. PROPOSAL SUBMITTAL PROCEDURES

3.1 Proposals shall be submitted electronically online via Chaves County’s Public Portal.

3.2 Proposals shall be a maximum of 50 (fifty) pages, not including cover/title page or proposal forms.

3.3 The proposals shall be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated:

1. Cover letter

2. Written response and information regarding each of the items listed under Format of

Proposals of this RFP packet.

3. Additional information and response to all items (not previously included under #2) listed under Evaluation Criteria in this RFP packet.

4. Any additional pertinent information.

5. All proposal forms contained in this RFP packet.

3.4 Any proposal that does not adhere to this format, and which does not address each specification and requirement within the RFP may be deemed non-responsive and rejected on that basis.

3.5 Offerors may request, in writing, nondisclosure of confidential data. Such data should accompany the proposal and should be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. A request that states that the entire proposal is kept confidential will not be acceptable. Only matters which clearly are of a confidential nature will be considered.

3.6 Any cost incurred by the Offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

3.7 Sub consultants

A. The Offeror shall list and state the qualifications for each Subconsultant the Offeror proposes to use for all subcontracted work.

B. The Offeror is specifically advised that any person or other party to whom it is proposed to award a subcontract under this proposal, must be acceptable to the Contracting Agency after verification by the Contracting Agency of the current eligibility status, including but not limited to suspension or debarment by the Contracting Agency.

3.8 Proposal Submission Instructions – Follow these instructions to submit via our Public Portal:

A. Prepare your submission materials:

Requested Information:

Name Type Requirement

Proposal File Type: PDF (.pdf) Required

Please note that only ONE (1) file can be uploaded for each Requested Document above. If you upload more than one file into the same slot, the previous file will be overwritten. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

B. Upload your submission at:

http://chaves.bonfirehub.com/opportunities/7080

Your submission must be uploaded prior to the Closing Time of April 12, 2018, 2:00 PM MDT.

We strongly recommend that you give yourself sufficient time and at least ONE (1) hour before

Closing Time to begin the uploading process and to finalize your submission.

C. Important Notes:

• Each item of Requested Information is instantly sealed and will only be visible by Chaves

County after the Closing Time.

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

• Each Requested Document has a maximum size of 100MB. Any Requested Document exceeding this limit will not be accepted.

• Minimum system requirements: Internet Explorer 8/9/10+, Google Chrome, or Mozilla

Firefox. JavaScript must be enabled and Adobe Flash Player version 9+ installed.

D. Need Help?

Chaves County uses a Bonfire portal for accepting and evaluating proposals digitally. Please e-mail Bonfire at Support@GoBonfire.com for technical questions related to your submission or visit the help forum at https://bonfirehub.zendesk.com/hc

3.9 The system will only allow submissions to be uploaded until the date and time of opening. After that no uploads will be allowed.

3.10 A proposal containing a mistake discovered before RFP opening may be modified and reposted or withdrawn by an Offeror prior to the time set for proposal opening. Offerors may modify and re-post any submissions online up until the date and time of opening.

3.11 The Offeror shall assume full responsibility for timely posting of proposals on the County’s portal.

3.12 Hard copy, oral, telephonic, or telegraphic proposals are invalid and will not receive consideration.

3.13 Notice of Contract Requirement Binding on Offeror

A. In submitting this proposal, the Offeror represents that the Offeror has familiarized himself with the nature and extent of the Request for Proposals dealing with federal, state and local requirements which are part of these Request for Proposals.

B. Laws and Regulations: The Offeror's attention is directed to all applicable federal and state laws, local ordinances and regulations and the rules and regulations of all authorities having jurisdiction over the services of the Project.

3.14 Rejection of Cancellation of Proposals

This Request for Proposals may be canceled, or any or all proposals may be rejected in whole or in part, which it is in the best interest of the Contracting Agency. A determination containing the reasons therefor shall be made part of the project file (§ 13-1-131-NMSA 1978).

4. CONSIDERATION OF PROPOSALS

4.1 Receipt, Opening and Recording

A. Proposals received on time will be opened in the presence of one or more witnesses and the name of the Offeror and address will be read aloud.

B. The names of all businesses submitting proposals and the names of all businesses, if any, selected for interview shall be public information. After award has been made, final ranking and evaluation scores for all proposals shall become public information. (§ 13-1- 120 NMSA 1978). The contents of any proposals shall not be disclosed so as to be available to competing Offerors during the negotiation process (§ 13-1-132 NMSA 1978).

4.2 Proposal Evaluation

A. Proposals shall be evaluated on the basis of demonstrated competence and qualification for the type of service required, and shall be based on the evaluation factors set forth in this RFP. For the purpose of conducting discussions, proposals may initially be classified as:

1) acceptable,

2) potentially acceptable, that is, reasonably assured of being made acceptable, or

3) unacceptable (Offerors whose proposals are unacceptable shall be notified promptly).

B. The Contracting Agency shall have the right to waive technical irregularities in the form of the

Proposal of the Offeror which do not alter the quality or quantity of the services (§ 13-1-132

NMSA 1978).

C. If an Offeror who otherwise would have been awarded a contract is found not to be a responsible

Offeror, a determination that the Offeror is not a responsible Offeror, setting forth the basis of the finding, shall be prepared by the Purchasing Director/Procurement Manager. The unreasonable failure of the Offeror to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Offeror is not a responsible Offeror (§13- 1-133 NMSA 1978). Businesses which have not been selected shall be so notified in writing within twenty-one days after an award is made (§ 13-1-120 NMSA 1978).

D. Selection Process: (§13-1-120 NMSA 1978)

1) The evaluation of proposals will be performed by an evaluation committee composed of representatives selected by the Contracting Agency. The committee shall evaluate statements of qualifications and performance data submitted by at least three business in regard to the particular project and may conduct interviews with and may require public presentation by all businesses applying for selection regarding their qualifications, their approach to the project and their ability to furnish the required services.

2) If fewer than three businesses have submitted a statement of qualifications for a particular project, the committee may:

a) Rank in order of qualifications and submit to the local governing body for award those businesses which have submitted a statement of qualifications; or

b) Recommend termination of the selection process and sending out of new notices of the proposed procurement pursuant to §13-1-104 NMSA 1978.

4.3 Negotiations (§13-1-122 NMSA 1978)

A. The Contracting Agency's designee shall negotiate a contract with the highest qualified business for the services contemplated under this RFP compensation determined in writing to be fair and reasonable. In making this decision, the designee shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature of the services.

Should the designee be unable to negotiate a satisfactory contract with the business considered to be the most qualified at a price determined to be fair and reasonable, negotiations with that business shall be formally terminated. The designee shall then undertake negotiations with the second most qualified business. Failing accord with the second most qualified business, the designee shall formally terminate negotiations with that business.

C. The designee shall then undertake negotiations with the third most qualified business.

D. Should the designee be unable to negotiate a contract with any of the businesses selected by the committee, additional business shall be ranked in order of their qualifications and the designee shall continue negotiations in accordance with this section until a contract is signed with a qualified business or the procurement process is terminated and a new request for proposals is initiated.

E. The Contracting Agency shall publicly announce the business selected for award.

4.4 Notice of Award

After award by the local governing body, a written notice of award shall be issued by the Contracting Agency after review and approval of the Proposal and related documents by the Contracting Agency with reasonable promptness (§13-1-100 and §13-1-108 NMSA 1978).

5. POST-PROPOSAL INFORMATION

5.1 Protests

A. Any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Chaves County Purchasing Director in accordance with the requirements of the Contracting Agency's Procurement Regulations and the state Procurement Code. The protest should be made in writing within 15 calendar days after the facts or occurrences giving rise thereto

(§13-1-172 NMSA 1978).

B. In the event of a timely protest under this section, the Purchasing Director and the Contracting

Agency shall not proceed further with the procurement unless the Purchasing Director makes a determination that the award of Agreement is necessary to protect substantial interests of the Contracting Agency (§13-1-173 NMSA 1978).

C. The Purchasing Director shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Offeror concerning a procurement. This authority shall be exercised in accordance with adopted regulations, but shall not include the authority to award money damages or attorneys' fees (§13-1-174 NMSA 1978).

D. The Purchasing Director shall promptly issue a determination relating to the protest. The determination shall:

1) state the reasons for the action taken; and

2) inform the protestant of the right to judicial review of the determination pursuant to §13-

1-183 NMSA 1978.

E. A copy of the determination issued under §13-1-175 NMSA 1978 shall immediately be mailed to the protestant and other Offerors involved in the procurement (§13-1-176 NMSA 1978).

5.2 Execution and Approval of Agreement

The Agreement shall be signed by the Successful Offeror and returned within an agreed upon time frame after the date of the Notice of Award. No Agreement shall be effective until it has been fully executed by all of the parties thereto.

5.3 Notice to Proceed

The Contracting Agency will issue a written Notice to Proceed to the Consultant.

5.4 Offeror's Qualification Statement

Offeror to whom award of an Agreement is under consideration shall submit, upon request, information and data to prove that their financial resources, production or service facilities, personnel and service reputation and experience are adequate to make satisfactory delivery of the services described in the Request for Proposals (§13-1-82 NMSA 1978).

SCOPE OF WORK

Chaves County (the County) desires to contract for various DWI Program Services for Chaves County. There are six (6) separate components for which proposals may be submitted. The different components are outlined below. Offerors may submit a proposal for one, any combination of, or all components. Proposals will be evaluated and awarded based on each individual component. A contract agreement will be negotiated with the successful offeror(s) based on the individual scopes of work outlined in this Request for Proposals (RFP). The County reserves the right to award any component separately or in any combination, whichever the County deems to be in its best interest. Any offeror who requires an “all or none” award based on more than one component may be deemed non-responsive, unless the offeror is the highest ranking for all components proposed. The County anticipates entering into a one year contract for each component, with the option to renew for up to three additional one year terms, for a total contract period not to exceed four years. All components specified are grant funded, and are therefore subject to contract termination if at any time funding is discontinued or otherwise not available.

COMPONENTS:

* DWI Related Domestic Abuse Education *

The Contractor shall provide the following services:

A. Utilize the DWI Grant funding exclusively for the benefit of Chaves County.

B. Seek to decrease alcohol and substance abuse among the children and families being served by providing offender and victim impact training.

C. Provide project management for the initiative and provide the initial monies necessary for the implementation of the program.

D. Provide the Chaves County DWI Program Coordinator with Budget and expenditure information of grant funds monthly.

E. Submit a detailed course description detailing any activities, alternative alcohol, drug and violence -free social / educational activities, skill development events.

F. Compile and provide expenditures and statistical information required for the Chaves County DWI distribution grant evaluation report.

G. Participate in the monthly DWI Planning Council Meetings.

H. Develop and implement an evidence based educational component involving life-skills training. Maintain information on activities and successes by implementing “pre” and “post” testing.

I. Must comply to the NMAC 8.8.7.1 through 8.8.7.18 rules.

J. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting program activities, number of clients, attendance and non-attendance, make-up sessions, status of participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted is true and correct to the best of my ability.”

* DWI Screener *

A. Shall be LADAC certified to conduct Alcohol/Drug Screenings and Evaluations.

B. Conduct DWI Alcohol Screenings through personal interviews and self-administered surveys for all convicted DWI offenders referred by the Courts in accordance with the provisions of the Chaves County DWI Grant Program Screening Protocol, which specifies use of the ADE Needs Assessment Survey as a part of that protocol. Report the results of the screening and recommended treatment programs to the referring Court and DWI Probation Officer.

C. Provide input data for the Chaves County DWI Grant Data System Manager/Tracker concerning completion of Alcohol Screening Outcomes and Offender Profiles as they are prepared. The maximum allowable time between conduct of the screening and preparation of the outcome shall be ten (10) working days.

D. Provide Warning Letters to convicted DWI’s concerning their need to fully comply with the requirements of their sentence for DWI School and Alcohol Screening.

E. Provide the DWI Probation Officer and applicable Court where appropriate, with consistent and timely information on convicted DWI’s who are in Non-Compliance with the requirement for DWI School, Alcohol Screening or Screening-Referred Treatment.

F. Provide the judicial system with oral briefings/question and answer sessions and written reports on an as-required basis. Participate in the activities of the Chaves County DWI Planning Council.

G. Provide the Chaves County DWI Grant Program Coordinator with monthly documentation on the amount of payments collected from DWI offenders who were screened.

H. Provide close coordination with the Courts, DWI Probation Officer and the DWI Grant Program

Coordinator.

I. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting program activities, number of clients, attendance and non-attendance, make-up sessions, status of participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted

* DWI Treatment Program *

DWI Treatment Counseling

A. Treatment providers MUST be licensed to practice in the State of NM and MUST follow evidence based treatment practices.

B. Through assessment to determine the required level of care, initial therapy provided in individual sessions focusing on motivation, self-awareness and client-therapist relationship, followed by assignment to group sessions either didactic or group therapy, or both.

C. As clients reach treatment goals, recommend an aftercare plan for their voluntary participation, or required participation if the client is still under supervised probation ordered by the Courts.

D. Develop a system for makeup sessions and enforce the policy on missed session make-ups. Provide close coordination with the DWI Probation Officer concerning the compliance of clients with their required treatment.

E. Conduct quarterly follow-up client contacts, using a random sampling of clients who have completed the program, for the purpose of internal program evaluation.

F. Maintain individual records of assessments, treatment plans, actual treatment activities, after care recommendations and such other records consistent with the requirements of the New Mexico Department of Health, the Federal Government and the National Association of Alcohol and Drug Abuse Counselors.

G. Participate in the DWI Planning Council activities. Provide close coordination with the Alcohol Screener, DWI Probation Officer and the DWI Grant Program Coordinator.

H. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted

Jailed Based Treatment Programs

A. Programs to adult and juvenile offenders. To provide incarcerated inmates with an educational program suitable to the current needs of our society, the courts, and the law enforcement. The contractor will provide life-skills training, substance abuse education, relapse prevention, corrective thinking, health education, social responsibility, and parenting skills for adults to make the right choices in their lives and to build healthy relationships with their families and communities.

B. The contractor will present information on how to access valuable resources in the community that will provide job training, housing, legal services, and continued education.

C. The contractor will provide life-skills training to teens that include self-esteem, self-reliance, resiliency, emotional intelligence, family dynamics, domestic/dating violence, code-dependency awareness, and social responsibility.

D. The contractor will present information on general crime, laws, narcotics, and substance abuse dealing with real issues in a manner consistent with the need of today’s youth at risk and adults who continue to offend. Gang related activities that deal with the manufacture and delivery of controlled substances and alcohol abuse will be addressed.

E. Develop and implement an evidence based educational component involving life-skills training.

Maintain information on activities and successes by implementing “pre” and “post” testing.

F. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted

* DWI Prevention Specialist *

A. Must be a Certified Prevention Specialist.

B. Organize and solicit prevention programs within Chaves County. To include schools, businesses and community events focusing on DWI Prevention Awareness on high risk communities within Chaves County.

C. Develop and implement an evidence based educational component involving life-skills training.

D. Provide technical guidance for the development of a year-long program of activities and leadership training for each of the schools.

E. Provide technical guidance on the preparation of monthly reports on activities, alternative alcohol, drug and violence-free social/educational activities, skill development events and In-Kind expenditures and statistical information required for the Evaluation Report. Provide the DWI grant Program Coordinator with a consolidated monthly report covering an overview of program accomplishments, problems and solutions, together with a consolidated report providing the statistical information required for the Evaluation report.

F. Participate in the DWI Planning Council activities. Provide close coordination with the Alcohol Screener, DWI Probation Officer and the DWI Grant Program Coordinator.

G. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted

Alternative Sentencing Program

A. The courts with sentencing alternatives to traditional incarceration, including electronic monitoring devices, alcohol monitoring devices, community custody, DWI drug courts, and community service.

B. Develop and implement an evidence based educational component involving life-skills training.

C. Submit a monthly summary report to the Chaves County DWI Grant Program Coordinator documenting participants and their projected completion of treatment, together with the results of the internal evaluation. The report will include the following certification: “I certify that the information submitted

SPECIFIC CONDITIONS

1. Proposals shall be received by April 12, 2018 p.m. Mountain Time. Late proposals will not be allowed.

2. Offeror shall submit their proposal documents online via Chaves County’s Public Portal. Please reference section 3 under General Conditions of this RFP packet for instructions and information regarding submission.

3. The terms of this Agreement are contingent upon sufficient excise tax distribution by the State of New

Mexico to Chaves County. If sufficient funds are not distributed, (1) the Scope of Work and Compensation may be renegotiated to achieve financial balance for the County and an acceptable Scope of Work for the Contractor, or (2) the Agreement shall terminate upon written notice being given by the County to the Contractor. Further, if determined by Chaves County to be required for financial solvency, professional services may be adjusted down on an equitable basis so that overall Local DWI Distribution Grant expenditures are within the level of overall distributions by the State of New Mexico.

4. Pursuant to Section 13-1-115 NMSA 1978, negotiations may be conducted with responsible offerors who submit proposals found to be reasonably likely to be selected for award.

5. The maximum grant funding available for the provision of these services is inclusive of NM gross receipts tax. Additional costs are not funded and will not be considered.

6. The Contractor shall maintain, for six (6) years, detailed time records which indicate the date, time and nature of services rendered. These records shall be subject to inspection by the County, the Department of Finance and the State Auditor. The County reserves the right to audit billings both before and after payment.

7. Proposals shall be no more than 20 pages in length, including all proposal forms. Excluded from this count are cover page, table of contents, tab dividers and back cover.

8. The Contractor shall maintain, for six (6) years, detailed time records which indicate the date, time and nature of services rendered. These records shall be subject to inspection by the County, the Department of Finance and the State Auditor. The County reserves the right to audit billings both before and after payment.

9. Insurance: The successful offeror shall agree to provide and maintain in full force and effect throughout the term of the contract, at no expense to the County, a Comprehensive General Liability policy in the amount of One Million Dollars ($1,000,000.00). Said policy shall cover liability arising from, or alleged to have arisen from, any act or failure to act by the provider in the performance of services. Such policy shall name Chaves County as additionally insured. Applicable certificate(s) of insurance shall be submitted to the County upon execution of a contract.

11. Any fees proposed are subject to negotiation prior to execution of a contract with the successful offeror.

The County also reserves the right to re-negotiate fees annually as necessary at the time of contract renewal, based on available funding and services provided.

FACTORS FOR EVALUATION

Proposals will be evaluated on the basis of the written proposal and any requested presentations.

Offerors are requested to provide a narrative indicating their ability to provide services based on the following rating criteria. Applicants are encouraged to provide any additional information that may be relevant to this proposal. All offerors may be subject to a background check. For the purpose of this evaluation, “scope of work” refers to the scope of work for the individual program (“component”) for which the applicant is responding.

Knowledge - 20 Points General familiarity with services and issues as they pertain to the scope of work.

Experience - 10 points Specific experience in providing relevant programs.

Qualifications-25 points Include any relevant training or education

Capacity - 20 Points Skills and resources available to the offeror and offeror’s ability to provide all of the elements of the scope of work and meet the specific criteria set forth.

Cost – 25 Points Proposed fee for provision of services relating to the scope of work.

100 Total Possible Points

P R O P O S A L F O R M

PROPOSAL FORM PAGE 1

This page and all others marked “Proposal Form” shall be completed and submitted with proposal.

VENDOR CERTIFICATION INFORMATION

By signing this page and submitting a proposal, offeror hereby agrees that they have read and understand all terms, conditions and requirements set forth in this RFP.

Signature

Printed Name & Title

Firm Name

Mailing Address

City/State/Zip

Phone/Fax Number(s)

E-mail Address (If applicable)

Addenda acknowledgement (if applicable):

Addendum No. _________; Date ___________________; Initials __________________ Addendum No. _________; Date ___________________; Initials __________________ Addendum No. _________; Date ___________________; Initials __________________

Statement of Non-Discrimination: (Company) does not discriminate on the basis of color, national origin, sex, religion, age or disabled status in employment of the provision of services.

Signature Date

PROPOSAL FORM PAGE 2

REQUEST FOR TAXPAYER INFORMATION AND CERTIFICATION

(In Lieu of IRS Form W-9)

Please complete the following information:

Vendor Name: ______________________________________________________________

Mailing Address: ____________________________________________________________

City, State Zip: _____________________________________________________________

Telephone Number: _________________________________ Fax Number: _________________

Representative: ________________________________________________________________

Type of Organization (Check One): ( )Single ( )Partnership ( )Corporation ( )Government ( )Medical Provider

Federal Tax ID No. or Social Security No.__________________________________________

New Mexico CRS Number (if applicable): __________________________________________

Is your firm designated as a non-profit organization? Yes No

Is your firm exempt from income tax? Yes No

Is your firm a dealer of retail supplies or provide a service for which you furnish parts Yes No

Payment Terms: Chaves County pays net within 30 days of receipt of invoice unless otherwise stated below: _________________________________________________

Certification - Under penalties of perjury, I certify that:

(1) The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

(2) I am not subject to backup withholding either because I have not been notified by the

Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the IRS has notified me that I am no longer subject to backup withholding (does not apply to real estate transactions, mortgage interest paid, the acquisition of abandonment of secured property, contributions to an individual retirement arrangement (IRA), and payments other than interest and dividends).

Certification Instructions: You must cross out item two (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your return.

Signature: ______________________________________

Title: __________________________________________

FOR COUNTY USE ONLY

VENDOR #

PROPOSAL FORM PAGE 3

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Purs…