Clovis Municipal Schools CATEGORY ONE BROADBAND CONNECTIVITY

Transcription

1 State of New Mexico Public School Facilities Authority Clovis Municipal Schools REQUEST FOR PROPOSALS (RFP) CATEGORY ONE BROADBAND CONNECTIVITY RFP# January 16, 2018 Commodity Code Number(s):_83829, 96218, 91551, 91316, 83833, DEADLINE FOR RECEIPT OF PROPOSALS IS AS FOLLOWS: February 15, 2018 at 2:00 p.m._ ADDRESS HERE: CLOVIS MUNICIPAL SCHOOLS 1009 MAIN PO BOX CLOVIS, NM Late Proposals will not be accepted. It is the responsibility of the Offeror to ensure that proposals are delivered on time to the correct address PRE-PROPOSAL CONFERENCE MAY/SHALL BE HELD AS FOLLOWS: DATE: January 22, 2018 at 10:00 a.m.

2 I. INTRODUCTION... 1 A. PURPOSE OF THIS REQUEST FOR PROPOSALS... 1 B. BACKGROUND INFORMATION... 1 C. SCOPE OF PROCUREMENT... 1 Option 1. Leased Lit Fiber... 1 Option 2. Internet Access & Transport Bundled... 2 Option 3. Transport Only No ISP Service Included:... 2 Option 4. Internet Access: ISP Service Only... 2 Option 5. Leased Dark Fiber and Leased Lit Fiber... 2 Option 6. Self-Provisioned Networks and Services Provided Over Third Party Networks:... 2 Option 7. Other:... 2 C.1. STANDARD, QUALIFICATIONS & REQUIREMENTS... 2 D. DEFINITIONS OF TERMINOLOGY - COMMON AND TECHNICAL USAGE OF WORDS... 3 E. PROCUREMENT MANAGER & PROTEST MANAGER... 3 F. PROCUREMENT LIBRARY... 4 II. CONDITIONS GOVERNING THE PROCUREMENT... 5 A. SEQUENCE OF EVENTS... 5 B. EXPLANATION OF EVENTS Issuance of RFP Pre-Proposal Conference RSVP (if Mandatory) Pre-Proposal Conference Intent to Respond to RFP Deadline to Submit Written Questions Response to Written Questions/RFP Amendments Submission of Proposals Proposals Screened & Distributed to Committee Selection of Finalists Interviews with Finalists, If Applicable/Held Final Evaluation Review/Recommendation for Award Protest Deadline... 8 C. GENERAL REQUIREMENTS Acceptance of Conditions Governing the Procurement Incurring Cost Prime Contractor Responsibility Subcontractors/Consent Amended Proposals Offeror s Rights to Withdraw Proposal Proposal Offer Firm Disclosure of Proposal Contents No Obligation Termination Sufficient Appropriation Legal Review Governing Law Basis for Proposal Contract Terms and Conditions Offeror s Terms and Conditions ii

3 17. Contract Deviations Offeror Qualifications Right to Waive Minor Irregularities Change in Contractor Representatives Notice of Penalties District Rights Cost Adjustments Right to Publish Ownership of Proposals Indemnification Confidentiality Internet Access & address required Use of Electronic Versions of this RFP New Mexico Employees Health Coverage Campaign Contribution Disclosure Form Pay Equity Reporting Requirements Disclosure Regarding Responsibility New Mexico Preferences III. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES B. NUMBER OF COPIES Hard Copy Responses C. PROPOSAL FORMAT Proposal Content and Organization b. Table of Contents c. Proposal Summary Introduction (optional) d. Corporate Information/Experience Organizational/Corporate Experience Organizational References (Minimum of 3 References) Key Personnel/Resumes Financial Stability (Financial information considered confidential may be placed in a Confidential Information binder) e. f. Technical Approach Management Approach g. Project Performance History IV. SPECIFICATIONS A. DETAILED SCOPE OF WORK (SEE EXHIBIT A) B. TECHNICAL SPECIFICATIONS (SEE EXHIBIT A) Organizational Experience Organizational References Oral Presentation (Evaluation Optional Requirement) C. BUSINESS SPECIFICATIONS Financial Stability Performance/Payment Surety Bond Letter of Transmittal Form Campaign Contribution Disclosure Form Cost Resident Business or Resident Veterans Preference D. INSURANCE REQUIREMENTS V. EVALUATION A. EVALUATION POINT SUMMARY B. EVALUATION FACTORS iii

4 1. Organizational Experience Organizational/ Project Performance References (See Table 1) Oral Presentation (If Applicable) (See Table 1) Mandatory Specifications Desirable Specifications Financial Stability Performance & Payment Bond Letter of Transmittal Campaign Contribution Disclosure Form Cost New Mexico Preferences C. EVALUATION PROCESS ATTACHMENTS ATTACHMENT A INTENT TO RESPOND TO RFP FORM ATTACHMENT B (MANDATORY) CAMPAIGN CONTRIBUTION DISCLOSURE FORM ATTACHMENT C ACKNOWLEDGEMENT OF RECEIPT OF AMENDMENTS iv

5 I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive procurement for the Clovis Municipal School District (herein-after referred to as District ). It is the intent of this RFP to obtain quotes/proposals from qualified and experienced Contractors to provide high density, E-rate eligible broadband related equipment and/or services with the ability to leverage federal E-rate funds, at an anticipated average discount rate of approximately _80 %. Any contract execution by virtue of this RFP shall be subject to FCC, USAC, and applicable New Mexico Statutory Procurement requirements. The District will lead this procurement process with advisement and assistance of its partner the Public School Facilities Authority (PSFA). The potential Services/Pricing Agreement resulting from this RFP will be in Two (2) Parts which will be structured as follows: 1. Part I: Will consist of the Construction and Installment of Infrastructure for the Broadband/WAN Systems. 2. Part II: Will consist of the Deployment/Establishment of Service and Access. The commencement date of this Part of the Agreement shall be contingent upon, and shall not be effective until Part I is fully completed and accepted via Notice to Proceed by the Agency. All cost associated with this Part shall be established/billed and invoiced separately from Part I of the Agreement. B. BACKGROUND INFORMATION Senate Bill (SB) 159 was passed into law in March 2014 with an emergency clause due to the need for assistance with broadband in K-12 public schools, including charter schools, located throughout the State of New Mexico, especially in rural areas. The bill allows the Public School Capital Outlay Council (PSCOC) to expend up to $10 million annually for the next five fiscal years (FY15 - FY19), to correct deficiencies in broadband infrastructure affecting public schools statewide. The PSCOC s Broadband Deficiencies Correction Program (BDCP) is for this very purpose; assisting K-12 public schools/districts in gaining access to high speed Internet that is reliable, scalable, and cost-effective. This RFP is intended to cover E-rate Category One (1) eligible Services/Components. With available funding, the State of New Mexico plans to assist NM K-12 public schools/districts, including charter schools, with share of Category One (1) E-rate eligible purchases in accordance with the PSCOC s current district match formula.. C. SCOPE OF PROCUREMENT This RFP covers and, dependent upon the specific Statement of Work (SOW) detailed in Exhibit A, shall require the Contractor to provide one or more of the following E-rate supported Fiber Options. Option 1. Leased Lit Fiber: A fixed bandwidth broadband service where the service provider manages the network equipment that places the fiber/other transport medium into service and manages the technical support for the service Page 1 of 39

6 Option 2. Option 3. Option 4. Option 5. Option 6. Option 7. Internet Access & Transport Bundled: Select this option when you are seeking bids/proposals for non-fiber services provided over third party networks that include commercial Internet Access service. Transport Only No ISP Service Included: Select this option when you are seeking bids/proposals for non-fiber services provided over third party networks that do not include commercial Internet Access service. Do not use this option to request bids/proposals for any fiber service. Internet Access: ISP Service Only: Select this option when you are seeking bids/proposal only for commercial Internet Access service. Remember: Internet Access: ISP Service Only does not contain any type of transport, including Leased Lit Fiber. Do not use this drop-down option for Leased Lit Fiber. Leased Dark Fiber and Leased Lit Fiber: Select this option when you are seeking bids/proposals for Leased Dark Fiber. Ensure that your bid/proposal request complies with the competitive bidding requirement that applicants that request bids for Leased Dark Fiber also request bids for Leased Lit Fiber. Self-Provisioned Networks and Services Provided Over Third Party Networks: Select this option when you are seeking bids/proposals for a Self-Provisioned Network. This choice will constitute a request for bids/proposals for a Self-Provisioned Network and services provided over third party networks on a technology-neutral basis (i.e., Leased Dark Fiber, Leased Lit Fiber, microwave, copper). Other: Select this option if you are seeking bids/proposals for support for Network Equipment (i.e., modulating electronics and other equipment necessary to make a Category One service functional). Costs associated with complex Maintenance and operation solutions for Leased Dark Fiber or a Self-Provisioned Network should also utilize this option. The District seeks to procure/lease fiber optic wide-area network/internet system for transmitting and receiving of Data, Voice, and Video. The selected contractor shall be a quality vendor with experience in multi-site installations, and capabilities to provide responsive service for the network systems installed. The wide area network system must meet open industry standards, and meet the requirements established by the District as described in Exhibit A of this RFP. The selected contractor will be responsible for all design work, procurement of equipment, installation, and cutover details including all planning and training. The selected Contractor may be required to provide systems and hardware, solutions for the proper management, maintenance and monitoring of the system. C.1. STANDARD, QUALIFICATIONS & REQUIREMENTS The minimum qualifications of the Offeror(s) as applicable for the services to be provided from this RFP process are generally described as follows: Contractor shall have an established and proven ability to provide and ensure: a. All work shall be performed by qualified personnel (qualified by applicable education and experience) that have current and valid professional certifications/licenses. Page 2 of 39

7 b. All personnel maintain the necessary and required certifications/licenses and Standard specific to the services provided, in accordance with all applicable Industry requirements, Federal, NM State, and local rules, regulations and laws, c. All services are provided under the supervision of experienced and qualified professionals. d. All reports bear technical certifications when appropriate. e. All personnel who visit a public school/district site for installation or services must have proof of passing a designated, applicable State/School District Background Investigation/Check. f. Have a valid Schools and Libraries Division (SLD) Service Provider Identification Number [SPIN] and never have been suspended or debarred from the E-Rate program. g. Have a valid FCC Registration Number. h. Vendors of telecommunications services must be eligible telecommunications providers ( common carriers ) as defined by the SLD. i. Have up-to-date Service Provider Annual Certification [SPAC] filings as required by the SLD. j. Be a manufacturer authorized provider of the proposed equipment. k. Provide evidence of successful performance in the design and installations of fiber optics network systems, including the installation and configuration of applicable switches, routers, Internet servers, and similar equipment, within the K-12 marketplace during the last 3 years. l. Have staff certified for RCDD / Low Voltage for any cabling projects. m. Have all engineers and installers bonded and liability insured. n. Furnish documentation of all certifications listed herein. o. Provide a reference list of 3 (#) existing K-12 E-Rate customers and the nature of the products and services delivered. p. Provide documentation of prior experience successfully implementing comparably SLD-funded E-Rate projects. q. Suitably qualified engineers must be available to field supervise all applicable installation work. r. Ability to provide clear and detailed (per site per service line item charges) electronic billing statements as well as paper statements. D. DEFINITIONS OF TERMINOLOGY - COMMON AND TECHNICAL USAGE OF WORDS The definition of terminology, common and technical words used in this document is governed by and defined in PSFA Form #Con (Version 1.0) located at: E. PROCUREMENT MANAGER & PROTEST MANAGER 1. Clovis Municipal Schools has assigned a Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number, address, and address are listed below: Name: Address: Heather Nieto, Procurement Manager 1009 Main Street Clovis, NM Telephone: (575) Fax: heather.nieto@clovis-schools.org Page 3 of 39

8 2. Any inquiries or requests regarding this procurement shall be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. 3. The Protest Manager for this procurement shall be Heather Nieto the Certified Chief Procurement Officer (CPO) of Clovis Municipal Schools whose contact information is located on the State of New Mexico General Services/Procurement Department website at: 4. Protests of the solicitation or award must be delivered by certified/tracked mail via a common carrier such as UPS or FedEx, or the USPS to the Protest Manager. Faxed or ed protests will not be accepted. 5. As a Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, , ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. ed protests will not be considered as properly submitted. F. PROCUREMENT LIBRARY A procurement library has been established. Offerors 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 Manager and scheduling an appointment. As a service to the potential Offerors, the Procurement Manager will make copies of those documents that are not available on-line. The library contains information listed below: The library contains the information listed below: Procurement Regulations, NMAC A copy may be obtained from the following website: deregulationsexecutiveorders Guidelines to the New Mexico Public School Adequacy Standards, etc. - NMAC Statewide Adequacy Standards - NMAC Rules Public School Capital Outlay Council - Master Facility Plan - Public School Capital Outlay Council Awards Copies may be obtained from the following website: Page 4 of 39

9 II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule, description and conditions governing the procurement. A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule: Action Responsibility Date 1. Issue RFP District 1/16/ Pre-Proposal Conference RSVP Vendor 3. Pre-Proposal Conference District 01/22/2018 (Non-mandatory/Mandatory) Non-mandatory 10:00 a.m. 4. Intent to Respond to RFP Vendor 5. Deadline to Submit Written Questions Vendor 01/24/ Response to Written Questions/RFP District 01/29/2018 Amendments District 01/29/ /15/2018 2:00 p.m. 7. Submission of Proposal Vendor Proposal Screened & Distribution to 8. Committee District 02/15/ Selection of Finalists District 02/15/ Interviews with Finalists, if held District Final Evaluation Review/Recommendation of Award District 02/20/ Contract Negotiations District/Vendor 02/28/ Protest of Award Deadline Vendor 03/14/ days B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above. 1. Issuance of RFP This RFP is being issued on behalf of the Clovis Municipal School District on January 16, Pre-Proposal Conference RSVP (if Mandatory) If Conference is Mandatory, Potential Offerors shall hand deliver or , return by delivery receipt or USPS registered or certified mail, to have their organization placed on the procurement distribution list, a letter affirming the intent to attend. The letter shall be signed by an authorized representative of the organization, dated and returned to the Procurement Manager by 3:00 pm MST or MDT on N/A. The procurement distribution list will be used for the distribution of written responses to questions. Failure to return the Acknowledgement of Receipt form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror s organization name shall not appear on the distribution list. Page 5 of 39

10 3. Pre-Proposal Conference A Pre-proposal Conference may be held on the day and time shown on the table above at the address shown below. Contact the Procurement Manager for directions. Location Name: Clovis Municipal Schools Room: IRC Conference Room Address: 1009 N Main City/State/Zip: Clovis, NM Phone: (575) Intent to Respond to RFP Potential Offerors must provide written notice on Attachment A Intent to Respond to RFP in order to have their organization placed on the procurement distribution list. The notice shall be signed by an authorized representative of the organization, dated, and returned by close of business by the date shown on the table above to the Procurement Manager. The Procurement Distribution List will be used for the distribution of written responses to questions and any RFP amendments. Failure to provide notice your organization s Intent to Respond to RFP shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror s organization name shall not appear on the Distribution List. 5. Deadline to Submit 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 shown on the table above. All written questions must be addressed to the Procurement Manager. 6. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed on the date and time shown on the table above to all potential Offerors whose organization name appears on the procurement Distribution List. Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than three (3) days after the answers and/or amendments were issued. Any modifications to this Request for Proposals shall be made by the Procurement Manager via written addendum with copies sent to all firms on the procurement Distribution List. Only written communications shall be binding. 7. Submission of Proposals Proposal shall be delivered at the date and time stated in the RFP Schedule, to the location stated herein. Your proposal may be hand-delivered, delivered by a common carrier such as UPS or FedEx, or the USPS. Faxed or ed proposals will not be accepted. Regardless of the method you choose to deliver your proposal, late proposals will not be accepted under any circumstances. It is the Offeror s responsibility to ensure that the proposal is delivered to the correct location at the appointed time. Your Proposal shall be sealed in an envelope or box and shall be clearly identifiable on the outside of the envelope or box as to its contents. Page 6 of 39

11 Mark the outside of the envelope or box as follows: RFP # DUE ON FEBRUARY 15, 2017 AT 2:00 PM MDT Deliver Proposal to: ATTN: FEBRUARY 15, 2017 AT 2:00 PM MDT c/o CATEGORY ONE BROADBAND CONNECTIVITY RFP # Address: 1009 MAIN City/State/Zip: CLOVIS, NM Phone: (575) Proposals Screened & Distributed to Committee The evaluation of proposals will be performed by an Evaluation Committee, whose members are selected/appointed by the Procurement Manager. The Committee will be comprised of a minimum of three (3) but not more than five (5) members. The Procurement Manager will review each proposal package to determine that all Mandatory requirements for submittal have been met. The unopened Cost Proposal packages shall be separated from the Technical Proposals and locked away for evaluation after the Technical Proposals have been scored and ranked. The evaluation process will commence on the date and time shown in the table above. During the process, the Procurement Manager may, at her/his option, may initiate discussions with Offeror(s) who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. Proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors. Each Evaluation Committee Member, prior to any discussion or meeting as a group regarding the submitted proposals, will individually/independently evaluate the Technical Proposals, and submit their individual completed Initial Proposals Evaluation Sheets to the Procurement Manager for an initial ranking/scoring of the Offerors. After the initial ranking is completed, the Procurement Manager will convene the Committee as a group to collaboratively evaluate the Offerors Technical Proposals and submit their individual Final Proposals Evaluation Sheets to the Procurement Manager. After the Final Technical Scoring/Ranking is completed by the Procurement Manager, the Cost Proposals will then be opened and evaluated, scored, and ranked. The rank of the Technical Proposal will be added to the rank of the Cost Proposal to determine the short list of Offerors (Finalist) to be interviewed. The District reserves the right to hold interviews, or not, depending on the outcome of the Technical and Cost Proposal evaluations. Page 7 of 39

12 9. Selection of Finalists Offerors will be notified of the status of the Selection of Finalists unofficially by with a return receipt, or by certified mail. If you are not selected as a finalist, you will also be notified unofficially by with a return receipt or by certified mail. The notification or letter shall serve as notice to stand down from the procurement process. 10. Interviews with Finalists, If Applicable/Held Interviews may be conducted if the Evaluation Committee determines it is in the best interests of the District to do so. Finalists will be notified by with return receipt and/or in writing, if a pre-interview meeting will be held for the purpose of distributing questions, rules and schedules for interviews. The Procurement Manager will schedule the time for each Offeror s presentation. The place and time of interviews will be determined by the number of Offerors on the short list. Presentations shall be held at the location specified in the Finalist Notification Letter. The District reserves the right to award a single contract or multiple contracts based on an Offeror s qualifications and overall proposal. District may conduct interviews with Offerors where more than one proposal has been submitted in a region if deemed necessary by the evaluation committee. 11. Final Evaluation Review/Recommendation for Award The recommendation for award(s) will be finalized with the most advantageous Offeror(s) by the date and time shown on the table above. This date is tentative. In the event that mutually agreeable terms cannot be reached within the time specified, the District reserves the right to finalize an agreement with the next most advantageous Offeror without undertaking a new procurement process. The most advantageous proposal may or may not have received the most points. The Procurement Manager reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this Request for Proposals; and unless otherwise specified, to accept any item in a proposal. 12. Contract Negotiations Upon approval of award, the Procurement Manager and Evaluation Committee may negotiate the final contract(s). If the District and the Offeror cannot reach an agreement on the contract terms and conditions, the District may terminate negotiations with the first ranked Offeror and then go to the second ranked Offeror and negotiate a contract. If the second ranked Offeror cannot reach an agreement, the District reserves the right to cancel the procurement and re-advertise the solicitation. 13. Protest Deadline Any protest by an Offeror must be timely and in conformance with NMSA 1978, and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, , ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15 calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 pm Mountain Standard Time/Daylight Time on the 15 th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of Page 8 of 39

13 the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the Protest Manager. Protests received after the deadline will not be accepted. C. GENERAL REQUIREMENTS This procurement will be conducted in accordance with the applicable provisions of CFR Title 47 Chapter I Subchapter B Part 54 Subpart F and the State of New Mexico Procurement Code Sections through This General Requirements section contains specific information about the process and conditions under which this RFP is issued and conditions concerning how the projects will be completed. 1. Acceptance of Conditions Governing the Procurement Offerors shall indicate their acceptance of the Terms, Conditions, and Specifications Governing the Procurement in its letter of transmittal. Submission of a proposal constitutes acceptance of the Proposal Evaluation Factors contained in this RFP. 2. Incurring Cost Any cost incurred by Offeror(s) in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror. 3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with the District which may derive from this RFP. The District entering into a contractual agreement with a vendor will make payments to only the prime contractor. 4. Subcontractors/Consent Use of subcontractors shall be clearly explained in the proposal, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the District awarding any resultant contract, before any subcontractor is used during the term of this agreement. 5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The District personnel will not merge, collate, or assemble proposal materials. 6. Offeror s 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 must submit a written withdrawal request addressed to the Procurement Manager and signed by the Offeror s duly authorized representative. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations. Page 9 of 39

14 7. Proposal Offer Firm Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one. 8. Disclosure of Proposal Contents A. Proposals will be kept confidential until negotiations and the award are completed by the District. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements: B. 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. C. Confidential data is restricted to: 1. confidential financial information concerning the Offeror s organization; 2. data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA A-1 to 57-3A PLEASE NOTE: The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the State Purchasing Division or the District 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. 9. No Obligation This RFP in no manner obligates the District, the State of New Mexico or any of its Agencies to the eventual rental, lease, purchase, etc. of any equipment, software, or services offered until a valid written contract is awarded and approved by appropriate authorities. 10. 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. 11. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be effected by sending written notice to the contractor. The District s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. 12. Legal Review The District requires that all Offerors agree to be bound by the Specific and General Requirements contained in this RFP. Any Offeror s concerns must be promptly submitted in writing to the attention of the Procurement Manager. Page 10 of 39

15 In the event Offeror s forms or parts of forms are included as an attachment, Offeror agrees that, in the event of inconsistencies or contradictions, the terms and conditions of this solicitation document shall supersede and control over those contained in the Offeror s forms regardless of any statement to the contrary in an Offeror s form(s) or proposal. Notwithstanding the preceding sentence, the District reserves the right to consider the Offeror s additional terms and conditions and negotiate as necessary and applicable to the category of goods, services, or combination of goods and services offered by the Offeror in response to this RFP. Unless the District specifically agrees in an express written amendment of this solicitation, terms and conditions on Offeror s forms shall be of no effect. 13. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico. 14. Basis for Proposal Only information supplied, in writing, by the District through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals. 15. Contract Terms and Conditions In additions to the Terms and Conditions listed verbatim in this RFP, the Terms and Conditions contained in the Services Contract/Agreement (herein after referred to as Sample Agreement) are equally applicable to this solicitation/procurement process, and are incorporated herein and made a part of this RFP to the same extent as if they have been set out verbatim. A PDF Version of the Sample Agreement is located at, and Contractors participating in this RFP process, shall obtain a copy from: The contract between a District and a contractor will follow the format specified by the District and contain the terms and conditions set forth in the Sample Agreement. However, the contracting District reserves the right to negotiate provisions in addition to those contained in this RFP Sample Agreement with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror s proposal will be incorporated into and become part of any resultant contract. The District discourages exceptions from the contract terms and conditions as set forth in this RFP and Sample Agreement. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Evaluation Committee or the Procurement Manager, the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal/contract rewrite to correct. Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Agreement strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Evaluation Committee or Procurement Manager may or may not accept the alternative language. General references to the Offeror s terms and conditions or attempts at complete substitutions of the Sample Agreement are not acceptable to and will result in disqualification of the Offeror s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. Page 11 of 39

16 If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror. The District may accept any item or group of items of an offer, unless the Offeror qualifies the offer by specific limitations. Unless otherwise provided in the RFP, offers may not be submitted for quantities less than those specified. The District reserves the right to make awards to multiple contractors on any item for a quantity less than the quantity offered, at the unit prices offered, unless the Offeror specifies otherwise in the offer. 16. Offeror s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the District. Please see Section II.C.15 for requirements. The Evaluation Committee or Procurement Manager may, in its sole discretion, evaluate or consider any additional terms and conditions submitted with an Offeror s response. This applies to any language appearing in or attached to the document as part of the Bidder s response. By execution and delivery of this Request for Proposal and response(s), the Bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect unless expressly accepted by the District. 17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the District and the Offeror selected and shall not be deemed an opportunity to amend the Offeror s proposal. 18. Offeror Qualifications The Evaluation Committee may, via the Procurement Manager, make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, and Right to Waive Minor Irregularities The Evaluation Committee/Procurement Manager 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 same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. 20. Change in Contractor Representatives The District reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the District, adequately meeting the needs of the District. Page 12 of 39

17 21. Notice of Penalties The Procurement Code, NMSA 1978, through , 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. 22. District Rights The District reserves the right to accept all or a portion of a potential Offeror s proposal. 23. Cost Adjustments Pursuant to , NMSA 1978, Price Adjustments, the District hereby agrees to review a request by an Offeror awarded a contract to an adjustment in hourly rates at the end of a contract period, prior to the extension of the contract awarded for a consecutive year. Contractor(s) must provide detailed documentation and assessment as to the reasons for the request for an increase in price. The District will evaluate the request and write a determination to allow negotiations, or deny an adjustment to costs pertaining to the services proposed and agreed upon in the agreement. 24. Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the District written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or District contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror s proposal or removal from the contract. 25. Ownership of Proposals All documents submitted in response to the RFP shall become property of the District/State of New Mexico. 26. Indemnification The Contractor shall defend, indemnify and hold harmless the District and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the District and the Risk Management Division of the New Mexico General Services Department by certified mail. 27. Confidentiality Any confidential information provided to, or developed by, the contractor 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 contractor without the prior written approval of the District. The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring District's written permission. Page 13 of 39

18 28. Internet Access & address required A large part of the communication regarding this procurement will be conducted via the School/District/PSFA website and by electronic mail ( ). Offeror must have Internet Access and a valid address to receive correspondence. 29. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror s possession and the version maintained by the District, the Offeror acknowledges that the version maintained by the District shall govern. Please refer to: New Mexico Employees Health Coverage A. If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror 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. B. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state. C. Offeror 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 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 Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250, Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, Attachment B, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed unaltered form will result in disqualification. 32. Pay Equity Reporting Requirements A. If the Offeror has ten (10) or more employees OR eight (8) or more employees in the same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a contract. Out-of-state Contractors that have no facilities and no employees working in New Mexico are exempt if the contract is directly with the out-of-state contractor and fulfilled directly by the out-of-state contractor, and not passed through a local vendor. B. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty Page 14 of 39

19 (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract. C. Should Offeror not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, Offeror must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement. D. Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement. 33. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any State Agency, District 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: 1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, State Agency, District or local public body; 2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for: a. 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; b. violation of Federal or state antitrust statutes related to the submission of offers; or c. 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; 3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure; 4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3, of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply. a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. c. Have within a three year period preceding this offer, had one or more contracts terminated for default by any Federal Agency, State Agency, District or local public body. Page 15 of 39

20 B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities. C. The Contractor shall provide immediate written notice to the Purchasing Agent or the District s Chief Procurement Officer if, at any time during the term of this Agreement, the Contractor learns that the Contractor s disclosure was at any time erroneous or became erroneous by reason of changed circumstances. D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive. E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings. F. 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 Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer. 34. New Mexico Preferences THIS PROVISION IS NOT/CANNOT BE APPLICABLE TO ANY PROCUREMENT RELATED TO E-RATE REQUIREMENTS WHICH INCLUDED FEDERAL FUNDS. 35. Requirement for Bid Security Bid security shall be required for construction contracts when the price is estimated to exceed twenty-five thousand dollars ($25,000). Bid security in an amount equal to at least five percent of the amount of the bid shall be a bond provided by a surety company authorized to do business in this state, or the equivalent in cash, or otherwise supplied in a form satisfactory to the State Agency, District or a local public body. 36. Bonding of subcontractors When applicable, subcontractors shall be required to provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more. (Reference NMSA 1978) Page 16 of 39