Access Control Upgrades

Request for Proposals for RFP P06-24 SFCC Access Control Upgrade Issued: November 30, 2023 Deadline for Submission: January 21, 2023 @ 2:00PM MST NON-Mandatory Pre-Proposal Meeting: December 7, 2023, 10:00 AM • NOTE: Meeting will be held at SFCC Main Entrance in person only. RFP Administrator Contact Information: Name: John Apodaca, CPO Title: SFCC Procurement Director Telephone: 505-428-1630 E-mail: John.Apodaca1@sfcc.edu APPLICABLE NIGP COMMIDITY CODES: 031-95-00 Table of Contents Section I. Scope of Work and Other Information Section II. Organization of Proposal Section III. Sequence of Events Section IV. Evaluation Criteria Section V. Additional Instructions to Offerors Section VI. Standard Terms and Conditions Exhibit A - Authorized Signature Page Exhibit B - Small and Small Disadvantaged Business Certification Exhibit C - Conflict of Interest and Debarment/Suspension Certification Form Exhibit D - Certification and

Disclosure Regarding Payments to Influence Certain Federal Transactions (April 1991) Exhibit E - Campaign Contribution Disclosure Form Exhibit F - Insurance Requirements Exhibit G - Preference Certification Exhibit H - Total Cost Response Form Exhibit I - Basis of Design (BOD) Exhibit J - Drawings Exhibit K - Division 1 – General Conditions RFP P06-24 1 | P a g e RFP P06-24 SFCC ACCESS CONTROL UPGRADE Santa Fe Community College invites proposals from qualified providers to submit a proposal for the proposed scope of work for evaluation by SFCC and possible award if approved. For purposes of identification and clarity within this RFP, the term “COLLEGE” shall refer to Santa Fe Community College (SFCC), and the term “OFFEROR” shall refer to the RFP respondents. Please read carefully the instructions, specifications, and SFCC Standard Terms and Conditions, because failure to comply therewith may result in an offer being classified as unresponsive, disqualified or negatively evaluated. New Mexico civil and criminal law prohibit bribes, gratuities, and kickbacks. Proposals must be submitted no later than the proposal deadline date of January 21, 2023 at 2:00 PM 1. SUBMISSION: Proposals and all related documents shall be submitted via email to the RFP administrator at john.apodaca1@sfcc.edu. The subject line shall be labeled: PROPOSAL SUBMITTAL - COMPANY NAME – SFCC RFP P06-24 All documents must be received prior to the deadline date and time. In addition, the offeror shall contact the RFP Administrator by email or phone to confirm receipt of all submitted documents prior to the deadline. Proposals that are not sent and labeled correctly, or that cannot be accessed or opened, may not be considered. 2. CANCELLATION: SFCC reserves the right to cancel without penalty, this RFP, the resultant contract/purchase order, or any portion thereof for convenience, unsatisfactory performance, or unavailability of funds. 3. AWARD: SFCC anticipates making multiple awards under this RFP but may choose to award only one contract if in the best interest of the College. Award(s) may result in a multi-term contract, at the discretion of the College. mailto:john.apodaca1@sfcc.edu SFCC RFP P06-24 2 | P a g e SECTION I. SCOPE OF WORK AND OTHER INFORMATION SFCC is requesting proposals from qualified Offeror’s for Santa Fe Community College that will provide the services as set forth below. Project Overview: The Basis for Design Narrative presents the Design Criteria and Project Requirements for the security program for the Santa Fe Community College Campus. This includes multiple buildings across the main Santa Fe Community College Campus. The design narrative will consist of all exterior and select interior doors for all buildings on the campus. The Access Control system for this project is to be Avigilon, to integrate into the existing Avigilon Video System. No substitutions will be accepted. 1.1 Scope of Work includes: 1.1.1 Security contractors shall provide, install and program a completely functional and operational system as shown on drawings and specifications. 1.1.2 The security contractor shall provide a phased installation of the electronic security systems based on the owner’s schedule (see Project Phasing herein). 1.1.3 Security contractor shall provide and install all wiring, devices, connections, programming, and coordination required for a completely functional and operational system. The security contractor shall provide all custom back boxes and as required. 1.1.4 Include final connections, programming, training, and testing of the work to the head-end equipment per the owner’s security consultants’ and project design documents requirements. 1.1.5 Attendance at construction coordination meetings per the owner’s schedule and requirements. 1.1.6 Coordination of work with other design and installation trades. 1.1.7 Install end-of-line (EOL) resistors as required. EOL’s shall be installed at the individual points of protection not at the control panel, or at the reader and/or input modules if located remote from the panel. 1.2 General 1.2.1 A dedicated access control system will control access into campus buildings, as well as areas within the campus buildings. Card readers shall be connected to access control panels and power supplies mounted within various telecommunication closets located throughout the buildings. All communication for the access control system will be across the existing SFCC Network. 1.2.2 All doors with electrified locking door hardware installed by the Security Vendor shall be pre-cored. Doors shall be installed with an electrified lockset, keyed to the building master key system, and a power transfer hinge. The Security Vendor shall be responsible for connecting the security system to the frame side of the power transfer SFCC RFP P06-24 3 | P a g e hinge and connecting the security cable between the electrified lockset and the power transfer hinge. The door manufacturer shall prep the doors and frames to meet all fire code requirements. The Door Hardware Contractor shall install a door closer adjusted so it shall close from any open position. 1.2.3 Each security door leaf shall receive an integral request-to-exit switch (REX) to shunt the access control, door forced alarm. Where an integral REX switch is not feasible, a passive infra-red (PIR) REX is acceptable. 1.2.4 The Security Contractor will coordinate all electrified and mechanical door lock hardware with the owner/owner’s representative. 1.2.5 Exterior and interior doors equipped with card readers shall be capable of being monitored for “door forced” and "door-held-open" alarms. 1.2.6 Related accessories and system components may include conduit, raceways, cables, back boxes, access cards, card readers, alarm contacts, and electrified locking door hardware. 1.2.7 The Security Contractor shall install all card readers and related controllers and power supplies. The card reader shall be mounted in a location such that the swing of the door shall not interfere with its use. 1.2.8 Existing access control systems in use at the site will be converted to the new campus- wide system as part of the project. Existing access control panels to be removed, and all existing door hardware to be reused. Existing access control card readers to be replaced to conform to the new system requirements. 1.2.9 New access control panel exact locations to be coordinated with the Owner’s IT team for placement in IT rooms. Typical card reader cable run should not exceed 1000’, and no more than 32 card readers terminating to a single controller. Each enclosure to house only a single controller. 1.2.10 The security vendor will be responsible for performing a design/build/engineer role on this project, including product and shop drawing submittals to the owner for review and approval. 1.3 Security Hardware 1.3.1 Door hardware to include tamper-resistant hinges and high-security hardware sets. Locks to be pick resistant and utilize a restricted keyway. 1.3.2 All exterior out swinging door hinges are to be installed with concealed metal hinge pins, which inhibit exterior removal of the hinge pin. 1.3.3 Doors utilizing electrified hardware for entry control will use hardware that is rated as “fail secure” unless otherwise required by code. 1.4 Areas of Protection 1.4.1 The entries to the campus buildings, electrical rooms, storage rooms and specified interior locations will be equipped with a door controlled by the access control system. All doors shall operate as controlled ingress and free egress at all times. SFCC RFP P06-24 4 | P a g e 1.5 System Parameter 1.5.1 Access control system will be a networked system of controllers serving all access- controlled points. The access control system will be fully integrated with the video surveillance system for automatic camera call-up and digital video recording associated with access control events. 1.5.2 Scheduling of entry unlock/relock times to be coordinated with the site for use during the campus business hours, including allowances for holidays and other events. 1.5.3 System-wide Lockdown management to be programmed in coordination with campus security to meet Owner requirements for student, staff and visitor safety. 1.5.4 Email/Text alerts generated during alarm events for key locations to be programmed in coordination with campus security to meet Owner requirements for roaming/off- site guard notification. 1.6 Components 1.6.1 Card readers 1.6.2 Request to Exit Devices 1.6.3 Lock Hardware 1.6.4 Door Contacts 1.6.5 Power Supplies 1.6.6 Access controller control/network boards 1.6.7 In-field door controllers 1.6.8 PoE Network Switches (provided by the Owner) 1.6.9 Avigilon Enterprise Plus ACC Network Appliances 1.6.10 Client Workstation (existing workstation to be utilized) 1.7 Video Surveillance 1.7.1 The existing video system to be utilized to provide video pop up and event tagging for alarms and events across the access control system. 1.7.2 No new video devices are included in this scope. 1.8 Project Phasing 1.8.1 Phase 1 will be all of Kid’s Campus. This will necessitate the inclusion of some backend equipment to support future phases, such as the Avigilon Control Center (ACC) Appliance. 1.8.2 Phase 2 will consist of all building exterior doors that do not have existing access control. Any building exterior door receiving a new card reader, and all the panels that supply those card readers are included in this phase. Additionally, any exterior door slated to receive a new door contact, an existing/replace door contact or an existing contact to be converted to the new system will be captured in this phase. 1.8.3 Phase 3 will consist of all building interior doors, both new and existing/replace locations. Additionally, this phase will capture the exterior doors with SFCC RFP P06-24 5 | P a g e existing/replace readers and will by necessity include the conversion of existing access control panels to the new Avigilon system. Additional Information 1. Background Information. Since 1983, Santa Fe Community SFCC has served as the gateway to success for individuals and the community. SFCC provides affordable, high-quality educational programs that serve the social, cultural, technological, and economic needs of Santa Fe’s diverse community. More than 15,000 students are served each year in its credit, noncredit and adult basic education programs. Offering more than 100 degree and certificate programs, SFCC caters to the academic, career and personal enrichment needs of local residents, businesses, government and public service organizations. More than 274 full-time and 587 part-time workers are employed by SFCC. 2. SFCC’s Mission and Goals: SFCC is a learning community. The mission of the college is to “empower students and strengthen community”. As a public institution, SFCC offers a wide variety of educational programs and services to meet the needs of a diverse student population and the community as a whole. SFCC contributes to the economic, technological and cultural development of the region by providing quality academic, career and personal-enrichment programs 3. Requirements. For the purposes of the requirements stated in this RFP “must” and “shall” indicate that the requirement is mandatory, subject to provisions of this RFP; and “should”, “could” and “may” indicate that the requirement is discretionary. 4. Notice. The Offerors are put on notice that from the date of issue of the RFP through any award notification and fully executed Agreement: Only the RFP Administrator or Chief Procurement Officer is authorized by SFCC to amend or waive the requirements of the RFP pursuant to the terms of this RFP. A. Offerors should not contact any of the staff at SFCC, (except for the RFP Administrator) regarding this RFP, unless instructed to in writing by the RFP Administrator. B. Under no circumstances shall the Offeror rely upon any information or instructions from the RFP Administrator, SFCC employees or their agents unless the information or instructions is provided in writing by the RFP Administrator in the form of an addendum; and C. SFCC, their employees, nor their agents shall be responsible for any information or instructions provided to the Offeror, with the exception of information or instructions provided in an addendum by the RFP Administrator. 5. Offeror to Review. The Offeror must carefully review this RFP and ensure that the Offeror has no reason to believe that there are any uncertainties, inconsistencies, errors, omissions, or SFCC RFP P06-24 6 | P a g e ambiguities in any part of this RFP. Each Offeror is responsible for conducting its own investigations and due diligence necessary for the preparation of its Proposal. 6. Offeror to Notify. If the Offeror discovers any uncertainty, inconsistency, error, omission or ambiguity in this RFP, the Offeror must notify the RFP Administrator in writing prior to submitting the Offeror’s Proposal. 7. Offerors shall not: A. Claim after submission of a Proposal that there was any misunderstanding or that any of the conditions set out in the RFP were unclear; or B. Hold any staff of SFCC liable for any uncertainty, inconsistency, error, omission, or ambiguity in any part of this RFP. 8. Clarification and Questions A. Submission. Offerors may request clarification of this RFP by: (1) Submitting all requests for clarification by email to the RFP Administrator at John.Apodaca1@sfcc.edu or as otherwise directed by the RFP Administrator. (2) Including the Offeror’s address, telephone number, facsimile number and email address. (3) If the question pertains to a specific section of this RFP, reference should be made to the specific section number and page; and (4) Submitting all requests for clarification no later than the date specified in the RFP for submission of questions. 9. Questions and Answers. SFCC will provide Offerors with written responses in the form of addenda to questions that are submitted in accordance with directives in this RFP. All addenda issued are incorporated into this RFP by default. Questions and answers will be distributed in numbered addenda. In answering the Offeror’s questions, the RFP Administrator will include in all addenda the questions asked but will not attribute the questions to any Offeror. Notwithstanding the foregoing, the RFP Administrator may in its sole discretion answer similar questions from various Offerors only once, edit the questions for clarity, and elect not to respond to questions that are either inappropriate or not comprehensible. 10. Issued Addenda. Each Offeror shall be responsible for verifying before submitting a Proposal that all addenda that have been issued have been received and considered. All addenda will be posted on SFCC bidding website by at https://www.sfcc.edu/rfps/. Instructions, clarifications or amendments which affect this RFP may only be made by addendum. 11. Amendments to the RFP. SFCC shall have the right to amend or supplement this RFP in writing prior to the Closing Date and time. No other statement, whether written, oral or inferred, will amend this RFP. The Offerors are responsible to ensure they received all addenda, if any. The addenda shall be binding on each Offeror. 12. State of New Mexico Procurement Code. This RFP is issued under, and all proposals submitted in response to this solicitation shall be subject to, the State of New Mexico SFCC RFP P06-24 7 | P a g e Procurement Code, Section 13-1-21 through 13-1-199, NMSA 1978. New Mexico criminal law prohibits bribes, gratuities and kickbacks. (13-1-191 NMSA 1978). All responses to this Request for Proposals become the property of SFCC and will become public information upon completion of SFCC contract negotiation and award process. 13. Accuracy of RFP. To the best knowledge of SFCC, the information provided in this RFP is accurate. Nonetheless, nothing in this RFP is intended to relieve Offerors from undertaking their own investigations or inquiries or performing other due diligence or forming their own opinions and conclusions with respect to the matters addressed in this RFP. SFCC does not represent or warrant that the information is comprehensive or exhaustive and assume no responsibility for the completeness or accuracy of the information. In particular, where information includes historical data or information, SFCC makes no representation or warranty that such data or information represents an accurate forecast of volumes and/or needs. 14. Forms and Exhibits. The RFP Submission Forms and Exhibits and the other documents requiring execution by the Offeror, shall be completed and signed by a duly authorized signing representative of the Offeror and included in the proposal. Proposals should be completed without delineations, alterations, or erasures. Should there be any discrepancy between the original and any of the copies, the original shall prevail. 15. Clarification of Offeror’s Proposal A. SFCC shall have the right at any time after Proposal submission, to seek clarification from any Offeror in respect of such Offeror’s Proposal, without contacting other Offerors. SFCC is not obliged to seek clarification of any aspect of a Proposal. B. Any clarifications sought shall not be an opportunity to either correct errors or to change the Offeror’s Proposal in any substantive manner. In the clarification process, no change in the substance of the Proposal shall be offered or permitted. Subject to the qualification in this Section, any written information received by SFCC from an Offeror in response to a request for clarification from SFCC shall be considered part of the Offeror’s Proposal. 16. Verification of Information. SFCC shall have the right to: A. Verify any Offeror statement or claim by whatever means SFCC deems appropriate, including contacting persons in addition to those offered as references, and to reject any Offeror statement or claim, if the statement or claim or its Proposal is patently unwarranted or is questionable; or B. Access the Offeror’s premises where any part of the work is to be carried out, or company records related to the work to be carried out, to confirm Proposal information, quality of processes, and to obtain assurances of viability; and C. The Offeror shall cooperate in the verification of information and is deemed to consent to SFCC verifying such information. 17. Bid Security Bonds. Offeror shall attach and made a condition of this Bid the following: A. Bid Security in the form of a Bid Bond. B. In accordance with the New Mexico Subcontractors Fair Practice Act of 1988, a list of Subcontractors. SFCC RFP P06-24 8 | P a g e 18. Right to Protest. This solicitation or an award of this RFP may be protested as per the New Mexico Procurement Code and SFCC Purchasing Department Procedures. A. Presumption of knowledge. Any person or business that has been sent written notice of any fact or occurrence is presumed to have knowledge of the fact or occurrence. B. Time limits for filing protest. (1) For protests regarding the type of solicitation or the solicitation process, the time limit runs from fifteen (15) continuous calendar days after the date the Chief Procurement Officer or designee posts on the SFCC website. Example, if the RFP is posted on the internet on the 1st of the month, the protest period ends at 11:59 pm on the 16th of the month. (2) For protests regarding award of a contract, the time limit runs from fifteen (15) continuous calendar days after the date the Chief Procurement Officer or designee posts on the Internet or mails/emails the notice of award whichever is sooner. Example, if the RFP notice of award is posted on the SFCC website on the 1st of the month, the protest period ends at 11:59 pm on the 16th of the month. SFCC RFP P06-24 9 | P a g e SECTION II. ORGANIZATION OF PROPOSAL Proposals should be organized in a format that promotes the easy and clear evaluating of the offer. 2.1 Offerors are to organize Proposals in the order as stated in this section. Please carefully read all information herein because failure to comply with the instructions in this RFP may result in your proposal being classified as non-responsive or being negatively evaluated. The organization of your proposal is to follow the RFP’s organization so that the RFP and your proposal can be cross-referenced during the evaluation process. The information in the proposal should be presented in the same order as the pertinent provisions of the RFP, referencing the section of the Request on any and all attachment that is included with the proposal 2.2. Submittals should completely address each of the evaluation criteria in the order presented, elaborating on all responses where possible. The following are the guidelines for response presentation: 2.2.1 Font shall be Times New Roman size 10 or 12. 2.2.2 Single spaced 2.2.3 .75 borders all around on all documents 2.2.4 8 1⁄2 x 11-inch white paper, no color paper 2.2.5 Each page numbered sequentially in each section, starting with page 1, remembering to start at page 1 in each section 2.2.6 Limited to a number of 50 pages, including cover letter, and table of contents, but not including tabbed dividers and any Exhibits contained in this RFP marked Proposal Form 2.2.7 Color graphics/charts etc. are acceptable as they relate to the response information 2.2.8 Responses shall be by section. Each section shall be designated by a sheet labeling the section name and number if digital submission, or by tabbed divider if hard copy. 2.2.9 All forms marked “Proposal Form” contained at the end of this document shall be included with proposal 2.2.10 The cover of the proposal shall have the following information in this order:  RFP Response P06-24 – SFCC Access Control Upgrades  Company Name  Address  City, State, Zip  Contact Number  Response prepared by: Name (use as many names as needed) SFCC RFP P06-24 10 | P a g e SECTION III. SEQUENCE OF EVENTS Activity Estimated Date Issue Request for Proposals November 30, 2023 (Non-Mandatory) Pre-Proposal Conference and site walk-through. No more than two representatives allowed. December 7, 2023 @ 10:00AM MST Meet at SFCC Main Campus – Main Entrance for in person meeting only. Deadline to Submit Questions December 14, 2023 Issuance of Addendum (If Applicable) January 7, 2023 Deadline for Submission of Proposals January 21, 2023 by 2PM MST Board Approval of Contract January 2024 Dates and times listed above are estimated and subject to change at the discretion of SFCC. Any changes to dates or times that occur prior to deadline for submission will be made through written notice or addendum if done prior to deadline. SFCC RFP P06-24 11 | P a g e SECTION IV. EVALUATION CRITERIA This section describes the criteria to be used for analyzing and evaluating the proposals. SFCC reserves the right to make an award based directly on the proposals or to negotiate with one or more Offerors or reject all proposals. The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to SFCC, taking into consideration the evaluation factors set forth in the RFP. Cost will be negotiated with the highest-ranking offeror after evaluation has been completed by the committee. If negotiations are un-successful with the highest-ranking offeror, SFCC may choose to cease negotiations with the highest-ranking offeror and commence negotiations with the second highest ranking offeror, and the third, if necessary, until negotiations are successful, and a contract can be agreed upon. An evaluation committee shall evaluate proposals based on the weighted criteria listed below. Submittals should completely address each of the following evaluation criteria in the order presented, elaborating on all responses where possible. SFCC reserves the right to judge the presentation of the firms’ submitting proposals in the evaluation and selection of the successful proposal. Finalists may be invited for oral presentations and demonstrations at SFCC’s sole discretion at a date and time to be determined. 4.1 Knowledge (25 points possible) 4.1.1 Provide description, overview and history of services offered, including background, number of years of relevant work experience, applicable credentials and certifications, etc. 4.1.2 Include response to all items listed under the Scope of Work in this RFP. 4.1.3 List certified staff or individuals with experience designing access control systems. 4.2 Experience (25 Points Possible) 4.2.1 Provide information regarding experience providing similar services. Provide at least two (2) examples of similar services that you have done, preferably in the previous 5 years, of similar scope. 4.2.2 Contractor must have at least five years of experience in the installation of systems of this type and are familiar with all applicable local, state and federal laws and regulations. 4.3 Approach (20 Points Possible) 4.3.1 Provide narrative detail regarding your approach to providing services as specified herein. 4.3.2 Provide narrative detail regarding your approach to providing services for the three distinct phases listed in Basis of Design document. 4.4 Other Qualifications (15 Points Possible) 4.4.1 Provide detail on any other qualifications for providing the services requested. 4.4.2 Please indicate if you (or your company) have been restricted or disqualified from governmental work in the State of New Mexico and provide specific information if the answer is yes. 4.4.3 Provide information that will position you ahead of any competitor. SFCC RFP P06-24 12 | P a g e 4.5 Information Technology Criteria (response required, non-weighted) 4.5.1 As part of any new software installation, cloud or on premise, contractor shall provide a Higher Education Community Vendor Assessment Toolkit (HECVAT). The form covers IT security basics, how information is handled, stored etc. More info can be found here: https://library.educause.edu/resources/2020/4/higher- education-community-vendor-assessment-toolkit 4.5.2 Cloud Services Requirement - If any proposed solutions include the use of cloud software the Office of Information Technology requires a completed copy of the Educause HECVAT Lite or the Full HECVAT. This should be completed by the software vendor. We have included a link to the HECVAT lite: https://library.educause.edu/-/media/files/library/2023/2/hecvatlite304.xlsx 4.5.3 Describe your solution architecture including: 4.5.3.1 How is access and data secured in the proposed cloud/local environment? 4.5.3.2 Submit a completed Voluntary Product Accessibility Template (VPAT) form. 4.5.3.3 How is data encrypted at rest and in transit? Are these enabled by default? 4.5.3.4 Elaborate on your upgrade process. 4.5.3.5 Authentication including SSO. Is LDAP(S) an option? 4.5.3.6 Is card/ token access automatically disabled if the LDAP user account gets disabled? 4.5.3.7 Is MFA supported and can it be globally enforced? Please list all MFA options. Is MS Authenticator on the compatible list? 4.6 Pricing (15 Points Possible) – See Exhibit H, Section 00300 Bid Form 4.7 Evaluation Criteria Summary Following is a summary of the evaluation factors and the weighted value assigned to each. Criteria Maximum Points Possible Knowledge 25 Experience 25 Approach 20 Other Qualifications 15 Information Technology Requirements Non-weighted Pricing 15 Total Possible Points 100 https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.educause.edu%2Fresources%2F2020%2F4%2Fhigher-education-community-vendor-assessment-toolkit&data=05%7C01%7Candrea.mueller1%40sfcc.edu%7Ca62419adfc104e2097e808dbb61de8e7%7Cba2c7e0877ca4454962bb889443334c7%7C0%7C0%7C638304011821537149%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9B8FC7i%2B74L8h%2BIl4VccO0Few55bIb0hnajRCIxeQ6A%3D&reserved=0 https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.educause.edu%2Fresources%2F2020%2F4%2Fhigher-education-community-vendor-assessment-toolkit&data=05%7C01%7Candrea.mueller1%40sfcc.edu%7Ca62419adfc104e2097e808dbb61de8e7%7Cba2c7e0877ca4454962bb889443334c7%7C0%7C0%7C638304011821537149%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9B8FC7i%2B74L8h%2BIl4VccO0Few55bIb0hnajRCIxeQ6A%3D&reserved=0 https://library.educause.edu/-/media/files/library/2023/2/hecvatlite304.xlsx SFCC RFP P06-24 13 | P a g e 4.8 NM Resident and Veteran’s Business Preferences. In accordance with sections 13-1-21 and 13-1-22 NMSA 1978 NM eligible resident businesses shall receive the following preferences: A. Eligible Resident businesses shall receive an 8% preference on their overall score. B. Eligible Resident Veteran Business and Resident Native American businesses with an annual revenue of less than 6 million in the previous calendar year shall receive a 10% preference on their overall score. This preference is separate from the resident preference and is not cumulative with that preference. C. In order to be considered for either preference, Offeror must provide a copy of a current Resident or Resident Veterans Certificate with the Proposal and complete Exhibit G. 4.9 Exceptions to specifications If taking exception to any specifications listed herein, or to any terms listed in the sample contract included with this RFP, include a separate page in the proposal titled “Exceptions to Specifications or Contract” and shall list in detail any exceptions taken, or proposed deviations from, the terms and conditions set forth. SFCC has the right to accept or reject any proposed exceptions, may choose to declare a proposal non-responsive based on any exception(s) taken, or may include such in negotiations. If no exceptions are taken, proposal shall state such. SFCC RFP P06-24 14 | P a g e SECTION V. ADDITIONAL INSTRUCTIONS TO OFFERORS 5.1 AUTHORIZED SIGNATURE PAGE: Review and submit the Authorized Signature Page attached hereto as Exhibit A. 5.2 SMALL AND DISADVANTAGED BUSINESS CERTIFICATION FORM: Review and submit the Small and Small Disadvantaged Business Certification Form attached hereto as an Exhibit. 5.3 CONFLICT OF INTEREST CERTIFICATION FORM: Review and submit Conflict of Interest Certification Form attached hereto as an Exhibit. 5.4 INSURANCE REQUIRMENTS: The Offeror is required to carry insurance, meeting the requirements in the Section labeled “Insurance Requirements” or as noted in the specifications hereto an Exhibit. Offeror must submit proof of insurance in the form of a “Certificate of Insurance” with their response and prior to commencing work under the resulting contract. Offeror’s insurance shall remain in effect for the entire term of the contract and must be extended to coincide with any future contract extensions. This Request for Proposal Number must appear on the Certificate of Insurance. 5.5 SAMPLE AGREEMENT/PO TERMS AND CONDITIONS: The successful respondent may be required to enter into the SFCC agreement. A sample of the agreement form is available at: https://www.sfcc.edu/sample-agreement/. The successful Offeror(s) may be given the opportunity to negotiate with SFCC the provisions in this sample agreement. Offerors should also review the Purchasing Terms and Conditions applicable to all purchase order issued, available at https://www.sfcc.edu/purchasing-terms-conditions/. 5.6 TAXES. SFCC is exempt from Federal Excise Taxes and from New Mexico Gross Receipts Taxes on materials. Services are not exempt. Taxes on services should be included as a separate line item and not included in the base price offer. Applicable taxes are excluded from the RFP evaluation. A non-taxable transaction certificate is available upon request by Offeror. 5.7 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. Review and submit the Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (April 1991) form attached hereto as an Exhibit. 5.8 CAMPAIGN CONTRIBUTION DISCLOSURE FORM. All Offerors are required By Section 13-1-191 NMSA 1978 to complete the Campaign Contribution Disclosure Form included as an exhibit to this RFP. 5.9 PERIOD OF CONTRACT. If a term contract is awarded, the contract may be for an initial term of one (1) year with the option to renew annually for up to three additional one-year terms, as provided for in NMSA 13-1-150 (Multi-Term Contract). https://www.sfcc.edu/sample-agreement/ https://www.sfcc.edu/purchasing-terms-conditions/ SFCC RFP P06-24 15 | P a g e 5.10 QUANTITIES. SFCC may purchase all, some or none of the elements described in this proposal or Offerors responses. In addition, actual quantities may fluctuate up or down based on SFCC needs. The successful Offeror will be required to fill all orders placed regardless of quantities ordered. SFCC RFP P06-24 12 | P a g e SECTION VI. STANDARD TERMS AND CONDITIONS The following General Terms and Conditions are an equal and integral part of this Request for Proposals (RFP). The terms, conditions and specifications contained in this RFP along with any attachments and the Offerors’ response may be incorporated into any Purchase Order/ Agreement issued as a result of this RFP, including any addenda. SFCC reserves the right to negotiate with a successful Offeror (Offeror) provision in addition to those stipulated in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offerors’ proposal may be incorporated into the Contract. Should an Offeror object to any of SFCC Standard Terms and Conditions the Offeror must propose specific alternative language that would be acceptable to SFCC. General references to the Offerors’ terms and conditions or attempts at complete substitutions are not acceptable to SFCC and will result in disqualification of the Offerors’ proposal. Offerors' must provide a brief statement of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. Any proposed changes to the specifications or terms and conditions set forth in this RFP must be listed separately on a sheet titled “Exceptions to Specifications” and included in the Offerors’ proposal in a Section marked “EXCEPTIONS TO SPECIFICATIONS”. Offerors are cautioned that any changes proposed that are NOT stated in the RFP response may not be entertained by SFCC at a later date. Any provisions in any proposal, quotation, acknowledgment or other forms or contract documents applicable to the services that are inconsistent, or in conflict, with any provisions of this RFP or the resultant contract will be ineffective and inapplicable. SFCC reserves the right to reject a proposal on the basis the compromising language cannot be accepted by SFCC. Any additional terms and conditions which may be the subject of negotiation will be discussed only between SFCC and the successful Offeror and shall not be deemed an opportunity to amend the Offeror’s proposal. 6.1. ACCEPTANCE AND REJECTION. If prior to final acceptance, any goods or services are found to be defective or not as specified, or if SFCC is entitled to revoke acceptance of them SFCC may reject or revoke acceptance, require Offeror to correct without charge within a reasonable time, or require delivery at an equitable reduction in price, at SFCC's option. Offeror shall reimburse SFCC for all incidental and consequential costs related to unaccepted goods or services. Notwithstanding final acceptance and payment, Offeror shall be liable for latent defects, fraud, or such gross mistakes as amount to fraud. Acceptance of goods or services shall not waive the right to claim damages for breach of contract. 6.2. ALTERNATE OFFERS. Alternate offers will be accepted and considered provided they are “equal to” and meet all specifications of this RFP which may include all specifications of the Brand used to identify the quality of the goods and/or services requested. SFCC reserves the right to make the final determination as to whether or not an alternate offer is equal. It is the Offeror’s responsibility to provide, as part of the offer, descriptive literature, specifications and information on all alternate products and services offered. References of current users should be included. If the item(s) or service(s) offered are not clearly identified as alternate item(s) or services, it is understood that the offer is for item(s) and service exactly as specified in this RFP. SFCC RFP P06-24 13 | P a g e 6.3. APPROPRIATION. The terms of the contract are contingent upon sufficient appropriations and authorization being made by the Board of SFCC. If sufficient appropriations and authorization are not made by the Board of SFCC, the contract shall, notwithstanding any other provisions of the contract, terminate immediately upon the Offeror’s receipt of written notice of termination from SFCC. 6.4. ASSIGNMENT. Any resultant Purchase Order/Agreement may be assignable by SFCC. Except as to any payment due hereunder, any resultant Purchase Order/Agreement shall not be assignable by Offeror without written approval from SFCC. 6.5. AWARDS – MULTIPLE. SFCC reserves the right to make multiple awards to primary and secondary source or to otherwise split the award of the items, projects and/or sections of this proposal. 6.6. CANCELLATION. SFCC reserves the right to cancel without penalty, this RFP, any resultant Purchase Order/Agreement, or any portion thereof for convenience, unsatisfactory performance, or unavailability of funds. 6.7. CHANGES. SFCC may make changes within the general scope of any resultant Purchase Order/Agreement by giving notice to Offeror and subsequently confirming such changes in writing. If such changes affect the cost of, or the time required for performance of a resultant Purchase Order/Agreement, an appropriate equitable adjustment shall be made. No change by Offeror shall be recognized without written approval of SFCC. Any claim of Offeror for an adjustment under this Paragraph must be made in writing within thirty (30) days from the date of receipt by Offeror of notification of such change. Nothing in this Paragraph shall excuse Offeror from proceeding with the performance of the Purchase Order/Agreement as changed hereunder. 6.8. CASH DISCOUNTS. SFCC will take advantage of cash discounts offered whenever possible; however, cash discounts will not be used as a means to determine the lowest cost. 6.9. CHANGE IN OFFEROR REPRESENTATIVES: SFCC reserves the right to request a change in Offeror representatives if the assigned representatives are not, in the opinion of SFCC, meeting its needs adequately. This section also applies to any sub-contracted representatives. 6.10. CONFLICT OF INTEREST. Offeror shall disclose to SFCC Purchasing Department the name(s) of any SFCC employee or member of SFCC Board or member of SFCC Governing Board who has a direct or indirect financial interest in the Offeror or in the proposed transaction. A SFCC employee (or Regent) has a direct or indirect financial interest in the Offeror or in the proposed transaction if presently or in the preceding twelve (12) months the employee/Regent or a close relative has an ownership interest in the Offeror (other than as owner of less than 1% of the stock of a publicly traded corporation); works for the Offeror, is a partner, officer, director, trustee or consultant to the Offeror, has received grant, travel, honoraria or other similar support from the Offeror, or has a right to receive SFCC RFP P06-24 14 | P a g e royalties from the Offeror. Offeror shall file a Conflict-of-interest Disclosure form with SFCC Purchasing Department. 6.11. COOPERATION AND DISPUTE RESOLUTION. The parties agree that, to the extent compatible with the separate and independent management of each, they will maintain effective liaison and close cooperation. If a dispute arises related to the obligations or performance of either party under this Agreement, representatives of the parties will meet in good faith to resolve the dispute 6.12. DAMAGE AND SECURITY OF SFCC PROPERTY. The proposer shall be responsible for all damage to persons or property that occurs as a result of proposer’s fault or negligence, or that of any of his employees, agents and/or subcontractor. The proposer shall save and keep harmless SFCC against any and all loss, cost, damage, claims, expense or liability in connection with the performance of this contract. Any equipment or facilities damaged by the proposer’s operations shall be repaired and/or restored to their original condition at the proposer’s expense, including but not limited to cleaning and painting. 6.13. DELIVERY DATE. Delivery may be an important consideration and is a factor in determining the award. Offeror shall commence services immediately upon contract execution and receipt of a PO. If you cannot meet the delivery date stated, please state your earliest delivery date in your offer. 6.14. DISCLOSURE OF PROPOSAL CONTENTS. The proposals will be kept confidential until SFCC awards a price agreement. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is proprietary or confidential. The Procurement Managers will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted “CONFIDENTIAL” subject to the following requirements: 6.14.1. 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 All information, except that classified as confidential, will become public information at the time that the RFP is awarded. Confidential information must be marked “CONFIDENTIAL” in red letters in the upper right-hand corner of the pages containing the confidential information. Price and information concerning the specifications cannot be considered confidential. (SFCC Purchasing Regulations 11.6.3.) Price and information concerning the specifications cannot be considered confidential. (SFCC Purchasing Regulations 11.6.3.) Confidential data is normally restricted to confidential financial information concerning the Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-l to 57-3A-7 NMSA 1978. The price of service offered, or the cost of services proposed shall not be designated a proprietary or confidential information (except for disclosure of gross profit as disclosed pursuant to 2 CFR § 200-323. Such may be designated as confidential only from public record but will remain fully disclosable for the purposes of Federal audit or reporting). It is not acceptable that the entire proposal be proprietary or confidential. SFCC RFP P06-24 15 | P a g e 6.14.2. If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, SFCC 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. 6.15. DISCOUNTS. If prompt payment discounts apply to any resultant Purchase Order/Agreement, any discount time will not begin until the materials, supplies, or services have been received and accepted and a correct invoice has been received by SFCC’s Accounts Payable Department. In the event testing is required prior to acceptance, the discount time shall begin upon completion of the tests and acceptance. 6.16. DISRUPTION OF NORMAL ACTIVITY. All work shall be performed so as not to interfere with normal SFCC activities. When it is necessary to disrupt normal activities, the schedule of work, and the areas to be affected must be approved by SFCC’s authorized representative prior to commencement of the work. 6.17. ECCN REPORTING REQUIREMENT. Offeror acknowledges that providing goods and services under any resultant Purchase Order/Agreement is subject to compliance with all applicable United States laws, regulations, or orders, including those that may relate to the export of technical data or equipment, such as International Traffic in Arms Regulations ("ITAR") and/or Export Administration Act/Regulations ("EAR"). Offeror agrees to comply with all such laws, regulations and orders as currently in effect or hereafter amended. Offeror shall not disclose any export-controlled information or provide any export-controlled equipment or materials to SFCC without prior written notice. In the event that SFCC agrees to receive such export-controlled information, equipment or materials, Offeror shall: (i) include the Export Control Classification Number (ECCN) on the packing documentation, and, (ii) send an electronic copy of the ECCN number and packing documentation to: john.apodaca1@sfcc.edu. 6.18. ELIGIBILITY FOR PARTICIPATION IN GOVERNMENT PROGRAMS. Each party represents that neither it nor any of its management or any other employees or independent Offerors who will have any involvement in the services or products supplied under a resultant Purchase Order/Agreement, have been excluded from participation in any government healthcare program, debarred from or under any other federal program (including but not limited to debarment under the Generic Drug Enforcement Act), or convicted of any offense defined in 42 U.S.C. Section 1320a-7, and that each party, its employees and independent Offerors are not otherwise ineligible for participation in federal healthcare programs. Further, each party represents that it is not aware of any such pending action(s) (including criminal actions) against each party or its employees or independent Offerors. Each party shall notify the other immediately upon becoming aware of any pending or final action in any of these areas. 6.19. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION. In performing or providing the services and goods required under a resultant Purchase Order/Agreement, each party mailto:john.apodaca1@sfcc.edu SFCC RFP P06-24 16 | P a g e shall be an equal opportunity employer and shall conform to all affirmative action and other applicable requirements; accordingly, each party shall neither discriminate nor permit discrimination in its operations or employment practices against any person or group of persons on the basis of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap or medical condition, sexual preference, prior military involvement or any other manner prohibited by law. 6.20. EQUIPMENT REQUIRED. The proposer shall be responsible for supplying and maintaining all equipment and materials necessary to complete the work to be performed under this RFP except as otherwise noted in the Specifications. 6.21. EMPLOYEE CERTIFICATION. The Offeror and all Offerors’ employees utilized on the work to be performed under this RFP must have the proper certification(s) and license(s) to comply with State and local requirements connected to this RFP. The Offeror shall use only fully qualified and approved service technicians to perform inspections, service and/or repairs under this request. 6.22. F.O.B. Unless stated otherwise, the price for goods is F.O.B. the place of destination, and the place of destination is SFCC's designated campus address. 6.23. FOREIGN PAYMENTS. Payment for services performed by a foreign individual or a foreign corporation while in the US may be subject to 30% tax withholding per IRS Publication 515. 6.24. GENERAL TERMS AND CONDITIONS: SFCC’s General Terms and Conditions are an equal and integral part of this request. All terms and conditions of this request will remain unchanged for the duration of the contract and will supersede and take precedence over any Offeror’s agreement forms. Offeror must include a detailed description regarding any exceptions to the terms and conditions of this RFP. If exceptions or deviations are not clearly stated, it is understood that the terms and conditions of this proposal shall govern. 6.25. SFCC reserves the right to reject any proposal that does not meet the terms and conditions of the request for proposal. It further reserves the right to accept or reject any modifications to the terms and conditions if it is in the best interest of SFCC to do so. 6.26. GOVERNING LAW. All resultant Purchase Order/Agreements shall be construed in accordance with the laws of the State of New Mexico as they pertain to Purchase Order/Agreements executed and fully to be performed within New Mexico, or federal law where applicable, but in either case excluding that body of law relating to choice of law. 6.27. GRAMM-LEACH-BLILEY ACT. Pursuant to the Gramm-Leach-Bliley Act and the regulations set forth at 16 CFR Part 314, SFCC requires its Offerors to implement and maintain appropriate safeguards for the protection of Customer Information. Accordingly, the Offeror shall implement and maintain a comprehensive information security program that contains administrative, technical and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of confidential SFCC RFP P06-24 17 | P a g e Customer Information that it creates, receives, maintains, or transmits on behalf of SFCC. In addition, the Offeror will require and ensure that any of its agents, subcontractors, or sub-consultants, to which it provides confidential Customer Information of SFCC, implements appropriate security measures to protect confidential Customer Information of SFCC. 6.28. Offeror shall not use or disclose covered data and information received from or created on behalf of SFCC except as permitted or required by this Purchase Order/Agreement, as required by law, or as otherwise authorized in writing by SFCC. Upon becoming aware of a security breach in which SFCC Customer Information is used or disclosed in a manner not authorized or covered by this Purchase Order/Agreement, including any reasonable belief that an unauthorized individual has accessed a database containing covered data and information, or in violation of any applicable state or federal laws, Offeror will report to SFCC any security incident immediately upon being aware of such a breach and take such corrective steps/action to remedy the breach as requested by SFCC and required by law. 6.29. Upon termination, cancellation, expiration or other conclusion of this Purchase Order/Agreement, Offeror shall return to SFCC covered Customer Information and data unless SFCC requests in writing that such Customer Information and data be destroyed. Offeror shall complete such return or destruction not less than 30 days after the conclusion of this Purchase Order/Agreement. Within such 30 day period, Offeror shall certify in writing to SFCC that such return or destruction has been completed. To the extent return or destruction is not feasible; this Purchase Order/Agreement shall remain in full force and effect. 6.30. Offeror means any person or entity that receives, maintains, processes, or otherwise is permitted access to Customer Information through its direct provision of services to a financial institution. The Gramm-Leach-Bliley Act broadly defines “financial institution” as any institution engaging in the financial activities enumerated under the Bank Holding Company Act of 1956, including “making, acquiring, brokering, or servicing loans” and “collection agency services”. Because higher education institutions participate in financial activities, such as processing student financial aid and student loans, FTC regulations consider them financial institutions for purposes of the Gramm-Leach-Bliley Act. 6.31. Customer Information means any record containing nonpublic information as defined in 16 CFR 313.3(n), about a customer of a Financial Institution, whether in paper, electronic or other form that SFCC has obtained from a customer in the process of offering a financial product or service including offering student aid and loans to students as defined in 12 CFR 225.28. Any and all Customer Information provided by SFCC to the Offeror or which the Offeror acquires through its own efforts in rendering or providing any goods or services under this Purchase Order/Agreement, shall be considered confidential and held in strict confidence and shall only be released to the Offeror’s own personnel, agents, sub-Offerors and sub-consultants only to the extent necessary to provide or perform the goods and/or services required by this Purchase Order/Agreement. Such information shall not be released by the Offeror to any other person or organization without the prior written consent and approval of SFCC." SFCC RFP P06-24 18 | P a g e 6.32. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). The parties agree to enter into a mutually acceptable amendment to a resultant Purchase Order/Agreement as necessary to comply with applicable federal laws and regulations governing the use and/or disclosure of individually identifiable health information. Such amendment shall be entered into on or before the date by which hospitals are required to be in compliance with the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996. 6.33. INCURRING COST: Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the OFFEROR. 6.34. INDEMNIFICATION AND INSURANCE. Offeror assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any actual or alleged personal injury (including death) and/or damage or destruction to property sustained or alleged to have been sustained in connection with or arising out of the goods delivered by Offeror or the performance of the work by Offeror its agents, employees, sub-Offerors or consultants, except to the extent of liability arising out of the negligent performance of the work by or willful misconduct of SFCC. Offeror shall indemnify, defend and hold harmless SFCC, its officers, agents, and employees from any and all liability for such losses, expenses, damages, demands, and claims and shall defend any suit or action brought against any or all of them based on any actual or alleged personal injury or damages and shall pay any damage costs and expenses including attorneys' fees, in connection with or resulting from such suit or action. Offeror will also indemnify, defend and hold harmless SFCC against any joint and several liabilities imposed against SFCC with respect to strict products liability claims attributable to the fault of the Offeror. 6.35. Offeror agrees that it and its sub-Offerors will maintain general liability, product liability and property damage insurance in reasonable amounts (at least equal to the New Mexico Tort Claims Act limits) covering the above obligation and will maintain workers' compensation coverage covering all employees performing under a resultant Purchase Order/Agreement on premises occupied by or under the control of SFCC. The liability of SFCC will be subject is all cases to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1 et seq. NMSA 1978, as amended." 6.36. INDEPENDENT BUSINESS. Neither Offeror nor any of its agents shall be treated as an employee of SFCC for any purpose whatsoever. Offeror declares that Offeror is engaged in an independent business and has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to carry out the said business and the tasks to be performed under any resultant Purchase Order/Agreement. Offeror further declares that it is engaged in the same or similar activities for other clients and that SFCC is not Offeror's sole or only client or customer. 6.37. INSPECTION. SFCC may inspect, at any reasonable time, any part of Offeror's plant or place of business, which is related to performance of any resultant Purchase SFCC RFP P06-24 19 | P a g e Order/Agreement. Final Inspection will be made at the destination upon completion of delivery of goods and services. Acceptance of delivery shall not be considered acceptance of the goods and/or services furnished. Final inspection shall include any testing or Inspection procedures required by the Specifications. 6.38. INSPECTIONS, OFFEROR. The Offeror shall be responsible for securing at Offeror’s expense, all required inspections to comply with Federal, State and/or Local regulations governing the work performed under this RFP. 6.39. INSTRUMENTALITIES: Offeror shall supply all equipment, tools, materials and supplies required for the performance of the designated tasks or requirements set forth in any resultant Purchase Order/Agreement or its attachments. 6.40. INSURANCE REQUIRMENTS: The Offeror is required to carry insurance, meeting the requirements in the Section labeled “Insurance Requirements” or as noted in the specifications. Offeror must submit proof of insurance in the form of a “Certificate of Insurance” to the appropriate Buyer prior to commencing work under this contract. Offeror’s insurance shall remain in effect for the entire term of the contract and must be extended to coincide with any future contract extensions. This Request for Proposal Number must appear on the Certificate of Insurance. 6.41. KEY STAFF: Since the award is made on a quality-based evaluation process, replacement of key staff or subcontractors by the Offeror after award of and prior to the contract execution may cause the Offeror to be disqualified. After award, the successful offeror may request any changes to key staff in writing, subject to the approval of SFCC. 6.42. LATE SUBMISSIONS. Late submissions of offers will not be accepted or considered unless it is determined by SFCC that the late receipt was due solely to mishandling by SFCC or the offer is the only offer received. Late submissions will be returned unopened. 6.43. LICENSES/PERMITS/EASEMENTS: The Offeror shall be responsible for obtaining, at his Offeror’s expense, all easements, right-of-ways, accesses, licenses, permits, and utility locations required to perform the work under this RFP. 6.44. MERGER. The contract shall incorporate all the agreements, covenants, and understandings between the parties thereto concerning the subject matter thereof. No prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in the contract. 6.45. NO OBLIGATION: This RFP in no manner obligates SFCC to the use of any proposed products or services until a valid written contract is awarded and approved by the appropriate SFCC authorities. 6.46. NOTICES: Any notice required to be given or which may be given under this RFP or a resultant contract shall be in writing and delivered in person or via first class mail. Santa Fe Community College Address: SFCC RFP P06-24 20 | P a g e SFCC Purchasing Department 6401 Richards Ave. Santa Fe, New Mexico 87508 6.47. OPTION TO RENEW. SFCC reserves the option to renew the RFP’s resultant contract if such renewal is mutually agreed to and found to be in the best interests of SFCC. These renewal options will be exercised in increments as allowed by NMSA 13-1-150. 6.48. OTHER APPLICABLE LAWS. Any provision required to be included in a resultant Purchase Order/Agreement by any applicable and valid executive order, federal, state or local law, ordinance, rule or regulation shall be deemed to be incorporated herein. 6.49. OSHA REGULATIONS. The Offeror shall abide by Federal Occupational Safety and Health Administration (OSHA) regulations, the State of New Mexico Environmental Improvement Board’s Occupational Health and Safety Regulations that apply to the work performed under this RFP. The Offeror shall defend, indemnify, and hold SFCC free and harmless against any and all claims, loss, liability and expense resulting from any alleged violation(s) of said regulation(s) including but not limited to, fines or penalties, judgments, court costs and attorney’s fees. 6.50. OWNERSHIP OF DOCUMENTS. All documents which are prepared by the Offeror or any member of the consulting team that form a part of its services under a resultant Purchase Order//Agreement are the sole property of SFCC and such works may not be reproduced nor distributed without the express written consent of SFCC and shall be delivered to SFCC upon termination and or completion of this Purchase Order/Agreement if SFCC so requests. The Offeror shall be responsible for the protection and/or replacement of any original documents in its possession. SFCC shall receive all original drawings and the Offeror shall retain a reproducible copy. 6.51. Work Made for Hire - For the consideration payable under a resultant Purchase Order/Agreement, the work product required by the Purchase Order/Agreement shall be considered a work made for hire within the meaning of that term under the copyright laws of the United States, applicable common law and corresponding laws of other countries. SFCC shall have the sole right and authority to seek statutory copyright protection and to enjoy the benefits of ownership of the work. The party performing the work hereby assigns all rights, title and interest in and to the work to SFCC and shall require all members of the consulting team to agree in writing that they assign all right, title and interest in work product required by the Purchase Order/Agreement to SFCC. 6.52. Inventions. For the consideration payable under a resultant Purchase Order/Agreement, the Offeror agrees to report any invention arising out of the Work required by the Purchase Order/Agreement to SFCC. SFCC shall have sole right and authority to seek statutory patent protection under United States and foreign patent laws and to enjoy the benefits of ownership of the invention, whether or not the invention was required of the Offeror or member of the consulting team as part of the performance of Work. The Offeror hereby SFCC RFP P06-24 21 | P a g e assigns all right, title and interest in and to inventions made in the course of the Work to SFCC and agrees to execute and deliver all documents and do any and all things necessary and proper to effect such assignment. Offeror shall require all members of the Consulting Team to agree in writing that they will execute and deliver all documents and do any and all things necessary and proper to effect assignment of inventions arising out of the Work required by the Purchase Order/Agreement to SFCC. 6.53. Survival of Provision. This provision shall survive expiration and termination of the Purchase Order/Agreement. 6.54. PAYMENTS FOR PURCHASING. No warrant, check or other negotiable instrument shall be issued in payment for any purchase of services, construction, or items of tangible personal property unless the Purchasing Office or SFCC using agency certifies that the services, construction or items of tangible personal property have been received and meet specifications. 6.55. PAYMENT TERMS. Upon written request from Offeror for payment, SFCC shall, within 30 days, issue a written certification of complete or partial acceptance or rejection, with payment to follow within 30 days after certificate of acceptance. Late payment charges shall be 1⁄2 of 1% per month. 6.56. PAYROLL OR EMPLOYMENT TAXES. No federal, state, or local income, payroll or employment taxes of any kind shall be withheld or paid by SFCC with respect to payments to Offeror or on behalf of Offeror its agents or employees. Offeror shall withhold and pay any such taxes on behalf of its employees as required by law. The payroll or employment taxes that are the subject to this paragraph include but are not limited to FICA, FUTA, federal personal income tax, state personal income tax, state disability insurance tax, and state unemployment insurance tax. If Offeror is not a corporation, Offeror further understands that Offeror may be liable for self-employment (Social Security) tax, to be paid by Offeror according to law. 6.57. PENALTIES. The Procurement Code, Section 13-1-28 at seq. NMSA 1978, as amended, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose criminal penalties for bribes, gratuities and kickbacks. 6.58. PERIOD FOR OFFER ACCEPTANCE. Offeror agrees that any offer made submitted will be good for a period of one hundred and eighty days (180) calendar days; an additional time period may be requested by SFCC. 6.59. PROPOSAL NEGOTIATION: Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after opening and prior to award for the purpose of obtaining a best and final offer. Negotiations may be conducted with responsible Offerors who submit offers found to be reasonably likely to be selected for award. SFCC is under no obligation to conduct discussions with any or all Offerors. SFCC RFP P06-24 22 | P a g e 6.60. PROTECTION OF CONFIDENTIAL DATA. Offeror agrees to abide by the limitations on re-disclosure of personally identifiable information from education records set forth in The Family Educational Rights and Privacy Act (34 CFR § 99.33 (a)(2) and with the terms set forth below. 34 CFR 99.33 (a)(2) states that the officers, employees and agents of a party that receives education record information from the Institution may use the information, but only for the purposes for which the disclosure was made. 6.61. Definition: Covered data and information (CDI) includes paper and electronic student education record information supplied by Institution, as well as any data provided by Institution’s students to the Offeror. Acknowledgment of Access to CDI: Offeror acknowledges that the Purchase Order/Agreement allows the Offeror access to CDI. 6.62. Prohibition on Unauthorized Use or Disclosure of CDI: Offeror agrees to hold CDI in strict confidence. Offeror shall not use or disclose CDI received from or on behalf of Institution (or its students) except as permitted or required by the Purchase Order/Agreement, as required by law, or as otherwise authorized in writing by Institution. Offeror agrees not to use CDI for any purpose other than the purpose for which the disclosure was made. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Offeror improperly disclosed personally identifiable information obtained from Institution’s education records, Institution may not allow the Offeror access to education records for at least five years. 6.63. Return or Destruction of CDI: upon termination, cancellation, expiration or other conclusion of the Purchase Order/Agreement. Offeror shall return all CDI to Institution or, if return is not feasible, destroy any and all CDI. If the Offeror destroys the information, the Offeror shall provide Institution with a certificate confirming the date of destruction of the data. 6.64. Maintenance of the Security of Electronic Information: Offeror shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted CDI received from, or on behalf of Institution or its students. These measures will be extended by contract to all sub-Offerors used by Offeror. 6.65. Reporting of Unauthorized Disclosures or Misuse of Covered Data and Information: Offeror shall, within one day of discovery, report to Institution any use or disclosure of CDI no authorized by this Purchase Order/Agreement or in writing by Institution. Offeror’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the CDI used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Offeror has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Offeror has taken or shall take to prevent future similar unauthorized use or disclosure. Offeror shall provide such other information, including a written report, as reasonably requested by Institution. 6.66. Indemnity: Offeror shall defend and hold Institution harmless from all claims, liabilities, damages, or judgments involving a third party, including Institution’s costs and attorney SFCC RFP P06-24 23 | P a g e fees, which arise as a result of Offeror’s failure to meet any of its obligations under this Purchase Order/Agreement. 6.67. Note: Inclusion of data by students into the terms of the contract will depend upon the contract and may not be needed." 6.68. PURCHASE ORDER/AGREEMENT. Any resultant Purchase Order/Agreement shall be the sole and entire Purchase Order/Agreement between the parties; any documents incorporated into the Purchase Order/Agreement are listed explicitly on the front side of the Purchase Order/Agreement or are incorporated by implication by the terms of any resultant Purchase Order/Agreement. Any terms inconsistent with or in addition to any resultant Purchase Order/Agreement proposed by Offeror are deemed rejected unless agreed to in writing by an appropriate SFCC official. 6.69. RELATIONSHIP OF PARTIES. The parties and their respective employees are at all times acting as independent Offerors. Offeror will not be considered an employee of SFCC for any purpose, including, but not limited to, workers’ compensation, insurance, bonding or any other benefits afforded to employees of SFCC. Neither party has any express or implied authority to assume or create any obligation or responsibility on behalf of or in the name of the other party. 6.70. RELEASE SFCC. The Offeror shall, upon final payment of the amount due under the contract release SFCC, their officers and employees and the State of New Mexico from liabilities, claims and obligations whatsoever arising from the contract. The Offeror agrees not to purport to bind SFCC or the State of New Mexico to any obligation not assumed in the contract by SFCC or the State of New Mexico unless the Offeror has express, written authority to do so, and then only within the strict limits of that authority. 6.71. REMOVAL OF OFFEROR’S EMPLOYEE(S). SFCC may request that Offeror’s employee(s) be removed from the work under the contract for cause. SFCC may immediately terminate, with written notice to Offeror, the services of any Contactor employee, if SFCC management believes in good faith that Offeror’s employee is unable to perform the services with reasonable skill. Offeror’s agreement may also be terminated if Offeror’s liability insurance coverage is modified or terminated. 6.72. REQUEST AS AGREEMENT: This Request for Proposal governs any offer and the selection process. Submission of an offer in response to this Request for Proposal constitutes acceptance of all this Request for Proposal terms and conditions. The terms and conditions of the Request may not be modified, altered, nor amended in any way by any Offer. Any such modification, alteration, or amendment shall be considered to be a request for modification, alteration or amendment, which request shall be deemed denied unless specifically accepted in writing by SFCC. Upon issuance of a Purchase Order, this Request shall be superseded, unless it is referenced on the front page of the Purchase Order, in which case it shall be deemed to be fully incorporated and integrated into the resultant contract. SFCC RFP P06-24 24 | P a g e 6.73. RETENTION OF RECORDS. Offeror will maintain detailed records indicating the date, time and nature of services provided under the Agreement for a period of at least five years after termination of the Agreement and will allow access for inspection by SFCC the Secretary for Health and Human Services, the Comptroller General and the Inspector General to such records for the purpose of verifying costs associated with provisions of services under the Agreement. 6.74. RIGHT TO PROTEST. This solicitation or an award of this RFP may be protested as per the New Mexico Procurement Code and SFCC Purchasing Department Procedures. 6.75. RIGHT TO WAIVE MINOR IRREGULARITIES. SFCC Chief Procurement Officer (CPO) reserves the right to waive minor irregularities. SFCC CPO also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of SFCC CPO. 6.76. SCHEDULE DELAYS. If after the award, the Offeror becomes aware of possible problems that could result in delay in completion of the work on the agreed-to schedule; the Offeror must immediately notify the Buyer or the designated representative. The initial notification of the delay may be verbal with a written confirmation, giving the probable cause and effect, with recommendations for alternate action. Nothing in this paragraph will be interpreted as relieving the Offeror of its contractual obligations; however, failure to notify SFCC promptly will be basis for determining the Offeror responsibility in an otherwise excusable delay. 6.77. OFFEROR’S EMPLOYEES AND AGENTS. Offeror shall have complete charge and responsibility for persons employed by Offeror and engaged in the performance of the specified work. The Offeror, its agents and employees state that they are independent Offerors and not employees of SFCC. Offeror, its agents and employees shall not accrue leave, retirement, insurance, bonding or any other benefit afforded to employees of SFCC as a result of any resultant Purchase Order/Agreement. 6.78. STATE AND LOCAL ORDINANCES. The Offeror shall perform work under this contract in strict accordance with the latest adopted version of all State and local codes, ordinances, and regulations governing the work involved. 6.79. SUBCONTRACTORS. The Offeror shall indicate whether the Offeror intends to use agents or subcontractors to perform the services outlined in the Agreement and shall provide details on who they are and the service(s) the agent/subcontractor shall perform. The successful Offeror shall remain primarily responsible for the performance of the Agreement notwithstanding its use of agents or subcontractors as approved by SFCC. If the Offeror is not using agents or subcontractors on this RFP, the Offeror should respond by stating not applicable. 6.80. TERMINATION AND DELAYS. SFCC may by written notice stating the extent and effective date, terminate any resultant Purchase Order/Agreement for convenience in whole SFCC RFP P06-24 25 | P a g e or in part, at any time. SFCC shall pay Offeror as full compensation for performance until such termination: (1) the unit or pro rata order price for the delivered and accepted portion: and (2) incidental damages, not otherwise recoverable from other sources by Offeror, as approved by SFCC, with respect to the undelivered or unaccepted portion of any resultant Purchase Order/Agreement provided compensation hereunder shall in no event exceed the total contracted price. Such amount will be limited to Offeror's actual cost and may not include anticipated profits. SFCC shall not be liable for consequential damages. SFCC may by written notice terminate any resultant Purchase Order/Agreement in whole or in part for Offeror's default if Offeror refuses or fails to comply with the provisions of a resultant Purchase Order/Agreement or fails to make progress so as to endanger performance and does not cure such failure within a reasonable period of time. In such event, SFCC may otherwise secure the materials, supplies or services ordered, and Offeror shall be liable for damages suffered by SFCC thereby, including incidental and consequential damages. If after notice of termination, SFCC determines Offeror was not in default, or if Offeror's default is due to failure of SFCC, termination shall be deemed for the convenience of SFCC. The rights and remedies of SFCC provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under a resultant Purchase Order/Agreement as used in this paragraph, the word “Offeror” includes Offeror and Offeror’s sub-suppliers at any tier. 6.81. THIRD PARTIES. Nothing in this Agreement, express or implied, is intended to confer any rights, remedies, claims, or interests upon a person not a party to this Agreement. 6.82. WAIVER. The Contract shall contain a provision that states that no waiver of any breach of the Contract or any terms or conditions thereof shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid, alleged or binding unless the same shall be in writing and signed by the party to have granted the waiver. 6.83. INTENT. The intent of this RFP is to establish a purchasing mechanism for these products and services. The Awardees(s) shall have the opportunity to market their resultant Master Price Agreement to other local public bodies and state agencies under the State of New Mexico Public Purchases and Property, NMSA 1978, Article 1, Procurement, Section 13- 1-129, “Procurement under existing Contracts.” Any purchases and transactions that take place under this allowance shall be between the awardee and the respective agency and in no way shall be the responsibility of SFCC. Any institution of higher education and central purchasing office within the State of New Mexico other than Santa Fe Community College utilizing this price agreement will be required to administer its own contract documents. 6.84. COMPLIANCE WITH FEDERAL CONTRACT REQUIREMENTS. When Federal funding is to be used, if price quoted is in excess of $150,000 and when applicable, the contract shall contain provisions that will require the Contractor comply with all appliable standards, orders or regulations issued pursuant to 2 CFR §200.320-326. SFCC RFP P06-24 Proposal Form Page 1 EXHIBIT A AUTHORIZED SIGNATURE PAGE THE FOLLOWING OFFEROR INFORMATION MUST BE COMPLETED AND RETURNED WITH THE RFP: Please note that the information requested on the certification form is for reporting purposes only and will not be used in evaluating or awarding an agreement. ACKNOWLEDGMENT OF ADDENDA The undersigned acknowledges receipt of the following addenda (if applicable): Addenda No. _______ Dated_______ Addenda No._______ Dated_______ Addenda No. _______ Dated_______ Addenda No._______ Dated_______ Addenda No. _______ Dated_______ Addenda No._______ Dated_______ Addenda No. _______ Dated_______ Addenda No._______ Dated_______ The undersigned, as an authorized representative for the Company named below, acknowledges that the Offeror has examined this RFP with its related documents and is familiar with all of the conditions surrounding the described materials, labor and/or services. Offeror hereby agrees to furnish all labor, materials and supplies necessary to comply with the specifications in accordance with the Terms and Conditions set forth in this RFP and at the prices stated within the RFP. The undersigned further states that the company submitting this RFP is not in violation of any applicable Conflict of Interest laws or regulations or any other related clauses included in this RFP. COMPANY NAME ______________________________________________________ ADDRESS ______________________________________________________________ CITY/STATE/ZIP________________________________________________________ TELEPHONE:____________________EMAIL: _____________________________________ NEW MEXICO GROSS RECEIPTS TAX NO (if applicable) ___________________ FEDERAL EMPLOYER ID NUMBER (FEIN) _______________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE _______________________ PRINTED OR TYPED NAME _____________________________________________ TITLE _________________________________________________________________ DATE __________________________________________________________________ SFCC RFP P06-24 Proposal Form Page 2 SFCC RFP P06-24 Proposal Form Page 3 EXHIBIT B SMALL AND SMALL DISADVANTAGED BUSINESS CERTIFICATION SFCC participates in the Government’s Small and Small Disadvantaged Business programs. This requires written certification from our suppliers and Offerors as to their business status. Please furnish the information requested below. 1.0 Small Business – An enterprise independently owned and operated, not dominant in its field and meets employment and/or sales standards developed by the Small Business Administration. See 13 CFR 121.201 1.a Small Disadvantaged Business – a Small Business Concern owned and controlled by socially and economically disadvantaged individuals; and (1) Which is at least 51% owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals and (2) Whose management of daily operations is controlled by one or more such individuals. The Offeror shall presume Black Americans, Hispanic Americans, Native Americans (such as American Indians, Eskimos, Aleuts and Native Hawaiians), Asian-Pacific Americans and other minorities or any other individual found to be disadvantaged by the Administration pursuant to Section 8 (a) of the Small Business Act and (3) Is certified by the SBA as a Small Disadvantaged Business. 1.b Women-Owned Business Concern – A business that is at least 51% owned by a woman or women who also control and operate it. Control in this context means exercising the power to make policy decisions. Operate in this context means being actively involved in the day-to-day management. 1.c HUBZone Small Business Concern – A business that is located in historically underutilized business zones, in an effort to increase employment opportunities, investment and economic development in those areas as determined by the Small Business Administration’s (SBA) List of Qualified HUBZone Small Business Concerns. 1.d Veteran-Owned Small Business Concern – A business that is at least 51% owned by one or more veterans; or in the case of any publicly owned business, at least 51% of the stock of which is owned and controlled by one or more veterans and the management and daily business operations of which are controlled by one or more veterans. 1.e Service Disabled Veteran-Owned Small Business – A business that is at least 51% owned by one or more service disabled veterans; or in the case of any publicly owned business, at least 51% of the stock of which is owned and controlled by one or more SFCC RFP P06-24 Proposal Form Page 4 service disabled veterans and the management and daily business operations of which are controlled by one or more service disabled veterans. Service-disabled veteran means a veteran as defined in 38 U.S.C. 101(2) with a disability that is service connected as defined in 13 U.S.C. 101(16). Company Name:________________________________________________________________ Telephone:_____________________________________________________________________ Street Address:_________________________________________________________________ County: ________________________City:___________________________________________ State & Zip: ___________________________________________________________________ Is this firm a (please check): Division Subsidiary Affiliated? Primary NAICS Code: If an item above is checked, please provide the name and address of the Parent Company below: ______________________________________________________________________________ ______________________________________________________________________________ Check All Categories That Apply: 1. Small Business 2. Small Disadvantaged Business (Must be SBA Certified) 3. Woman Owned Small Business 4. HUBZone Small Business Concern (Must be SBA Certified) 5. Veteran Owned Small Business 6. Disabled Veteran Owned Small Business 7. Historically Black SFCC/SFCC or Minority Institution 8. Large Business THANK YOU FOR YOUR COOPERATION Signature and Title of Individual Completing Form: ________________________________________ ________________________________________ Date: ______________________ Please return this form to: SFCC Purchasing Department 6401 Richards Ave. Santa Fe, NM 87508 505-428-1214 (voice) 505-428-1599 (fax) NOTE: This certification is valid for a one-year period. It is your responsibility to notify us if your size or ownership status changes during this period. After one year, you are required to re-certify with us. SFCC RFP P06-24 Proposal Form Page 5 Notice: In accordance with U.S.C. 645(d)., any person who misrepresents a firm’s proper size classification shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act. If you have difficulty determining your size status, you may contact the Small Business Administration at 1-800-U-ASK-SBA or 202-205-6618. You may also access the SBA website at www.sba.gov/size or you may contact the SBA Government Contracting Office at 817-684-5301. (Rev. 6/2002) http://www.sba.gov/size SFCC RFP P06-24 Proposal Form Page 6 EXHIBIT C CONFLICT OF INTEREST AND DEBARMENT/SUSPENSION CERTIFICATION FORM CONFLICT OF INTEREST The authorized Person, Firm and/or Corporation states that to the best of his/her belief and knowledge: No employee or SFCC (or close relative), with the exception of the person(s) identified below, has a direct or indirect financial interest in the Offeror or in the proposed transaction. Offeror neither employs, nor is negotiating to employ, any SFCC employee, Regent or close relative, with the exception of the person(s) identified below. Offeror did not participate, directly or indirectly, in the preparation of specifications upon which the RFP or offer is made. If the Offeror is a New Mexico State Legislator or if a New Mexico State Legislator holds a controlling interest in Offeror, please identify the legislator: _____________________________________ List below the name(s) of any SFCC or New Mexico employee, Regent or close relative who now or within the preceding 12 months (1) works for the Offeror; (2) has an ownership interest in the Offeror (other than as an owner of less than 1% of Offeror’s stock, if Offeror is a publicly traded corporation); (3) is a partner, officer, director, trustee or consultant to the Offeror; (4) has received grant, travel, honoraria or other similar support from Offeror; or (5) has a right to receive royalties from the Offeror. ______________________________________________________________________________ ___________________ DEBARMENT/SUSPENSION STATUS The Offeror certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice or proposed debarment from any Agency. The Offeror agrees to provide immediate notice to SFCC of New Mexico Hospitals Purchasing Department Buyer in the event of being suspended, debarred or declared ineligible by any department or federal agency, or upon receipt of a notice of proposed debarment that is received after the submission of the RFP or offer but prior to the award of the purchase order or contract. CERTIFICATION The undersigned hereby certifies that he/she has read the above CONFLICT OF INTEREST and DEBARMENT/SUSPENSION Status requirements and that he/she understands and will comply with these requirements. The undersigned further certifies that they have the authority to certify compliance for the Offeror named and that the information contained in this document is true and accurate to the best of their knowledge. Signature: _____________________________________ Title: _______________________________Date: __________________ Name Typed: __________________________________ Company Name: ____________________________________________ Address ______________________________________ City/State/zip: ______________________________________________ THE FOLLOWING MUST BE CERTIFIED IF THIS PURCHASE ORDER IS $100,000 OR GREATER: CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (September, 2005) SFCC RFP P06-24 Proposal Form Page 7 (a) In accordance with FAR 52.203-11, the definitions and prohibitions contained in the clause at FAR 52.203-12, Limitation on Payments to influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after; December 23, 1989: 1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract. 2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal Transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and 3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The undersigned company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) CERTIFICATION The undersigned hereby certifies that he/she has read the above CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTION (APR 1991) and CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT requirements and that he/she understands and will comply with these requirements. The undersigned further certifies that they have the authority to certify compliance for the Offeror named below. Signature:_____________________________________Title:____________________________ __ Date: _________ Name Typed:_______________________________________ Company: _____________________________________________ Address:__________________________________________City/State/zip: ____________________________________ SFCC RFP P06-24 Proposal Form Page 8 EXHIBIT D CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APRIL 1991) 1. The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to influence Certain Federal Transactions, I included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. 2. The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after; December 23, 1989; a. Federal appropriated funds have not been paid and will not be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal Transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. c. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFICATION The undersigned hereby certifies that he/she has read the above CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTION (APR 1991) requirements and that he/she understands and will comply with these requirements. The undersigned further certifies that they have the authority to certify compliance for the Offeror named below. Signature: Title: Date: Name Typed: Company: Address: City/State/zip: ___________ SFCC RFP P06-24 Proposal Form Page 9 EXHIBIT E Campaign Contribution Disclosure Form Pursuant to Chapter 81, Laws of 2006, any prospective Offeror seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. The prospective Offeror must disclose whether they, a family member or a representative of the prospective Offeror has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the Offeror submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the Offeror signs the contract, if the aggregate total of contributions given by the prospective Offeror, a family member or a representative of the prospective Offeror to the public official exceeds two hundred and fifty dollars ($250) over the two year period. THIS FORM MUST BE FILED BY ANY PROSPECTIVE OFFEROR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective Offeror is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volun