The New Mexico Institute of Mining and Technology Purchasing Services Office Request For Proposal (RFP) First Responder Training Program RFP# I0008436E (Rebid) Release Date: March 15, 2013 DUE DATE: April 15, 2013 at 2:00 PM MST Kimela Miller Director of Purchasing Telephone: (575) 835‐5881 Facsimile (575) 835‐5887
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TABLE OF CONTENTS GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL
II.
EVALUATION CRITERIA
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III.
TERMS AND CONDITIONS
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IV.
DISCUSSIONS WITH OFFERORS AND AWARD
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V.
PROCUREMENT CODE
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VI.
RESIDENTIAL PREFERENCE
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VII.
VETERANS PREFERENCE
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VIII.
TERM
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IX.
RFP TERMINATION
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X.
PUBLIC INSPECTION
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XI.
LICENSES AND PERMITS
XII.
CONTRACT TERMINATION
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XIII.
SCOPE OF WORK
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Attachment A ‐ Offer Attachment B – Veterans Preference Certification Attachment C – Government Flow Down Attachment D – Incident Response to Terrorist Bombings Attachment E – Tentative Schedule Attachment F – Non‐Disclosure Agreement Attachment G – Task Order 1 Attachment H – Task Order 2
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ATTACHMENTS
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I. General Instruction for Preparation of Proposal The Purchasing Services Office, on behalf of the Board of Regents of the New Mexico Institute of Mining and Technology, (New Mexico Tech) seeks written, responsible proposals from qualified Offerors for the First Responders Training Program. Due date for receipt of proposals is 2:00 P.M. local time on April 15, 2013. Date and time of receipt will be stamped on the proposals by the Purchasing Office and held in a secure place. Proposals received later than the due date and time will not be considered. This Request for Proposal (RFP) contains specific requests for information. However, in responding, Offerors are encouraged to include in their proposals any additional information they believe relevant and valuable. Sales and general promotional material should not be included, specific product literature may be included. The proposal must be specific and must be responsive to the criteria set forth in this request. Clarification of instructions, terms and conditions, insurance, and preparation or submission of proposals shall be made only by the Purchasing Office. Questions will not be accepted or answered by telephone. Questions must be submitted in writing and should be restricted to clarification and / or amplification of the RFP. Offerors should reference their questions to specific RFP sections, paragraphs and page numbers. Question may be faxed to 575.835.5887, Attn: Kimela Miller or by emailing them to
[email protected] . All questions must be submitted no later than 5:00 P.M. seven (7) calendar days before the proposal is due. Questions and their answers will be incorporated into an addendum which will be posted on the Purchasing website at http://www.nmt.edu/purchasing‐services . Please check the website often for updates to the RFP. Receipt of addenda must be noted on the Offeror’s proposal confirming the receipt of any and all amendments. No other source within New Mexico Tech is authorized to explain, interpret, or give information concerning the Request for Proposal document. Further, no contact between the proposers and the end‐users of the good or services is permitted until a proposal is selected and a contract signed. This Request for Proposal implies no obligation on the part of New Mexico Tech, nor does New Mexico Tech's silence imply any acceptance or rejection of any proposal. New Mexico Tech reserves the right to accept or reject any or all proposals. Submit four (5) complete copies (1 original and 4 copies) in one sealed envelope, package, or box. Proposals may be hand carried, mailed by USPS or express service to: Director of Purchasing Attn: I0008436E (rebid) New Mexico Institute of Mining and Technology 801 Leroy Place Brown Hall, Room 110 Socorro, NM 87801 Note: the Purchasing Office is closed at lunch M‐F from noon until 1:00 p.m. if hand delivering, please time your arrival accordingly. Please ensure that the RFP number is included in the address attention line. Pricing information shall be contained in a separate envelope within the package. NOTE: PROPOSALS SUBMITTED BY FAX OR EMAIL WILL NOT BE CONSIDERED. Delivery: it is the sole responsibility of the Offeror to see that their proposal is delivered by the date and time specified in this RFP. Offerors should never leave a proposal with any New Mexico Tech office or New Mexico Tech individual for delivery to the purchasing office. Modification: the proposal may be modified or withdrawn prior to the established due date in accordance with the requirements of the New Mexico Procurement Code 13‐1‐1 et seq. NMSA 1984 Supp. Telegraphic or written modifications of proposals already submitted are acceptable. A late modification of an otherwise successful proposal, that makes its terms more favorable to New Mexico Tech will be considered at any time it is received. Late submission: any proposal received after the scheduled closing time for receiving proposals will not be considered and will be returned to the Offeror unopened.
Withdrawal: prior to award, proposals may be withdrawn anytime by written notice, or in person by Offeror’s authorized representative. New Mexico Tech reserves the right to reject any or all proposals, or any part thereof, and to waive any technicalities or informalities in the proposal if in the best interests of New Mexico Tech. Incomplete proposals may result in dismissal of all or part of the response. Each proposal must give the complete mailing address of the Offeror and must be signed by the Offeror with the Offeror’s legal authorized signature (Attachment A). Proposal by partnerships must be signed by one of the members of the of the partnership or by an authorized representative. Proposals by corporations must be signed and sealed in the name of the corporation followed by the signature and title of the president, secretary or other person authorized to bind the corporation in the matter. The names of all persons signed should be typed or printed below the signature. Unsigned proposals will be considered non‐responsive and returned to the Offeror. Proposals will not be opened publicly but shall be opened in the presence of the Director of Purchasing and one or more New Mexico Tech representatives. Offerors will be evaluated on their ability to satisfy the requirements stated herein at the best obtainable price. The precise method by which the Offeror will be evaluated is detailed further in this document. If an Offeror has assisted with the development of the proposal or provides specifications, that Offeror MAY NOT submit a proposal. Each proposal must be typed and legible. Failure to include all information requested in the Request for Proposal documents may render the Offeror’s proposal non‐responsive and the proposal may be returned to the Offeror. All information must be entered in ink or typed and corrections must be initialed. The proposal must include the statement that the proposed terms will remain in effect for at least ninety (90) days after the scheduled due date for responses. No employee of New Mexico Tech shall have any direct financial interest in any contract with New Mexico Tech. Any violation of this provision will render the contract void, unless it is approved by the Board of Regents after full disclosure. Offeror’s response must be specific and in such form that the evaluation committee may readily compare the response to the appropriate criteria. If invited for an interview or product demonstration regarding this proposal, failure to respond to an invitation to make a presentation to the committee may result in a proposal not being considered. Offeror’s proposal must be bound and indexed and must use, where required, the forms provided in the RFP. Offerors should organize each copy of their proposal as follows, with a tab / section for each alpha designation and its title, in order to simplify evaluation. If the required format is not followed, the proposal may be eliminated from consideration. II. Evaluation Criteria It is New Mexico Tech’s intention to award multiple contracts to support multiple tasks to the responsible entities whose proposal is determined to represent the Best Value to New Mexico Tech, cost and other criteria considered. The technical criteria set forth in the Evaluation Criteria (inclusive of experience and past performance) are considered to be significantly more important than cost/price. New Mexico Tech will make a best value award determination. Best value is defined as the offer that results in the most advantageous acquisition decision for New Mexico Tech. In making this determination New Mexico Tech is more concerned with obtaining a superior solution and quality assurance (as set forth in the technical and past performance evaluation criteria) to achieve the requirements of the proposal than making an award to the Offeror with the lowest total price. Therefore, New Mexico Tech reserves the right to make award to a higher priced Offeror to achieve superior solution. The determination of best value will be made by comparing the differences in the value of the criteria with the differences in the proposed cost. However, cost may become the ultimate determining criteria for award of the contract as proposals become more equal in terms of technical merit.
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Award may be made without discussions based on the initial proposals received. Therefore, Offerors are encouraged to submit their initial proposals with the most favorable terms from a technical and cost standpoint. However, New Mexico Tech reserves the right to conduct discussions. Each task described in the RFP requires a separate description. Please note that the SOW describes four (4) periods of performance and four (4) tasks. Each proposal must specify a task or tasks and period(s) of performance. New Mexico Tech reserves the right to select one or multiple contractors to perform each task as outlined in the RFP. Awards may be made for one part or the entire project. Any information provided in the Request for Information (RFI) I1311003E must be provided again when requested in this RFP. Source Selection Criteria The proposals received under Request for Proposal (RFP) will be evaluated in accordance with the criteria below. As stated in the RFP, awards shall be made to the Offeror whose proposal is determined to best meet the needs of New Mexico Tech after consideration of all criteria, that is, the proposal that provides the best value to New Mexico Tech. New Mexico Tech may award any resulting contract to other than the lowest priced Offeror. All information provided in the Offeror's proposal will be evaluated and award(s) will be made based upon an integrated assessment of the evaluation criteria described below. Evaluation criteria are as follows: Criteria # Criteria Weight Criteria 1 Work Plan 25% Criteria 2 Management Plan 25% Criteria 3 Staffing Plan and Key Personnel 20% Criteria 4 Quality Control Plan 10% Criteria 5 Experience and Past Performance 10% Criteria 6 Cost 10% Criteria 1 ‐ Work Plan The technical evaluation will consider the merits of the proposed technical approach/methodology. The merits of the work plan will be considered to determine the degree the proposed solution will successfully achieve the requirements of the task. The plan will be evaluated to assess the level of confidence that the Offeror will successfully meet the requirements of industry regulations and standards that are in full compliance with the Statement of Work (SOW). Overall the technical approach will be evaluated to determine how well the Offeror will accomplish the requirements of the task. The work plan must be clear, concise, specific, efficient, and convincing. The work plan will be evaluated to determine the Offeror’s understanding of the requirements of the task. Consideration will be given to the proposed functions and disciplines involved for each objective, skill levels, quantity of resources, and methods of operation required for each contract period of performance. Consideration will be given to the proposed allocation of resources (i.e., distribution of staff, types of labor, categories, subcontractors, proposed contractor owned equipment, etc.), and the resulting effectiveness. The evaluation will consider the merits of the work plan and how convincing it is to successfully assume full performance of the contract or task in a timely, efficient and cost effective manner. Consideration will be given to how the Offeror will assume work‐in‐process, obtain all needed training, and assume full responsibility of all SOW requirements in a timely, efficient manner. Criteria 2 ‐ Management Plan The technical evaluation will consider the merits of the proposed management plan. Consideration will be given to the Offeror’s demonstrated ability to direct and control the operation of this requirement both programmatically and on a daily basis in an efficient and cost effective manner. Consideration will be given to the Offeror’s proposed risk management plan and how the Offeror will manage risks, which includes both identifying and mitigating risks. The management plan will be evaluated on how well the Offeror demonstrates that it will successfully and efficiently manage the requirements of the SOW. Consideration will be given to the merits of the Offeror’s current organizational chart(s) and lines of authority and supervision pursuant to management of this effort. Consideration will be given to how well corporate management systems are described,
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indicating how this contract will fit into the organization's overall business plan and the extent of corporate support, involvement, and oversight. Consideration will be given to how well the Offeror addresses schedule controls, project cost accounting and tracking, and management of multiple work order assignments. Consideration will be given to how well the Offeror describes how work orders will be managed to ensure they are efficiently processed in a timely manner. The evaluation will include the merits on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided. Criteria 3 ‐ Staffing Plan and Key Personnel The technical evaluation will consider the merits of the proposed staffing plan and key personnel. Consideration will be given to how the Offeror will staff the contract in order to successfully meet all requirements of the SOW (including use of both “key personnel” and other than key personnel). Consideration will be given to how well the staffing plan demonstrates that the Offeror will successfully and efficiently provide all required staffing and key personnel for the tasks identified in the SOW. Consideration will be given to how the Offeror will recruit, retain, train, supervise, and coordinate its staff. Consideration will be given to the merits and realism of the proposed labor mix and how well the Offeror demonstrates that the proposed staff will have the necessary skills and expertise necessary for successful contract performance. Consideration will be given to the merits of key personnel who will be assigned to this contract and the rationale for positions designated as key (i.e., why the Offeror determined the position(s) to be key). Consideration will be given to how well the Offeror demonstrates that the proposed key personnel have an understanding of the program scope and objectives as well as relevant experience. Consideration will be given to how well the Offeror demonstrates an understanding of the importance of assigning experienced, key personnel in the completion of the contract. Résumés must be provided for all proposed key personnel. Letters of commitment must be provided for all key personnel that are not currently employees of the Offeror or its proposed subcontractors. Resumes must be limited to three (3) pages each. Criteria 4 ‐ Quality Control Plan The technical evaluation will consider the merits of the proposed quality control plan. Consideration will be given to how well the quality control plan demonstrates the Offeror’s ability to propose and execute a quality control plan, whereby the contractor manages and monitors the process and takes the appropriate corrective action to correct performance to meet program objectives. Consideration will be given to how well the plan demonstrates that the Offeror will provide effective quality control for all requirements of the SOW. Consideration will be given to how well the quality control plan discusses the Offeror’s policies and procedures to ensure compliance with the contract requirements and its methods of documenting and enforcing quality control procedures of both the prime contractor and subcontractors. Criteria 5 ‐ Experience and Past Performance The past performance/company experience of the Offeror will be considered in evaluation and selection. The technical evaluation will consider the merits of the Offeror’s experience on similar and/or relevant projects and endeavors. Consideration will be given to the information listed below for prime contracts or subcontracts under which it performed work similar in nature and complexity to the subject requirement. This information may include the experience of predecessor companies, major subcontractor, or proposed key personnel. A. Contracting Agency (Company), address, and telephone number. B. Contract number and type of contract. C. Date of contract, period of performance, and place of performance. D. Address and phone number of contracting and technical officers. E. Size of contract (average number full time equivalents provided per year) and dollar value. F. Brief description of contract work and responsibilities. G. Applicability of subcontracting plan. H. Indicate comparability of each project to the immediate one. It is not sufficient to merely state that a project is comparable in magnitude and scope. Rationale must be provided to convince New Mexico Tech that a project is indeed similar. The technical evaluation will consider the merits of the Offeror’s past performance. Consideration will be given to the Past Performance Questionnaires of past experience summaries for itself and any major subcontractor(s). The following will be considered. The submitted past performance experiences are of contractual work that is similar to the requirements set forth in
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this solicitation. The contractor will demonstrate compliance with subcontract plans under other contracts. If the Offeror has no relevant corporate or organizational past performance, the Offeror may substitute past performance of a predecessor company or of the Offeror's proposed key personnel who have relevant experience. The Offeror will provide a list of any contracts terminated for convenience or terminated for default within the last three (3) years. The Offeror will also list any contracts for which the customer did not exercise an option to continue the contract within the last three (3) years and the reason the option was not exercised. Past experience summaries are for projects completed in the last five (5) years or currently in process, which are of similar size, scope, complexity, or, in any way, are relevant to the effort required by this solicitation. Contracts listed should include those entered into by the Federal Government, agencies of State and local governments, and commercial customers. Contracts with the parent or an affiliate of the Offeror should not be used. New Mexico Tech will not restrict its consideration of quality of past performance and experience to the information provided by the Offeror and, when evaluating past performance and experience, New Mexico Tech may consider any additional information available. Offerors with no relevant experience will be rated “neutral” for the past performance and experience criteria. Omissions and/or inaccurate or inadequate response could have a negative effect on the overall evaluation. An in‐depth review is made to determine the relative merits of the Offeror's proposal and of the company itself. Past performance and company experience will be evaluated from both a technical and business viewpoint. Company experience is considered to be the accomplishment of work which is comparable in nature, size, and complexity to the immediate requirement. All information submitted shall be directly relatable company experience of the "Proposing Entity" which has been designated as that organizational element responsible for executing the proposal and for performing under the proposed award. The person signing the proposal must have the authority to commit the Offeror to all the provisions of the proposal. Evaluation will be directed at the organizational unit designated as the proposing entity. In those instances where the proposing entity does not have directly relatable experience, such as a newly formed Joint Venture or the establishment of a new organizational unit within an existing company, the Offeror may provide data indicating the experiences of the organization elements being grouped together to comprise the new organizational unit. This information shall be clearly and carefully described as "General Company Information" of the proposing entity. By past performance, New Mexico Tech means an Offeror's record of conforming to specifications and to standards of good workmanship; the Offeror's adherence to contract schedules, including the administrative aspects of performance; the Offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror's business‐like concern for the interest of the customer. In investigating an Offeror's past performance, New Mexico Tech will consider information in the Offeror's proposal and information obtained from other sources, including past and present customers and their employees; other government agencies, including state and local agencies; consumer protection organizations and better business bureaus; former subcontractors; and others who may have pertinent information. Past and present customers may be randomly selected out of each Offeror's proposal. The point of contact for each of these customers may then be contacted by the evaluation committee and asked a standard set of predetermined questions regarding the Offeror's performance. Evaluation of past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. New Mexico Tech is seeking to determine whether the Offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services at fair and reasonable prices. Provide a minimum of three (3) references for services the company has provided which are similar to New Mexico Tech requirements. Include name, address, telephone number and email address. New Mexico Tech reserves the right to look into all or a portion of the Offeror's references and collect data regarding past performance through listed references or from other sources. New Mexico Tech also reserves the right to consider an Offeror's past performance as a subcontractor. Criteria 6 ‐ Cost Offerers should pay particular attention to the requirements stated in the two (2) task orders (Attachments G and H) accompanying the RFP. Offeror needs to explain in detail how they would fulfill these tasks. In addition to the technical explanations the offerers need to demonstrate fluency to ensure that the courses delivered to these customers are within customer Tactics, Training and Procedures. Strict adherence to GSA foreign travel rules and regulations and course methods of economy is also expected to be advocated. A separate cost detail must be attached for each of the task orders. Adequate cost competition is expected for this acquisition. The following criteria will be used to evaluate cost:
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(1) Cost reasonableness. Cost reasonableness will be evaluated based on the degree a prudent person would expect to incur for the same or similar services. Fixed price, estimated costs and available fee that are higher than the amount a prudent person would expect to pay for the services will be considered unreasonable. The fee shall be adequately split between base and award fee to encourage excellent performance. The two (2) task orders will allow New Mexico Tech to evaluate the offeror’s understanding of the program and the costs involved to provide training. (2) Cost realism. This will consist of a review of the cost portion of the Offeror’s proposal to the two (2) task orders to determine if the overall costs proposed are: 1) realistic for the work to be performed; 2) reflect the Offeror’s understanding of the requirements; and 3) are consistent with the unique methods of performance and materials described in the Offeror’s technical proposal. In conducting cost realism New Mexico Tech will determine the probable cost of performance for each Offeror. The probable cost may differ from the proposed cost and will reflect New Mexico Tech’s best estimate of the cost of any contract that is most likely to result from the Offeror’s proposal. The probable cost shall be used for purposes of evaluation to determine the best value. The probable cost will be determined by adjusting each Offeror’s proposed cost, and fee when appropriate, to reflect any additions or reductions in cost elements to realistic levels based on the results of the cost realism analysis and technical evaluation. Cost realism does not apply to fixed prices. BASIS OF AWARD 1. The Offeror’s management experience and past performance shall be evaluated for relevance, depth, quality of experience and proven effectiveness in providing similar and like services to that of the SOW. 2. Offeror’s proposed personnel shall be evaluated for depth and relevance of experience as it relates to the requirements of the SOW. The degree of proven effectiveness in applying management skills and abilities in overall project coordination and integration, including planning, controlling, scheduling to deliver the services needed to meet the requirement of the SOW. 3. Relevance and general management approach, including reporting relationships within the organization. 4. Authorities and responsibilities of key personnel and other managers and the organizations ability to foster and maintain positive, open and effective communications. 5. The organization’s potential for effective and efficient accomplishment to meet the requirements of the SOW. 6. Ability to assist in continuity of EMRTC operations. 7. Overall cost as demonstrated with the two (2) task orders. The evaluation committee will evaluate each Offeror’s proposal and then establish, by consensus, percentage points for each evaluation criteria. Award will be made to the Offeror(s) who receives the highest total score. Tentative time line: Issuance of RFP March 15, 2013 Site Visit (non‐mandatory)* March 26, 2013 9:00 a.m. All questions due from Offerors April 7, 2013 RFP responses due from Offerors April 15, 2013 Award of Contract June 1, 2013 *RSVP by COB March 22, 2013, if you will be attending the site visit. Please email:
[email protected] with your acceptance and names of individuals who will be attending. III. Terms and Conditions A. General 1. New Mexico Tech’s standard Terms and Conditions are an equal and integral part of this RFP. Any deviation must be clearly identified by the Offeror. 2. This RFP, addenda, and all attachments will be considered to be part of and incorporated into the resultant contract or purchase order by reference. 3. The Offeror shall include all applicable costs in their proposal, including but not limited to licenses, materials and labor. 4. The freight terms shall be Freight Prepaid unless otherwise agreed to at the time of award. The F.O.B. will be desination unless otherwise agreed to at the time of award.
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5. This RFP constitutes the entire agreement between the parties with respect to its subject and shall not be modified, altered or amended in any way except as provided for this RFP. This RFP and the resultant contract will be interpreted and governed by the Laws of the State of New Mexico. B. Reserve Acceptance ‐ New Mexico Tech reserves the right to select the combination of goods and services that appears best‐suited to meet the needs of New Mexico Tech. New Mexico Tech reserves the right to reject any offer outright even if technically superior, if such an offer exceeds New Mexico Tech’s available resources. C. Proposal Acceptance ‐ In evaluating the responses, the Purchasing Office reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the contract to the Offeror that best serves the interests of New Mexico Tech. D. Request for Proposal Expenses Including Preparation and Demonstration ‐ Expenses for developing proposals and for demonstrations, if requested, are entirely the responsibility of the Offeror and shall not be chargeable in any manner to New Mexico Tech. E. Offeror Representative ‐ New Mexico Tech reserves the right to negotiate a change in Offeror representative if the assigned representative is not supplying New Mexico Tech needs adequately. The right shall carry forward through the RFP period and the full time during which the service acquired as a result of the Request for Proposal is provided to New Mexico Tech. F. Offeror Response Made a Part of the Contract ‐ If Offeror’s proposal is accepted, the proposal and appropriate modifications will be incorporated in the contract entered into between Owner and Responsbile Offeror. G. Contract Information Award and Administration of Award ‐ The Purchasing Office will contract for the proposed goods and / or services from the selected Offeror. Third‐Party Subcontractors to the Offeror will be expected to comply with all terms and conditions of the award. During the term of the agreement, no work is to be performed by the offeror without the express written consent of the Purchasing Office. Any work performed without written authorization will be at the offeror’s expense. Any resulting agreement will be the exclusive statement of understanding between the parties with respect to its subject matter and shall consist of the following, in order of precedence: a) New Mexico Tech RFP# I008436E (rebid) b) New Mexico Tech Master Subcontract Agreement c) Offeror’s proposal and Terms and Conditions Termination ‐ New Mexico Tech shall reserve the right to terminate any contract entered into as a result of the RFP at any time by giving thirty (30) days written notice of its intent to cancel. In the event the Contractor fails to carry out and comply with any of the conditions and agreements to be performed under the specifications, New Mexico Tech will notify the Contractor, in writing, of such failure or default. In the event the necessary corrective action has not been completed within a ten (10) day period, the Contractor must submit, in writing, why such corrective action has not been performed. New Mexico Tech reserves the right to determine whether or not such non‐compliance may be construed as a failure of performance of the contract. H. Offeror’s Terms and Conditions ‐ The Offeror must state those standard terms and conditions which the Offeror will expect New Mexico Tech to consider. Any deviation from proposal specifications must be clearly identified by the Offeror. This RFP will prevail in the event of a conflict between the Offeror’s proposal and the RFP. New Mexico Tech will consider but is not bound by any Offeror’s standard terms and conditions. If an impasse occurs, the proposal will be disqualified. I.
Safety and Insurance Requirements ‐ it shall be each Contractor’s responsibility to provide for the safety of workers and public in compliance with the requirements of insurance and public health and safety.
The successful Offeror will be required to provide insurance certificates to the Purchasing Office as part of the resulting contract. Coverage must be maintained in full force for the duration of the contract, or until complete and successful performance of the contract is acknowledged by the Institute.
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The following minimum amounts are required:
WORKER'S COMPENSATION ‐ Minimum by Statute COMMERCIAL GENERAL LIABILITY ‐ INCLUDING CONTRACTUAL Single Limit Bodily Injury Liability Property Damage Liability
$500,000 OR $100,000 each person and $500,000 each occurrence $100,000 each occurrence
COMPREHENSIVE AUTOMOBILE ‐ Including Owned and Non‐owned Single Limit Bodily Injury Liability Property Damage Liability
$500,000 OR $100,000 each person and $500,000 each occurrence $100,000 each occurrence
J.
Indemnification ‐ The successful Contractor(s) will assume the liability for all losses, damages (including loss of use), expenses, demands and claims in connection with or arising out of any injury or alleged injury to persons (including death), or damages or alleged damages to property, sustained or alleged to have been sustained in connection with or to have arisen out of the performance of the work by the Contractor, and his agents, and employees, including losses, expenses, or damages sustained by New Mexico Tech. The successful Offeror will undertake and agree to indemnify and hold harmless New Mexico Tech and its Board of Regents, individually and collectively, and the officers, agents, and employees of New Mexico Tech, from any and all losses, expenses, damages (including loss of use), and to pay all damages, judgments, costs and expenses, including attorney’s fees in connection with said demands and claims resulting therefrom. Any claims against New Mexico Tech must be filed with the State of New Mexico.
The Contractor shall adhere to the Federal Occupational Safety and Health Administration (OSHA) regulations and the State of New Mexico Environmental Improvement Board Occupation Health and Safety Regulations, and Radiation Control Bureau regulations that apply to work performed under this proposal. The Contractor shall defend, indemnify, and hold New Mexico Tech free and harmless against any and all claims, loss, liability and expense resulting from any alleged violation(s) of said regulation(s) including but not limited to, fines or penalties, judgments, court costs, and attorney’s fees. K. Certification of Tax Exempt Status ‐ New Mexico Institute of Mining and Technology, dba New Mexico Tech, is an agency of the State of New Mexico. In accordance with State statutes, Sections 7‐9‐13 and 7‐9‐54, sales of TANGIBLE PERSONAL PROPERTY to the Institute are specifically exempted from the state Gross Receipts Tax. This exemption does not apply to the purchase of SERVICES, LEASES OF PROPERTY, or ITEMS PURCHASED FOR A CONSTRUCTION PROJECT. All proposal amounts shall EXCLUDE any applicable Gross Receipts Tax. If the resulting contract is taxable, show the amount of the tax as a separate item on the itemized list. Federal Registration #: 85‐6000‐411 New Mexico Identification #: CRS 01‐507116‐002 A Nontaxable Transaction Certificate (NTTC) can be obtained from New Mexico Tech by sending a request to
[email protected] along with company name, address and TIN or NM CRS number. L. Contract Utilization by Other Agencies ‐ 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 Offeror. Contractual engagements accomplished under this provision shall be solely between the awarded Offeror and the contracting entity with no obligation by the Regents of New Mexico Tech. M. E‐Verification ‐ The Immigration Reform and Control Act of 1986, Pub L 99‐603 (8 USC 1324a) requires employers to verify the eligibility of individuals for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. This information will be used by employers as a record
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of their basis for determining eligibility of an employee to work in the United States. The form will be kept by the employer and made available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration‐Related Unfair Employment Practices. Submission of the information required is voluntary. However, an individual may not begin employment unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigration Reform and Control Act of 1986. More information regarding the employment requirements can be found at the following website: http://www.uscis.gov/files/form/i‐9.pdf New Mexico Tech’s E‐Verify Company ID Number is 165512 N. Certification of Payment of Gross Receipts Tax to the County and City of Socorro When appropriate, Offeror agrees to certify to the County of Socorro that all applicable Gross Receipts Taxes (“GRT”) have been reported and paid under location code 25‐025 in the unincorporated areas of Socorro County. Contractor shall, upon payment of applicable GRT to the New Mexico Department of Taxation and Revenue, cause to be sent to the County of Socorro, Attn: Finance Director, P.O. Box I, Socorro, NM 87801 a certification of the amount of GRT paid under location code 25‐025 for the applicable reporting period. When reporting the city of Socorro tax, please use the code 25‐125. Taxes shall be shown as a separate line item on each contractor’s invoice. O. Additional Services ‐ During the term of this agreement, New Mexico Tech reserves the right to contract with the awarded Offeror for additional services as required. Such services shall be performed by mutual consent of the parties and shall be documented by addendum to the contract. P. Right to Audit ‐ New Mexico Tech 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 (3) years following the expiration or termination of the agreement. Such audit may be conducted by New Mexico Tech personnel or a third party under contract with New Mexico Tech. New Mexico Tech shall give the Contractor reasonable notice prior to the conduct of any audit and upon receiving the notice from New Mexico Tech the Contractor agrees to fully cooperate with the auditors. Q. Warranty of Materials and Equipment ‐ Unless otherwise specifically stated by the offeror, all equipment, materials, supplies and workmanship furnished or installed is to be free of defects and offeror shall agree to replace solely at his / her expense any and all defective equipment, parts, etc. within a one (1) year period after the date of acceptance of the items and / or installation unless otherwise agreed to in writing at the time of award. Offeror also warrants the materials, supplies or services furnished to be exactly as specified in the order, free from defects and to be in compliance with any drawings or specifications incorporated herein and with any samples furnished by offeror. All applicable UCC warranties, express and implied, are incorporated herein. R.
The performance of this Agreement by NMT is contingent upon availability of sufficient funds and sufficient appropriations and authorizations being made by the funding entity(s) for such performance. NMT's decision as to whether sufficient funds are available and whether sufficient appropriations and authorizations have been made shall be made in good faith and in its sole discretion, shall be accepted unconditionally by the Contractor, and shall be final. If NMT decides that sufficient funds are not available and/or sufficient appropriations and/or authorizations have not been made, it shall notify the Contractor of its decision in writing and may either terminate this Agreement or propose modifications to accommodate the insufficient funds and/or appropriations and/or authorizations. If NMT proposes modifications, the Contractor shall within thirty (30) days after receiving NMT's notice give NMT written notice that it has elected either to (i) accept the proposed modifications or (ii) terminate this Agreement. If the Contractor fails timely to give such notice, it shall be deemed to have accepted the proposed modifications. In no event shall NMT be liable for any financial or other penalty on account of any termination or modification of this Agreement as a result of insufficient funds, appropriations or authorizations.
IV. Discussions with Offerors and Award The Procurement Code permits, and the Regents reserve the right to conduct discussions with any or all Offerors, or to make an award of a contract without such discussions based only on evaluation of the written proposals. New Mexico Tech likewise reserves the right to designate an Evaluation Committee in evaluating the proposals according to the evaluation criteria. New Mexico Tech shall make a written determination showing the basis upon which the award was made and such determination shall be included in the procurement file.
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If New Mexico Tech is unable to negotiate a contract with the one selected as most qualified, negotiations will be terminated at the discretion of New Mexico Tech. Negotiations will then be initiated with the next most qualified, or the procurement process will be terminated and new proposals requested. V. Procurement Code This award shall be made pursuant to the provisions of the Procurement Code governing procurement of goods and services. Please note that Sections 13‐1‐199 NMSA impose civil and criminal penalties for violation of the provisions of the Procurement Code. New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities or kickbacks. VI. Residential Preference (attach copy of certificate) A New Mexico resident business shall be awarded the equivalent of five percent of the total possible points to be awarded based on the resident business possessing a valid resident business certificate in accordance with Section 13‐1‐21 of the New Mexico Statutes 1978 Annotated, Chapter 13. If applicable, document the residential preference number in the Offer form and attached your certificate to your response. The preference may not be combined with the Veterans Preference, but may be used once Veterans Preference cap is reached. Procurements involving federal funds are excluded from in state preference laws. VII. Veterans Preference (attach copy of certificate) A New Mexico resident veteran contractor, upon providing certification as a resident veteran and verification of annual revenues, shall be given a preference between seven percent and ten percent. The preference may not be combined with the residential preference, but may be used once Veterans Preference cap is reached. Procurements involving federal funds are excluded from in state preference laws. VIII. Term The terms of this agreement shall be for one (1) four (4) year with the option to renew this agreement for up to an additional one (1) four (4) year term by mutual consent, not to exceed eight (8) years in total. Other documents attached to this RFP are either boilerplate documents and dates will be adjusted to the actual period of performance at time of award or are indicative of the funding periods. IV. RFP Termination This Request for Proposal (RFP) in no manner obligates New Mexico Tech to the eventual purchase of any services described, implied or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of New Mexico Tech and may be terminated without penalty or obligation at any time prior to the signing of a contract. New Mexico Tech reserves the right to cancel this RFP at any time, for any reason, and to reject any or all proposals. X. Public Inspection General: After award, the register of proposals shall be open to public inspection. Each proposal, except those portions for which the Offeror has made a written request for confidentiality, shall also be open to public inspection. Confidential Data: If a citizen of this State request disclosure of data, for which an Offeror has made a written request for confidentiality, the Director of Purchasing shall examine the citizen’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror protests under Section 13‐1‐172 NMSA 1978, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data. XI. Licenses and Permits The successful Contractor must keep himself informed of, and adhere to, all laws and ordinances governing any matter related to the services to be performed. The successful Contractor shall obtain all necessary licenses and permits, and shall be aware of all labor conditions and agreements relating to the work specified in this document and shall make all provisions necessary to avoid any dispute which might arise from those conditions and agreements and shall be responsible for any delays, damages or extra costs caused by such disputes. The Offeror shall be solely engaged in this type of work and service.
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XII. Contract Termination New Mexico Tech reserves the right to terminate the contract with ninety (90) days written notice by the Director of Purchasing via certified mail to the address listed on the signature page of the RFP if any of the terms of the proposal and subsequent contract are violated. A. Termination for Cause ‐ If, through any cause and as determined solely by New Mexico Tech, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this agreement or if the Contractor shall violate or fail to meet any of the covenants, agreements or stipulations of this agreement, New Mexico Tech shall thereupon have the right to terminate this agreement by giving five (5) days written notice to the Contractor of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data and reports prepared by the Contractor under this agreement shall, at the option of New Mexico Tech, become the property of New Mexico Tech, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to New Mexico Tech for damages sustained by New Mexico Tech by virtue of any breach of this agreement by the Contractor, and New Mexico Tech may withhold any payments to the Contractor for the purposes of set‐off until such time as the exact amount of damages due New Mexico Tech from the contract is determined. B. Termination for Convenience ‐ New Mexico Tech may terminate the contract at any time by giving ninety (90) days written notice to the Contractor. If the Contractor is terminated by New Mexico Tech as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this agreement, less payments of compensations previously made. If this agreement is terminated due to the fault of the Contractor, the “Termination for Cause” clause will apply. The following documents are hereby incorporated into this RFP and reviewable on the same website as the RFP. These documents are for reference only at this time: Master Subcontract Agreement Instructor Certification Program First Responders Training Services Copy of 2012 Direct Deliveries First Responders Training Services Preparing America's First Responders Part 1 – 3 First Responders Training Services The Organization
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XIII. Statement of Work The Purchasing Services Office, on behalf of the Board of Regents of the New Mexico Institute of Mining and Technology (New Mexico Tech) requests sealed competitive proposals from each Offeror to enable New Mexico Tech to determine which Offeror is best able to provide all of the criteria which are considered in the proposal. New Mexico Tech seeks contracting services to assist NMT/EMRTC in fulfilling its responsibilities to manage and deliver training courses sponsored by the National Domestic Preparedness Consortium (NDPC), under the guidance of the National Training and Education Division (NTED) of the Federal Emergency Management Agency (FEMA). The current end date of the contract grant award is based on the calendar year. This procurement is federally funded. The period of performance is from January 1, 20XX through December 31, 20XX. To better leverage the capabilities and efficiencies of NMT/EMRTC, a statement of work will be issued to the selected Contractor(s) for each period of performance on a quarterly basis: Quarter 1: January 1, 20XX ‐ March 31, 20XX Quarter 2: April 1, 20XX ‐ June 30, 20XX Quarter 3: July 31,20XX ‐ September 30, 20XX Quarter 4: October 1, 20XX ‐ December 31, 20XX Please be aware of the following requirements: 1. Each task will be considered a separate work effort. All contract types will be firm fixed price and a new statement of work will be released each quarter. 2. Each task will be awarded individually based upon cost and best value. Awards will be provided on a task‐by‐task basis per quarter. 3. A tentative schedule prepared for the First Responder Program will be provided. However, be aware that actual cost will be determined by the number of classes delivered (See Attachment E). The objective of this Statement of Work is to obtain reliable, efficient, and effective services by applying a sound management and technical approach that will provide the best value and meet the objectives described in this document. The work described will be to assist NMT/EMRTC in fulfilling its responsibilities to manage and deliver training courses sponsored by NTED/FEMA. Course instructors will have substantial documented experience and specialized technical expertise in subject matter areas of courses. Resident course instructors assigned to deliver training concerning explosives must have completed military, state public service, or federal explosives ordnance disposal training (EOD). Instructor experience and qualifications will be subject to review and approval by EMRTC Program Manager. All instructors will be evaluated by New Mexico Tech and must meet the instructor certification requirements as defined by NDPC/DHS/FEMA (Download at http://www.nmt.edu/request‐for‐proposal‐ (rfp) ). NMT/EMRTC will make final determination as to continuation within the NMT/EMRTC training functions. Subject Matter Experts (SME) qualifications will be provided for review to NMT/EMRTC and maintained for further requirements and needs. The course material will be provided to the contractor who is awarded the actual task order which deals with instruction or curriculum development. The material is current and must be reviewed and certified every three (3) years. Task 3 is designed to fulfill the DHS/FEMA requirements concerning the updating of material. There is a pre and post test and a student evaluation required for FEMA courses. The instructors will be responsible for ensuring the tests and evaluations are completed by the students and collect all documents. Instructors will then deliver items to EMRTC staff via in person or mail if on a direct delivery. Below are some example tasks to provide a better understanding of the program. Task 1: Resident Course Instructor Support Services This task provides instructor support services for resident courses at NMT/EMRTC. Resident courses include Incident Response to Terrorist Bombings (IRTB) and Prevention of and Response to Suicide Bombing Incidents (PRSBI). NMT/EMRTC has scheduled up to 80 IRTB courses and up to 28 PRSBI courses over the period of performance. 1. IRTB courses are four (4) days long and up to three (3) classes may run concurrently. Each class requires two (2) part‐ time SME instructors. Each SME will be required to work 32 hours each per course. *
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2. 3.
4. 5. 6.
PRSBI courses are five (5) days long and up to two (2) classes may run concurrently. Each class requires two (2) part‐ time SME instructors. Each SME will be required to work forty (40) hours each per course. NMT/EMRTC will require one (1) part‐time SME Lead Instructor to be present for back up and coordination for IRTB/PRSBI resident classes each training week. (Only one lead instructor for the training week.) The SME Lead Instructor will be required to work forty (40) hours per course week. All scheduled courses are subject to change and must be authorized by EMRTC's First Responder Program Manager. All travel will be required to meet Federal Travel Policies. Business casual dress requirements will be enforced for all individuals teaching or working with the participants. Instructors will wear approved colors to distinguish them from the students. Usually black or blue shirts and tan pants are worn. 100% cotton will be required for individuals that will come in contact with energetic materials.
* The class dates and number of classes scheduled are subject to change based upon need and number of participants. Cost should be based upon course manpower requirements that are provided in the RFP. The number of courses presented can change and will be addressed with task orders. The subtasks include: 1.
Recruiting, identifying, hiring, and supervising instructors that meet the required experience level. Instructors must have substantial experience and specialized technical expertise in subject matter areas of course assignment. Instructors delivering resident course content concerning explosives must have graduated from an accredited military, federal, or state public service explosive ordnance disposal (EOD) course. EOD qualified instructors must teach those portions of the classes that deal with explosives. Tactical movement and other aspects of the classes should be taught by appropriate SMEs with a background in those specific skill sets. Instructors must be approved by the EMRTC First Responder Program Manager. 2. Ensuring all course content files ,such as instructor and participant guides, are current using the most recent revision of each course. 3. Instructors’ training and certifications must meet or exceed the NDPC Instructor Certification Program Requirements (Download at http://www.nmt.edu/request‐for‐proposal‐(rfp) ). 4. Instructor experience and qualifications will be subject to review and approved by EMRTC First Responder Program Manager. Individuals that are instructing materials instructors, whose teaching assignment involves curriculum that discusses explosives, will have completed military, state, or federal explosives ordnance disposal training. 5. All instructors will be evaluated yearly according to the NDPC Instructor Certification Program Requirements. Evaluations will be reviewed by EMRTC First Responder Program Manager. 6. NMT/EMRTC reserves the right to approve all instructors prior to hiring and when hired, whether he/or she will continue to support the program. 7. Contractor is responsible for briefing NMT on any and all deficiencies or issues identified in classroom deliveries. 8. Contractor is responsible for establishing a Point of Contact who will schedule instructors as needed. 9. Contractor is responsible for their instructor disciplinary actions and instructor termination. 10. Contractor will be responsible to perform training functions in the classroom, field presentations, and to provide assistance to NMT/EMRTC staff with other functions as required to deliver courses. 11. Contractor and instructors may be required to support the National Bomb Commanders Training and Symposium hosted by NMT/EMRTC and other special events. These events will be identified in the quarterly statement of work. Task 2: Mobile Course Instructor Support Services This task provides services for the scheduled mobile courses and delivery. Mobile courses are at or near the location of the agency that requests the training and are awareness or performance level courses. EMRTC personnel will coordinate, purchase and send all materials needed for the courses. The Host and the instructors will pass out and collect mobile training material and ship material back to EMRTC with prepaid shipping instructions. Last year's schedule has been provided as an example. This year's schedule is being developed to meet customer needs and is a living document. Throughout the year there will be additions and cancellations as approved by the EMRTC First Responder Program Manager. Mobile courses will be approved as required and each as a separate class. 1. IRTB Performance course is four (4) hours in length and will require two (2) part time SME instructors requiring eight (8) man hours. 2. PRSBI performance course is four (4) hours and will require two (2) part time SME instructors requiring eight (8) man hours. 3. ILERSBA course is eight (8) hours in length and will require two (2) part time SME instructors requiring sixteen (16) man hours. 4. MPRBI course is sixteen (16) hours in length and will require one (1) SME instructor requiring sixteen (16) man hours.
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5.
HME course is eight (8) hours in length and will require two (2) part time SME instructors for a total of sixteen (16) man hours. 6. There can be an additional two (2) hours added to each scheduled class, one (1) hour before and one (1) hour after, for set up and packaging of class material and equipment. One (1) of the two (2) instructors is required to have completed military, state public service, or federal explosives ordnance disposal training. 7. NMT/EMRTC expects to authorize 14 MPRBI courses, 18 ILERSBA courses, 4 HME courses, and 8 IRTB and PRSBI courses during each performance period. These courses will require a minimum of 50 participants unless prior approval is received from the EMRTC First Responder Program Manager. 8. All courses will be subject to change and must receive prior approved by the EMRTC First Responder Program Manager. Locations are based upon requests received and include US territories. 9. All travel will be required to meet Federal Travel Policies. 10. Business casual dress requirements will be enforced for all individuals teaching or working with the participants. Instructors will wear approved colors to distinguish them from the students. Usually black or blue shirts and tan pants are worn.
The subtasks include: 1. Coordinating with response, emergency management, and public safety agencies to ensure that they are aware of the menu of mobile courses. Efforts in the marketing and public relations aspects of all mobile courses must be documented and reported to the EMRTC First Responder Program Manager on a quarterly basis. Efforts should include, but are not limited to, emails, telephone calls, conferences presentations, and correspondence with emergency response/emergency management agencies, state training coordinators, and first responder associations and organizations. 2. Recruiting, identifying, hiring, and supervising instructors that meet the required experience level. Instructors must have substantial experience and specialized technical expertise in subject matter areas of course assignment. Instructors must be approved by the EMRTC First Responder Program Manager. 3. Instructors’ training and certification must meet or exceed the NDPC Instructor Certification Program Requirements. 4. Instructor experience and qualifications will be subject to review and approved by EMRTC First Responder Program Manager. 5. All instructors will be evaluated yearly according to the NDPC Instructor Certification Program Requirements. Evaluations will be reviewed by EMRTC First Responder Program Manager. 6. NMT/EMRTC reserves the right to approve all instructors prior to hiring and when hired, whether he/or she will continue to support the program. 7. Contractor is responsible for establishing a Point of Contact who will schedule instructors as needed. 8. Briefing NMT on any and all deficiencies or issues identified in classroom deliveries. 9. Managing all aspects of the training functions in the classroom, i.e., provide presentations, manage and utilize instructional equipment to present classes, and support and manage class participants at host facilities. 10. Ensuring all course content files, such as instructor and participant guides, are current using the most recent revision of each course 11. Providing course schedules including location, dates and instructor assignments to EMRTC First Responder Program Manager. 12. Contractor will maintain communication with EMRTC First Responder Program Manager and staff to ensure all requirements for instructional presentations is complete prior to each iteration of scheduled courses. Task 3: Curriculum Development This task supports the delivery of courses by ensuring that all course materials are relevant and reflect current threats or practices in the response community. Major curriculum revisions and recertification follow the NTED/FEMA schedule and revision process. Task will be determined by request from FEMA and course development and certification requirements. This requires one (1) full time SME curriculum developer working forty (40) hours per week who has completed military, state public service, or federal explosives ordnance disposal training. One (1)full time technical writer/illustrator will be required to work forty (40) hours per week and publish the material. EMRTC's Program Manager will establish priorities. The subtasks include: 1. Assessment of instructional presentations and content to ensure curriculum supports program goals and instructional objectives. 2. Provide subject matter experts (SMEs) for curriculum development, other support, course review, and recertification under the NTED/FEMA course certification process. Developing appropriate training and audiovisual aids to support delivery of instruction for scheduled classes.
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3. 4. 5. 6. 7. 8.
Develop new course materials, training aids as needed to support the program objectives for resident, direct deliveries, indirect deliveries, and web‐based courses. Support the revision of materials as required under the guidance of NMT/EMRTC, FEMA style guide, NTED recertification requirements and any other specific request. Provide subject matter expertise support for pilots and other needs or presentations as identified by EMRTC First Responder Program Manager. Maintain and provide to the EMRTC First Responder Program Manager existing digital, graphic, and/or multimedia components of course materials. Create new digital, graphic, and/or multimedia components required by evolving needs. The contractor personnel for these positions are not required to be located at the EMRTC facility.
Task 4: Scheduling This task provides support for the efficient scheduling of all courses, indirect and direct delivery and resident. Schedulers will make arrangements to fill the classes with appropriate number of participants. This will require 2 full time schedulers working 40 hours per week. This task will require one scheduler for Direct Deliveries and one for Resident training. The subtasks include: 1. Coordinating with SAAs and training coordinators for indirect delivery, direct delivery, and resident courses. 2. Verifying participants have the necessary qualifications and approval to attend the courses. 3. Ensuring that all resident classes have the correct number of participants for each iteration. 4. Ensuring the Direct Delivery courses are scheduled and properly filled with the required number of participants. 5. Ensuring that course materials, certificates, and other materials required are delivered on time for each scheduled course. 6. Providing information to participants on course and travel requirements. 7. Preparing and providing reports on scheduling process and participants to the EMRTC First Responder Program Manager. 8. Maintaining an ongoing liaison with state training coordinators/SAAs. 9. All classes will meet the EMRTC First Responder Program Manager’s minimum number of participants per class prior to conducting the class. 10. The contractor personnel for these positions are not required to be located at the EMRTC facility. CONTRACTOR RESPONSIBLIITIES Contractor shall provide qualified personnel meeting the minimum acceptable standards and skills levels required for the position described. Contractor shall be responsible for ascertaining that Contractor personnel possess any and all permits, licenses and certifications necessary to perform their duties. All Contractor personnel, including part‐time personnel, must pass a pre‐employment drug test to work at EMRTC due to facility requirements. Contractor shall be responsible for all Human Resources functions relating to Contractor employees including: prescreening, pre‐employment drug testing, hiring, payroll, benefits offered by Contractor, liability, workers compensation, disciplinary actions and termination. This effort is expected to be an indirect charging function of the Contractor. Contractor shall be responsible for all insurance related to their employees' and shall provide proof of insurance. Contractor shall provide their own vehicles and maintain appropriate insurance on the vehicles. Contractor shall provide their own office space during the term of this contract. Space is not available on NMT property. Instructor attire will be the responsibility of the contractor. The Contractor shall account for and maintain furnished property and equipment in accordance with the Owner's approved property policies and procedures previously cited in this document. Contractor shall coordinate all start and termination dates for all Contractor personnel working at EMRTC with the EMRTC Business Manager. Contractor shall notify EMRTC within twenty‐four (24) hours of any employee assigned to EMRTC that has terminated employment or has had their labor classification changed for any reason including change in salary, or has had a security clearance status change for any reason.
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Contractor shall notify EMRTC management of any property or equipment requiring costly repairs for a EMRTC determination on repair or replacement. Contractor/instructors are responsible for their travel, personnel lodging, and other logistical requirements. Contractor is responsible for scheduling instructors to meet the EMRTC schedule. Contractor is responsible for instructor disciplinary actions and instructor termination. OWNER (NMT) RESPONSIBILITIES Owner shall provide work direction and job prioritization to the Contractor personnel, unless otherwise stated in writing. Exceptions to written notification are: safety, security, and emergencies. Owner shall furnish to the Contractor certain property and equipment necessary for the completion of specified tasks under this contract, to include classroom space, audio/visual needs, student/instructor books, computers with course content, printing and shipping costs for Resident and Mobile courses, student transportation to and from ranges, and all live demonstration range expenses. Owner shall communicate in writing the categories of labor and number of Contractor employees required to perform the specific tasks covered under this contract. Owner reserves the right to add or eliminate the continued need for individual Contractor employees or entire categories of labor, at any time, for any reason or no reason, upon fifteen (15) days prior written notification to the Contractor. Fifteen (15) day written notification is deemed reasonable except in extreme cases. In these extreme case instances, notification will be done by telephone followed immediately by written notification. This Owner's right shall not be used in an arbitrary manner. Owner is responsible for providing transportation of students and has their own fleet, but will outsource if additional resources are required. Course materials are to be provided by Owner. Owner is also responsible for setting up all explosive shots.
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Attachment A OFFER RFP # I0008436E (Rebid) Provide information requested, affix signature and return this page with your offer.
Non‐collusion: In signing this offer we also certify that we have not directly, entered into any action in restraint of free competitive bidding. Anti‐Kickback: (N.M.S.A. 13‐1‐191 & 198 and the Federal Acquisition Regulation (FAR 52.203.7) Anti‐Kickback Act of 1986) In signing this offer we certify that we have not made, or have accepted any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which was provided for the purpose of improperly obtaining, or as a reward for favorable treatment in connection with, any prime contract, or a subcontract relating to a prime contract. Debarment/Suspension Status: In signing this offer the Vendor certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice or proposed debarment from any State Agency. The Vendor agrees to provide immediate notice to New Mexico Institute of Mining and Technology Purchasing Department in the event of being suspended, debarred or declared ineligible by any State Agency or Federal Agency, or upon receipt of a notice of proposed debarment that is received after the submission of the proposal, quote or bid but prior to award of the purchase order or contract.
NAME OF FIRM: ______________________________ ____________________________ Residential Preference Number COMPLETE ADDRESS: ______________________________ (attach copy of certificate) ______________________________ ______________________________ TELEPHONE NUMBER: ______________________________ FACSIMILE NUMBER: ______________________________ AUTHORIZED SIGNATURE: ______________________________ PRINTED NAME: ______________________________ TITLE: ______________________________ PLEASE PROVIDE A POINT OF CONTACT FOR QUESTIONS: NAME __________________________ TELEPHONE __________________________ EMAIL ADDRESS _______________________________________________________________ #1_________________ #2__________________ ADDENDUM ACKNOWLEDGMENT: (please initial and date) #3_________________ #4__________________ #5_________________ #6__________________
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Attachment B Resident Veterans Preference Certification – RFP # I0008436E (rebid) (This certification is for NM veterans who have registered with the state. Please attach copy of certificate and return this page with your offer)
__________________________________ (Name of Contractor) hereby certifies the following in regard to application of the resident veterans preference to this procurement: Please check one box only ___ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. ___ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. ___ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $5M allowing me the 7% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. “I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate.” “In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference / Resident Veteran Contractor Preference under Sections 13‐1‐21 or 13‐1‐22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be.” “I understand that knowingly giving false or misleading information on this report constitutes a crime.” I declare under penalty of perjury that his statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime. _________________________________________ _______________________________________ Signature of Business Representative* Date *Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect.
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Attachment C GOVERNMENT FLOW‐DOWN PROVISIONS The resulting order is subcontracted under a U.S. Government Prime Contract, the applicable clauses listed below are incorporated into, and form a part, of the terms and conditions of the resulting order. In the event of any conflict between previously referenced terms and conditions and the Government Flow‐Down Provisions, the Government Flow‐Down Provisions take precedence. The clauses contained in the following paragraphs of the Federal Acquisition Regulations (FAR) are incorporated herein by reference. For purposes of this Purchase Order, in the following clauses, the term “contract” shall mean “this order”, the term “contractor” shall mean “Seller” and the term “Government” and “Contracting Officer” shall mean “New Mexico Institute of Mining and Technology (New Mexico Tech) and the “Director of Purchasing Services” respectively. The following provisions of the FAR apply at the specified order dollar amounts: Title Applicability FAR Reference Equal Employment Opportunity All Orders 52.222‐26 All Orders 52.209‐5 Debarment and Suspension Rights in Data All R&D Orders 52.227‐14 Anti‐Kickback Act Construction Over $2K 52.203‐7, 52.203‐12 Audit & Negotiations All Orders Over $100K 52‐215‐2 Davis Bacon Act Construction Over $2K 52.222‐6 Contract Work Hours & Safety Stds Construction and Labor 52.222‐4 Hour Contracts Over $2.5K E‐Verification All Orders 52.222‐54 Certification and Disclosure All Orders Over $100K 52.203‐11 Regarding Payments to Influence Certain Transactions Clean Air Act All Orders Over $100K 52.223‐1 Patent Rights All Orders 52.227‐11, 52.227‐12 All Orders over $3K 52.225‐1 Buy American Act
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Attachment D Incident Response to Terrorist Bombings (example) Monday Time 0800‐0930 0930‐1100 1100‐1230 1230‐1330 1330‐1500 1500‐1700 Tuesday Time 0800‐0900 0900‐0930 0930‐1130 1130‐1230 1230‐1430 1430‐1530 1530‐1700 Wednesday Time 0800‐0900 0900‐1000 1000‐1130 1130‐1230 1230‐1330 1330‐1630 1630‐1700 Thursday Time 0700‐0830 0830‐0855 0855‐0900 0900‐0930 0930‐0945
Module 1 2 3 F1 4
Title Course Introduction and Orientation Terrorism and Energetic Materials Introduction to Energetic Materials Lunch Field Laboratory Recognition of Energetic Materials, Devices and Device Components
Module 4 5 F2 5 9 6
Title Conclusion of Recognition of Energetic Materials, Devices and Device Components Responding to Pre‐detonation Incidents Field Laboratory Lunch Conclusion of Responding to Pre‐detonation Incidents Case Study TIME SQ Responding to Post‐detonation Incidents
Module 6 7 8 9 F3 10
Title Conclusion of Responding to Post‐detonation Incidents Responding to Special Situations Preparing Emergency Response Agencies for Bombing Incidents Lunch Case Study ERR Field Laboratory Performance Level Training
Module 12 13 13 13 13
Performance Exercise Post Test and Review Course Evaluation Graduation / Dismissal Travel Forms / Out Processing
Title
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Attachment E Tentative Schedule 2013 IRTB and PRSBI Resident Course Available Dates January IRTB PRSBI February IRTB PRSBI March IRTB PRSBI April IRTB PRSBI May IRTB PRSBI June IRTB PRSBI July IRTB PRSBI August IRTB PRSBI September IRTB PRSBI October IRTB PRSBI November IRTB PRSBI December IRTB PRSBI
January 8‐11, 28‐31, and 29‐ February 1 January 14‐18 February 4‐7, 5‐8, 25‐28, and 26‐March 1 February 11‐15 March 4‐7, 5‐8, 18‐21, and 19‐22 March 11‐15 April 8‐11, 9‐12, 15‐18, 16‐19, 22‐25, and 23‐26 April 29‐May 3 6‐9, 7‐10, 20‐23 and 21‐24 3‐6, 4‐7, 24‐27, and 25‐28 10‐14 8‐11, 9‐12, 22‐25, and 23‐26 15‐19 12‐15, 13‐16, 19‐22, and 20‐23 5‐9 and 26‐30 9‐12, 10‐13, 16‐19, 17‐20, 23‐26, 24‐27, 30‐October 3 16‐20 1‐4, 7‐10, 8‐11, 21‐24, 22‐25, 28‐31, 29‐ November 1 7‐11 and 21‐25 4‐7, 5‐8, 18‐21, and 19‐22 4‐8 and 18‐22 2‐5, 3‐6, 9‐13 23
Attachment F PROPRIETARY INFORMATION NON‐DISCLOSURE AGREEMENT (Please complete and return with Offer)
This Proprietary Information Non‐Disclosure Agreement is entered into by and between New Mexico Institute of Mining & Technology (NMIMT) for its Energetic Materials Research and Testing Center, having a place of business at 801 Leroy Place, Socorro, New Mexico and , having a place of business at _______________________________________________, (referred to as “the Company”) as follows: NMIMT and the Company desire to enter into discussions concerning First Responder Training Program. In the course of said discussions it may be necessary for NMIMT or for the Company to disclose to the other party, information it regards as Proprietary Information. To the extent that Proprietary Information is disclosed, said Proprietary Information must be in writing or electronic media (such as e‐ mail or other file types) and marked “Proprietary”, and provided to the other party within 20 days of said first oral disclosure, in order to qualify for protection under this agreement. Except as hereinafter specified, the receiving party agrees to hold such Proprietary Information in confidence without disclosure to any third party and to protect it against unauthorized use and disclosure with at least the same degree of care and safeguards as are employed by the receiving party to protect its own Proprietary Information, and not to divulge such Proprietary Information within its own organization except on a “Need to Know” basis. Proprietary Information of the other party shall be used only in furtherance of the purpose of the above‐described discussions. Proprietary Information submitted to the US Government shall be marked with the legend set forth in FAR 52.215‐1 (e) unless the delivering party consents otherwise in writing. The foregoing restrictions on the receiving party’s disclosure and use of Proprietary Information of the disclosing party do not apply to: 1. Information divulged or used by the receiving party after receiving the disclosing party’s express written consent thereto; 2. Information already known to the receiving party without restriction on further disclosure as evidenced by its written records; 3. Information rightfully obtained by the receiving party from a third party (other than directly or indirectly from the US Government) without restriction; 4. Information independently developed by the receiving party, from and after the date of any such disclosure; and 5. Information that, at the time of receipt, was in the public domain. 6. Information required by law, regulation, agency or governmental authority; prior notice of such requirement shall be provided in writing to allow NMIMT or Company to contest such disclosure. Nothing contained herein shall be construed as consent of the disclosing party for the receiving party to disclose or use Proprietary Information not covered by one or more of the aforementioned exclusions or restrictions.
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The effective date for the protection of Proprietary Information furnished thereunder is the date that this Proprietary Information Non‐Disclosure Agreement becomes fully executed. Unless extended by the mutual written agreement of the parties hereto, this Agreement shall terminate three (3) years from the effective date hereof. Each party shall designate in writing, one (1) or more individuals within such party’s organization as the person or persons solely responsible for the control of Proprietary Information furnished pursuant hereto. When the disclosing party’s Proprietary Information is no longer needed for the purposes of this Agreement, or upon termination, all written copies thereof and portions thereof remaining in the receiving party’s possession shall be returned to the disclosing party or upon written request, destroyed, with such destruction certified to the disclosing party, provided that one (1) copy be kept in a secure location to ensure compliance with the term and conditions of the Agreement herein. No amendment or modification to this Agreement will be effective unless made in writing and signed by authorized representatives of both parties. It is agreed that no license under any patent, copyright or trade secret of either party hereto is granted by this Agreement, or by any disclosure of Proprietary Information thereunder; and such information which may be transmitted or exchanged by the respective parties shall not constitute any representation, warranty, assurance, guarantee, or inducement by either party to the other with respect to the infringement of patents or copyrights or any rights of others. This Agreement shall be governed by the laws of the State of New Mexico. ACCEPTED AND AGREED: New Mexico Institute of Mining and Company Technology BY: BY: Lonnie Marquez NAME (Typed): Vice President, for Administration & Finance TITLE: ________ Date: Date: I have read this agreement and acknowledge my responsibilities hereunder: PI/Responsible Party
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Attachment G Task Order 1 Functional Area 1.0 Background. New Mexico Tech manages and delivers training courses sponsored by the National Domestic Preparedness Consortium (NDPC), under the guidance of the National Training and Education Division (NTED) of the Federal Emergency Management Agency (FEMA) to Local and State first responders. 2.0 Scope/Objective. Deliver three (3) resident 32 hour Incident Response to Terrorist Bombing (IRTB) courses to the Los Angeles Police Department with an emphasis on their unique public transportation issues. Estimated class sizes will be approximately fifty (50) students. 3.0 Tasks. In accordance with the above referenced RFP the contractor shall provide the necessary resources (except for those identified as Government Furnished Property) to support the following tasks: A) Conduct 3 IRTB courses which are four (4) days long and run concurrently over a one week period. Each class requires two (2) part‐time Subject Matter Expert (SME) instructors. Each SME will be required to work 32 hours each per course. B) Ensure business casual dress requirements will be enforced for all individuals teaching or working with the participants. Instructors will wear approved colors to distinguish them from the students. Usually black or blue shirts and tan pants are worn. 100% cotton will be required for individuals that will come in contact with energetic materials. C) Provide course instructors who have substantial documented experience and specialized technical expertise in subject matter areas of these courses. Resident course instructors assigned to deliver training concerning explosives must have completed military, state public service, or federal explosives ordnance disposal training (EOD). Provide information to NMT/EMRTC for approval. D) Contractor will be responsible to perform training functions in the classroom, field presentations, and to provide assistance to NMT staff with other functions as required in the RFP. E) Contractor will capture key and operational specific contractor personnel and equipment related to the above task order. F) Contractor will provide a total compensation plan setting forth salaries, fringe benefits, and overhead rates proposed for employees who will work under this task order. All hourly rates should be fully loaded. List the fringe (asked for above, but this includes more detail) benefits and estimated per hour cost for exempt and non‐exempt personnel, i.e. holidays, sick leave, vacation, severance, pensions, insurance (hospital, disability, medical, dental, and life, etc). List any other significant fringe benefits not listed above. Provide a detailed cost breakdown for all associated costs required to complete the Task Order. G) Contractor should describe in detail what tactics, training and procedures they will utilize to complete this task order. 4.0 Place of Performance. Contractor shall perform work under this task order at the NMT/EMRTC‐owned or rented facilities. There is no requirement for contractor personnel to handle any hazardous material. The contractor will be required to work within an active explosive range. NMT/EMRTC will provide proper protective equipment and safety instructions. 5.0 Travel. Travel shall be reimbursed in accordance with the applicable federal travel regulations as stated in this RFP. Contractor shall provide travel costs including transportation, per diem, auto rental or other such expenses. 6.0 Government Furnished Property. NMT/EMRTC will provide the contractor with computer, over‐head projector, Internet access and administrative support for the project as required, while working on‐site at NMT/EMRTC. The contractor shall not use NMT/EMRTC furnished material or equipment to work on projects other than those directed by this performance work statement. NMT/EMRTC furnished equipment provided to the contractor will be returned to NMT/EMRTC in good working order. 7.0 Technical Point of Contact (TPOC): Name Address Phone # Fax # Email Address
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Attachment H Task Order 2 Functional Area 1.0 Background. New Mexico Tech manages and delivers training courses sponsored by the National Domestic Preparedness Consortium (NDPC), under the guidance of the National Training and Education Division (NTED) of the Federal Emergency Management Agency (FEMA) to Local and State first responders. 2.0 Scope/Objective. Deliver one (1) direct delivery course, eight (8) hours long consisting of the Initial Law Enforcement Response to Suicide Bombing Attacks (ILERSBA) training to the Metropolitan Police Service in London, England. The course should address local issues and concerns with an expected audience of two hundred (200). 3.0 Tasks. In accordance with the above referenced RFP the contractor shall provide the necessary resources (except for those identified as Government Furnished Property) to support the following tasks: A) Conduct 1 ILERSBA course which is one (1) day long. This course requires two (2) part‐time Subject Matter Expert (SME) instructors. Each SME will be required to work eight (8) hours each per course. B) Ensure business casual dress requirements will be enforced for all individuals teaching or working with the participants. Instructors will wear approved colors to distinguish them from the students. Usually black or blue shirts and tan pants are worn. 100% cotton will be required for individuals that will come in contact with energetic materials. C) Provide course instructors who have substantial documented experience and specialized technical expertise in subject matter areas of this course. Direct Delivery course instructors assigned to deliver training concerning explosives must have completed military, state public service, or federal explosives ordnance disposal training (EOD). Provide information to NMT/EMRTC for approval. D) Contractor will be responsible to perform training functions in the classroom and to provide assistance to NMT staff with other functions as required in the RFP. E) Contractor will capture and identify key and operational specific contractor personnel and equipment needed to perform the above task order. F) Contractor will provide a total compensation plan setting forth salaries, fringe benefits, and overhead rates proposed for employees who will work under this task order. All hourly rates should be fully loaded. List the fringe (asked for above, but this includes more detail) benefits and estimated per hour cost for exempt and non‐exempt personnel, i.e. holidays, sick leave, vacation, severance, pensions, insurance (hospital, disability, medical, dental, and life, etc). List any other significant fringe benefits not listed above. Provide a detailed cost breakdown for all associated costs required to complete the Task Order. G) Contractor should describe in detail what tactics, training and procedures they will utilize to complete this task order. 4.0 Place of Performance. Contractor shall perform work under this task order at the Metropolitan Police Service training facility. There is no requirement for contractor personnel to handle any hazardous material. 5.0 Travel. Travel shall be reimbursed in accordance with the applicable federal travel regulations as stated in this RFP. Contractor shall provide travel costs including transportation, per diem, auto rental or other such expenses. 6.0 Government Furnished Property. NMT/EMRTC will provide the contractor with computer, over‐head projector, and administrative support for the project as required. The contractor shall not use NMT/EMRTC furnished material or equipment to work on projects other than those directed by this performance work statement. NMT/EMRTC furnished equipment provided to the contractor will be returned to NMT/EMRTC in good working order. 7.0 Technical Point of Contact (TPOC): Name Address Phone # Fax # Email Address
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