request for proposals (rfp) 2021-210 glass/window/door …

RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services i

CLOVIS MUNICIPAL SCHOOL DISTRICT

REQUEST FOR PROPOSALS (RFP)

2021-210

Glass/Window/Door and Hardware Replacement and Repair Services

NIGP COMMODITY CODES: 91030; 91447; 93638; 06057; 15019; 015020; 15021; 15022; 15023;

15024; 15025; 15026; 15027; 15054; 15077; 55792; 55931; 90937

RFP Release Date: March 14, 2021

Pre-Proposal Conference: March 30, 2021 at 10:00 a.m.

Proposal Due Date: April 20, 2021 at 1:00 p.m.

RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services ii

TABLE OF CONTENTS

I. INTRODUCTION .................................................................................................................................................. 1

A. PURPOSE OF THIS REQUEST FOR PROPOSALS ............................................................................................ 1 B. SCOPE OF PROCUREMENT .......................................................................................................................... 1 C. PROCUREMENT MANAGER......................................................................................................................... 1 D. PROPOSAL DELIVERY .................................................................................................................................. 2 E. DEFINITION OF TERMINOLOGY................................................................................................................... 2 F. PROCUREMENT LIBRARY ............................................................................................................................ 5

II. CONDITIONS GOVERNING THE PROCUREMENT ................................................................................................. 6

A. SEQUENCE OF EVENTS ..................................................................................................................................... 6 B. EXPLANATION OF EVENTS ............................................................................................................................... 6

1. Issuance of RFP ........................................................................................................................................... 6 2. Distribution List Response Form ................................................................................................................. 6 3. Pre-Proposal Conference ............................................................................................................................ 7 4. Deadline to Submit Written Questions ....................................................................................................... 7 5. Response to Written Questions .................................................................................................................. 7 6. Deadline for Final Addenda ........................................................................................................................ 7 7. Submission of Proposal ............................................................................................................................... 8 8. Proposal Evaluation .................................................................................................................................... 8 9. Selection of Finalists ................................................................................................................................... 8 10. Oral Presentations ...................................................................................................................................... 9 11. Issue Recommendation of Award to Board of Education ........................................................................... 9 12. Finalize Contractual Agreements / Contract Awards ................................................................................. 9 13. Protest Deadline ......................................................................................................................................... 9

C. GENERAL REQUIREMENTS ............................................................................................................................. 10 1. Acceptance of Conditions Governing the Procurement ............................................................................ 10 2. Incurring Cost ............................................................................................................................................ 10 3. Prime Contractor Responsibility ............................................................................................................... 10 4. Subcontractors .......................................................................................................................................... 10 5. Amended Proposals .................................................................................................................................. 10 6. Offeror’s Rights to Withdraw Proposal ..................................................................................................... 10 7. Proposal Offer Firm ................................................................................................................................... 11 8. Disclosure of Proposal Contents ............................................................................................................... 11 9. No Obligation ............................................................................................................................................ 11 10. Termination .............................................................................................................................................. 11 11. Sufficient Appropriation ............................................................................................................................ 12 12. Legal Review ............................................................................................................................................. 12 13. Governing Law .......................................................................................................................................... 13 14. Basis for Proposal ..................................................................................................................................... 13 15. Contract Terms and Conditions ................................................................................................................ 13 16. Offeror’s Terms and Conditions ................................................................................................................ 13 17. Contract Deviations .................................................................................................................................. 13 18. Offeror Qualifications ............................................................................................................................... 14 19. Clarifications from Offerors ...................................................................................................................... 14 20. Right to Waive Minor Irregularities .......................................................................................................... 14 21. Change in Contractor Representatives ..................................................................................................... 14 22. Assignment ............................................................................................................................................... 14 23. Notice of Penalties .................................................................................................................................... 14 24. District Rights............................................................................................................................................ 14 25. Brand Name/Equal Specifications ............................................................................................................ 15 26. Right to Publish ......................................................................................................................................... 15

RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services iii

27. Ownership of Proposals ............................................................................................................................ 15 28. Ambiguity, Inconsistency or Errors in the RFP .......................................................................................... 15 29. Competition .............................................................................................................................................. 15 30. Indemnification ......................................................................................................................................... 15 31. Insurance (if applicable) ........................................................................................................................... 16 32. Licensing Requirements ............................................................................................................................ 16 33. Confidentiality .......................................................................................................................................... 16 34. Records Retention ..................................................................................................................................... 17 35. Electronic mail address required .............................................................................................................. 17 36. Use of Electronic Versions of this RFP ....................................................................................................... 17 37. Audit ......................................................................................................................................................... 17 38. Independent Contractor........................................................................................................................... 17 39. Procurement Under Existing Contracts ..................................................................................................... 17 40. Equal Employment Opportunity ............................................................................................................... 17 41. New Mexico Employees Health Coverage ................................................................................................ 18 42. Debarment/Suspension ............................................................................................................................ 18 43. Conflict of Interest .................................................................................................................................... 19 44. Non-Collusion ............................................................................................................................................ 19 45. Non-Disclosure .......................................................................................................................................... 19 46. Campaign Contribution Disclosure Form .................................................................................................. 19 47. Letter of Transmittal ................................................................................................................................. 19 48. Disclosure Regarding Responsibility ......................................................................................................... 19 49. New Mexico Preferences .......................................................................................................................... 21

III. RESPONSE FORMAT AND ORGANIZATION ...................................................................................................... 22

A. NUMBER OF RESPONSES ............................................................................................................................... 22 B. NUMBER OF COPIES ...................................................................................................................................... 22

1. Hard Copy Responses ................................................................................................................................ 22 C. PROPOSAL FORMAT ...................................................................................................................................... 23

1. Proposal Content and Organization ......................................................................................................... 23

IV. SPECIFICATIONS .............................................................................................................................................. 25

A. SCOPE OF WORK ............................................................................................................................................ 25 B. TECHNICAL SPECIFICATIONS .......................................................................................................................... 27

1. Organizational Experience/Qualifications (25 Points) .............................................................................. 27 2. Capacity and Capability (30 Points) .......................................................................................................... 27 3. Organizational References (15 Points) ..................................................................................................... 27 4. Services (35 Points) ................................................................................................................................... 27 1. Letter of Transmittal Form (Pass/Fail) ...................................................................................................... 28 2. Campaign Contribution Disclosure Form (Pass/Fail) ................................................................................ 28 3. Conflict of Interest and Debarment/Suspension Certification Form (Pass/Fail) ....................................... 28 4. Non-Collusion Affidavit Form (Pass/Fail) .................................................................................................. 28 5. Cost (45 Points) ......................................................................................................................................... 28 6. Resident Business or Resident Veterans Preference (5% or 10%) ............................................................. 29

D. CONTRACT MANAGER ................................................................................................................................... 29

V. EVALUATION ................................................................................................................................................... 30

EVALUATION POINT SUMMARY .............................................................................................................................. 30 A. EVALUATION PROCESS .................................................................................................................................. 30 B. METHOD OF AWARD ..................................................................................................................................... 31

VI. PRICE PROPOSAL FORM .............................................................................................................................. 32

1" LOW E/CLEAR TEMPERED ................................................................................................................................ 33

RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services iv

APPENDIX A ......................................................................................................................................................... 35

DISTRIBUTION LIST RESPONSE FORM...................................................................................................................... 35

APPENDIX B ......................................................................................................................................................... 36

LETTER OF TRANSMITTAL FORM ............................................................................................................................. 36

APPENDIX C ......................................................................................................................................................... 37

CONFLICT OF INTEREST AND DEBARMENT/SUSPENSION CERTIFICATION FORM ................................................... 37

APPENDIX D ......................................................................................................................................................... 38

CAMPAIGN CONTRIBUTION DISCLOSURE FORM .................................................................................................... 38

APPENDIX E ......................................................................................................................................................... 40

NON-COLLUSION AFFIDAVIT FORM ........................................................................................................................ 40

ATTACHMENT A ................................................................................................................................................... 41

CERTIFICATE OF INSURANCE ................................................................................................................................... 41

ATTACHMENT B ................................................................................................................................................... 43

VENDOR INFORMATION FORM AND W-9 ............................................................................................................... 43

RFP 2021-210 Glass/Window/Door and Hardware Replacement & Repair Services1 | P a g e

I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals from qualified firms interested in providing Glass/Windows/Door and Hardware Replacement and Repair Services to the Clovis Municipal School District.

B. SCOPE OF PROCUREMENT

The scope of the procurement consists of providing Glass/Window/Door & Hardware Replacement and Repair Services to CMS on an as-needed basis. The duration of the contract resulting from this RFP shall be for one (1) year from the date of award. Clovis Municipal Schools reserves the right, by mutual agreement of the parties, to extend the contract on an annual basis at the same price, terms and conditions for up to an additional three (3) years. Under no circumstances shall the term of this contract, included all extensions and renewals, exceed four (4) years.

C. PROCUREMENT MANAGER

The Clovis Municipal School District has designated a Chief Procurement Officer who is responsible for the conduct of this procurement whose name, address and telephone number is listed below.

Carlos Molina, Chief Procurement Officer Clovis Municipal Schools

1009 N Main PO Box 19000

Clovis, NM 88102-9000 (575) 769-4327 (575) 769-4333

[email protected]

1. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Chief Procurement Officer. Offerors may contact ONLY the Chief Procurement Officer regarding this solicitation. Other District employees or Evaluation Committee members do not have the authority to respond on behalf of the District.

Any contact with a District department or employee may automatically results in rejection of any proposal. Any other communication will be considered unofficial and non-binding. Any response made by the District will be provided in writing to all Offerors by addendum, no verbal responses shall be authoritative.

2. Protests of the solicitation or award must be submitted in writing to the Chief

Procurement Officer identified in Section II.B.12. Pursuant to § 13-1-172, NMSA 1978 and 1.4.182 NMAC, ONLY protests delivered directly to the Chief Procurement Officer in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statue, rule and this Request for Proposal.


D. PROPOSAL DELIVERY All deliveries of proposal via hand delivery must be address and submitted as follows

Carlos Molina, Chief Procurement Officer RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services

Clovis Municipal Schools 1009 N. Main

Clovis, NM 88102-9000

All deliveries of proposal via express carrier or courier must be address and submitted as follows

Carlos Molina, Chief Procurement Officer RFP 2021-210 Glass/Window/Door and Hardware Replacement and Repair Services

Clovis Municipal Schools 500 E. Llano Estacado

PO Box 19000 Clovis, NM 88102-9000

E. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations: 1. “Authorized Purchaser” means an individual authorized by a Participating Entity to place

orders against this contract.

2. “Award” means the final execution of the contract document.

3. “Business Hours” means 7:30 AM thru 4:30 PM MST/MDT, whichever is in effect on the date given.

4. “Close of Business” means 4:30 PM Mountain Standard or Daylight Time, whichever is in

use at that time.

5. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act §§57-3-A-1 through 57-3A-7, NMSA 1978, See also NMAC 1.4.1.45. The following items may not be labelled as confidential: Offeror’s submitted Cost response, Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

6. “Contract” means any agreement for the procurement of items of tangible personal

property, services or construction.

7. “Contractor” means a written business having a contract with a state agency or local public body.


8. “Determination” means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

9. “Desirable” – the terms “may,” “can,” “should,” “preferably,” or “prefers” identify a

desirable or discretionary item or factor.

10. “District” and/or “CMS” means the Clovis Municipal School District.

11. “Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (CD) or USB flash drive. The electronic version/copy can NOT be emailed.

12. “Evaluation Committee” means a body appointed to perform the evaluation of Offeror’s

proposals.

13. “Evaluation Committee Report” means a report prepared by the Chief Procurement Officer and the Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

14. “Final Award” means, in the context of this Request for Proposals and all its attendant

documents, that point at which the final required signature on the contract(s) resulting from the procurement has been affixed to the contract(s) thus making it fully executed.

15. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

16. “Mandatory” – the terms “must,” “shall” “will,” “is required,” or “are required,” identify a

mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offeror’s proposal.

17. “Minor Irregularities” means anything in the proposal that does not affect the price,

quality and/or quantity, or any other mandatory requirement.

18. “Multiple Source Award” means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror.

19. “Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

20. “Price Agreement” means a definite quantity contract or indefinite quantity contract which

requires the contractor to furnish items of tangible personal property, services or


construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

21. “Procurement Manager” means any person or designee authorized by a state agency or

local public body to enter into or administer contracts and make written determinations with respect thereto.

22. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions,

political subdivisions and local public bodies allowed by law to entertain procurements.

23. “Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7, NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

24. “Request for Proposals (RFP)” means all documents, including those attached or

incorporated by reference, used for soliciting proposals.

25. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

26. “Responsive Offer” or means an offer which conforms in all material respects to the

requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.

27. “Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a

package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The State reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Chief Procurement Officer in such cases.

28. “Staff” means any individual who is a full-time, part-time, or an independently contracted

employee with the Offeror’s company.

29. “Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur,” “Understands and Complies,” “Comply,” “Will Comply if Applicable,” etc.)


30. “Unredacted” means a version/copy of the proposal containing all complete information; including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

31. “Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible

for charts, spreadsheets, etc. F. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by entering the link below into the browser on a computer. The library contains information listed below:

Electronic version RFP Documents, Questions and Answers, Amendments, etc.: http://www.clovis-schools.org/contracting/bids.html

Procurement Regulations: http://www.generalservices.state.nm.us/statepurchasing/resourcesandinformation.aspx#ProcurementCodeRegulationsExecutiveOrders

http://www.clovis-schools.org/contracting/bids.html

http://www.generalservices.state.nm.us/statepurchasing/resourcesandinformation.aspx#ProcurementCodeRegulationsExecutiveOrders

http://www.generalservices.state.nm.us/statepurchasing/resourcesandinformation.aspx#ProcurementCodeRegulationsExecutiveOrders


II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

A. SEQUENCE OF EVENTS The Chief Procurement Officer will make every effort to adhere to the following schedule:

Action Responsible Party Due Dates

1. Issue RFP District March 14, 2021 2. Pre-Proposal Conference District Virtually Via

Zoom March 30, 2021 at 10:00 a.m.

3. Distribution List Response Form

Potential Offers March 30, 2021 at 4:30 p.m.

4. Deadline to submit Questions

Potential Offerors April 6, 2021 at 4:30 p.m.

5. Response to Written Questions/Final Addenda

Chief Procurement Officer

April 8, 2020 at 4:30 p.m.

6. Submission of Proposal Potential Offerors April 22, 2021 at 2:00 p.m. 7. *Proposal Evaluation Evaluation Committee April 29, 2021 8. *Selection of Finalists Evaluation Committee April 29, 2021 9. *Oral Presentation(s) Finalist Offerors-

Virtually May 6, 2021

10. *Recommendation to the Board of Education

Chief Procurement Officer

May 25, 2021

11. *Issue Notice of Award Chief Procurement Officer

May 26, 2021

12. *Contract Awards District/Finalist Offerors

May 27, 2021

13. *Protest Deadline Offerors June 11, 2021 *Dates indicated in Events 7 through 13 are estimates only, and may be subject to change without necessitating an amendment to the RFP.

B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the Sequence of Events shown in Section II.A., above.

1. Issuance of RFP This RFP is being issued on behalf of the Clovis Municipal School District on the dated indicated in Section II.A, Sequence of Events.

2. Distribution List Response Form Potential Offerors may hand deliver, email, or send by registered or certified mail the “Distribution List Response Form", (APPENDIX A), to the Chief Procurement Officer, [email protected], to have their organization placed on the procurement distribution list. The form must be signed by an authorized representative of the

mailto:[email protected]


organization, dated and returned to the Chief Procurement Officer on the date and time as indicated in Section II.A, the Sequence of Events. The Distribution List Response form will be used for the distribution of written responses to questions and/or any amendments to the RFP. Failure to return the Distribution List Response form does not prohibit potential Offerors from submitting a proposal to this RFP. However, by not returning the Distribution List Response Form, the potential Offeror’s representative shall not be included on the distribution list, and will be solely responsible for obtaining from the Procurement Library (Section I.F.) response to written questions and any amendments to the RFP.

3. Pre-Proposal Conference A pre-proposal conference will be held as indicated in Section II.A, Sequence of Events, beginning at 10:00 am MST/MDT via Zoom. Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Chief Procurement Officer. The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All questions answered during the Pre-Proposal Conference will be considered unofficial until they are posted in writing. All written questions will be addressed in writing on the date listed in Section II.A, Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference. Attendance at the pre-proposal conference is highly recommended, but not a prerequisite for submission of a proposal.

4. Deadline to Submit Written Questions Potential Offerors may submit written questions to the Chief Procurement Officer as to the intent or clarity of this RFP until April 6, 2021 at 4:30 p.m. MST/MDT as indicated in the sequence of events. All written questions must be addressed to the Chief Procurement Officer as declared in Section I.C. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

5. Response to Written Questions Written responses to written questions will be provided via e-mail, on or before the dated indicated in Section II. A, Sequence of Events, to all potential Offerors who timely submitted a Distribution List Response Form. An electronic version of the Questions and Answers will be posted to: http://www.clovis-schools.org/contracting/bids.html

6. Deadline for Final Addenda Issuance of the final addenda shall be provided by the District as indicated in the Sequence of Events. The Clovis Municipals Schools accepts no responsibility for a prospective Offeror not receiving solicitation documents and/or revision to the solicitations. It is the responsibility of the Offeror to monitor the Clovis Municipal Schools website to obtain RFP addenda or other information relating to the RFP. The website is: http://www.clovis-schools.org.


http://www.clovis-schools.org/


7. Submission of Proposal ALL OFFERER PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF PROCUREMENT OFFICER OR DESIGNEE NO LATER THAN 1:00 P.M. MST/MDT ON APRIL 22, 2021 AS INDICATED IN THE SEQUENCE OF EVENTS. PROPOSALS RECEIVED AFTER THIS DEADLINE WILL NOT BE ACCEPTED. The date and time of receipt will be recorded on each proposal. If an Offeror decides to use a third-party delivery entity to submit its proposal, it is still the responsibility of the Offeror to ensure that the delivers its made on time. An Offeror should take into account all factors regarding the delivery by the third part entity and ensure that the delivery is made prior to the stated deadline. Weather delays, traffic jams, delivers to the incorrect address nor any other reason for a delay will be accepted for failure to make the stated deadline. Proposals must be addressed and delivered to the Chief Procurement Officer at the address listed in Section I.D. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the RFP 2021-210 Glass/Windows/Door and Hardware Replacement & Repair Services.

Proposals submitted by facsimile, or other electronic means will not be accepted. Proposals shall not be opened publicly but shall be opened in the presence of the Chief Procurement Officer and a witness. A log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. Awarded in this context means the final required signature on the contract(s) resulting from the procurement has been obtained.

8. Proposal Evaluation An evaluation committee will perform the evaluation of proposals. This process will take place as indicated in the sequence of events. During this time, the Chief Procurement Officer may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

9. Selection of Finalists The Evaluation Committee will select and the Chief Procurement Officer will notify the finalist Offerors as per the sequence of events or as soon as possible. A schedule for the presentations and demonstration will be determined at this time. Finalists will be comprised of the three to five Offerors (depending on how many proposals are received) that received the highest cumulative scores from the Technical Proposal evaluations.

An evaluation committee will perform the evaluation of proposals. This process will take place as indicated in the sequence of events. During this time, the Chief Procurement


Officer may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

10. Oral Presentations Finalist Offerors, as selected per Section II.B.9 above, may be required to conduct an oral presentation at a location to be determined as per schedule Section II.A., Sequence of Events, or as soon as possible thereafter. Whether or not Oral Presentations will be held is at the discretion of the Evaluation Committee and Chief Procurement Officer.

11. Issue Recommendation of Award to Board of Education The Chief Procurement Officer shall prepare the Notice of Intent to Award a contract to the highest ranked short-listed Offeror after oral presentations (if held). The Chief Procurement Officer shall prepare a procurement report and a recommendation to the board for award of the RFP. Upon Board of Education approval, the Chief Procurement Officer shall prepare the Notice to Award the contract to the board approved Offeror.

12. Finalize Contractual Agreements / Contract Awards After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFP, as per Section II.A., Sequence of Events, or as soon as possible thereafter. The most advantageous proposal may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the timeframe specified, the District reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process. Upon receipt of the signed contractual agreement, the District Procurement office will award as per Section II.A., Sequence of Events, or as soon as possible thereafter. The award is subject to the appropriate approval process.

13. Protest Deadline Any protest by an Offeror must be timely submitted and in conformance with §13-1-172, NMSA 1978 and applicable procurement regulations. ONLY protests delivered directly to the Chief Procurement Officer in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15 calendar day protest period shall begin on the day following the notice of award of contract(s) and will end at 5:00 pm MST/MDT on the 15th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below.


The protest must be delivered to: Clovis Municipal Schools

Carlos Molina, Chief Procurement Officer 1009 N Main

PO Box 19000 Clovis, NM 88102-9000

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

C. GENERAL REQUIREMENTS 1. Acceptance of Conditions Governing the Procurement

Potential Offerors must indicate their acceptance of these Conditions Governing the Procurement, Section II.C, by completing and signing the Letter of Transmittal form, pursuant to the requirements in Section II.C.43, located in APPENDIX B.

2. Incurring Cost Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with the district which may derive from this RFP. The District entering into a contractual agreement with a vendor will make payments to only the prime contractor.

4. Subcontractors The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subcontractor is used during the term of this agreement.

5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. District personnel will not merge, collate, or assemble proposal materials.

6. Offeror’s Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the Chief Procurement Officer and signed by the Offeror’s duly authorized representative.


The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations, 1.4.1.5 & 1.4.1.36 NMAC.

7. Proposal Offer Firm Responses to this RFP, including proposal prices for services, will be considered firm for sixty (60) days after the due date for the receipt of proposals, if the Offeror is invited or required to submit one.

8. Disclosure of Proposal Contents The contents of all submitted proposals will be kept confidential until the final award has been completed by the District. At that time, all proposals and documents pertaining to the proposals will be available for public inspection, except for proprietary or confidential material as follows:

a. Proprietary and Confidential information is restricted to: 1. confidential financial information concerning the Offeror’s organization; and 2. information that qualifies as a trade secret in accordance with the Uniform

Trade Secrets Act, §§57-3A-1 through 57-3A-7, NMSA 1978. b. An additional but separate redacted version of Offeror’s proposal, as outlined and

identified in Sections III.B.1.a.i and III.B.2.a.i, shall be submitted containing the blacked-out proprietary or confidential information, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal.

IMPORTANT: The price of products offered or the cost of services proposed SHALL NOT be designated as proprietary or confidential information. If a request is received for disclosure of proprietary or confidential materials, the District shall examine the 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 proprietary or confidential information.

9. No Obligation This RFP in no manner obligates Clovis Municipal Schools to the use of any Offeror’s services until a valid written contract and or a valid Purchase Order is awarded and approved by appropriate authorities.

10. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the District determines such action to be in the best interest of the Clovis Municipal School District. Either party may terminate this contract as follows:

A. Termination by the contractor 1. The contractor may terminate this contract only if Clovis Municipal School

District fails to comply with any provisions of this contract and after receiving notice of the noncompliance the district fails to cure the noncompliance within


ten (10) days, or 2. By written mutual agreement between the contractor and the district.

B. Termination by the district A. For Cause

i. The occurrence of either one of the following events will justify termination for cause: a. Contractor’s persistent failure to perform the work in accordance with

the contract documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment).

b. Contractor’s violation in any substantial way of any provisions of this contract.

ii. If either one of the events identified above occur, the district may, after giving contractor (and the surety, if any) ten (10) days written notice, terminate the service of contractor, exclude contractor from site, and take possession of the work. Contractor shall be paid for project costs incurred up to the date of termination but shall not be paid for loss of profits resulting from such termination.

ii. Where contractor’s services have been so terminated by the district, the termination will not affect any rights or remedies of district against contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the contractor by the district will not release the contractor from liability.

C. For Convenience i. Upon ten (10) days written notice to contractor, CMS may without cause and

without prejudice to any other right or remedy of CMS elect to terminate the contract.

ii. In such case, contractor shall be paid (without duplication of any Items): a. for completed and acceptable work executed in accordance with the

contract documents prior to the effective date of termination, b. for expenses sustained prior to the effective date of termination in

performing services and furnishing labor, materials or equipment as required by the contract document in connection with uncompleted work.

D. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

11. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be effected by sending written notice to the contractor. The District’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review The District requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Chief Procurement Officer.


13. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal Only information supplied in writing by the Chief Procurement Officer or contained in this RFP shall be used as the basis for the preparation of Offeror proposals.

15. Contract Terms and Conditions The contract between the District and a contractor will follow the format specified by the District and contain the terms and conditions set forth in the RFP. However, the contracting District reserves the right to negotiate provisions in addition to those contained in this RFP with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract. The District discourages exceptions from the contract terms and conditions as set forth in the RFP. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the District (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct. Should an Offeror object to any of the terms and conditions as set forth in the RFP strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The District may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the are not acceptable to the District and will result in disqualification of the Offeror’s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

16. Offeror’s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency.

17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP


process prior to selection as successful Offeror), will be discussed only between the District and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a Responsive Offer as defined in §13-1-83 and §13-1-85, NMSA 1978.

19. Clarifications from Offerors The Chief Procurement Officer may, at the request of the Evaluation Committee, request clarifications on information submitted by any and all Offerors.

20. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities, as defined in Section I.E.17. The Evaluation Committee also reserves the right to waive mandatory requirements, provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee and/or CPO.

21. Change in Contractor Representatives The District reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.

22. Assignment It is mutually understood and agreed that the success Offeror shall not assign, transfer, convey, sublet or otherwise dispose of the purchase order, contract, or his/her right, title of interest therein, or power to execute such purchase order or contract to any other person, company or corporation without the previous written consent of Clovis Municipal Schools.

23. Notice of Penalties The Procurement Code, §13-1-28 through 13-1-199, NMSA 1978, imposes civil, and misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

24. District Rights The District in agreement with the Evaluation Committee reserves the right to the following when it is most advantageous or in the best interest of the District:

a. accept and/or reject all or a portion of a potential Offeror’s proposal; b. cancel the RFP in accordance with NMSA 1978, 13-1-131; c. accept and/or reject any sole response received d. multi-award contracts in accordance with 13-1-153 NMSA;


e. negotiate with any or all Offerors who submit proposals determined to be acceptable or potentially acceptable, but is not required to do so;

f. procure the services/goods as a sole purchase.

25. Brand Name/Equal Specifications Where a brand name or equal specifications is used in a solicitation, the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desires and is not intended to limit or restrict competition. If an Offeror proposed an “equal” to scope of work/specifications, Clovis Municipal Schools is the sole interpreter of the scope of work/specifications and sole judge as to whether the “equal” proposed complies with the scope of work/specifications.

26. Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the district written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or district contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

27. Ownership of Proposals All documents submitted in response to the RFP shall become property of the Clovis Municipal Schools District. If the RFP is cancelled, all responses received shall be destroyed by the District unless the Offeror either picks up, or arranges for pick-up, the materials within three (3) business days of notification of the cancellation. Offeror is responsible for all costs involved in return mailing/shipping of proposals.

28. Ambiguity, Inconsistency or Errors in the RFP Offerors shall promptly notify the Chief Procurement Officer, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the RFP.

29. Competition By submitting a proposal, Offeror certifies that they have not, either directly or indirectly entered into any action in restraint of full competition in connection with the proposal submitted to Clovis Municipal Schools.

30. Indemnification The Offeror shall be responsible for damage of persons or property that occurs as a result of Offeror’s fault or negligence, or that of any of his/her employees, agents or subcontractors. The Offeror shall save and hold harmless the staff of and the Clovis Municipal School District against any and all lost, cost, damage, claims, expense or liability in connection with the performance of the contract. Any equipment or facilities damaged by the contractor operation shall be repaired and /or restored to their original condition at the contractor’s expense.


31. Insurance (if applicable) The successful Offeror shall purchase and maintain statutory limits of Worker's Compensation, and Public Liability and Automobile Liability insurance approved by CMS at the time of contract award. The Clovis Municipal School District shall be included as a loss payee and/or additional insured. Public Liability and Automobile Liability insurance shall include at least the following coverage:

Professional Liability $1,000,000/occurrence Commercial General Liability: General Aggregate Products/Completed Operations Personal and Advertising Injury Each Occurrence

$2,000,000 $1,000,000 $1,000,000 $1,000,000

Automobile Liability: Combine Single Limit $500,000 Worker’ Compensation Statutory Employer’s Liability: Each Occurrence Disease – Policy Limit Disease – Each Employee

$500,000 $500,000 $500,000

Contractor shall furnish Owner with certificates of insurance with the contract documents and prior to the commencement of work. Contactor agrees to hold harmless and indemnify the school for liability arising out of the negligent activities of the Contractor.

NOTE: Certificate holder shall be: Board of Education Clovis Municipal School District Certificate of Insurance shall be forwarded to: Clovis Municipal School District

c/o Executive Assistant - Operations P.O. Box 19000 Clovis, New Mexico 88102

32. Licensing Requirements The Offeror shall comply with all licensing regulations and shall provide copies of all valid licenses necessary to perform the work in the State of New Mexico.

33. Confidentiality Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the District.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring District's written permission.


34. Records Retention The successful Offeror will be required to retain project records for a minimum of three (3) years after the completion of the work. Offeror agrees that any duly authorized representative of the school district shall have access to any books, documents, papers, and records of the contraction with are directly pertinent to all negotiated contracts.

35. Electronic mail address required A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.5, Response to Written Questions).

36. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the District, the Offeror acknowledges that the version maintained by the District shall govern. Please refer to: http://www.clovis-schools.org/contracting/bids.html.

37. Audit The district reserves the right to audit the contractor’s records associated with this contract at any time during the contract period and for a period of up to three years following the expiration or termination of the agreement. Such audit may be conducted by district personnel or a third party under contract with the district. The district shall give the contractor reasonable notice prior to the conduct of any audit and upon receiving the notice from the district the contractor agrees to fully cooperate with the auditors. If contractor subcontracts any portion of its obligation to another party, contractor shall guarantee the district’s access to books and records of such party.

38. Independent Contractor The contractor is an independent contractor performing services for the district. The contractor shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the district as a result of this procurement.

39. Procurement Under Existing Contracts In accordance with NMSA 13-1-129, Offerors are hereby notified that other governmental entities within the State of New Mexico, or as otherwise allowed by their respective governing directives, may contract for services with the awarded proposer. Contractual engagements accomplished under this provision shall be solely between the awarded proposer and the contracting entity with no obligation by the Clovis Municipal School District.

40. Equal Employment Opportunity Clovis Municipal Schools is an Equal Opportunity Employer (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.



Clovis Municipal Schools is also in accordance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Vocational Rehabilitation Act, Americans with Disabilities Act, and other federal and state laws and executive orders affective employment and equal opportunity. The Clovis Municipal School District does not discriminate on the basis of race, color, national origin, sex, age or disability in its programs and activities. The following person has been designated to handle inquiries regarding the nondiscrimination policies: Superintendent Deputy of Employee Services, Clovis Municipal School District, 1009 N. Main Street, P.O. Box 19000, Clovis, NM 88102-9000. Phone 575-769-4322.

41. New Mexico Employees Health Coverage A. If the Offeror has, or grows to, six (6) or more employees who work, or who are

expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Offeror must agree to maintain a record of the number of employees who have (a)

accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information https://bewellnm.com.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

42. Debarment/Suspension

Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of 13-1-177 through 13-1- 180, and 13-4-11 through 13-4-17 NMSA 1978 as amended, shall not be permitted to do business with the

https://bewellnm.com/


district and shall not be considered for award of the contract during the period for which it is debarred or suspended with the district.

43. Conflict of Interest By submitting a proposal, the proposer certifies that he/she has not, either directly or indirectly, entered into action in restraint of full competition in connection with the proposal submitted to the district. The proposer also certifies no relationship exists between the proposer and the district that interferes with fair competition or is a conflict of interest; and no relationship exists between proposer and another person or firm that constitutes a conflict of interest that is disadvantageous to the district.

44. Non-Collusion The proposer certifies that he/she has not either directly or indirectly entered into action in restraint of free, competitive submission of a proposal in connection with this RFP.

45. Non-Disclosure The proposer shall not disclose any information relating to students, and employees of CMS other than such information that may be authorized by the individual student or employee. Vendor agrees to indemnify and hold harmless CMS from any damages, claims, liabilities, and costs including reasonable attorney fees in the event any unauthorized relation of such information occurs.

46. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of School Board President, Vice President, or other identified official. Failure to complete and return the signed unaltered form will result in disqualification.

47. Letter of Transmittal Offeror’s proposal must be accompanied by an unaltered Letter of Transmittal Form (APPENDIX B), which must be completed and signed by the individual authorized to contractually obligate the company. DO NOT LEAVE ANY OF THE ITEMS ON THE FORM BLANK. Failure to respond to ALL items as indicated above, will result in Offeror’s disqualification.

48. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a contract greater

than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company: 1. is presently debarred, suspended, proposed for debarment, or declared ineligible for

award of contract by any federal entity, state agency or local public body;


2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for: a. the commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

b. violation of Federal or state antitrust statutes related to the submission of offers; or

c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

3. is presently indicted for, or otherwise criminally or civilly charged by any (federal

state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

c. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner,

or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the State Purchasing Agent or

other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a


system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which

reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.

49. New Mexico Preferences To ensure adequate consideration and application of §13-1-21, NMSA 1978 (as amended), Offerors must include a copy of their preference certificate with their proposal. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

a. New Mexico Business Preference (5%)

A copy of the certification must accompany Offeror’s proposal.

b. New Mexico Resident Veterans Business Preference (10%) A copy of the certification must accompany Offeror’s proposal.

An agency shall not award a business both a resident business preference and a resident veteran business preference.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx


III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES Offerors shall submit only one proposal in response to this RFP.

B. NUMBER OF COPIES

1. Hard Copy Responses Offeror’s proposals must be clearly labeled and numbered and indexed as outlined in Section III.C. Proposal Format. Proposals must be submitted in the manner outlined below, and sealed according to the definition provided in Section I.F.31. Each ORIGINAL binder (Technical and Cost) shall be clearly marked as “ORIGINAL” on the front of the binder. The additional HARD COPIES (if any) must each be submitted in separate binders, and must be clearly identified as “COPY” on the front cover. Technical and Cost portions of Offerors proposal must be submitted in separate binders as indicated below in this section, and must be prominently identified as “Technical Binder,” or “Cost Binder,” on each front cover. Envelopes, packages or boxes containing the original and the copies must be clearly labeled and submitted in a sealed envelope, package or box according to the information provided in Section I.E. It is not necessary to segregate Technical Binders from Cost Binders, if they are submitted within the same sealed envelope, package or box, as long as the Technical Binders and Cost Binders are each submitted in separate binders. Offerors must deliver:

a) Technical Proposals – One (1) ORIGINAL, three (3) HARD COPIES, and one (1) ELECTRONIC copy of the proposal containing ONLY the Technical Proposal; ORIGINAL and all HARD COPIES of the Technical Proposal shall be in separate labeled binders. The electronic copy MUST be submitted as a USB and CANNOT be emailed. The Technical Proposals SHALL NOT contain any cost information.

i.Confidential Information: If Offeror’s proposal contains confidential information, as

defined in Section I.E.5 and detailed in Section II.C.29, Offeror must submit: • all of the requisite proposals identified in Section III.B.1. an above as

unredacted versions for evaluation purposes; AND • ONE (1) additional redacted HARD COPY version and ONE (1) additional

redacted electronic version for the public file, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal. Redacted versions must be clearly marked as “REDACTED” or “CONFIDENTIAL” on the front cover of the hard-copy binder and on the first page of the electronic file.;

b) Cost Proposals – One (1) ORIGINAL and one (1) ELECTRONIC copy of the proposal

containing ONLY the Cost Proposal; ORIGINAL HARD Copy of the Cost Proposal shall be in separate labeled binders from the Technical Proposals. The electronic copy MUST be submitted as a USB and CANNOT be emailed.


The electronic version/copy of the proposal must mirror the physical binders submitted (i.e. One (1) unredacted USB, one (1) redacted USB). The electronic version can NOT be emailed.

The ORIGINAL, HARD COPIES and ELECTRONIC copy information must be identical. In the event of a conflict between versions of the submitted proposal, the ORIGINAL shall govern. Any proposal that does not adhere to the requirements of this Section and Section III.C.1 Proposal Content and Organization, may be deemed non-responsive and rejected on that basis.

C. PROPOSAL FORMAT All proposals must be submitted as follows: Hard copies must be typewritten on standard 8 ½ x 11-inch paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within binders with tabs delineating each section.

1. Proposal Content and Organization Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked. Promotional material must be minimal. The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated. Technical Proposal (Binder 1) – DO NOT INCLUDE ANY COST INFORMATION IN THE TECHNICAL PROPOSAL.

A. Table of Contents B. Signed Letter of Transmittal C. Signed Campaign Contribution Form D. Proposal Summary (Optional) E. Response to Agency Terms and Conditions F. Offeror’s Additional Terms and Conditions G. Response to Specifications (except Cost information which shall be included

ONLY in Cost Proposal/Binder 2) 1. Organizational Experience/Qualifications 2. Capacity and Capability 3. Organizational References 4. Services 5. Mandatory Requirements 6. Signed Distribution List Response Form 7. Signed Conflict of Interest and Debarment/Suspension Certification Form 8. Signed Non-Collusion Affidavit Form 9. Copy of Proof of Insurance/ Required Licenses 10. Copy of valid Resident Preference/Veteran’s Preference Certificate

H. Other Supporting Material (if applicable)

Cost Proposal (Binder 2): 1. Completed Cost Response Form 2. Certificate of Liability 3. Vendor Information Form and W-9


Within each section of the proposal, Offerors should address the items in the order indicated above. All forms provided in this RFP must be thoroughly completed and included in the appropriate section of the proposal. Any and all discussion of proposed costs, rates or expenses must occur ONLY in Binder 2. A Proposal Summary may be included in Offeror’s Technical Proposal (Binder 1), to provide the Evaluation Committee with an overview of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal. DO NOT INCLUDE COST INFORMATION IN THE PROPOSAL SUMMARY.


IV. SPECIFICATIONS The scope of work shall encompass the requirements outlined in this RFP. The District may add to or delete from the Scope of Work set forth in this RFP. Minor devastations to the specifications as listed, may be considered.

A. SCOPE OF WORK The Clovis Municipal School District seeks an independent contractor or firm who can provide Glass/Window/Door & Hardware Replacement and Repair Services to Clovis Municipal Schools on an as-needed basis. 1. Response Time & Reporting Requirements

The contractor agrees to have a qualified glass installer report to CMS within one (1) hour of receipt of notification, unless such deadline is extended by the proper CMS facilities official.

Regular CMS Working Hours: between the hours of 7:30 a.m. and 4:30 p.m. Monday through Friday.

NOTE: The contractor should be sensitive to the progress of classes and activities, and the need to minimize noisy or otherwise disruptive activities during these times. All work must be scheduled and coordinated by CMS prior to being performed.

Emergency repairs: after regular business hours or on weekends and CMS holidays. When reporting to CMS after regular business hours, the contractor is to report to and coordinate access into buildings through the proper CMS Official.

2. Responsibilities of Contractor

The contractor shall perform site visits and submit cost proposals to the designated District official.

The contractor shall perform work only as authorized by the CMS Official. CMS shall not be responsible for any unauthorized work.

The contractor shall notify the designated CMS official (preferably the official who authorized the work) when the work has been completed. When practicable, the contractor shall review the work performed with the CMS Official on site. In any case, where review is not possible, the contractor shall make such review at the request of CMS within 48 hours.

All materials supplied to CMS under this agreement shall be institutional, industrial and/or commercial grade materials, whichever is better quality, in accordance with the standards of the industry for institutional and/or industrial construction and maintenance.

Inventories of glass, frames and hardware as identified in the Price Sheet are required by CMS due to the potential volume of repairs, renovations, installation and maintenance work performed. The contractor shall stock and/or have available inventory and an


adequate variety of materials for glass, window, door and hardware replacement and/or repairs, renovations and maintenance.

The contractor shall at all times during the progress of the work keep the premises and the job site free from accumulations of all refuse, rubbish, scrap materials and debris caused by his operations; to the end that at all times the premises and site shall present a safe, neat, orderly and workmanlike appearance. This is to be accomplished by the removal of such material, debris, etc. from the site and the school premises as frequently as is necessary. Loading, cartage, hauling and dumping will be at the contractor's expense. However, contractor may request permission from CMS to use the District's containers in an emergency.

At the completion of any work, the contractor shall immediately remove all his tools and equipment from the job site and leave all work areas in a clean condition.

If the contractor fails to promptly and properly fulfill the obligations required to maintain a safe, neat and orderly site and final clean up, CMS shall have the right to employ another firm to perform the clean-up, and to charge the cost thereof to the contractor.

The contractor shall have the right of access to those areas of the CMS facilities designated as work areas.

If due to the fault or negligence of the contractor, their agents or employees, any CMS property, equipment, stock or supplies that are lost or damaged during the performance of this contract, the contractor shall be responsible for such loss. CMS, at its option, may either require the contractor to replace the damaged property or to reimburse CMS for the replacement value.

Work performed under this contract must comply with all applicable OSHA standards.

The contractor shall supervise, direct the work and be solely responsible for all installation techniques, sequences, and procedures and for coordinating all portions of the work under this contract to the satisfaction of the designated CMS representative.

All contractor personnel must observe all regulations in effect at CMS. While on CMS property, employees shall be subject to control of CMS, but under no circumstances shall such persons be deemed to be employees of CMS. Personnel must be identified as contractor's employees either by wearing company labeled apparel and/or visible identification cards. All contractor employees must sign in before beginning work at all facilities during regular school hours.

The contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall be responsible for all behavior and activities of all its employees at all times during the performance of the work of this contract.


B. TECHNICAL SPECIFICATIONS 1. Organizational Experience/Qualifications (25 Points)

Offeror must: a) Indicate your company's qualifications to provide the service requested. Include the

following information: b) Name, Address, and Phone number of legal entity with whom the contract would be

written and all trade names/assumed names used. c) Organizational structure under which the proposer's business shall be operated (e.g.

corporation, partnership, limited partnership, trust, sole proprietor, etc.) d) Name, title, address, telephone number of each of the proposer's principal officers

(President, Vice President, Chairperson of the Board of Directors, etc.) and each owner of five percent or more of the equity interest in the proposer.

e) (Federal Employer ID and, if applicable New Mexico Department of Revenue Tax Registration, New Mexico Corporate Registration, proof of automotive liability and for professional liability up to the limits of the Torts Claims Act and Unemployment Compensation Insurance.

f) provide a detailed description of relevant corporate experience with school districts. The experience of all proposed subcontractors must be described. The narrative must thoroughly describe how the Offeror has supplied expertise for similar contracts and must include the extent of their experience, expertise and knowledge.

2. Capacity and Capability (30 Points) Offeror must: a) Provide a brief description of the capacity and capability of firm, including any

consultants, their representatives, qualifications and locations, to perform the work, including specialized services, within the time limitations.

b) Describe your firm’s approach to providing & managing the required services as identified in this RFP.

c) Provide information that demonstrates your firms’ capacity and capability to provide work of the nature and scope of the RFP project.

d) Identify any specialized services you feel may be required to complete performance of the proposed scope and describe how your firm proposes to meet those identified needs.

e) Outline and completely describe your firms’ commitment and guarantee for successfully delivering the tasks listed in this RFP

3. Organizational References (15 Points) Offeror must provide a list of a minimum of three (3) references from similar projects/programs performed for public school districts, private, state or large local government clients within the last three (3) years. Offeror shall include the following Business Reference information as part of its proposals:

a. Name of reference; b. Project description; c. Project dates (starting and ending); d. Client project manager name, telephone number, fax number and e-mail address.

4. Services (35 Points) Offerors must indicate the services that your company will provide to the district. Include


the following information: a) Normal business hours. Response time. b) Provide names, Title and Service provided by each employee. Provide years of

experience of each employee listed. c) Indicate services that will be available with your company as it relates to work

associated with Glass/Window/Door & Hardware Repair & Replacement. d) Other. Provide any additional information about the services that your company will

provide to the district.

C. MANDATORY REQUIREMENTS The individuals/company shall be fully qualified and licensed to provide services requested.

1. Letter of Transmittal Form (Pass/Fail) The Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX B. The form must be completed and must be signed by the person authorized to obligate the company. Failure to respond to ALL items, as indicated in Section II.C.52 and APPENDIX B, and to return a signed, unaltered form will result in Offeror’s disqualification.

2. Campaign Contribution Disclosure Form (Pass/Fail) The Offeror must complete an unaltered Campaign Contribution Disclosure Form and submit a signed copy with the Offeror’s proposal. This must be accomplished whether or not an applicable contribution has been made. (See APPENDIX D). Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

3. Conflict of Interest and Debarment/Suspension Certification Form (Pass/Fail) The Offeror must complete an unaltered Conflict of Interest and Debarment/Suspension Form and submit a signed copy with the Offeror’s proposal. (See APPENDIX C). Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification

4. Non-Collusion Affidavit Form (Pass/Fail) The Offeror must complete an unaltered Conflict of Interest and Debarment/Suspension Form and submit a signed copy with the Offeror’s proposal. (See APPENDIX E). Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification

5. Cost (45 Points) Offeror must complete and submit the Cost Proposal Form providing proposed annual contract cost for accomplishing the scope of work. Price must be a fixed dollar. State gross receipts and local option taxes (if any) shall not be included in the proposed cost. Such taxes shall be shown as separate items. Contract extensions, if exercised, shall be at the same annual cost as proposed by the Offeror.


Cost will be measured using the following formula: Lowest Responsive Offer Proposal

-------------------------------------- X Available Award Points This Offeror’s Proposal

6. Resident Business or Resident Veterans Preference (5% or 10%) To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors MUST include a copy, in this section, of its NM Resident preference certificate, as issued by the New Mexico Taxation and Revenue Department.

D. CONTRACT MANAGER This contract will be administered and supervised by the Deputy Director of Operations and/or his designee.


V. EVALUATION

EVALUATION POINT SUMMARY The services being sought under this RFP are considered to be professional in nature. Consequently, the evaluation of the submittals shall be based upon consideration of the demonstrated qualifications and capabilities of the qualified firms, which shall result in an award that is in the best interest of CMS. Submittals will be evaluated on a combination of factors. They include, but are not limited to the following criteria listed below. The proposal package will be evaluated based on the responsiveness to the criteria described below with those criteria’s values weighted as follows: Category Maximum Score Technical Proposal Organizational Experience/Qualifications 25 Points Capacity and Capability 30 Points Organizational Reference 15 Points Services 35 Points Signed Letter of Transmittal Pass / Fail Signed Campaign Contribution Form Pass / Fail Signed Conflict of Interest and Debarment/Suspension Certification Form

Pass / Fail

Signed Non-Collusion Affidavit Form Pass / Fail Total Technical Proposal 100 Points Oral Presentation (If held) 50 Points Price Proposal 45 Points Resident Preference 5% from Price Resident Veterans Preference 10% from Price TOTAL 200 Points Note: FAILURE to adequately address and meet the above requirements may be cause for the proposal to be deemed non-responsive by the Chief Procurement Officer.

A. EVALUATION PROCESS 1. Initial Review

All Offeror proposals will be reviewed for compliance with the requirements and specifications stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration.

2. Clarifications

The Chief Procurement Officer may contact the Offeror for clarification of the response as specified in this RFP.

3. Other Information Sources

The Evaluation Committee may use other sources of information to perform the evaluation.


4. Scoring and Contract Award Recommendation Responsive proposals will be evaluated and assigned a point value based on the factors. The responsible Offerors with the highest scores will be selected as finalist Offerors, based upon the proposals submitted. The responsible Offerors whose proposals are most advantageous to the District taking into consideration the evaluation factors will be recommended for award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

5. All calculations of point standings, including any addition or deduction of points to Offeror

submittals shall occur at a meeting of the Evaluation Committee, with all members in attendance.

6. Individual scores and rankings by each committee member shall be confidential. Ties in

ranking by individual committee members and by collective committee rankings shall be scored using the sum of the ranking places, divided by the number of firms in a tie. The following is an example of scoring for a tie at first:

a. Scoring Numerical Ranking b. Firm A Tie (1st + 2nd)/2=1.5 c. Firm B Tie (1st + 2nd)/2=1.5 d. Firm C Third =3

7. A tie for first, at the end of the final rankings after completion of evaluation of proposals

shall be broken by a separate ranking by the committee members, only ranking the firms involved in a tie. If a tie still exists after ranking only the tied firms, the tie shall be broken by the chairman of the Evaluation Committee or Chief Procurement Officer.

8. The Chief Procurement Officer shall notify all finalists in writing of the final results of the

interviews, if held, and the overall selection process. *NOTE: Please read all of the RFP documents carefully for mandatory requirements.

B. METHOD OF AWARD Clovis Municipals Schools intends to award this Project to the highest ranked Offeror in accordance with the Request for Proposal. Clovis Municipal Schools reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Offeror whose proposal it deems to be in the best interest of Clovis Municipal Schools. The contract shall be awarded to the Offeror or Offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points.


VI. PRICE PROPOSAL FORM

RFP 2021-210 Glass/Window/Door and Hardware Replacement & Repair Services

1. The undersigned Offeror proposes and agrees, if this proposal is accepted, to enter into an

agreement with the Owner in the form included in the RFP Documents to perform and furnish all Work as specified or indicated in the RFP Documents for the Contract Price and within the Contract Time indicated in this proposal and in accordance with the other terms and conditions of the Contract Documents.

2. The Offeror accepts all of the terms and conditions of the Request for Proposals and

Instructions to Offerors, including without limitation those dealing with the disposition of proposal security and other Proposal Documents. This Proposal will remain subject to acceptance for sixty (60) days after the day of Proposal opening. The Offeror shall sign and submit the Agreement between Owner and Contractor and other documents required by the Proposal Requirements within ten (10) days after the date of the Owner's Notice of Award.

3. In submitting this Proposal, the Offeror represents, as more fully set forth in the Agreement,

that: A. the Offeror has examined copies of all the Proposal Documents and of the following

Addenda (receipt of all of which is hereby acknowledged): No. Title: ________________________________________ Date: __________ No. Title: ________________________________________ Date: __________ B. the Offeror has familiarized himself/herself with the nature and extent of the Proposal

Documents, Service, site, locality, and all local conditions, laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of the Services;

C. this Proposal is genuine and not made in the interest of or on behalf of any undisclosed person,

firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Offeror has not directly or indirectly induced or solicited any other Offeror to submit a false or sham Proposal; the Offeror has not solicited or induced any person, firm, or corporation to refrain from Proposing; and the Offeror

OFFEROR’S Name and Address: Telephone: Fax: Federal Tax ID #: New Mexico Tax ID #: CID License #

This Proposal is submitted to Owner: CLOVIS MUNICIPAL SCHOOL

DISTRICT 1009 N. MAIN STREET CLOVIS, NM 88102 Phone (575) 769-4453


has not sought by collusion to obtain for himself/herself any advantage over any other Offeror or over the Owner;

D. the Offeror agrees to show clearly on the envelope in which the Proposal is submitted the

Project Name and Number, and RFP Number; and, E. the Offeror will complete the Services for the following price(s) (do not include any gross

receipts tax in the price(s). 7. A proposal must be submitted on all items. Segregated proposals will not be selected by

the Owner. NOTE: This cost does not include New Mexico Gross Receipts Tax. Please check your calculations before submitting your proposal; the District will not be responsible for miscalculations.

PROPOSAL ITEMS Description

Units Cost

1" Low E/Clear Tempered per Square Foot

1" Low E/Clear Annealed per Square Foot

DSB Clear Annealed per Square Foot

Aluminum Extruded Storefront for 1"Glazing Additional Cost for Colors

per Linear Foot Per Linear Foot

Hollow Metal Frame & Door 4 3/4" Frame 3'x7'Door

Per Unit

1/4" Clear Annealed

per Square Foot

Aluminum Extruded Storefront for 1/4"Glazing Additional Cost for Colors

per Linear Foot per Linear Foot

1/4" Clear Tempered Glass

per Square Foot

1/4" Polished Wire Glass per Square Foot Window and Door hardware or any materials required for the repair or replacement of glass, windows and doors.

Cost plus % of Mark Up

Normal Work Hours Project Manager Job Foreman Lead Installer Installer

per Hour


Laborer

Overtime Project Manager Job Foreman Lead Installer Installer Laborer

per Hour

Holidays Project Manager Job Foreman Lead Installer Installer Laborer

per Hour

Note: All prices are all inclusive - no mileage reimbursement or minimum charges apply. Mark up shall be applied to Supplier's invoice amount to the Contractor, with all the manufacturer's

discounts passed through to CMS.

_____List of any deviation from specifications must be attached

5. The Offeror agrees that: It is understood that the Owner reserves the right to reject any or all Proposals and to waive any technical irregularities in the proposals.

The terms used in this Proposal and the Contract Documents which are defined in the Conditions of the Construction Contract (General, Supplementary, and Other Conditions), included as part of the Proposal Documents, have the meanings assigned to them in those Conditions.

Authorized Signature/Local Representative Date Signed

Type Name and Position Held with Company


APPENDIX A

DISTRIBUTION LIST RESPONSE FORM This Distribution List Response Form should be signed and submitted not later than 4:30 p.m. on March 30, 2021. Only potential Offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and the written responses to those questions as well as RFP amendments, if any are issued. In acknowledgement of receipt of this Request for Proposal the undersigned agrees that s/he has received a complete copy, beginning with the title page and table of contents, and ending with Attachment A. FIRM: _________________________________________________________________________ REPRESENTED BY: _____________________________________________________________ TITLE: __________________________________ PHONE NO.: __________________________ E-MAIL: ____________________________________ FAX NO.: ______________________ ADDRESS: _____________________________________________________________________ CITY: _______________________________ STATE: ________ ZIP CODE: ________________ SIGNATURE: _____________________________________________ DATE: _______________ This name and address will be used for all correspondence related to the Request for Proposal. For clarity, type the information in the form. The Owner will not be responsible for incorrect or non-legible information submitted by Offeror.

Submit the Distribution List Response Form to:

Carlos Molina, Chief Procurement Officer

RFP 2021-210 Glass/Window/Door and Hardware Replacement & Repair Services

Clovis Municipal School District 1009 N Main Street

PO Box 19000 Clovis, NM 88102

E-mail: [email protected]

mailto:[email protected]


APPENDIX B

LETTER OF TRANSMITTAL FORM ACKNOWLEDGEMENT: By responding to this RFP, the undersigned Offeror (1) acknowledges that he or she agrees to the terms and conditions set forth in this RFP; (2) certifies that the Offeror has not, either directly or indirectly, entered into action in restraint of full competition in connection with the proposal submitted to the District; and (3) agrees to furnish the materials, supplies or services as required within the time specified under the conditions imposed as the price indicated. Name of Firm: ________________________________________________________________ Address 1: ___________________________________________________________________ Address 2: ___________________________________________________________________ Telephone No: ________________________________________________________________ Email: _______________________________________________________________________ Signature of Authorized Representative: ____________________________________________ Type or legibly print name of above: _______________________________________________ Contractor’s License# (if applicable): ______________________________________________ Resident Preference # (if applicable): ______________________________________________ Contact information for Sales Department (please print legibly): Name of Contact: ______________________________________________________________ Telephone No.: ________________________________________________________________ Email Address: ________________________________________________________________ Contact information for POs/Invoicing/Etc. (please print legibly): Name of Contact: ______________________________________________________________ Telephone No.: ________________________________________________________________ Email Address: ________________________________________________________________ Contact information for Product or Deliver Problems. (please print legibly): Name of Contact: ______________________________________________________________ Telephone No.: ________________________________________________________________ Email Address: ________________________________________________________________

By signing the form below, the Authorized Signatory attests to the accuracy and veracity of the information provided on this form, and explicitly acknowledges the following:

• On behalf of the submitting organization named above, I accept the Terms and Conditions Governing the Procurement.

• I concur that submission of our proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

• I acknowledge receipt of any and all amendments of this RFP.

__________________________________________________ __________________________

Authorized Signature Date


APPENDIX C

CONFLICT OF INTEREST AND DEBARMENT/SUSPENSION CERTIFICATION FORM

CONFLICT OF INTEREST As utilized herein, the term “Vendor” shall mean that entity submitting a proposal to Clovis Municipals Schools in response to the above referenced bids/request for proposals. The authorized Person, Firm and/or Corporation states that to the best of his/her belief and knowledge: No employee or board member of Clovis Municipal Schools (or close relative), with the exception of the person(s) identified below, has a direct or indirect financial interest in the Vendor or in the proposed transaction. Vendor neither employs, nor is negotiating to employ, any Clovis Municipal Schools employee, board member or close relative, with the exception of the person(s) identified below. Vendor did not participate, directly or indirectly, in the preparation of specifications upon which the quote or offer is made. If the Vendor is a New Mexico State Legislator or if a New Mexico State Legislator holds a controlling interest in Vendor, please identify the legislator: _____________________________________________________________ List below the name(s) of any Clovis Municipal Schools employee, board member or close relative who now or within the preceding 12 months (1) works for the Vendor; (2) has an ownership interest in the Vendor (other than as an owner of less than 1% of Vendor’s stock, if Vendor is a publicly traded corporation); (3) is a partner, officer, director, trustee or consultant to the Vendor; (4) has received grant, travel, honoraria or other similar support from Vendor; or (5) has a right to receive royalties from the vendor. ___________________________________________________

DEBARMENT/SUSPENSION STATUS The Vendor certifies that it is not suspended, debarred or ineligible from entering into contracts with the Federal Government, or any State agency or local public body, or in receipt of a notice or proposed debarment from any Federal or State agency or local public body. The vendor agrees to provide immediate notice to Clovis Municipal Schools’ Chief Procurement Officer in the event of being suspended, debarred or declared ineligible by any department or agency of the Federal government, or any agency of local public body of the State of New Mexico, or upon receipt of a notice of proposed debarment that is received after the submission of the quote 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 vendor named and that the information contained in this document is true and accurate to the best of their knowledge. Signature: ________________________________________ Date: ____________________ Name of Person Signing (typed or printed): ____________________________________________ Title: __________________________________________________________________________ Email: _________________________________________________________________________ Name of Company (typed or printed): ________________________________________________ Address: ________________________________City/State/Zip: ___________________________ Telephone: ____________ Fax: ______________ Email: _________________________________


APPENDIX D

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, a prospective contractor subject to this section shall disclose all campaign contributions given by the prospective contractor or a family member or representative of the prospective contractor to an applicable public official of the state or a local public body during the two years prior to the date on which a proposal is submitted or, in the case of a sole source or small purchase contract, the two years prior to the date on which the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor or a family member or representative of the prospective contractor to the public official exceeds two hundred fifty dollars ($250) over the two-year period. A prospective contractor submitting a disclosure statement pursuant to this section who has not contributed to an applicable public official, whose family members have not contributed to an applicable public official or whose representatives have not contributed to an applicable public official shall make a statement that no contribution was made.

A prospective contractor or a family member or representative of the prospective contractor shall not give a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process or during the pendency of negotiations for a sole source or small purchase contract.

Furthermore, a solicitation or proposed award for a proposed contract may be canceled pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 if a prospective contractor fails to submit a fully completed disclosure statement pursuant to this section; or a prospective contractor or family member or representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process.

The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor.

THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR 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 contractor 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 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 volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.


“Family member” means a spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor; “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code [Sections 13-1-28 through 13-1-199 NMSA 1978] or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or small purchase contract. “Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name of Applicable Public Official on the District Board of Education:

Shawn Hamilton – Kyle Snider – Paul Cordova – Terry Martin – Cindy Osborn DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made by: ____________________________________________________ Relation to Prospective Contractor: __________________________________________ Date Contribution(s) Made: ________________________________________________ Amount(s) of Contribution(s): _______________________________________________ Nature of Contribution(s):___________________________________________________ Purpose of Contribution(s) _________________________________________________________ (Attach extra pages if necessary) __________________________________ _______________________________ Signature Date Title (position __________________________________________________________ --OR— NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. __________________________________ ________________________________ Signature Date Title (position) __________________________________________________________


APPENDIX E

NON-COLLUSION AFFIDAVIT FORM Company Name: ___________________________________________ Address: __________________________________________________ City, State, Zip Code: _______________________________________ I, ____________________________________, of the ______________________________ in the

Name City

County of ______________________________, State of ______________________________ am

of full age, being dully sworn according to law on my oath depose and say that:

I am the _____________________________ of the firm of _______________________________ Title Company Name the Offeror making the Proposal for goods, services or public work specified under the attached

proposal, and that I executed the said proposal with full authority in any collusion or otherwise

taken any action in restraint of free competition in connection with the above proposal, and that all

statements contained in said proposal and in this affidavit are true and correct, and made with full

knowledge that _________________________ (Company Name) relies upon the truth of the

statements contained in said proposal and in the statements contained in this affidavit in awarding

the contract for the said goods, services or public work.

I further warrant that no person or selling agency has been employed or retained to solicit or secure

such contract upon agreement or understating for a commission, percentage, brokerage or

contingent fee, except bona fide employees or bon fide established commercial or selling agencies

maintained by:

__________________________________ ____________________________________ Company Name Authorized Signature, Title, and Date


ATTACHMENT A

CERTIFICATE OF INSURANCE


ATTACHMENT B

VENDOR INFORMATION FORM AND W-9

PLEASE RETURN THIS FORM

Clovis Municipal Schools Vendor Information

Ordering Information Remit Information Company Name or Individual Name

(Only complete if different than Ordering Information) Company Name or Individual Name

dba (Doing Business As)

dba (Doing Business As)

Mailing/Street Address

Mailing/Street Address

City, State, Zip

City, State, Zip

Phone #

Phone #

Toll Free #

Toll Free #

Fax #

Fax #

E-MAIL ADDRESS

Tax Numbers

NM CRS ID #

Federal ID #

Social Security #

ORGANIZATION OF BUSINESS OWNERSHIP OF BUSINESS ( check one)

[ ] Individual or [ ] Corporation Limited Liability Company: [ ] Business and [ ] Partnership [ ] C Corporation [ ] Sole Proprietorship [ ] S Corporation [ ] Government entity [ ] Partnership

PLEASE REVIEW THE TERMS AND CONDITIONS OF CONDUCTING BUSINESS WITH CLOVIS MUNICIPAL SCHOOLS ON THE REVERSE SIDE OF THIS FORM

I certify that the information provided is true and accurate to the best of my knowledge as of the date indicated below and that I have the authority to act on behalf of the above named company in this regard. I have reviewed the Terms and Conditions of conducting business with Clovis Municipal Schools as listed on the reverse side of this form, and agree to conduct business as stated. I further certify that there are [ ] are no [ ] persons holding a financial interest in the above entity employed by CMS.

RETURN THIS COMPLETED FORM TO: Clovis Municipal Schools

P O Box 19000 Clovis, NM 88102-9000 FAX (575) 769-4333

INCOMPLETE FORMS WILL NOT BE PROCESSED. FOR ASSISTANCE IN FILLING OUT THIS FORM CALL (575)769-4300

FOR OFFICE USE ONLY V#:

CLOVIS MUNICIPAL SCHOOL DISTRICT PURCHASE ORDER TERMS AND CONDITIONS

1. CONTRACT The contract resulting from the acceptance of this order is to be construed according to the laws of New Mexico. This contract is non-assignable by Seller.

2. DELIVERY SCHEDULE

Deliveries are to be made both in quantities of finished goods, service or construction and at times specified by Buyer. Buyer will have no liability for payment of material; service or construction delivered to Buyer which exceeds purchase order requirements. Buyer may from time to time change delivery schedules or issue temporary suspension of scheduled material, service, or construction.

3. EXCUSABLE DELAYS

Except with respect to defaults of subcontractors, Seller shall not be liable for delays or defaults in deliveries due to causes beyond its control and without its fault or negligence. Written notice setting forth the cause for any anticipated delay will be given immediately to Buyer. Any delay due to default of subcontractor will be excusable if beyond the control and without the fault or negligence of both the Seller and subcontractor and if Seller established that it could not obtain supplies or services from any other source in time to meet scheduled deliveries.

4. CANCELLATION

Buyer reserves the right to cancel all or any part of the items or work covered by this purchase order if Seller does not make deliveries as specified or so fails to make progress as to endanger performance of the work and does not correct such failure within 10 days after receipt of written notice from Buyer specifying such failure; or if Seller breaches any of the terms hereof.

Additionally, performance of work under this purchase order may be terminated by Buyer at its option, in whole or in part by mailing a written notice of termination whenever the Buyer determines such termination is in its best interest. Upon termination under this paragraph, Buyer shall pay to Seller the following amounts without duplication:

The purchase order price for all completed deliveries of material, services or construction and not previously paid for.

The actual costs incurred by Seller in accordance to this purchase order to the extent such costs are reasonable in amount and are properly allocable or apportionable under generally accepted accounting practices to the terminated portion of this purchase order. Payments shall not exceed the aggregate price specified in this purchase order, less payments otherwise made or to be made.

5. INSPECTION

All material shall be received subject to Buyers inspection and rejection. Defective material or material not in accordance to Buyer's specifications will be held for Seller's instruction and at Seller's risk and, if Seller so directs, will be returned at Seller's expense. Any payment for material, service or construction on this order prior to inspection shall not constitute an acceptance thereof, nor will acceptance remove Seller's responsibility for latent defects.

6. SHIPPING AND HANDLING

Unless otherwise stated on the face of this order, deliveries shall be shipped F.O.B.-Clovis, New Mexico: Freight Prepaid & included within price of items ordered. All deliveries shall be suitably packed, marked and shipped in accordance with the requirements of common carriers in a manner to secure lowest transportation cost and without additional charges unless otherwise specified.

Seller shall properly mark each package with Buyer's order number including single shipments comprised of multiple packages. Purchase order number and package number shall be shown on packing slips, bills of lading and invoices. Packages delivered without purchase order identification number shall be rejected and returned to Seller at Seller's expense. Packing slips must accompany each shipment.

When applicable, original bill of lading or other shipping receipt, for each shipment shall be promptly forwarded by Seller attached to invoice. Original invoices shall be rendered in duplicate on day of shipment accompanied, when applicable, by bill of lading and sworn statement and waiver of lien, if order covers repairs and maintenance of premises and mailed to the BILL TO address on the face of this purchase order. Payments made by voucher only. No drafts will be honored.

Monthly statements shall be rendered promptly.

7. PRICE ADJUSTMENTS

Price adjustments resulting from conditions described herein shall be computed in one or more of the following ways: By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon, thereafter, as practicable; By purchase order unit prices or unit prices subsequently agreed upon; By agreement on profit or fee adjustment; and/or By any other manner that is mutually agreed upon. Or, in the absence of the agreement, by a unilateral determination by the Buyer of the actual costs with adjustment for profit or fee as computed by the Buyer and as accounted for in accordance with industry price list, catalogue or market prices.

8. WARRANTY

Seller expressly warrants that all the material and work covered by this order will conform to the specification, drawings, samples or other description furnished or specified by Buyer, and will be merchantable, of good material and workmanship and free from defect. Seller expressly warrants that all material covered by this order, which is the product of Seller or is in accordance with Seller's specifications, will be fit and sufficient for the purpose intended.

9. REMEDIES All remedies are herein reserved by Buyer and shall be cumulative and in addition to any further remedies provided in law or equity. No waiver of a breach of any provision of this contract shall constitute a waiver of any other breach or such provision.

DIRECT DEPOSIT Fast, Safe, and Convenient

AUTHORIZATION AGREEMENT FOR AUTOMATED ACCOUNTS PAYABLE DEPOSITS

AUTHORIZATION: I hereby authorize and request CLOVIS MUNICIPAL SCHOOLS to initiate deposit entries. All deposits will occur in this account.

This authority is to remain in full force and effect until CLOVIS MUNICIPAL SCHOOLS and the FINANCIAL INSTITUTION receive written notification from the vendor of its termination in such time and manner as to afford CLOVIS MUNICIPAL SCHOOLS and the FINANCIAL INSTITUTION a reasonable opportunity to act.

Should an error occur, the vendor authorizes Clovis Municipal Schools to initiate a withdrawal entry upon notification to the vendor.

VENDOR INFORMATION: VENDOR’S NAME: SOCIAL SECURITY OR TAX ID #:

VENDOR’S ADDRESS: VENDOR’S FINANCIAL INSTITUTION:

CITY, STATE, ZIP CODE: 9 DIGIT TRANSIT ROUTING NUMBER:

VENDOR’S EMAIL ADDRESS: Required to send notice of payment

VENDOR’S CHECKING ACCOUNT NUMBER OR

VENDOR’S SIGNATURE AND DATE: VENDOR’S SAVINGS ACCOUNT NUMBER

**VOIDED CHECK OR DEPOSIT MUST BE ATTACHED FOR ACCURACY**

Form W-9(Rev. October 2018)Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

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1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number

– –

orEmployer identification number

–

Part II CertificationUnder penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person ▶ Date ▶

General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

Form W-9 (Rev. 10-2018) Page 2

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.3. The article number (or location) in the tax treaty that contains the

saving clause and its exceptions.4. The type and amount of income that qualifies for the exemption

from tax.5. Sufficient facts to justify the exemption from tax under the terms of

the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup WithholdingWhat is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your InformationYou must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

PenaltiesFailure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.


Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific InstructionsLine 1You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.

b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.

c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is a(n) . . .

THEN check the box for . . .

• Corporation Corporation

• Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes.

Individual/sole proprietor or single-member LLC

• LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes.

Limited liability company and enter the appropriate tax classification. (P= Partnership; C= C corporation; or S= S corporation)

• Partnership Partnership

• Trust/estate Trust/estate

Line 4, ExemptionsIf you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.

• Generally, individuals (including sole proprietors) are not exempt from backup withholding.

• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.

• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.

• Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities

3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

4—A foreign government or any of its political subdivisions, agencies, or instrumentalities

5—A corporation

6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession

7—A futures commission merchant registered with the Commodity Futures Trading Commission

8—A real estate investment trust

9—An entity registered at all times during the tax year under the Investment Company Act of 1940

10—A common trust fund operated by a bank under section 584(a)

11—A financial institution

12—A middleman known in the investment community as a nominee or custodian

13—A trust exempt from tax under section 664 or described in section 4947


The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7

Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.

Barter exchange transactions and patronage dividends

Exempt payees 1 through 4

Payments over $600 required to be reported and direct sales over $5,0001

Generally, exempt payees 1 through 52

Payments made in settlement of payment card or third party network transactions

Exempt payees 1 through 4

1 See Form 1099-MISC, Miscellaneous Income, and its instructions.2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup

withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B—The United States or any of its agencies or instrumentalities

C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state

G—A real estate investment trust

H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940

I—A common trust fund as defined in section 584(a)

J—A bank as defined in section 581

K—A broker

L—A trust exempt from tax under section 664 or described in section 4947(a)(1)

M—A tax exempt trust under a section 403(b) plan or section 457(g) plan

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. CertificationTo establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.


1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the RequesterFor this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint account) other than an account maintained by an FFI

The actual owner of the account or, if combined funds, the first individual on

the account1

3. Two or more U.S. persons (joint account maintained by an FFI)

Each holder of the account

4. Custodial account of a minor (Uniform Gift to Minors Act)

The minor2

5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law

The grantor-trustee1

The actual owner1

6. Sole proprietorship or disregarded entity owned by an individual

The owner3

7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))

The grantor*

For this type of account: Give name and EIN of:8. Disregarded entity not owned by an

individualThe owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing corporate status on Form 8832 or Form 2553

The corporation

11. Association, club, religious, charitable, educational, or other tax-exempt organization

The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee

For this type of account: Give name and EIN of:14. Account with the Department of

Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments

The public entity

15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B))

The trust

1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.2 Circle the minor’s name and furnish the minor’s SSN.3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.

*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity TheftIdentity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

• Protect your SSN,

• Ensure your employer is protecting your SSN, and

• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.


The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act NoticeSection 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.