The City of Clovis 0226 230.docx

CITY OF CLOVIS

REQUEST FOR PROPOSAL

RFP: 19-0108-01

Electrical, Fire Alarm, Fire Suppression, Public Address System Installation and Repair Services NIGP COMMODITY CODES: 34016; 34041; 91438; 93625; 93677; 96165; 96848; 99239; 99240; 99837 ISSUE DATE: March 3, 2019 RFP DUE DATE AND TIME: March 26, 2018 at 2:00 p.m. MOUNTAIN

CHIEF PROCUREMENT OFFICER

Bryan Jones City of Clovis 321 N Connelly St.

PO Box 760 Clovis, NM 88102

(575) 763-9633 E-MAIL: bjones@cityofclovis.org

PROPOSALS MUST BE SUBMITTED IN A SEALED ENVELOPE THAT IS CLEARLY MARKED

RFP 19-0108-01

The purpose of this Request for Proposals (RFP) is to select an Offeror(s) to provide electrical, fire alarm, public address systems installation and repair services to the City of Clovis.

B. SUMMARY SCOPE OF WORK

The summary of scope of work shall consist of providing electrical, fire alarm, public address systems installation and repair services to the City of Clovis.

C. SCOPE OF PROCUREMENT

The City reserves the option of renewing the initial contract(s) on an annual basis for up to three (3) additional years or any portion thereof for the purpose of providing electrical, fire alarm, public address systems installation and repair services to the Clovis. In no case will the contract(s), including all renewals, exceed a total of four (4) years in duration.

D. PROCUREMENT MANAGER

The City has designated a Chief Procurement Officer who is responsible for the conduct of this procurement whose name, address, telephone number and email address is listed below.

Bryan Jones, Chief Procurement Officer City of Clovis 321 Connelly St PO Box 760 Clovis, NM 88102

(575) 763-9633 bjones@cityofclovisclovis.org

All deliveries via express carrier should be addressed as follows:

Bryan Jones, Chief Procurement Officer RFP 19-0108-01 Electrical, Fire Alarm, Public Address Systems Installation and Repair Services City of Clovis 321 Connelly St PO Box 760 Clovis, NM 88102

Any inquiries or requests regarding this procurement should be submitted to the Chief Procurement Officer in writing. Offerors may contact ONLY the Chief Procurement Officer regarding this solicitation. Other City employees do not have the authority to respond on behalf of the City. Any contact with a City department or employee may automatically results in rejection of any proposal. Any other communication will be considered unofficial and nonbinding. Any response made by the City will be provided in writing to all Offerors by addendum, no verbal responses shall be authoritative.

E. DEFINITION OF TERMINOLOGY

This section contains definitions and abbreviations that are used throughout this procurement document.

"City" ”Clovis” or “Owner” means the City of Clovis.

“Chief Procurement Officer” or “CPO” means the person holding the position as the head of the central procurement office for the City of Clovis.

"Contract" or “Agreement” means a written agreement for the procurement of items of tangible personal property or services.

"Contract Administrator" means the individual designated by the City to administer the contract after it has been executed.

"Contractor" means a successful Offeror who enters into a binding contract.

"Determination" means the written documentation of a decision by the Chief Procurement Officer including findings of fact supporting a decision. A determination becomes part of the procurement file.

"Desirable" The terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor (as opposed to "mandatory”).

"Evaluation Committee" means a body appointed by the City management and/or the Chief Procurement Officer to perform the evaluation of Offeror proposals.

"Finalist" is defined as an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

"Mandatory" The terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror's proposal.

"Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

"Procurement Manager” means the person or designee authorized by the City to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

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

"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 or items of tangible personal property 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 request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements.

F. PROCUREMENT LIBRARY

A procurement library has been established. Proposers are encouraged to review the material contained in the Procurement Library by selecting the link provided in the electronic version of this document through your own internet connection or by contacting the Procurement Officer and scheduling an appointment. The library contains information listed below:

Procurement Regulations:

http://www.generalservices.state.nm.us/statepurchasing/resourcesandinformation.aspx#ProcurementCodeRegulationsExecutiveOrders

Complete RFP document:

http://www.cityofclovis.org

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement.

A. SEQUENCE OF EVENTS

The Chief Procurement Officer will make every effort to adhere the following schedule:

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph A.

1. Issue of RFP This RFP is being issued by the City and the Procurement Department.

2. Pre-Proposal Conference A non-mandatory pre-proposal conference will be held on March 12 at 1:30p.m. at the City of Clovis Assembly Room located at 321 Connelly Street, Clovis, NM. A public log will be kept of the names of potential Offerors that attended the pre-proposal conference. Attendance at the pre-proposal conference is not a prerequisite for submission of a proposal.

3. Acknowledgement of Intent to Propose Potential Offerors should hand deliver, return by facsimile, by registered or certified mail, or email the "Acknowledgement of Intent to Propose Form" that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned by 4:30 P.M. on the date indicated in the Sequence of Events. The procurement distribution list will be used for the distribution of written responses to questions and any RFP amendments. If form is not returned by deadline, the potential Offeror's organization name shall not appear on the distribution list.

4. Deadline to Submit Additional Written Questions Potential Offerors may submit additional written questions as to the intent or clarity of this RFP until close of business on the date indicated in the Sequence of Events. All written questions shall be addressed to the Chief Procurement Officer (See Section I, Paragraph D).

5. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed on the date indicated in the Sequence of Events to all potential Offerors whose organization name appears on the procurement distribution list via e-email. Additional copies will be posted to: http://www.bidnetdirect.org.

Additional written requests for clarification of distributed answers and/or amendments shall be received by the Procurement Manager no later than (2) two days after the answers and/or amendments were issued.

6. Submission of Proposal ALL OFFEROR PROPOSALS SHALL BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF PROCURMENT OFFICER OR DESIGNEE NO LATER THAN 2:00 PM LOCAL TIME ON THE DATE INDICATED IN THE SEQUENCE OF EVENTS. Proposals received after this deadline will not be accepted.

It is the Offeror’s responsibility to ensure the proposal arrives before the due date and time. Offerors are cautioned that “late is late”. It is the responsibility of the Offerors to allow sufficient time for the hazards of traffic, weather, finding parking, locating the proper office, third party delivery, US Postal Service mail delivery, etc. Any and all proposals not received by the proposal submission due date and time shall be rejected. No late proposals will be accepted under any circumstances, not even if the delivery company is late. It is recommended to send your proposal early.

The date and time will be recorded on each proposal. Proposals shall be addressed and delivered to the Chief Procurement Officer at the address listed in Section I, Paragraph D. Proposals shall be sealed and labeled on the outside of the package to clearly indicate that they are in response to the Electrical, Fire Alarm, Public Address Systems Installation and Repair Services Request for Proposals. Proposals submitted by facsimile or email will not be accepted.

Proposals shall not be opened publicly but shall be opened in the presence of two or more witnesses.

Proposals and modifications shall have the date and time recorded and held in a secure place until the established due date. A public log will be kept of the names of all Offeror organizations that submitted proposals. The contents of any proposal shall not be disclosed to competing Offerors prior to contract award.

Proposals received late shall be considered nonresponsive and returned unopened. The City of Clovis reserves the right to eliminate any Proposer who submits incomplete or inadequate responses or is not responsive to the requirements of this RFP.

Proposals are reviewed and scored by the Evaluation Committee to determine the successful Offeror(s).

7. Proposal Evaluation The evaluation of proposals will be performed by an evaluation committee appointed by Chief Procurement Officer. This process will take place during the dates indicated in the Sequence of Events. During this time, the Chief Procurement Officer may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Selection of Finalists The Evaluation Committee will select and the Chief Procurement Officer will notify the finalist Offerors as indicated in the Sequence of Events or as soon as possible. The schedule for the Oral Presentations will be determined at this time; however Oral Presentations may not be held.

9. Best and Final Offers from Finalists Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by the date indicated in the Sequence of Events. Best and final offers may be clarified and amended at the finalist Offeror's proposal presentation.

10. Oral Presentations by Finalists Finalist Offerors may be required to conduct and oral presentation at a location to be determined as indicated in the Sequence of Events or as soon as possible. Whether or not presentation will be held is at the discretion of the Evaluation Committee and the Chief Procurement Officer.

11. Issue Recommendation of Award to the City Commission The Chief Procurement Officer shall prepare the Notice of Intent to Award a contract to the highest ranked short-listed Offeror after and if interviews are held. The Chief Procurement Officer shall prepare a procurement report and a recommendation to the Commission for award of the Project that shall include the ranking of all Offerors and the final ranking of Short-Listed Offerors.

Upon City Commission approval, the Chief Procurement Officer shall prepare the Notice to Award a contract to the Commission approved Offeror.

12. Finalize Contract The contract will be finalized with the most advantageous Offeror between dates indicated in the Sequence of Events. In the event that mutually agreeable terms cannot be reached within the time specified, the City reserves the right to finalize a contract with the next most advantageous Offeror without undertaking a new procurement process.

The City reserves the right to discontinue negotiations with any selected Offeror.

13. Contract Award After review of the Evaluation Committee Report, the recommendation of the City management, if applicable, and the signed contract; the Chief Procurement Officer will award the contract on the date indicated in the Sequence of Events. This date is subject to change at the discretion of the Chief Procurement Officer.

The contract shall be awarded to the Offeror or Offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points.

14. Term The City reserves to right to procure the services/goods as described in this RFP as a sole purchase. The City will determine the term that is most advantageous and in the best interest of the City.

The City of Clovis reserves the right to enter into a one (1) year contract with the option three (3) additional one-year extensions, not to exceed a total of four (4) years.

15. Multi-Award The City reserves the right to multi-award contracts as necessary for adequate delivery or service in accordance with 13-1-153 NMSA.

16. Payment Any invoice received and payment made shall be subject to the City’s terms and conditions unless specifically waived by the City in a separate written document.

17. Protest Deadline Any protest by an Offeror shall be timely and in conformance with the applicable procurement regulations. The fifteen (15) day protest period for responsive Offerors shall begin on the day following the contract award and will end as of close of business on fifteen (15) days after the Contract Award. Protests shall be written and shall include the name and address of the protestor and the request for proposals number. It shall also contain a statement of grounds for protest including appropriate supporting exhibits, and it shall specify the ruling requested from the Chief Procurement Officer. The protest shall be delivered to the Chief Procurement Officer.

City of Clovis Bryan Jones, Chief Procurement Officer 321 Connelly St PO Box 760 Clovis, NM 88102

Protests received after the deadline will not be accepted.

Clovis reserves the right to accept or reject any and/or all Proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response that is received may be rejected by the City depending on available competition and timely needs of the City 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 Proposer.

1. Acceptance of Conditions Governing the Procurement Offerors shall indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Minimum Amount Clovis does not guarantee a minimum amount of purchases in conjunction with award of this request for proposals.

3. Pricing Escalation Price escalation will be considered only at yearly observance of award (anniversary date) and only upon receipt of written request from contractor stating reason for escalation and the amount being requested. Justifying documentation must accompany price escalation request.

4. Incurring Cost 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.

5. Brand Names Where a brand-name or equal specification is used in a solicitation, the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. If a vendor proposes an “equal” to scope of work/specifications, the City is the sole interpreter of the scope of work/specifications and sole judge as to whether the “equal” proposed complies with the scope of work/specifications.

6. Taxes The contract amount shall exclude any applicable state gross receipts tax or applicable local option tax, but the contracting City shall be required to pay the applicable tax including any increase in the applicable tax becoming effective after the date the contract is entered into.

All applicable taxes, including gross receipts tax or applicable local option tax, shall be shown as a separate amount on each billing or request for payment made under the contract.

Successful Offeror shall complete Internal Revenue Service Form W-9, Payer’s Request for Taxpayer Identification Number and the City of Clovis Vendor Form.

The City shall not be responsible for any service performed without its purchase order or contract, signed by the authorized procurement officer.

7. Prime Contractor Responsibility Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the City. The City will make contract payments to only the prime contractor.

8. Subcontractors Use of subcontractors shall be clearly explained in the proposal, and major subcontractors shall be identified by name. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used.

9. Minority, Small, and Women’s Firms Contracting with small and minority firms, women's business enterprises and labor surplus area firms; the grantee and sub-grantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

Affirmative steps shall include:

10. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals shall be complete replacements for a previously submitted proposal and shall be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

11. Offerors' Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror shall submit a written withdrawal request signed by the Offeror's duly authorized representative addressed to the Chief Procurement Officer.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

12. Proposal Offer Firm Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer if one is submitted.

13. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Chief Procurement Officer will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the Offeror's organization and data that qualifies as a trade secret in accordance with New Mexico Uniform Trade Secrets Act [§57-3A-1 to 57-3A-7 NMSA 1978. The cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Chief Procurement Officer shall examine the Offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

14. No Obligation This procurement in no manner obligates the City or any of its departments to the use of any proposed services or professional services until a valid written signed contract, signed Price Agreement, and/or a valid Purchase Order is awarded and approved by the appropriate authorities.

15. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City.

Either party may terminate this contract as follows:

work. Contractor shall be paid for project costs incurred up to the date of termination but shall not be paid for loss of profits resulting from such termination.

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

17. Legal Review The City requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror concerns shall be promptly brought to the attention of the Chief Procurement Officer.

18. Governing Law This procurement and any agreement with Offerors that may result shall be governed by the laws of the State New Mexico.

19. Basis for Proposal Only information supplied by the City in writing through the Chief Procurement Officer or in this RFP should be used as the basis for the preparation of Offeror proposals.

20. Contract Terms and Conditions The contract between the City and a contractor will follow the format specified by the City and contain the terms and conditions set forth in the “Scope of Work”. However, the City reserves the right to negotiate with a successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the contract.

Should an Offeror object to any of the City's terms and conditions, as contained in this Section, that Offeror shall propose specific alternative language to the referenced provisions. The City may or may not accept the alternative language. General references to the Offeror's terms and conditions or attempts at complete substitutions are not acceptable to the City and will result in disqualification of the Offeror's proposal.

The City will consider wording changes to Scope of Work, Duties and Responsibilities only. Offerors shall provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.

21. Offeror's Terms and Conditions Offerors shall submit with the proposal a complete set of any additional terms and conditions which they intend to have included in a contract with the City. The City is under no obligation to accept any additional terms and conditions.

22. Contract Negotiations Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the City and the selected Offeror and shall not be deemed an opportunity to amend the Offeror's proposal.

23. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any Offeror who is not a Responsible Offeror or fails to submit a Responsive Offer as defined in this RFP. (See Section I, Paragraph E)

24. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee and/or CPO.

25. Change in Contractor Representatives The City reserves the right to request and/or require a change in contractor representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

26. Notice of Penalties The Procurement Code, NMSA 1978, & 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, The New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

27. City Rights The City reserves the right to accept all or a portion of an Offeror's proposal. In addition, the City reserves the right to purchase professional services from authorized price agreements or in accordance with applicable provisions procurement regulations.

28. Right to Publish Throughout the duration of this procurement process and contract term, potential Offerors, Offerors and contractors shall secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror's proposal or termination of the contract.

29. Ownership of Proposals All documents submitted in response to the RFP may be retrieved by the Offerors, at their expense, 30 days after the expiration of the protest period with the following exception: one complete copy of the selected Offeror's proposal including the Best and Final Offer, if one was submitted, shall be placed into the procurement file and will become the property of the City of Clovis.

30. Indemnification The Proposer shall be responsible for damage of persons or property that occurs as a result of Proposer’s fault or negligence, or that of any of his/her employees, agents or subcontractors. The Proposer shall save and hold harmless the staff of and the City against any and all lost, cost, damage, claims, expense or liability in connection with the performance of the contract. Any equipment or facilities damaged by the Contractor operation shall be repaired and /or restored to their original condition at the Contractor’s expense.

31. Insurance The successful proposer shall purchase and maintain statutory limits of Worker's Compensation, and Public Liability and Automobile Liability insurance approved by the City at the time of contract award. The City shall be included as a loss payee and/or additional insured. Public Liability and Automobile Liability insurance shall include at least the following coverage:

Bodily injury, each person, excluding medical and medically related expenses $400,000

Bodily injury, each occurrence, excluding medical and medically related expenses $750,000

Contractor shall furnish Owner with certificates of insurance with the contract documents and prior to the commencement of work.

NOTE: Certificate holder shall be: The City of Clovis

Any confidential information provided to, or developed by, the Proposer in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the Proposer without the prior written approval of the City.

The Proposer(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the City’s Procurement Officer’s written permission.

33. Records Retention The successful proposer will be required to retain project records for a minimum of three (3) years after the completion of the work (2 CFR 200.333).

34. Electronic Mail A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Proposer must have a valid e-mail address to receive this correspondence.

Use of Electronic Versions of this RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Proposer’s possession and the version maintained by the City, the Proposer acknowledges that the version maintained by the City shall govern.

average of at least 20 hours per week over a six (6) month period during the term of the contract, Proposer must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

c. Proposer must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://www.insurenewmexico.state.nm.us/.

d. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without Specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Proposer reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

36. Audit The City reserves the right to audit the contractor’s records associated with this contract at any time during the contract period and for a period of up to three years following the expiration or termination of the agreement. Such audit may be conducted by City personnel or a third party under contract with the City. The City shall give the contractor reasonable notice prior to the conduct of any audit and upon receiving the notice from the City the contractor agrees to fully cooperate with the auditors. If contractor subcontracts any portion of its obligation to another party, contractor shall guarantee the City’s access to books and records of such party.

37. Independent Contractor The Contractor is an independent contractor performing services for the City. The Contractor shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the City as a result of this procurement.

38. Procurement Under Existing Contracts In accordance with NMSA 13-1-129, proposers are hereby notified that other governmental entities within the State of New Mexico, or as otherwise allowed by their respective governing directives, may contract for services with the awarded proposer. Contractual engagements accomplished under this provision shall be solely between the awarded proposer and the contracting entity with no obligation by the City of Clovis.

39. Equal Employment Opportunity The City of Clovis is an Equal Opportunity Employer (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.

The City is also in accordance with Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Vocational Rehabilitation Act, Americans with Disabilities Act, and other federal and state laws and executive orders affective employment and equal opportunity.

The City of Clovis does not discriminate on the basis of race, color, national origin, sex, age or disability in its programs and activities. The following person has been designated to handle inquiries regarding the nondiscrimination policies: Director of Human Resources, City of Clovis, 321 N. Connelly Street, P.O. Box 760, Clovis, NM 8810. Phone (575) 763-9652.

40. Disclosure Regarding Responsibility Any prospective Proposer and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

i. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

ii. violation of Federal or state antitrust statutes related to the submission of offers; or

iii. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Proposer is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Proposer must provide immediate written notice to the Procurement Officer or other party to this Agreement. If it is later determined that the Proposer knowingly rendered an erroneous disclosure, in addition to other remedies available to the City, the Procurement Officer may terminate the involved contract for cause. Still further the Procurement Officer may suspend or debar the Proposer from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the Procurement Officer.

41. Davis-Bacon Act Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

42. Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

43. Debarment/Suspension (Appendix C) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of 13-1-177 through 13-1- 180, and 13-4-11 through 13-4-17 NMSA 1978 as amended, shall not be permitted to do business with the City and shall not be considered for award of the contract during the period for which it is debarred or suspended with the City.

44. Conflict of Interest By submitting a proposal, the Proposer certifies that the Proposer has not, either directly or indirectly, entered into action in restraint of full competition in connection with the proposal submitted to the City. The Proposer also certifies no relationship exists between the Proposer and the City that interferes with fair competition or is a conflict of interest; and no relationship exists between Proposer and another person or firm that constitutes a conflict of interest that is disadvantageous to the City.

45. Non-Disclosure The Proposer shall not disclose any information relating to employees of the City other than such information that may be authorized by the individual employee. Vendor agrees to indemnify and hold harmless the City from any damages, claims, liabilities, and costs including reasonable attorney fees in the event any unauthorized release of such information occurs.

46. Letter of Transmittal Each proposal shall be accompanied by a letter of transmittal. CAUTION: The proposal shall be binding without restriction. Offerors shall not include language in the Letter of Transmittal such as “subject to successful negotiation” or words to that effect. The letter of transmittal SHALL follow the format provided and it shall be signed by the appropriate representatives. Failure to follow these instructions shall result in the rejection of the proposal.

47. Campaign Contribution Disclosure Form Each proposal shall be accompanied by a completed Campaign Contribution Disclosure.

48. New Mexico Preferences The New Mexico Preferences shall not apply to this RFP as the expenditures may include federal funds. (NMSA 1978, 13-1-21, J and 2 CFR 200.319).

III. RESPONSE FORMAT AND ORGANIZATION

This section describes the format and organization of the Proposer’s response. Failure to conform to these specifications may result in the disqualification of the proposal.

Proposals must be submitted as outlined below. Envelopes, packages or boxes containing the original and the copies must be clearly labeled and submitted in a sealed envelope, package, or box.

A. NUMBER OF RESPONSES

Offerors shall submit only one (1) original hard copy and one (1) digital copy on a USB drive in response to this RFP. THE PROPOSAL PACKAGE SHALL CONSIST OF THE SEALED TECHINICAL PROPOSAL AND THE SEALED PRICE PROPOSAL ENVELOPES.

B. NUMBER OF COPIES

Offerors shall deliver:

C. PROPOSAL FORMAT AND ORGANIZATION

All proposals shall be typewritten on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section.

The technical proposal shall be organized and indexed in the following format and shall contain, as a minimum, all listed items in the sequence indicated.

Within each section of their proposal, Offerors shall address the items in the order in which they appear in this RFP. All forms provided in the RFP shall be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates or expenses shall occur only in the Cost Proposal binder with the cost response form.

Any proposal that does not adhere to these requirements may be deemed non-responsive and…