Cibola County Legal Services

expired opportunity(Expired)
From: Cibola(County)
RFP No. 2024-003

Basic Details

started - 09 Feb, 2024 (2 months ago)

Start Date

09 Feb, 2024 (2 months ago)
due - 15 Mar, 2024 (1 month ago)

Due Date

15 Mar, 2024 (1 month ago)
Bid Notification


Bid Notification
RFP No. 2024-003


RFP No. 2024-003
Cibola County

Customer / Agency

Cibola County
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AND RETURNED UNOPENED NOTE: USE OF THE MAIL SERVICE IS AT YOUR OWN RISK FOR PROPER DELIVERY The sealed envelope containing the proposal must be marked with the date and RFP #2024-003 Cibola County Legal Services. The procurement code, section 13-1-28 through 13-1-100, NMSA, 1978 imposes civil and criminal penalties for code violations. In addition, the New Mexico criminal statutes impose felony/penalties for illegal bribes, gratuities and kickbacks. The Cibola County Commission reserves the right to reject any and all proposals and to waive all formalities. For the Board of County Commissioners /s/ Kate Fletcher County Manager 3 PART 1-PROPOSAL INSTRUCTIONS AND PROCUREMENT INFORMATION 1. CLARIFICATION- Any inquiries or requests regarding clarification of this procurement Documents shall be submitted to the Procurement Agent in writing. Contact information is Wendy Self, 700 E. Roosevelt Ave. Ste. 50 Grants, NM 87020 or Offers’ may contact ONLY the Procurement Agent regarding the terminology stated in the procurement documents. Other County employees do not have the authority to respond on behalf of the County. 1.1 Offerors Shall promptly notify the County Procurement Agent of any ambiguity, inconsistency, or error which they may discover upon examination of the RFP. Any response made by the County will be provided in writing to all Proposers by addendum. No verbal responses shall be authoritative. 1.2 No Addendum will be issued later than three (3) days prior to the date for receipt of Proposal, except an Addendum withdrawing the Request for Proposals or one which includes postponement of the date for receipt of Proposal. 2. DEFINITIONS- This section contains definitions that are used throughout this procurement document, including appropriate abbreviations: “Agency” Cibola County “Contract” means a written agreement for the procurement of items of tangible personal property or services. “Contractor” means a successful Offeror. “Determination” means the written documentation of a decision of a Procurement Manager including findings of fact supporting a decision. A determination becomes part of the procurement file. “Desirable” The terms “may”, “can”, “should”, “preferable”, or “prefers” identify a desirable or discretionary term or factor) as opposed to “mandatory”). “EVALUATION Committee” means a body appointed by the County Management to perform the evaluation of Offeror proposals. “Evaluation Committee Report” means a document prepared by the Procurement Manager and the Evaluation Committee for submission to the Board of County Commission and/or County Manager for contract award. It contains all written determinations resulting from the evaluation. “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. 4 “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 refection of the Offeror’s proposal. (Offeror” or Proposer is any person, corporation, or partnership who chooses to submit a proposal. “Purchase Order” means the document which directs a contractor to deliver items of tangible personal property or service pursuant to an existing contract. “Procurement Agent” means the person or designee authorized by the Agency 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/her 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. 3. EXCEPTIONS-Any exceptions to the scope of work and/or specifications shall be listed separately and specifications attached are the minimum requirements. The specifications submitted herein are all that were available to the Purchaser at the time of this mailing. Minor deviations to the specifications as listed, may be considered. 4. IRREGULARITIES- The County 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 or may not be rejected by the County depending on available competition and timely needs of the County. The County reserves the right to award the contract to the responsible proposer submitting responsive proposals with resulting agreements most advantageous and in the best interest of the County. 5. COST - All cost incurred by a Proposer in connection with responding to this RFP, the evaluation and selection process undertaken in connection with the procurement and any negotiations with the County will be borne by the Proposer. 6. NO OBLIGATION- This procurement in no manner obligates Cibola County until a valid signed contract is executed. 7. INCOMPLETE RESPONSES- The County reserves the right to eliminate any Proposer that submits incomplete or inadequate responses or is not responsive to the requirements of this RFP. 5 8. NEGOTIATIONS-Should the County be unable to negotiate a satisfactory contract with the business considered to be the most qualified at a price determined by the County to be fair and reasonable, negotiations with that business shall be formally terminated. The County may then undertake negotiations with the second most qualified business. The County reserves the right to discontinue negotiations with any selected Proposer. 9. COMPETITION-In signing a contract with Cibola County the Contractor certifies that the Contractor has not, either directly or indirectly, entered into action in restraint of full competition in connection with the proposal submitted to the County. 10. PROPOSAL DISCLOSERS-The contents of the proposals will be kept confidential until a contract or contracts have been awarded. At that time, all proposal documents pertaining to this procurement will be open to the public, except for the material, which is propriety or confidential. The Purchasing Manager 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. 10.1 Proprietary or confidential data shall be readily separable from the offer in order to facilitate eventual public inspection of the non-confidential portion of the offer. Confidential data is normally restricted to confidential financial information concerning the Offeror’s organization and data that qualifies as trade secret in accordance with the Uniform trade Secrets Act, 57-3A-1 to 57- 3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary of confidential information. 11. REJECT ALL- Pursuant to Sec 13-1-131 NMSA, 1984 Comp., as amended, Cibola County reserves the right to reject any and all proposals, whole or in part, submitted hereunder, provided that such rejections shall be accomplished by a written statement declaring the reason for the rejections. 12. SOLE INTERPRETER-Cibola County has the right to refuse any or all proposals and is the sole interpreter of the intent of any clause of the specifications and sole judge as to whether the items proposed or any part or fitting thereof complies with the specifications. 13. RFP RESPONSES-By responding to this RFP, Proposers acknowledge and consent to the rights and conditions set forth in this RFP. 14. CONTACTS-Offerors MAY NOT contact other Cibola County Departments, the Cibola County Manager or his staff, members of the Cibola County Board of County Commissioners or their staff, and any other Cibola County Elected Official or their staff regarding inquiries or requests regarding clarification to this RFP. All inquiries or request regarding clarification of this procurement document shall be submitted to the Procurement Officer in writing. 15. CONTRACTS-The contract between Cibola County and a Contractor will follow the format specified by the County and contain the terms and conditions set forth in the contract. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal including best and final offer will be incorporated into and become part of the contract. 6 15.1 Should an Offeror object to any of the County’s terms and conditions contained in the Procurement Section that Offeror must propose specific alternative language with the proposal. The County 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 County 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. 15.2 Offerors must submit with their proposal any additional terms and conditions that they would like to have included in a cont5ract negotiated with the County, such terms must be clearly identified in the proposal. 16. PROTESTS- Any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Purchasing Agent in accordance with the requirements of the State Procurement Code. The protest shall be made in writing withing 24 hours after the facts or occurrences giving rise thereto, but in no case later than 15 calendar days after the facts or occurrences giving rise thereto (13-1-172 NMSA 1978). 16.1 In the event of a timely protest under this section, the County will not proceed further with the procurement unless the Purchasing Agent makes a determination that the award of Agreement is necessary to protect substantial interests of the County (13-1-173 NMSA 1978) 16.2 The Purchasing Manager or his/her designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Offeror concerning procurement. This authority shall be exercised in accordance with adopted regulations, but shall not include the authority to award money damages or attorneys’ fees (13-1-174 NMSA 1978) 16.3 The Purchasing Agent or his/her designee will promptly issue a determination relating to the protest. The determination will: A. state the reasons for the action taken; and B. Inform the protestant of the right to judicial review of the determination pursuant to 3-1-183 NMSA 1978 16.4 A copy of the determination issued under 13-1-175 NMSA 1978 will immediately be mailed to the protestant and other Offerors involved in the procurement (13-1-176 NMSA 1978). 17. “PIGGY BACK” In accordance with NMSA 13-1-129 of Procurement Code, Offerors are hereby notified that other government entities within the State of New Mexico, or as otherwise allowed by their respective governing directives, may contract for the goods or services included in this procurement document with the awarded contractor. Contractual engagements accomplished under this provision shall be solely between the awarded vendor and the contracting government entity with no obligation by Cibola County. 18. GROSS RECEIPTS TAX- New Mexico Statutes requires that the proposal amount exclude the applicable state gross receipts tax or applicable local option tax but that the contracting agency (owner) shall be required to pay the applicable tax including any including any increase in the applicable tax becoming effective after the date the contract is entered into. The applicable gross 7 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. 19. BRIBES, GRATUITIES AND KICK-BACKS- Pursuant to 13-1-191 NMSA 1978, reference is hereby made to the criminal laws of New Mexico (including 30-14-1, 30-24-2, 30-41-1 through 30-41- 2 NMSA 1978), which prohibit bribes, kickbacks, and gratuities, violation of which constitutes a felony. Further, the Procurement Code (13-1-28 through 13-1-199 NMSA 1978) imposes civil and criminal penalties for its violation. 20. COLLUSION- No Proposer shall be interested in more than one proposal. Collusion among Proposers or the submission of more than one proposal under different names by any firm or individual shall be cause for rejection of all proposals without consideration. The enclosed Non- Collusion Affidavit must be executed along with the Proposal. 21. APPROPRIATIONS-The terms of the Agreement are contingent upon sufficient appropriations and allocations being made by the County or other funding agency. If the County or other funding agency does not make sufficient appropriations and authorization, the agreement shall, notwithstanding any other provisions of the agreement, terminate immediately upon Contractor’s receipt of written notice of termination from the County. Cibola County’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. 22. DEBARMENT AND SUSPENSION- The Proposer (offeror) certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the proposer/offeror/ contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. The enclosed Certificate of Debarment and Suspension must be executed along with the Proposal. 23. EQUAL OPPORTUNITY- The Contractor, subcontractors, and all sub-contractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post inconspicuous places, available to employee and applicants for employment, notices setting forth the policies of nondiscrimination. The Contractor, all subcontractors, and all sub- contractors shall, in all solicitation or advertisements for employees placed by them or on their behalf; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. 24. PROPOSAL AWARD-The County reserves the sole right to: 24.1 Determine responsible Proposers and responsive proposals. 8 a) Responsible Proposer: A Proposer who submits a Responsive Proposal and who has furnished, when required, information and data to prove that his/her financial resources, production or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the construction described in the Request for Proposal. b) Responsive proposal: A. proposal which conforms in all material respects to the requirements set forth in the Request for Proposal. 24.2 Determine and waive minor technicalities in the proposal form or requirements not affecting price, quality, or quantity of items or services sought. Reject any or all proposals in part or in whole. 25. INSURANCE REQUIREMENTS- The Contractor shall not commence work under this contract until he/she has obtained all insurance required under this paragraph and such insurance has been approved. The contractor shall not allow any subcontractor to commence work on this subcontract until all similar insurance required of the subcontractor has been obtained. 25.1 General Conditions a) For the duration of the contract and until all work specified in the contract is completed the Contractor shall maintain in effect all insurance as required below and comply with all limits, terms and conditions stipulated therein. Any claims made coverages shall be maintained for two years after the substantial completion. All insurance shall be written to conform to the requirements below. b) Evidence of such insurance shall consist of a completed certificate of insurance, signed by the insurance agent for the Contractor and returned to the Owner. The County reserves the right to request a copy of the Contractor’s insurance policies. 25.2 The certificate of insurance shall reflect that: a) All required insurance is in effect. b) The county shall be an additional insured on the Contractor’s general liability policy with respect to activities under this contract. The additional insured endorsement shall be ISO form CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. c) The general liability insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. d) The general liability insurance of the Contractor shall be primary insurance and any insurance or self-insurance of the County shall be excess and not contributory insurance. e) If for any reason, any material change occurs in the coverage during the course of the contract, such change will not become effective until 30 days after the Owner has received written notice of such change. 25.3 Contractor shall obtain insurance of the types described below from an insurer with an A.M. Best 9 Rating of not less than A-VIII and authorized to do business in the State of New Mexico: a) Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or similar and shall cover liability arising from products and completed operations, premises, contractual liability, personal injury, and advertising injury. There shall be no endorsement or modification of the Commercial General Liability insurance limiting coverage for claims arising from explosion, collapse, or underground exposures. b) Workers’ Compensation Insurance as required by the State. c) Automobile Liability Insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form providing equivalent liability coverage. d) Professional Liability Insurance specific to the Contractor’s profession. 25.4 Limits Required-Contractor shall maintain the following insurance limits: a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, a $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. b) Workers” Compensation Insurance with limits as required by Statute. c) Automobile Liability Insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000.00 per accident. d) Professional Liability Insurance in an amount not less than $1,000,000 per occurrence. 25.5 Subcontractors- The Contractor shall: a) Include all subcontractors as insured under its policies or, shall furnish separate certificates and endorsements for each subcontractor to the Owner. b) The Subcontractors’ Commercial General Liability insurance shall be written with limits no less than $1,000.000 each occurrence, and $2,000,000 general aggregate and $1,000,000 products- completed operations aggregate limit. 10 PART 2-THE RFP-LEGAL SERVICE A. SEQUENCE OF EVENTS Action Responsible Party Due Dates 1. Issue RFP Procurement Manager February 9, 2024 2. Distribution List Potential Offerors (PO) February 23, 2024 3. Deadline to submit Questions Potential Offerors March 1, 2024 4. Response to Written Questions Procurement Manager March 8, 2024 5. Submission of Proposal Potential Offerors March 15, 2024 @ 2:00PM 6. Proposal Evaluation Evaluation Committee March 20, 2024 7. Notice of Intent to Award Procurement Manager March 29, 2024 9. Protest Period Offerors 15 days after Notice of Intent to Award 10. Contract Award County Manager/BCC TBA B. PROJECT DESCRIPTION Cibola County, New Mexico is soliciting qualification-based proposals from highly qualified firms to enter into an agreement for Legal Services. Proposers must demonstrate that they have the professional knowledge, experience and technical expertise required to provide this service. The County intends to enter into a contract with one or more firms to provide the above-mentioned services for one (1) year with the option to renewal for an additional three (3) years not to exceed a total of four (4) years. SCOPE OF WORK Cibola County Administration office is seeking proposals for the provision of Legal Services in the following areas but not limited to: Experience with New Mexico Local County Government Experience with Contract Law Experience with Employment Law Experience with Procurement Law Experience with Criminal Law 11 Experience with Tort Litigation Experience with Union Contract Negotiations • Each attorney submitting a proposal must possess a Juris Doctorate degree and have graduated from a law school accredited by the American Bar Association. • Each attorney submitting a proposal must be licensed to practice law in the State of New Mexico and a member in good standing of the New Mexico Bar Association. • Each attorney submitting a proposal must have a minimum of 10 years’ experience as an attorney. The following information must be included in your proposal: Provide hourly rates for both of the following situations: 1. The hourly rate for legal services for attorneys, together with a description of the method for charging for fractional portions of an hour. The method for charging for out-of town County Business other than Court. Method of charging for expenses, i.e., photocopies, long distance mileage other such items commonly called expenses in the Legal Profession. The hourly rates if any charged for staff, secretarial or paralegal services. 2. Alternatively, responsive proposals may offer an alternative billing method such as a flat fee, payable monthly, quarterly, etc. In the event a proposal contemplates such an alternative fee arrangement, the proposal shall completely describe and set forth each and every aspect condition and/or property of such alternative billing proposal. 3. A detailed description of the firm’s experience in local government and identification of the person or persons within the firm who will be primarily responsible for county representation. A questionnaire is attached hereto to assist you in providing a complete description of experience. The questionnaire must be truthfully and accurately completed. 4. A detailed description of the firm’s overall experiences and practice. A questionnaire is attached hereto to assist you in providing a complete description of experience. The questionnaire must be truthfully and accurately completed. 5. A detailed description of office facilities and support staff resources. A questionnaire is attached hereto to assist you in providing a complete description. The questionnaire must be truthfully and accurately completed. 6. A detailed description of your firm’s familiarity with the workings of Cibola County and/or County government. 7. A sample contract the applicant would offer to the county in the event the applicant has the successful proposal. The questionnaire must be truthfully and accurately completed. 12 PROPOSAL REQUIREMENTS Proposals should be logically organized and as concise as possible. Five (5) copies and (1) original shall be submitted. 2- The following information must be included in your proposal: A. Firm name, address, telephone number, email address and the name of the firm’s contact person. B. A list of names and titles of key personnel that will be responsible for the Legal Services. Resumes and copies of Certifications shall be included and attached. Credentials are subject to verification. C. A thorough description of your proposal and implementation. D. A list of at least three (3) references including phone number, address and a contact person. Please do not include Cibola County personnel. E. A Cost Proposal that includes hourly rates for both situations indicated above. F. Other supporting Documentation. FAILURE to adequately address and meet the above requirements may be cause for your proposal to be deemed non-responsive by the Procurement Manager. METHOD OF AWARD All proposals will be evaluated on a 1,200-point scale as follows: REQUIREMENT POINTS AVAIL. Professional Qualifications 200 Office Facilities and Support Staff 100 Accessibility 250 Experience with New Mexico Local County Government 200 Experience with Contract Law 50 Experience with Employment Law 50 Experience with Procurement Law 50 Experience with Criminal Law 50 Experience with Tort Litigation 50 Experience with Union Contract Negotiations 50 References 50 Cost 100 1,200 13 FOR EASE OF EVALUATION, PROPOSALS SHOULD BE FORMATTED IN THE ORDER AS LISTED ABOVE. An evaluation committee will judge the merits of proposals received in accordance with the evaluation factors defined herein. Failure of the Offeror to provide any information requested in this Request for Proposals may result in disqualification of the proposal and shall be the sole responsibility of the Offeror. The County is anticipating a single source award; however, the County reserves the right to multiple source award if it is determined to be in the best interest of the County. The County Board of Commissioners may request a personal interview QUESTIONNAIRE FOR SERVING AS GENERAL COUNSEL TO CIBOLA COUNTY, NEW MEXICO 1. FULL NAME: 2. COUNTY OF RESIDENCE: 3. OFFICE ADDRESS 4. PHONE NUMBER: 5. BAR ADMISSIONS AND DATES: 6. PRESENT EMPLOYMENT: LIST YOUR PROFESSIONAL PARTNER(S), ASSOCIATES OR EMPLOYER 7. PREVIOUS EMPLOYMENT AND DATES: PAST PROFESSIONAL PARTNERS, ASSOCIATES OR EMPLOYERS 8. LIST 5 REFERENCES- ON A SEPARATE ATTACHMENT ENTITLED: REFERENCES 9. PLEASE HAVE AT LEAST (3) LETTERS OF RECOMMENDATION FROM YOUR REFERENCES LISTED ABOVE AND SUBMIT THEM WITH YOUR PROPOSAL 10. DESCRIBE THE NATURE OF YOU LAW PRACTICE FOR AT LEAST THE LAST SIX (6) YEARS, INCLUDING THE TYPE OF LEGAL WORK, WHETHER IN TRIAL OR APPELLATE COURT, ETC. DO YOU HOLD YOURSELF OUT AS A SPECIALIST IN ANY AREAS? DO YOU LIMIT YOUR PRACTICE IN ANY WAY? 11. PROVIDE A COMPLETE DESCRIPTION OF YOUR EXPERIENCE IN THE FOLLOWING AREAS: PUBLICE TAXATION: 14 COMMERCIAL LAW: CRIMINAL LAW: APPELLATE PRACTICE: EMPLOYMENT LAW INCLUDING EEOC AND HUMAN RIGHTS ADMINISTRATIVE HEARINGS: PUBLIC COTRACTING: LOBBYING: ELECTIONS: PUBLIC FINANCE AND ACCOUNTING PURSUANT TO THE NEW MEXICO STATUTES: PUBLIC ROAD AND EASEMENT ISSUES INCLUDING RS2477 ROADS: LAW ENFORCEMENT, LIABILITY AND CIVIL RIGHTS: WORKER’S COMPENSATION PURSUANT TO THE NEW MEXICO SATUTORY PROVISIONS: VOLUNTEER FIRE DEPARTMENT MANAGEMENT AND LIABILITY: ENVIRONMENTAL LAW AT THE STATE AND FEDERAL LEVEL: PUBLIC LANDS ISSUES INCLUDING STATE LAND OFFICE, BLM, MILITARY RESERVATIONS, AND NATIONAL FOREST: (B) HOW MANY CASES HAVE YOU TRIED TO A JURY IN THE PAST 5 YEAR? PLEASE INDICATE WHETHER THESE JURY TRIALS INVOLVED CRIMINAL OR CIVIL CASES: (C) HOW MANY CASES HAVE YOU TRIED WITHOUT A JURY IN THE PAST 5 YEARS? PLEASE INDICATE WHETHER THESE NON-JURY TRIALS INVOLVED CRIMINAL OR CIVIL CASES: (D) HOW MANY APPEALS HAVE YOU HANDLED? PLEASE INDICATE HOW MANY OF THESE APPEALS OCCURRED WITHIN THE LAST 2 YEARS: 12. PLEASE EXPLAIN YOUR REASONS FOR APPLYING FOR THIS POSITION AND WHAT FACTORS YOU BELIEVE INDICATE THAT YOU ARE WELL SUITED FOR IT? ___________________________________________ Signature of Attorney 15 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Offeror certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency: 2. Have not within a three year period preceding this proposal been convicted of, had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any offenses; 4. Have not within a three-year period preceding this application/proposal had one or more public transaction (Federal, State, or local) terminated for cause or default. I understand that false statement on this certification may be ground for rejection of this proposal or termination of the award. Under 18USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date 16 NON-COLLUSION AFFIDAVIT STATE OF __________________ COUNTY OF ________________ _____________________________________ (name) being first duly sworn, deposes and says that he/she is (title) ________________________________ Of (organization) _________________________________________________________________________ Who submits herewith to the County of Cibola, a proposal: That all statements of fact in such proposal are true: That said proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the County of Cibola, or of any bidder of anyone else interested in the proposed contract; That prior to the public opening and reading or proposal, said bidder; 1. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal 2. Did not directly collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposals; 3. Did not in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of their proposal price, or of that of anyone else; 4. Did not directly or indirectly, submit his proposed price or any breakdown thereof, or the contest thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association organization, bid depository or to any member or agent thereof, or to any individual or group of individuals, except that County of Cibola, or to any person or persons who have a partnership or other financial interests with said bidder in his business. By: ______________________________________________________________ Title _____________________________________________________________ SUBSCRIBED and sworn to before me this ________ day of ______________, 20 ___________ Notary Public: ________________________________________My Commission Expires: 17 Related Party Disclosure Form 1. Are you indebted to or have receivable from any member of the Board of County Commissioners; elected county officials, administration officials, department heads, and key management supervisors with the County of Cibola? Yes _______ No ________ 2. Are you, or any officer of your company related to any member of the Board of County Commissioners; elected county officials, administration officials, department heads, key management supervisors of the County of Cibola and have you had any of the following to which Cibola County was, is to be, a party? Yes No Sales, Purchase or leasing of property? ____ ____ Receiving, furnishing of goods, services Or facilities ____ ____ Commissions or royalty payments ____ ____ 3. Does any member of the Board of County Commissioners; elected county officials, administration officials, department heads, key management supervisors with the County of Cibola, have any financial interest in your company whether a sole proprietorship, partnership, or corporation of any kind that currently conducts business with the County of Cibola? Yes ____ No ____ 4. Did you, your company, or any officer of your company have an interest in or signature authority over a bank account for the benefit of a member of the Board of County Commissioners; elected county officials, administration officials, department heads, key management supervisors with the County of Cibola? Yes ____ No ____ 5. Are you negotiating to employ or do you currently employ any employee, officer or family member of an employee or officer of County of Cibola? Yea____ No ____ The answers to the forgoing questions are correctly stated to the best of my knowledge and belief. Signature of Owner or Company President: ________________________ Date ________________ (Print Name and Title) _______________________________________________________________ 18 CIBOLA COUNTY PURCHASING TERMS & CONDITIONS UNLESS OTHERWISE SPECIFIED 1. BIDS ARE TO COMPLY WITH ALL INSTRUCTIONS AND PROVIDE THE INFORMATION REQUESTED. FAILURE TO DO SO MAY DISQUALIFY YOUR BID. All bid items are to be NEW and of most current production, unless otherwise specified. 2. Samples of items, when required, must be furnished free of expense prior to the opening of bids and if not destroyed, will, upon request, be returned at the bidder’s expense. 3. Prices should be stated in units or quantity specified, with packing included. All deliveries will be F.O.B. Grants, NM unless otherwise specified. 4. Time or proposed delivery must be stated in definite terms. If time varies for different items, the bidder should so state. 5. Time of delivery shall be stated as the number of calendar days following receipt of the order either verbally or in writing, whichever is received first by the vendor, to receipt of the goods or services by Cibola County. 6. Time of delivery may be a consideration in the award. 7. Envelopes containing bids must be sealed and marked with name, address of the bidder, due date, and bid number. 8. IMPORTANT: Bids not received in the office of the Purchasing Agent at the time of opening are disqualified and will be returned unopened. 9. Corrections and/or modifications received after the opening time specified will not be accepted. 10. Where an item is specified by brand name and numbers these are used in these specifications as a matter of convenience to indicate quality, type, and features desired. Accordingly, demonstrably equal merchandise will be given full consideration and the bidder is invited to offer such, except where it is clearly stated that such brand names and/or models are specified for the purpose of standardization. Any “or equal” items offered must be substantially equal to the appearance, design, dimensions, approximate cost of the item specified, and must be of equivalent materials, function, and sturdiness of construction of the item specified. Any deviation from specifications must be clearly itemized by the bidder. When offering substitutions, please specify, and include descriptive literature. 11. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified. 12. Cibola County is exempt from paying sales tax for materials and federal excise taxes. Do not include those taxes in bid. A nontaxable transaction certificated will be provided when payment is made. Services and tax on labor only are not exempt. 13. If your bid is accepted, you will receive notification either verbally or in writing by an issuance of a Purchase Order Number authorizing you to make delivery. Only the accepted bidder will be notified of awards. 14. ATTENTION BOOKKEEPING & AUDITING DEPARTMENTS: Complete payment will be made only when entire order is filled, with the exception of “Open Order Purchases”, unless otherwise stated on purchase order. EXECPTION: Partial payments will be allowed upon written notification and approval if order cannot be completed in a single shipment. Payment terms are Net 30 days unless otherwise stated. 15. All addenda so issued shall become part of the bid documents. 16. Pricing shall remain effective for a minimum of thirty (30) days after bid opening date. CONDITIONS 1. The Purchasing Agent reserves the right to reject any and all bids, to waive any informality in bids, and unless otherwise specified to the bidder, to accept any item on the bid. 2. In case of error in the extension of prices in the bid, the unit price will govern. 19 3. Prompt payment discounts will not be considered in computing the low bid. Cibola County will take advantage of cash discounts offered wherever possible. 4. Time in connection with discount offered will be computed from date of delivery or from date correct invoice is received, whichever is later. 5. Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for non-conformance with specifications shall be removed at the vendor’s risk and expense, promptly after notice of rejection. 6. Cibola County requires vendor certification be the New Mexico State Purchasing Agent before the 5% in-state bidding preference can be extended. Bidders claiming this preference must show certification number on bid and must be prepared to show evidence of certification for the commodity being bid. In-state vendors: failure to secure above will result in non-considerations of any preference for in-state bidders. This will not apply when Federal funds are used, Chapter 13-1-21. 7. Cibola County reserves the right to award by item, group of items, or total bids; to reject any and all bids in whole or in part if, in the judgment of the Purchasing Agent, the best interests of Cibola County will be served. 8. The Cibola County Purchase Order Number shall be shown on all packing, delivery tickets, and other correspondence in connection with the shipment. The user’s count will be accepted by the Vendor as final and conclusive on all shipments not accompanied by a packing ticket. The Vendor’s invoice shall be submitted and contain the following information: order number, description of supplies or services, quantities, unit prices, and extended totals. Separate invoices shall be rendered for each and every complete shipment. 9. Cibola County reserves the right to cancel all or any part of this order without cost to the County, if the Vendor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the County due to the Vendor’s default. The Vendor shall not be liable for any excess costs if failure to perform the order arises out of cause beyond the control and without the fault or negligence of the Vendor, such causes include, but are not restricted to, acts God or of the public enemy, acts of the State or of the Federal Government, fires, goods, epidemics, quarantine restrictions, strikes, freight embargo’s unusually severe weather, and defaults of subcontractors due to any of the above, unless Cibola County shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery scheduled. The 20 rights and remedies of the county provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order. 10. In signing this bid or accepting Purchase Order, the Vendor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this proposal submitted to Cibola County Purchasing Agent. 11. Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. The New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks. 12. THIS BID/AWARD IS CONTINGENT UPON AVAILABLE FUNDING. (terms) Rev 05/96 20 PROPOSAL CHECKLIST CIBOLA COUNTY/PURCHASING DEPARTMENT Did You: □ Include One (1) original and (5) copies of the proposal □ Sign and notarize the “Non-Collusion Affidavit” form. □ Sign the “Certification Regarding Debarment, Suspension, and Other Responsibility Matters” form. □ Fill out and sign the Related Party Disclosure Form □ Fill out and Sign the Campaign Contribution Form □ Include a List of clients of same or similar projects □ Acknowledge all addenda □ Review all clarifications/questions/answers □ Deliver your sealed proposal to Cibola County Purchasing Department, 700 E. Roosevelt Ave. Ste. 50, Grants, NM 87020 before March 15, 2024 @ 2:00 pm (local time). □ Clearly mark your proposal with RFP # 2024-003 Cibola County Legal Services on the front of the sealed envelope. □ If not completed as required, your proposal may be deemed non-responsive. Contact the Purchasing Department immediately if any portion is missing. This form is for your information only and does not need to be submitted with your proposal.

700 East Roosevelt, Suite 50, Grants, NM 87020Location

Address: 700 East Roosevelt, Suite 50, Grants, NM 87020

Country : United StatesState : New Mexico

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