New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.12 - PROPOSAL SUBMISSION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Two-part proposal submissions. In addition
				to any requirements imposed by 1.4.1.29 NMAC through 1.4.1.47 NMAC, or
				otherwise specified in the request for proposal document, RFPs issued under
				this rule shall instruct offers to submit two-part, two-volume written
				proposals. Each volume shall be submitted in a separate sealed envelope or
				package and offerors shall be instructed to clearly label each volume with
				their name, address and date of submittal and prominently identify each as:
				volume I: technical proposal and volume II: price proposal.
B. Restrictions regarding opening of
				proposals. Price proposals shall remain sealed until the using agency has
				completed its evaluation of the technical proposals for all offerors and has
				prepared final technical scores as required by this rule.
C. Representations in RFP process. All RFP
				documents executed in connection with an RFP issued pursuant to this rule shall
				contain an acknowledgement and certification section with the following
				provisions.
(1) All RFP documents shall be
				signed by a director, officer or manager of the submitting firm who has
				sufficient knowledge to fully address all matters and respond to all inquiries
				included in RFP documents.
(2) The
				submitting firm shall represent that the information provided in the RFP
				documents is truthful, accurate and complete and that the firm and individual
				responsible for the submission shall be fully responsible for and bound by all
				information, data, certifications, disclosures and attachments included in the
				RFP documents.
(3) The submitting
				firm further understands:
(a) the information
				and data provided in connection with the RFP documents, as well as any other
				relevant information obtained from any other sources regarding the firm, may be
				reviewed to determine whether it qualifies as a responsible contractor pursuant
				to 1.4.1.47 NMAC and whether its offer represents the best value to using
				agency;
(b) a firm's failure to
				meet responsibility standards or provide requested information may render it
				ineligible to perform work on the prospective procurement contract;
(c) the submitting firm acknowledges its
				obligation to carefully review and complete, and, when applicable, update the
				RFP documents;
(d) the omission of
				any material fact concerning requested or submitted information, or the
				submission of any material false or misleading statement, or misrepresentation
				of a material fact concerning any requested or submitted information, may lead
				to the disqualification of the proposal.
(4) The submitting firm agrees that if it is
				awarded the contract, the RFP documents, and all terms and conditions specified
				therein, and all information, data, certifications and disclosures included in
				the RFP documents, shall be incorporated into the contract.
(5) The submitting firm further understands
				that if is determined that it has intentionally or recklessly failed to
				disclose requested information, or has intentionally or recklessly made a false
				statement, misrepresentation, or omission regarding a material fact relating to
				the RFP documents, the firm may be declared in default of contract and any such
				conduct shall provide the using agency with grounds to terminate the contract
				and/or withhold full or partial payment and/or impose any sanctions or
				penalties, as deemed appropriate and available under New Mexico law.