1. DEFINITIONS AND TERMS
1.1 Addendum: a written or graphic instrument issued prior to the opening of Bids that clarifies, corrects, or changes the Invitation for Bids. Plural: addenda.
1.2 Bidder: any person, corporation, or partnership legally licensed who chooses to submit a Bid in response to this Invitation for Bids.
1.3 Contractor: means the successful bidder awarded the Agreement/Contract.
1.4 Determination: means the written documentation of a decision of the Assistant Regional Coordinator including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.
1.5 Procurement Manager: means the person or designee authorized by the Contracting Agency to manage or administer a procurement requiring the evaluation of Bids.
1.6 Invitation For Bids: or "IFB" means all documents, including those attached or incorporated by reference, used for soliciting Bids.
1.7 Responsible Bidder: means a Bidder who submits a responsive bid and who has furnished, when required, information and data to prove that it’s financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the Bid.
1.8 Responsive Bid: means a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Material respects of an invitation for bids include, but are not limited to, price, quality, quantity or delivery requirements.
1.9 The terms must, shall, will, is required, or are required, identify a mandatory item or factor. Failure to comply with a mandatory item or factor will result in the rejection of the Bidder's Bid.
1.10 The terms can, may, should, preferably, or prefers identify a desirable or discretionary item or factor.
2. INVITATION FOR BID DOCUMENTS
2.1 COPIES OF INVITATION FOR BIDS
A. A complete set of the Invitation For Bids may be obtained from the Contracting Agency (unless another issuing office is designated in the IFB).
B. A complete set of the Invitation For Bid shall be used in preparing bids; the Contracting Agency assumes no responsibility for errors or misinterpretations resulting from the use of an incomplete set of the Invitation For Bids.
C. The Contracting Agency in making copies of Invitation For Bids available on the above terms, does so only for the purpose of obtaining Bids on the Project and does not confer a license or grant for any other use.
D. A copy of the IFB shall be made available for public inspection and shall be posted at the Administration Building of the Contracting Agency.
2.2 INTERPRETATIONS
A. All questions about the meaning or intent of the Invitation For Bids shall be submitted to the Assistant Regional Coordinator of the Contracting Agency in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Contracting Agency as having received the Invitation For Bids. Questions received less than five days prior to the date for opening of bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
B. Bidders should promptly notify the Contracting Agency of any ambiguity, inconsistency, or error which they may discover upon examination of the Invitation For Bids.
2.3 ADDENDA
A. Addenda will be mailed by certified mail with return receipt requested, by facsimile or hand delivered to all who are known by the Contracting Agency to have received a complete set of Invitation For Bids
B. Copies of Addenda will be made available for inspection wherever Invitation For Bids are on file for that purpose.
C. No Addenda will be issued later than 5 days prior to the date for receipt of Bids, except an Addendum withdrawing the Invitation For Bids or one which includes postponement of the date for receipt of Bids.
D. Each Bidder shall ascertain, prior to submitting the Bid, that the Bidder has received all Addenda issued, and shall acknowledge their receipt in the Bid transmittal letter.
3. BID SUBMITTAL PROCEDURES
3.1 NUMBER, FORM AND STYLE OF BIDS
A. Bidders shall provide 1 original and 1 copy of their bid to the location specified on the cover page on or before the closing date and time for receipt of bids.
B. All Bids must be submitted on the forms provided
C. The bid must be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated:
N/A
D. Bidders may request in writing nondisclosure of confidential data. Such data should accompany the bid and should be readily separable from the bid in order to facilitate eventual public inspection of the non-confidential portion of the bid. A request that states that the entire Bid be kept confidential will not be acceptable. Only matters which clearly are of a confidential nature will be considered.
G. Any cost incurred by the Bidder in preparation, transmittal, presentation of any bid or material submitted in response to this IFB shall be borne solely by the Bidder.
3.2 SUBCONTRACTORS
A. The Bidder shall list and state the qualifications for each Sub-contractor the Bidder proposes to use for all subcontracted Work.
B. The Bidder is specifically advised that any person or other party to whom it is proposed to award a subcontract under this Bid, must be acceptable to the Contracting Agency after verification by the Contracting Agency of the current eligibility status, including but not limited to suspension or debarment by the Contracting Agency.
3.3 PREQUALIFICATION PROCESS
A business may be pre-qualified by the Assistant Regional Coordinator as a Bidder for particular types of service. Mailing lists of potential Bidders shall include but shall not be limited to such pre-qualified businesses. For purposes of this IFB, if prequalification is utilized, special instructions will be attached as an exhibit to this IFB.
3.4 DEBARRED OR SUSPENDED CONTRACTORS
A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of 13-1-177 NMSA through 13-1-180, NMSA and 13-4-11, NMSA through 13-4-17 NMSA 1978 as amended, shall not be permitted to do business with the Contracting Agency and shall not be considered for award of the contract during the period for which it is debarred or suspended with the Contracting Agency.
3.5 SUBMITTAL OF BIDS
A. Bids shall be submitted at the time and place indicated in the Notice of Invitation for Bids and shall be included in an opaque sealed envelope marked with the Project title and name and address of the Bidder and accompanied by the documents listed in the Invitation for Bids.
B. The envelope shall be addressed to the Assistant Regional Coordinator of the Contracting Agency. The following information shall be provided on the front lower left corner of the Bid envelope: Project Title, Project No., Invitation for Bids number, date of opening, and time of opening. If the Bid is sent by mail, the sealed envelope shall have the notation "SEALED BID ENCLOSED" on the face thereof.
C. Bids received after the date and time for receipt of Bids will be returned unopened.
D. The Bidder shall assume full responsibility for timely delivery of Bids at the Assistant Regional Coordinator's office, including those Bids submitted by mail. Hand-delivered Bids shall be submitted to the Assistant Regional Coordinator or his designee and will be clocked in/time stamped at the time received, which must be prior to the time specified.
E. After the date established for receipt of Bids, a register of Bids will be prepared which includes the name of each Bidder, a description sufficient to identify the service, the names and addresses of the required witnesses, and such other information as may be specified by the Assistant Regional Coordinator.
F. Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.
3.6 CORRECTION OR WITHDRAWAL OF BIDS
A. A Bid containing a mistake discovered before Bid opening may be modified or withdrawn by a Bidder prior to the time set for Bid opening by delivering written or telegraphic notice to the location designated in the Invitation for Bids as the place where Bids are to be received.
B. Withdrawn Bids may be resubmitted up to the time and date designated for the receipt of Bids, provided they are then fully in conformance with the Invitation for Bids.
3.7 NOTICE OF CONTRACT REQUIREMENTS BINDING ON BIDDER
A. In submitting this Bid, the Bidder represents that the Bidder has familiarized himself with the nature and extent of the Invitation for Bids dealing with federal, state and local requirements which are a part of these Invitation for Bids.
B. Laws and Regulations: The Bidder's attention is directed to all applicable federal and state laws, local ordinances and regulations and the rules and regulations of all authorities having jurisdiction over the services of the Project.
3.8 REJECTION OR CANCELLATION OF BIDS
This Invitation for Bids may be canceled, or any or all Bids may be rejected in whole or in part, when it is in the best interest of the Contracting Agency. A determination containing the reasons therefore shall be made part of the project file.
4. CONSIDERATION OF BIDS
4.1 RECEIPT, OPENING AND RECORDING
A. Bids received on time will be opened publicly or in the presence of one or more witnesses and the name of the Bidder and address will be read aloud.
B. The names of all businesses submitting Bids and the names of all businesses, if any, selected for interview shall be public information. After an award has been made, final ranking and evaluation scores for all Bids shall become public information. The contents of any Bid shall not be disclosed so as to be available to competing Bidders during the negotiation process.
4.2 BID EVALUATION
A. Bids shall be evaluated on the basis of demonstrated competence and qualification for the type of service required, and shall be based on the evaluation factors set forth in this IFB. For the purpose of conducting discussions, Bids may initially be classified as:
1) acceptable,
2) potentially acceptable, that is, reasonably assured of being made acceptable, or
3) unacceptable (Bidders whose Bids are unacceptable shall be notified promptly).
B. The Contracting Agency shall have the right to waive technical irregularities in the form of the Bid of the Bidder which do not alter the quality or quantity of the services.
C. If a Bidder who otherwise would have been awarded a contract is found not to be a responsible Bidder, a determination that the Bidder is not a responsible Bidder, setting forth the basis of the finding, shall be prepared by the Assistant Regional Coordinator/Procurement Manager. The unreasonable failure of the Bidder to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Bidder is not a responsible Bidder. Businesses which have not been selected shall be so notified in writing within twenty-one days after an award is made.
D. Selection Process:
1) The lowest responsible bid that meets or exceeds the specifications will be awarded the contract.
4.3 NEGOTIATIONS
A. The Contracting Agency shall publicly announce the business selected for award.
4.4 NOTICE OF AWARD
After award by the NCRTD Board of Directors, a written notice of award shall be issued by the Contracting Agency after review and approval of the Bid and related documents by the Contracting Agency with reasonable promptness.
5. POST-BID INFORMATION
5.1 PROTESTS
A. Any Bidder who is aggrieved in connection with a solicitation or award of a Agreement may protest to the Contracting Agency's Assistant Regional Coordinator and the Executive Director in accordance with the requirements of the NM State Procurement Code. The protest should be made in writing within 24 hours after the facts or occurrences giving rise thereto, but in no case later than 15 calendar days after the facts or occurrences giving rise thereto.
B. In the event of a timely protest under this section, the Assistant Regional Coordinator and the Contracting Agency shall not proceed further with the procurement unless the Assistant Regional Coordinator makes a determination that the award of Agreement is necessary to protect substantial interests of the Contracting Agency.
C. The Assistant Regional Coordinator or his designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Bidder concerning a procurement. This authority shall be exercised in accordance with the NM State Procurement Regulations, but shall not include the authority to award money damages or attorneys' fees.
D. The Executive Director or her designee shall promptly issue a determination relating to the protest. The determination shall:
1) state the reasons for the action taken; and
2) inform the protestant of the right to judicial review of the determination.
E. A copy of the determination issued under shall immediately be mailed to the protestant and other Bidders involved in the procurement.
5.2 EXECUTION AND APPROVAL OF AGREEMENT
The Agreement shall be signed by the Successful Bidder and returned within an agreed upon time frame after the date of the Notice of Award. No Agreement shall be effective until it has been fully executed by all of the parties thereto. The initial contract award will be for a one year period. The NCRTD reserves the right to renew the contract, based on satisfactory contractor performance, for a period of up to four years.
5.3 NOTICE TO PROCEED
The Contracting Agency will issue a written Notice to Proceed to the Contractor.
5.4 BIDDER'S QUALIFICATION STATEMENT
Bidder to whom award of a Agreement is under consideration shall submit, upon request, information and data to prove that their financial resources, production or service facilities, personnel, and service reputation and experience are adequate to make satisfactory delivery of the services described in the Invitation for Bids.
6. OTHER INSTRUCTIONS TO BIDDERS
6.1 Bidders will include a Contingency Plan in the event of bus failure and driver absence.