Current through Register Vol. 35, No. 18, September 24, 2024
A. Two-part proposal submissions. In addition
to any requirements imposed by 1.4.1.29 NMAC through 1.4.1.47 NMAC, or
otherwise specified in the request for proposal document, RFPs issued under
this rule shall instruct offers to submit two-part, two-volume written
proposals. Each volume shall be submitted in a separate sealed envelope or
package and offerors shall be instructed to clearly label each volume with
their name, address and date of submittal and prominently identify each as:
volume I: technical proposal and volume II: price proposal.
B. Restrictions regarding opening of
proposals. Price proposals shall remain sealed until the using agency has
completed its evaluation of the technical proposals for all offerors and has
prepared final technical scores as required by this rule.
C. Representations in RFP process. All RFP
documents executed in connection with an RFP issued pursuant to this rule shall
contain an acknowledgement and certification section with the following
provisions.
(1) All RFP documents shall be
signed by a director, officer or manager of the submitting firm who has
sufficient knowledge to fully address all matters and respond to all inquiries
included in RFP documents.
(2) The
submitting firm shall represent that the information provided in the RFP
documents is truthful, accurate and complete and that the firm and individual
responsible for the submission shall be fully responsible for and bound by all
information, data, certifications, disclosures and attachments included in the
RFP documents.
(3) The submitting
firm further understands:
(a) the information
and data provided in connection with the RFP documents, as well as any other
relevant information obtained from any other sources regarding the firm, may be
reviewed to determine whether it qualifies as a responsible contractor pursuant
to 1.4.1.47 NMAC and whether its offer represents the best value to using
agency;
(b) a firm's failure to
meet responsibility standards or provide requested information may render it
ineligible to perform work on the prospective procurement contract;
(c) the submitting firm acknowledges its
obligation to carefully review and complete, and, when applicable, update the
RFP documents;
(d) the omission of
any material fact concerning requested or submitted information, or the
submission of any material false or misleading statement, or misrepresentation
of a material fact concerning any requested or submitted information, may lead
to the disqualification of the proposal.
(4) The submitting firm agrees that if it is
awarded the contract, the RFP documents, and all terms and conditions specified
therein, and all information, data, certifications and disclosures included in
the RFP documents, shall be incorporated into the contract.
(5) The submitting firm further understands
that if is determined that it has intentionally or recklessly failed to
disclose requested information, or has intentionally or recklessly made a false
statement, misrepresentation, or omission regarding a material fact relating to
the RFP documents, the firm may be declared in default of contract and any such
conduct shall provide the using agency with grounds to terminate the contract
and/or withhold full or partial payment and/or impose any sanctions or
penalties, as deemed appropriate and available under New Mexico law.
D. Contractor/Subcontractor
Qualification Statements. A general contractor or other prime contractor
submitting a proposal pursuant to an RFP issued under 1.4.8 NMAC shall be
required to submit as part of its technical proposal a certified contractor
qualification statement and certified subcontractor qualification statements in
accordance with the requirements of 1.4.8.12 NMAC.
(1) Use of Qualification Statements.
Contractor and subcontractor qualification statements shall be submitted on
forms prepared by the general services department or the using agency.
Information provided in these statements shall be considered by the using
agency for evaluating and scoring contractors and subcontractors on technical
proposals required under this rule. These statements shall also be considered
in determining whether a contractor or subcontractor is a responsible
contractor for purposes of 1.4.1.47 NMAC. RFPs should inform contractors and
subcontractors, however, that in making such evaluations and determinations,
the using agency is not restricted to the minimum information required for
disclosure qualification statements and that any relevant information regarding
performance from reliable sources may be considered.
(2) Subcontractor Qualification Statements.
Subcontractor qualification statements shall be required for all subcontractors
identified in the technical proposal pursuant to the subcontractor listing
requirements 1.4.8.13 NMAC, where the value of the subcontract is
fifty-thousand ($50,000) or five percent, whichever is greater. A using agency
may reserve the right to require subcontractor qualification statements from
any other subcontractors, at whatever tier and regardless of the value of the
subcontract.
(3) Minimum
Information Required. Contractor and subcontractor qualification statements
required pursuant to Subsection D of 1.4.8.12 NMAC shall include, at a minimum,
the following information:
(a) a list of all
projects the firm has performed work on in the five (5) years immediately
preceding the submission of its proposal that are similar in size and scope, as
specified by the using agency in the RFP, to the prospective procurement
project; in the event that an offeror or a pre-listed subcontractor is a new
business and does not have a performance record sufficient to evaluate the
firm's past performance, the using agency may consider the past performance of
the firm's officers, management and owners or partners;
(b) copies of any types of performance
evaluations reports for the past five (5) years prepared in connection with the
work identified in Subparagraph (a) of Paragraph (3) of Subsection D of
1.4.8.12 NMAC;
(c) the following
representations, regarding the firm's present capabilities to perform the
procurement contract and its prior history for the past three (3) years
immediately preceding the date of this statement:
(i) the firm has a current contractor
registration, as required by Section
13-4-13.1
NMSA 2004;
(ii) the firm has all
applicable business and/or contractor licenses required by state or local
law;
(iii) the firm possesses the
necessary equipment, financial resources, technical resources, management,
professional and craft personnel resources and other required capabilities to
successfully perform the contract, or will achieve same through its prelisted
subcontractors;
(iv) the firm has
not had any business, trade or contracting license suspended or
revoked;
(v) the firm has not been
debarred by any government agency;
(vi) the firm has not defaulted on any
project;
(vii) the firm has not
committed willful or repeated violations of federal or state wage laws as
determined by a final non-appealable decision of a court or government
agency;
(viii) the firm has not
committed serious or willful violations of federal or state safety laws as
determined by a final non-appealable decision of a court or government
agency;
(ix) disclosure by the firm
of the following most recently available safety data: experience modification
ratings; total lost workday incident rates (calculated by the number of lost
time injuries and illnesses x 200,000 ÷ total hours worked); and
recordable incident rates (calculated by the number of injuries x 200,000
÷ total hours worked).
(4) Additional Performance Related
Information. Using agencies may also require additional relevant information
relating to a firm's past performance or present capability to perform the
procurement contract. The extent of detail of such information may vary with
the size and complexity of the project. Using agencies may require that
additional information required from contractors and subcontractors be included
in contractor and subcontractor qualification statements, or in other sections
of the offeror's technical proposal. Types of additional information using
agencies may wish to consider include, but are not limited to:
(a) information regarding the firm's
financial status and financial resources;
(b) bonding information, including
affirmative letters of bonding from certified bonding companies;
(c) past incidents involving denials of
pre-qualification or findings of non-responsibility;
(d) past incidents of law violations in any
area relating to contracting, including violations of environmental laws,
antitrust laws, licensing laws;
(e)
outstanding tax delinquencies to the state of New Mexico or its political
subdivisions;
(f) disclosure of the
names of any corporations, partnerships or other business entities the firm or
its owners or officers have owned or operated in the past five (5)
years;
(g) disclosure of the
following information with regard to all projects identified in response to
Subsection D (3)(a) of 1.4.8.12 NMAC:
(i) the
original bid or proposal price of the projects and the final price of the
projects and a brief explanation of cost growth, if any, for such
projects;
(ii) the originally
scheduled completion date of the projects and the final completion dates of the
projects and a brief explanation of schedule growth, if any, for such
projects;
(iii) a list of any
contract claims or cases in litigation or arbitration concerning the projects,
a brief description of the reasons for such disputes and status of such
cases.