RFP-GC-ColumbusES-MemorialES-HVAC-Reroof--12.5.23.pdf

PSFA RFP for Construction Ver. 1.6-2019 Edition_2.1.2023

Check here if this is not a PSCOC funded project.

Note: If checked, any reference to PSCOC or PSFA does not apply.

DISTRICT RFP NO: _24-01 PSFA PROJECT NO: S24-001 & S24-002

COMMODITY CODES:

Construction – General: 91223

Carpentry: 91427

Demolition Services: 91240

For Contracting Agency: _Deming Public Schools _________________________________

(District Name)

Contact Person: _Amanda Stockman____________________________________________

Address: _1001 South Diamond _________________________________________________

City/State/Zip: _Deming, New Mexico 88030 ______________________________________

Telephone: 575-546-8841_Fax: _____________ E-Mail: Procurement@demingps.org

DEADLINE FOR RECEIPT OF PROPOSALS IS AS FOLLOWS:

DATE: _January 9, 2024_______________ TIME: _2:00PM____________MST___X____

DELIVER TO: _1001 South Diamond Ave Deming NM 88030

Late Proposals will not be accepted. It is the responsibility of the Offeror to ensure that proposals are delivered on time to the correct electronic website or District address stated in the solicitation.

A PRE-PROPOSAL CONFERENCE will __X__ will not ___ be held as follows:

DATE: _December 21, 2023______________ TIME: _10:00AM____________MST

LOCATION: _1001 South Diamond – Central Office Board Room___________________

CITY/STATE/ZIP___Deming, New Mexico 88030 ___________________________________

Note: Any unauthorized change to the language or forms issued in this Project Manual or identified in any addenda shall render your proposal ‘nonresponsive.

(Deming Public Schools) (Columbus ES HVAC & Memorial ES HVAC & Reroof )

REQUEST FOR PROPOSAL

FOR

(Columbus ES HVAC & Memorial ES

HVAC and Reroof)

(Deming Public Schools)

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

00 1119 RFP DOCUMENT TABLE OF CONTENTS

PROJECT PROPOSAL DOCUMENTS – Drawings and Specifications

A. Project Deposit Instructions

B. Locations to Review Project Proposal Documents

C. Project Price Proposal Information

D. Project Proposal Security

E. Subcontractor Listing Forms and Bonding

F. Completion Time and Liquidated Damages

G. Method of Award

H. Form of Agreement Between the Owner and Contractor

I. PROJECT INFORMATION

A. Purpose of this Request for Proposal

B. Project Funding

C. Project Description

D. Project Contacts

E. Project Planning Schedule (Tentative)

F. Summary Scope of Services

G. Terminology

H. Procurement Library

II. CONDITIONS GOVERNING THE PROCUREMENT

A. Sequence of Events

B. Explanation of Sequence of Events

1. Issue RFP

2. Pre-Proposal Conference

3. Deadline to Submit Written Questions re: RFP Process

4. Response to Written Questions, RFP Process and Addendum

5. Deadline – Release of last Addenda Prior to Submission of Proposal

6. Submission of Proposal

7. Proposal Evaluation

8. Notice of Short-Listed Offerors

9. Interviews of Short-Listed Offerors

10. Issue Recommendation of Award to Board of Education

11. Contract Negotiations

12. Issue Notice of Award and Prepare Contract

13. Protest Deadline

C. Standard Conditions Governing the Procurement

1. Protests

2. Incurring Cost

3. Third-Party or Subcontracting GC Contract Requirements

4. Amendments or Modifications to a Proposal by Offeror

5. Late Withdrawals or Late Modifications

6. Disclosure of Proposal Contents

7. Confidential Data

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

8. Termination

9. Sufficient Appropriation

10. Offeror Qualifications

11. Right to Waive Minor Irregularities

12. Notice

13. Release of Information

14. Project Reporting

15. New Mexico Prevailing Wage Rates

16. Clarifications from Offerors

17. Licensing Requirements

18. Subcontractors

III. RFP RESPONSE FORMAT AND ORGANIZATION

A. Number of Responses

B. Number of Copies of Responses

C. Submission of Proposal

Hand Carried, Common Carrier or USPS

D. General Response Instructions and Information

VOLUME I – TECHNICAL PROPOSAL

A. Technical Proposal Format

B. Tabs/Evaluation Categories

Tab 1. Signed Letter of Submittal& Mandatory Forms

Subcontractor Listing Forms

Preference Certificate (if applicable)

Campaign Contribution Form

Letter of Submittal Requirements Paragraph 1 through 9

Tab 2A & 2B.

2A. General Contractor Qualifications Statement Summary

2A. General Contractor Attachments

2B. Subcontractor Qualifications Statement Summary

2B. Subcontractor Attachments

Tab 3. Past Performance

Tab 4. Project Staffing

Tab 5. Management Plan

Tab 6. Health & Safety

Tab 7. New Mexico Produced Work

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

VOLUME II - PRICE PROPOSAL – 1 Original only required.

IV. PROPOSAL EVALUATION

A. Evaluation Process and Scoring Methodology

1. Receipt and Opening of Proposals

2. Evaluation Committee

3. Technical Proposal

4. Price Proposal

5. Valid Preference Certificate for one of the following: NM Resident Business

Certificate, Native American Resident Business Certificate, Resident Veteran

Business Certificate, or Native American Resident Veteran Business Certificate

6. Proposal Discussions

7. Interviews

8. Short-Listed Offeror Withdrawal from Interview

B. Evaluation Criteria

C. Campaign Contribution Form

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

PROJECT PROPOSAL DOCUMENTS

Drawings and Specifications

For

(Deming Public Schools) & The

STATE OF NEW MEXICO

PUBLIC SCHOOL FACILITIES AUTHORITY

A. PROJECT DEPOSIT INSTRUCTIONS

Proposal Documents may be obtained at AKS Architecture, P.C. upon payment of $___200.00_ for each complete set. CHECKS SHOULD BE MADE PAYABLE TO (Deming Public Schools).

Incomplete sets will not be issued. The successful Offeror will receive refund of his deposit, and any unsuccessful Offeror who returns the Proposal Documents in good and complete condition within fifteen (15) days of the Proposal Opening will also receive refund of this deposit. No deposits will be returned after the fifteen-day period.

B. LOCATIONS TO REVIEW PROJECT PROPOSAL DOCUMENTS:

Design Professional of Record: AKS Architecture, P.C.

Address: 1691 Hickory Loop

City/State/Zip: Las Cruces, NM 88005 Telephone: 575-523-1310

1. Dodge Reports, 1615 University Boulevard NE, Albuquerque, NM 87102 Telephone:

(505) 243-2817

2. Reed Construction Data (CMD), 3351 Candelaria, NE, Suite D, Albuquerque, NM 87107

Telephone: (505) 881-8590

3. Construction Reporter, 1609 Second Street NW, Albuquerque, NM 87102 Telephone:

(505) 243-9793

4. Plan-it Room, 1155 Westmorland Dr. #102, El Paso TX 79925 Telephone: (915) 781-2900

C. PROJECT PRICE PROPOSAL INFORMATION:

Price Proposals shall be presented in the form of a total Base Proposal under a Lump Sum Contract plus any additive or deductive alternates, or Bid Lots, per the Proposal Form (Section 00 41 13), Allowances (Section 01 21 00) and Alternates (Section 01 23 00) as selected by the Owner. A proposal must be submitted on all proposal items, allowances and alternates; segregated proposals will not be accepted.

NOTE: Proposal price shall not include state gross receipts or local options taxes. Taxes will be included in the Contracted Amount at prevailing rates as a separate item to be paid by Owner.

In submitting this proposal, each Offeror must satisfy all terms and conditions of the Proposal

Documents. All work covered by this Request for Proposal shall be in accordance with applicable state laws and, if price proposal amount is $60,000 or more, is subject to the minimum wage rate determination issued by the office of the NM Work Force Solutions Department for this project.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

Refer to Supplementary Conditions (Section 00 73 00). If the price proposal amount of the contractor or any subcontractor exceeds $60,000, the contractor and/or subcontractor must comply with the registration requirements pursuant to the NM Work Force Solutions Department

Registration Act.

D. PROJECT PROPOSAL SECURITY

If Offeror proposal price is greater than $25,000, Offeror shall provide proposal security in the form of a surety bond executed by a surety company authorized to do business in the State of New

Mexico in the amount of 5% of the total price proposal, or the equivalent in cash by means of a cashier's check or in a form satisfactory to the Owner, must accompany each price proposal in accordance with the Instructions to Offerors.

A 100% Performance Bond and a 100% Payment and Materials Bond executed by a surety company authorized to do business in the State of New Mexico shall be required from the successful Offeror prior to award of contract. The amount of the Bonds shall be the proposal price exclusive of gross receipts tax.

The AIA A312 1984 or 2010 Labor and Materials Payment Bond shall in effect, limit the time line

Surety has to respond. The Payment Bond shall be modified as follows:

“Paragraph 6 of this Payment Bond is deleted in its entirety and replaced with the following provision: Within 45 days (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has received at its home office all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety’s or the Contractor’s defenses under this Bond or their right to dispute such claim. However in such event the claimant may bring suit against the Surety Company and provided under this Bond.”

E. SUBCONTRACTOR LISTING FORMS AND BONDING

IMPORTANT: PLEASE READ:

1. 00 43 34 SUBCONTRACTOR QUALIFICATIONS STATEMENT LISTING FORM

And

00 43 36 SUBCONTRACTOR AND ANTI-TRUST COMBINED LISTING FORM:

BOTH completed Forms SHALL BE PLACED IMMEDIATELY AFTER YOUR

LETTER OF TRANSMITTAL. The Committee shall evaluate the entire GC ‘TEAM’ which includes all of the subcontractors that meet the listing thresholds.

2. SUBCONTRACTOR QUALIFICATIONS STATEMENTS: one (1) copy of each subcontractor Qualifications Statement shall be submitted in the technical proposal. Please ensure that the Qualifications Statements included match the subcontractors you’ve listed on the 00 43 34 Form.

NOTE: The District may allow additional time to produce the additional required copies of the Qualifications Statements to be submitted to the Procurement Manager at the date and

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030 time stated in the Sequence of Events Section II A, and RFP Response Format and

Organization Section III C, to ensure a timely delivery of the original technical proposal. If not stated, all copies of the Qualifications Statements must be submitted with the original on the date and time stated.

Qualifications Statement listing threshold is 5% of the Architect Estimate or $50,000, whichever is greater.

3. 00 4336 STANDARD SUBCONTRACTOR LISTING FORM AND BONDING

Completed Form 00 43 36, the standard Subcontractor Listing Form shall list the subcontractors responsible for the work that meet the listing threshold per statute, one half of one percent or $5,000, whichever is greater.

Each subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor’s contract (to the General Contractor) for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more.

Failure of a Subcontractor to provide required bond shall not subject the Owner to any increase in cost due to approved substitution of Subcontractor.

F. COMPLETION TIME AND LIQUIDATED DAMAGES:

The Proposal Documents contain a time for completion of the work and further impose liquidated damages for failure to complete the work within the stated time period. No Offeror may withdraw his proposal for 45 days after the actual date of the opening thereof.

G. METHOD OF AWARD:

The Owner intends to award this Project to the highest ranked Offeror in accordance with the

Request For Proposal requirements. The Owner reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Offeror whose proposal it deems to be in the best interest of the Owner.*

*NOTE: Please read all of the RFP documents carefully for mandatory requirements.

H. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

The agreement for the work shall be the PSFA Standard Form of Agreement Between the Owner and Contractor 2019 Edition Ver. 3.5 and General Conditions, 2019 Version 3.1a, with the basis of payment as a Stipulated Sum. This document is printed in its entirety in the Project Manual, and it is also available on the PSFA website at www.nmpsfa.org, under Contract Documents and Forms.

I. PROJECT INFORMATION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

Pursuant to the NM Procurement Code governing the competitive sealed proposal process for construction, more specifically 13-1-111, NMSA 1978, 1.4.1.29 through 1.4.1.1.46, and NMAC

1.4.8.1 through 1.4.8.17, the District has made a determination that the use of the competitive sealed bidding method of procurement is not advantageous to ensure that the project described herein is http://www.nmpsfa.org/

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030 delivered in a quality manner, and within time and budget constraints. Therefore, it is hereby determined that soliciting competitively sealed proposals for construction of Columbus ES HVAC & Memorial ES HVAC & Reroof is the most effective means to ensure the project is delivered accordingly.

The award of a contract for construction shall take into consideration certain contractor qualification and performance factors that add value to a procurement contract. Factors such as contractor past performance, technical expertise and experience, management capabilities and resources, subcontractor teams and craft personnel resources, will form the basis for the criteria to be considered, in addition to lump sum price to perform the scope of work. Award shall be made in accordance with the terms, conditions, and requirements stated herein.

This is a qualifications based selection with cost as a consideration. The Offeror is required to provide the qualifications and other documents as requested in this RFP. The Price Proposal will be evaluated separately from the Technical Proposal.

B. PROJECT FUNDING

The District and Public School Capital Outlay Council/Public School Facilities Authority have funds to administer this project and will be referred to throughout the contract documents as “Owner”.

The Design Professional estimate of probable construction cost is:

Columbus Elementary: $ 2,596,000.00* Memorial Elementary: $ 2,000,000.00*

*(Note: This estimate does not include NM Gross Receipts Tax)

C. PROJECT DESCRIPTION

The project is described as:

Columbus Elementary HVAC includes, but is not limited to, the replacement of the existing geothermal heat pump system with a VRF mechanical system.

Memorial Elementary HVAC and Re-roof includes, but is not limited to, the removal of the existing TPO roofing system and replacement with a new PVC roofing system and the replacement of the existing roof top HVAC units.

D. PROJECT CONTACTS

Any questions concerning the selection process for this Request for Proposals shall be submitted to the Procurement Manager listed below. Technical questions regarding the scope of work shall be submitted to the Design Professional of record, and if appropriate, to the District Representative.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

For questions regarding the selection process:

Procurement Contact Name: Amanda Stockman Address: 1001 South Diamond City/State/Zip: Deming, NM 88030 Phone Number: 575-546-8841 Email Address: Procurement@demingps.org

For technical questions regarding the scope of work, drawings and specifications:

District Design Professional: AKS Architecture Address: 1691 Hickory Loop, Ste A City/State/Zip: Las Cruces, NM 88011 Phone Number: 575-523-1310 Email Address: aksarchitecture.com

PSFA Regional Manager Contact Name: Martin Vasquez Address: 1312 Basehart SE City/State/Zip: Albuquerque, NM 87106-4365 Phone Number: 915-346-4075 Email Address: mvasquez@nmpsfa.org

E. PROJECT PLANNING SCHEDULE

Key project planning schedule milestones are:

Tentative Notice of Intent to Award January 18, 2024

Tentative Notice of Award January 22, 2024

Anticipated Substantial Completion TBD

F. SUMMARY SCOPE OF SERVICES

A summary of services the General Contractor shall perform to complete the Project, include, but are not limited to, the following:

a. Planning, supervision and timely completion of the Project

b. Prepare, monitor, and maintain Project schedule

c. Material procurement, delivery, and storage

d. Submittals and Project documentation

e. Manage construction labor and materials

f. Coordinate with Owner direct labor, subcontractors, and Owner furnished equipment suppliers, if applicable

g. Manage site access, safety, security, and quality control

h. Manage testing, inspections

i. Coordination of all utility inspections

j. Project close-out and warranty period

G. DEFINITIONS AND TERMINOLOGY

This section contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

“Architect” means a member of the project team who is a New Mexico licensed architect and is responsible for the architectural services.

“Award of Contract” shall mean a formal written notice by the District that a firm has been selected to enter into negotiations for a contract for construction services.

“Construction Industries Division – licensing treatment of general and limited partnerships and joint ventures.

(1) General partnerships are to be separately licenses when the partnership is bidding for and performing the work, provided that partnerships are legally authorized to do business in NM in order to be licensed but not requiring that they be separately licensed, see 14.6.3.8

(B)(3) NMAC.

(2) Limited partnerships are required to be separately licenses even though one or more of its partners holds a license or qualifying party certificate (14.6.3.8(B)(1) NMAC.

(3) Joint ventures must be separately licensed per 14.6.3.8(B)(2)(a) NMAC. No two or more persons shall submit a joint bid or jointly engage in contracting unless operating as a validly licensed joint venture.

“Construction Contractor” means successful Offeror awarded the contract that holds a current State of New Mexico general contractor license designation of GB-98.

“Contract” means an agreement between a state agency or school district and a New Mexico licensed contractor for the work covered by this RFP.

“Contract Documents” means any one, or combination, of the following documents: Agreement Between the Owner and the General Contractor for Construction, General Conditions of the Contract for Construction, and the drawings and specifications.

“Contractor” means any person, corporation, or partnership that has entered into a contract with a state agency or a local public body.

“Co-Owner” means the Public School Facilities Authority, on behalf of the Public School Capital Outlay Council that is funding or partially funding the project.

“Department of Finance and Administration (DFA)” is the cabinet agency with central accounting authority and responsibility, which issue payments for work performed under this RFP involving DCP/PSCOC funding.

“Design Professional” means architect or engineer.

“Determination” means the written documentation of a decision of the District and/or the Selection Committee, including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Limited partnership” is formed upon the filing of a certificate of limited partnership with the

Secretary of State. Limited partnership shall state whether partners are general or limited.

General partners are agents of the limited partnership, may manage the limited partnership, and may be held liable for the limited partnership’s obligations.

“Joint venture” is a partnership formed for a single transaction. As a partnership, it can be created without a formal, written agreement meeting (1) a community of interest in the performance of a common purpose; (2) a joint proprietary interest in the subject matter, (3) a

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030 mutual right to control, (4) a right to share in the profits, and (5) a duty to share in any losses which may be sustained.

“Offeror” is any person, corporation, or partnership who chooses to submit a proposal in response to this RFP.

“Owner” is the District.

“Partnership” is an ‘association of two or more persons who become co-owners of a business for profit per NMSA 1978 54-1A-202(a) 1996. Note: When forming a partnership, written partnership agreements are not required. ‘In a ‘general partnership’ each partner is an agent of and may bind the partnership unless the partnership has limited that partner’s authority.

“Proposal” is the Offerors response to this RFP.

“Public School Capital Outlay Council (PSCOC)” is the body with responsibility to approve allocations for public school capital outlay assistance.

“Public School Facilities Authority (PSFA)” is the agency, under the Public School Capital Outlay Council (PSCOC) charged with responsibility for overseeing projects and shall serve as the owner’s representative for work performed under this RFP.

"Request for Proposals" or "RFP" means all documents, attached or incorporated by reference, used for soliciting proposals for this project.

“Resident Business Preference” means a business that has a valid resident business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1-21 NMSA 1978 as amended.

“Native American Resident Business Preference” means a business that has a valid Native

American resident business certificate issued by the New Mexico Taxation and Revenue

Department pursuant to §13-1-21 NMSA 1978 as amended.

“Resident Veteran Business Preference” means a business that has a valid resident veteran business certificate issued by the New Mexico Taxation and Revenue Department pursuant to

§13-1-21 NMSA 1978 as amended.

“Native American Resident Veteran Business Preference” means a business that has a valid Native American resident veteran business certificate issued by the New Mexico Taxation and Revenue Department pursuant to §13-1-21 NMSA 1978 as amended.

“RFP Documents” means any one, or combination, of the following documents: Request for

Proposal, technical proposal, price proposal, contractor qualification statement, subcontractor qualification statements, Price Proposal.

"Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data 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.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal, which conforms in all material, respects to the requirements set forth in the RFP. Material respects of a RFP include, but are not limited to quality, quantity or delivery requirements.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

"Selection Committee or Evaluation Committee" means a body constituted in accordance with Section 13-1-121 NMSA 1978 and 1.4.8.16 NMAC 2005 to perform the evaluation of Offeror proposals and make a recommendation for selection (short list) or final selection recommendation to the governing body. The Evaluation Committee consists of a minimum of three members, should collectively possess expertise in the technical requirements of the project, construction design and contracting.

“Statement of Qualifications Forms” means the forms included as part of this RFP, which all Offerors shall complete, including the qualification for the team member or partners and subcontractors proposed for the project.

“Technical Irregularities” are matters of form rather than substance evident from the Offeror proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Offerors; that is, when there is no effect on price, quality or quantity. If discussions are not held or if best and final offers upon which award will be made have been received, the Evaluation Committee may waive such irregularities or allow an Offeror to correct them if either is in the best interest of the Owner. Examples include, but are not limited to the failure of the Offeror to:

a) Submit the number of signed proposals required by the RFP

b) Sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the Offeror’s intent to be bound; or

c) Acknowledge receipt of an amendment to the RFP, but only if: (1) it is clear from the proposal that the Offeror received the amendment and intended to be bound by its terms; or

(2) the amendment involved had no effect on price, quality or quantity.

Note: A technical irregularity can be waived if the irregularity does not affect quality, price, or time elements of the project.

"User" means the school district staff occupying the facility or facilities, for which a project is being designed.

"User Contact" is the person designated by the District to speak on behalf of the staff concerning the scope of work and programming requirements for the project.

The terms "must," "shall," "will," "is required," or "are required" identify a necessary item or factor. Failure to comply with such an item or factor may result in the rejection of the Offerors proposal.

The terms "can," "may," "should," "preferably," or "prefers" identifies a desirable or discretionary item or factor. Failure to comply with such an item or factor may result in the rejection of the Offerors proposal. Rejection of the proposal will be subject to review by the Selection Committee and the final decision on rejection will be made by the Committee Chairman.

H. PROCUREMENT LIBRARY

A document library has been established for Offerors to review. The library contains the information listed below and the content of each item can be located on the PSFA website at https://www.PSFA.org (Website Path) Administration > Procurement > Document Library for

RFPs.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

Guidelines to the New Mexico Public School Adequacy Standards:

NMAC 6.27.30 Statewide Adequacy Standards

NMAC 6.27.31 Special Purpose Schools Adequacy Planning Guide

NMAC Rules – Public School Capital Outlay Council (NMAC 6.27.1 & 6.27.2)

Facilities Master Plan Scope of Work Checklist

Facilities Master Plan Scope of Work Checklist Charter

The State of New Mexico PSFA HVAC and Controls Performance Assurance Program

Manual

The State of New Mexico PSFA TAB Performance Assurance Contractor Manual

The State of New Mexico PSFA Roofing Program Handbook

Procurement Regulations NMAC 1.4.1.1. may be obtained from the following website:

https://www.generalservices.state.nm.us https://www.generalservices.state.nm.us/uploads/files/SPD/User%20Guides/1%204%201%20NMAC.pdf

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP outlines and describes the major events of the selection process and the conditions that govern this procurement.

A. SEQUENCE OF EVENTS

Action Responsibility Date / Time

1. Issue RFP District December 14, 2023

2.

Pre-Proposal Conference District

Location: 1001 S. Diamond Board Room December 21, 2023

10:00AM

Note: Mandatory Yes

3.

Deadline to Submit Written Questions re: RFP

Process Potential Offerors January 2, 2024

4.

Response to Written Questions re: RFP Process and Addendum District January 5, 2024

5.

Date of Release of Last Addenda

Prior to Submission of Proposal Design Professional January 5, 2024

6. Submission of Proposal Offerors January 9, 2024

2:00PM

6A.

Submission of Copies of

Technical Proposals (If applicable) Offerors

January 10, 2024

2:00PM

7. Proposal Evaluation Evaluation Committee January 11, 2024

8. Notice of Short Listed Offerors Procurement Manager TBD

9. Interviews of Short-listed Offerors (If held) Evaluation Committee

& Offerors

TBD

10.

Issue Recommendation of Award to Governing

Board/Notice of Intent to Award

Procurement Manager

& Design Professional January 18, 2024

11. Contract Negotiations District January 19, 2024

12. Issue Notice of Award, Prepare Contract Design Professional &

District January 22, 2024

13. Protest of Award Deadline Offeror(s) TBD

B. EXPLANATION OF SEQUENCE OF EVENTS

1. Issue RFP This RFP is issued by the District in accordance with the provisions of Sections 13-1-111 and 13-1-117 NMSA 1978, General Government Administration Procurement Regulations NMAC 1.4.1.29 through 1.4.1.47, and General Government Administration Procurement Code Regulations for Use of Competitive Sealed Proposals for Construction and Facility Maintenance, Services and Repairs, NMAC 1.4.8.1 through 1.4.8.17.

2. Pre-Proposal Conference This is the date and time of the meeting to review the RFP documents, including the Scope of Work, Response Format, Schedule, and Price Proposal requirements.

In addition to the Pre-Proposal Meeting, the Owner may allow Prospective Offerors the opportunity to visit with the project User Representative with permission from the District Representative. Please note that after the proposal submission due date, the Offerors are not allowed any contact without the District Representative’s permission. The

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

District may, however, contact Offerors for clarification purposes, changes in the Schedule of Events, notices of non-responsiveness or responsiveness of proposals, and notices of shortlist status and/or interviews.

3. Deadline to Submit Written Questions regarding the RFP Process This is the date and time set for submitting written questions regarding the RFP document and procurement process to the Procurement Manager. Note: questions regarding the drawings and specifications shall be directed to the Design Professional.

4. Response to Written Questions to RFP Process and Addendum This is the date and time set by the Procurement Manager to issue a response to written questions regarding the RFP procuring document or the procurement process. The Procurement Manager will coordinate this response with the Design Professional to be included in the issuance of addenda, if applicable.

5. Date of Release of Last Addenda Prior to Submission of Proposals

This is the date that has been set by the Design Professional that signifies no other addenda will be issued on the project so that Offerors have time to finalize their responses.

6. Submission of Proposal This is the date and time that has been set for the submission of Proposals. Late Proposals will not be accepted. It is the Offeror’s responsibility to ensure that Proposals arrive at the appointed location, date and time. Proposals may be delivered early to avoid any possible delay of the submission. The documents shall be in a sealed container with the RFP number and opening date indicated on the bottom left hand side of the container as follows:

PROPOSALS RECEIVED AFTER THE DEADLINE SHALL BE CONSIDERED

NON-RESPONSIVE. Proposal submittals be shall date and time-stamped by the District office that is designated to receive proposals. A public log will be kept of the names and submittal times of all Offerors who submitted proposals.

The Procurement Manager shall review the proposals for completeness and compliance with the mandatory requirements prior to distribution to the Evaluation Committee. If any proposal submitted is deemed non-responsive, the Offeror will be notified in writing of such determination which will include the right of the Offeror to protest the decision. (See Section II.C.1.). The Procurement Manager shall designate a witness to be present during the opening the proposals. The witness and Procurement Manager shall sign the “List of Offerors” for the procurement file.

7. Proposal Evaluation This is the date and time that the Evaluation Committee will convene to discuss the proposals and to report individual scores to the Procurement Manager. Individual scores shall be recorded on the Master Score/Rank Sheet. After the scores have been recorded, the Procurement Manager shall open the Price Proposals and calculate the points for each Offeror. The Procurement Manager shall record the scores allocated to Price for each Offeror on the Master Score/Rank Sheet.

8. Notice of Short-Listed Offerors

The Procurement Manager shall send the Score Sheet to PSFA for review prior to any notification of the evaluation results. Upon PSFA approval, the Procurement Manager may notify all Offerors of the Short List Rank of Offerors in writing, and state whether or not interviews will be held.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

Note: The Selection Committee may hold interviews with the highest-ranked Offerors, where there is a natural break in the scoring. The number of interviews, if held, will be at the discretion of the PSFA and the Selection Committee. If interviews are not held, the decision shall be documented for the procurement file.

9. Interview of Short-List Offerors

If interview(s) are to be held, the date, time and location of the Interview meeting will be included with the notice to those Offerors selected for interview. A list of questions shall be distributed to the Short-List Offerors that includes the points to be allocated to each question. Points allocated to the questions shall be evenly distributed.

NOTE: A “Pre-Interview” meeting may be held by the District Representative, if it is determined it is in the best interest of the short-listed Offerors and the Project, to answer questions regarding the interview process, and to distribute the list of prepared questions to be addressed.

10. Recommendation of Award to Board of Education The Procurement Manager shall prepare a procurement report and a recommendation to the

Board for award of the Project that shall include the ranking of all Offerors and the final ranking of Short-Listed Offerors.

Upon Board of Education approval, the Design Professional shall prepare the Notice of

Intent to Award a contract to the Board approved Offeror.

11. Contract Negotiations The Owner reserves the right to enter into negotiations with the highest ranked Offeror per

NMSA 13-1-115. If contract negotiations are not finalized within a reasonable period of time, the Owner will conclude negotiations with the selected firm and begin negotiations with the next ranked firm based on final ranking.

12. Issue Notice of Award, Prepare Contract Upon the successful completion of contract negotiations and Board of Education approval, the Architect shall issue the Notice of Award and prepare the Contract for Construction.

13. Protest Deadline The protest period for award of the contract shall begin the day after the date of the Notice of Award. This date shall be determined by the Procurement Manager. See Section C, Paragraph 1, below for more detail.

C. STANDARD CONDITIONS GOVERNING THE PROCUREMENT

The Standard Conditions section contains statutory guidelines under which this RFP is issued, and conditions concerning how the project will be completed.

The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project, should the need arise. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Offeror.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

1. Protests In accordance with Section 13-1-172 NMSA 1978, any Offeror who is aggrieved in connection with the solicitation of a contract or the award of a contract may protest to the Procurement Manager or his/her Designee. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to the Procurement Manager.

The protest letter shall include the name and address of the protestant, the solicitation number, and a statement of the grounds for protest, including appropriate supporting exhibits.

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

3. Third-Party or Subcontracting GC Contract Responsibilities Direction of all work that may result from this procurement must be performed by the

Offeror and payments will only be made to the Offeror. Use of consultants identified in the proposal is permitted, but since the award is made on a quality-based evaluation process, reassignment of GC duties and responsibilities to a third party is not acceptable.

4. Amendments or Modifications to a Proposal by Offeror Per 1.4.1.34 and 1.4.1.35 NMAC, an Offeror may request in writing to amend, modify or withdraw their proposal if the Procurement Manager makes a determination that it is in the best interests of the District and the Offeror to do so, prior to the date and time of the receipt of proposals. If the request is accepted to amend or modify a proposal, the Offeror shall replace the incorrect proposals with corrected proposals in their entirety.

Substitution of random pages will not be allowed to avoid information being inserted or removed incorrectly. Any amendment or modification to an Offeror’s proposal shall be documented for the procurement file.

5. Late Withdrawals or Late Modifications

Per 1.4.1.36, inclusive of 1.4.1.21 NMAC, submission of a request to withdraw or modify a proposal after the deadline, shall be documented, and shall not be considered unless the written request is received before contract award, and the request to submit, modify or withdraw the proposal would have been timely but for the action or inaction of the

Procurement Manager and/or District personnel directly involved in the procurement.

Any of these occurrences shall be documented by the Procurement Manager, and all

Offerors of record shall be notified of the event in writing as soon as possible.

6. Disclosure of Proposal Contents The content of any proposal shall not be opened to public inspection or disclosed prior to award. At that time, all proposals will be open to the public, except for the material which has clearly been noted and determined by the Procurement Manager to be proprietary or confidential as noted by the Offeror.

7. Confidential Data if a request is received for disclosure of data, for which an Offeror has made written request for confidentiality, the Procurement Manager shall make a determination that the data is, in fact, confidential and proprietary financial information concerning the

Offeror’s organization and whether or not the data qualifies as a trade secret under the

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

Uniform Trade Secrets Act, Sections NMSA 1978 57-3A-7. Unless the Offeror takes legal action to prevent disclosure of data that does not meet the requirements of the

Uniform Trade Secrets Act, the data will be so disclosed. After award the proposal shall be open to public inspections subject to any continuing prohibition on the disclosure of confidential data. Any pages of a proposal on which the Offeror has stamped or imprinted “proprietary” or “confidential” shall be readily separable from the proposal in order to facilitate public inspection for the non-confidential portion of the qualifications based proposal.

8. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the District determines such action to be in the best interest of the District and the State of New Mexico.

9. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appro-priations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Owner's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

If the determination is made that there is insufficient funding to continue or finalize a project, the successful Offeror will be compensated to the level of effort performed, as authorized by the Owner prior to that determination.

10. Offeror Qualifications The Evaluation Committee may consider any relevant information or data, from any reliable source (references) relating to the RFP evaluation factors and the Offeror’s ability to successfully perform the project. Such information may be obtained from the Offeror’s prior customers, commercial and public databases or other reliable sources. The Selection Committee may reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.

11. Right to Waive Minor Irregularities The Selection Committee reserves the right to waive minor irregularities per 1.4.1.42

NMAC 2005 (see Definitions). The Selection Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Selection Committee.

12. Notice The New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

13. Release of Information Only the Owner is authorized to release information about the project(s) covered by this

RFP. The Offerors must refer to the Owner any requests to release any information that per-tains to the work or activities covered by any action or award related to this RFP.

14. Project Reporting In addition to the normal project meetings with the Owner, successful Offeror is required to work with the District Representative, the Project Architect, and the PSFA Regional

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

Manager to ensure the project records are uploaded into the PSFA construction information management system. Training for use of this system will be provided by the PSFA training staff. If you have not been trained to use the construction information management system, please check the PSFA website at www.nmpsfa.org for training schedules and information as soon as possible.

15. New Mexico Prevailing Wage Rates Wages to be paid as a result of a contract awarded for this project will be subject to the minimum wage rate determination by the State of New Mexico, and will be attached to the final contract documents. This determination will become part of the contract by reference and must be posted, per State of New Mexico Statutes, in a conspicuous place at the General Contractor’s place of business. It is the General Contractor’s responsibility to be aware of the applicable State of New Mexico statutes and responsibilities related thereto. Failure by the Owner to physically make such minimum wage rate determinations available to the General Contractor will not relieve the General Contractor from becoming aware of or complying with such determinations.

16. Clarifications from Offerors The Procurement Manager may, at the request of a Selection Committee designee request clarifications on information submitted by any and all Offerors.

17. Licensing Requirements The Contractor and subcontractors shall comply with all licensing regulations and the

Contractor shall provide copies of all valid licenses necessary to perform the work in the State of New Mexico.

18. Subcontractors The Subcontractors Fair Practices Act, 13-4-31 et. seq. per NMAC 1.4.8.13, para. C applies to this procurement. Therefore, any request for substitution on the part of the Owner or the Offeror shall comply with this section.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

III. RFP RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

General Contractors shall only submit one offer. See Paragraph B for the number of copies of the offer required. Multiple offers by one General Contractor are not allowed. Please note that the Procurement Manager, after award, shall retain the original Technical Proposal and Price Proposal for the procurement file as a matter of record.

NOTE: SUBMIT Original Price Proposal with the original Technical Proposal. It shall be submitted in a clearly marked sealed envelope easily removable from the Technical Proposal.

B. NUMBER OF COPIES OF RESPONSES

In addition to the Original Technical Proposal and Price Proposal submittal, Offerors shall provide four (4) identical copies of the Technical proposals for the Evaluation Committee and one (1) digital, identical copy of the Technical proposal on a USB Flash Drive in PDF format.

Note: Offerors may be afforded __24__ hours to submit the additional copies of the Subcontractors Qualifications Statements. Please do not submit any portion of your RFP in email or fax format.

After award of a contract, all Offerors of record may make arrangements with the District to have their proposal copies returned or picked up. The District shall not be responsible for any shipping or mailing costs to return copies of the proposals.

C. SUBMISSION OF PROPOSAL

Hand Carried: Proposals may be hand carried/delivered. If requested, the District may give the person delivering the proposal package a receipt that notes the firm name, date and time the proposal was delivered for the Offeror files.

Common Carrier or USPS: Offers may be shipped/mailed by common carrier or courier.

Be advised that the District is not responsible for offers that are not received timely. It is solely the responsibility of the Offeror to ensure the submittal arrives on time at the location state herein.

No Other Methods of Offer Delivery Allowed: Telephone, telegraphic, facsimile or electronic offers will NOT be accepted.

D. GENERAL RESPONSE INSTRUCTIONS AND INFORMATION

1. Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing straightforward, CONCISE description of the respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the completeness, clarity of content, responsiveness to the requirements, and an understanding of the owner’s needs.

2. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete

Proposals will be considered non-responsive and subject to rejection.

Columbus ES HVAC & Memorial ES HVAC & Reroof /Deming Public Schools/1001 South Diamond Deming, NM 88030

3. Offerors shall prepare and develop proposals at the sole expense of the Offeror.

4. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the

Owner. Questions regarding the procurement process, the RFP documents, general requirements, terms and conditions, etc. must be submitted in writing prior to the submission of Proposal for clarification purposes.

5. If your proposal contains proprietary/confidential information, you shall stamp those pages so that they are easily identifiable by the Procurement Manager. Those pages shall be examined and a written determination shall be made that specifies which portions of the proposal may not be disclosed. If the Offeror disagrees, they are entitled to take legal action to prevent the disclosure.

6. Proposals shall consist of answers to questions or requirements identified in the

RFP. It is not necessary to repeat the question in the Proposals; however, it is essential to reference the question number with the corresponding answer.

7. All amendments and addenda shall be acknowledged on the Price Proposal Form where designated.

VOLUME I – TECHNICAL PROPOSAL

A. Technical Proposal Format

Proposals may be submitted in a spiral or three-ring binder. Page format shall include 8-

1/2” x 11” paper and 11” x 17” foldout sheets in size. Foldout pages shall be counted s two pages and shall be numbered as such. Text will be no smaller than 10 point. If there are any questions regarding format requirements, please contact the Procurement

Manager prior to submission.

Proposals shall not exceed 30 pages total for the tabbed sections 3, 4, 5, 6 and 7 (tabbed

Section 2A & 2B, Contractor and Subcontractor Questionnaire Attachments, shall be not be counted in the total pages described herein). Each sheet face that is printed with text or graphics counts as one page. Tab dividers do not count as pages provided the only text or graphics on the divider are the tab number and section title.

Offerors are cautioned to please keep the required documents/attachments in each category to concise, easily readable and applicable information.

B. Tabs/Evaluation Categories:

All sections shall be separated by a numbered tab that corresponds to the Evaluation

Category, 1 through 6, described below.

TAB 1. SIGNED LETTER OF SUBMITTAL AND MANDATORY FORMS

00 43 34 Subcontractor Qualifications Statement Listing Form

00 43 36 Subcontractor Listing Form w/Registration Number and Anti-Trust signatures (before contract is…