Request for
Proposal
No. 217
RFP Title
Web Site Re-Design
Issue Date
March 26, 2012
Closing Date & Time
April 12, 2012, 4:00 PM Local Time
Mail or Hand Deliver
Sealed Responses To
Eastern New Mexico University
Purchasing Station 50
1500 Sesame St Dr
Portales, NM 88130
Procurement Officer
Scope of Work
Clarification
Jane Blakeley (575) 562-2425
Sheila Farquer (575) 257-2120 x 378
Eastern New Mexico University, Ruidoso (hereafter referred to as ENMU-Ruidoso) a New Mexico
public higher education institution invites qualified bidders (hereafter call Offerors) to submit
proposals in accordance with the outline and specifications contained herein. The intent and
purpose of this procurement is to establish a contract with a qualified vendor who can provide
website re-design and maintain services for the College. If you have experience and are
interested in providing these services, please submit a proposal for this work based on the
information presented in this RFP 217.
We are requesting that you prepare a brief response based on the Request for Proposal and
accompanying information. The proposal should address your interest to satisfy the College’s
objectives established for this effort. The proposal should also clearly demonstrate your
capability to achieve the scope of work. It is, therefore, important that you list all key individuals
that you would assign to the project and define an approach that would be used to implement
this service. Careful review of the RFP is highly recommended to ensure a responsive
submittal. This RFP was prepared in accordance with current State Procurement Statutes.
Eastern New Mexico University feels this format for an RFP is objective and represents a
comprehensive and fair system for evaluation of your submittals. Should you require further
information, please feel free to contact the Procurement Officer.
For additional information concerning the “Scope of Work”, please contact Sheila Farquer,
Director of Business Affairs, at 575-257-2120, ext 378.
Copies of the Request for Proposals can be obtained in person at the Office of the Purchasing
Director, ENMU, Station 50, Portales, NM 88130 or will be mailed upon written or fax request to
Jane Blakeley.
Eastern New Mexico University reserves the right to accept or reject any or all proposals and to
waive all formalities.
Eastern New Mexico University is an affirmative action and equal opportunity employer. The
University does not discriminate on the basis of race, color, national origin, sex or handicap in
its programs, activities, or employment. Persons seeking additional information about the
University’s nondiscrimination policy should contact the Director of Human Relations/Affirmative
Action Officer at: Eastern New Mexico University, Station 2, Portales, NM 88130-7402
The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA, 1978 imposes civil
and criminal penalties for code violations. In addition the New Mexico criminal statutes
impose felony/penalties for illegal bribes, gratuities and kickbacks
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SECTION 1
GENERAL INFORMATION
TABLE OF CONTENTS
Section 1
General Information
page 2
Section 2
Scope of Work
page 3
Section 3
Evaluation Criteria
page 9
Section 4
Instruction to Offerors
page 11
Section 5
General Terms and Conditions
page 16
Section 6
Agreement Terms and Conditions
page 16
Exhibit A
Gramm-Leach Bliley Act
page 20
PROPOSAL REVIEW SCHEDULE
Issuance of Proposal Packet
March 26, 2012
Pre-proposal Conference
N/A
Qualification Submittal Deadline
April 12, 2012
Evaluations of Qualifications
April 16 - 17, 2012
Notification of Finalists
April 20, 2012
Oral Presentations and Cost Proposal Deadline
May 18, 2012
Award Notification
May 2012
Finalize Agreement
June 2012
PROPOSAL REVIEW SCHEDULE
OTHER INFORMATION
Number of Copies: One (1) original and three (3) copies
Published:
Ruidoso News and Albuquerque Journal
Contract Term:
one year, until project is completed, up to four years on maintenance
DATES AFTER THE PROPOSAL DEADLINE ARE TENTATIVE
AND ARE SUBJECT TO CHANGE WITHOUT NOTICE
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SCOPE OF WORK
1.1
SCOPE OF WORK:
ENMU-Ruidoso seeks a vendor to develop, implement, host and provide ongoing support and
maintenance for the ENMU-Ruidoso Web site. The selected vendor shall design and produce
web pages for the Internet site, provide optional design documentation and training to assist
with operation and maintenance. The resultant site and all content related thereto is to be the
property of ENMU-Ruidoso.
The vendor/ISP with option of the ENMU-Ruidoso staff will assist in maintaining and updating
information on the pages and implement the site with its host. The term of this contract is for
one year from notice to proceed, including a maximum of six months to attain acceptance of the
website development and implementation, for 1 maintenance of the web site as described in
Section 3.04 Maintenance. Four (4) one year options for maintenance may be exercised at
ENMU-Ruidoso sole discretion. Additionally, a text-only web site shall be required for our
physically impaired customers.
ENMU-Ruidoso has already invested resources into the use of (Dreamweaver3) for the
development and support of the current Web site but there are no requirements to continue to
use this tool since the Vendor/ISP will provide ongoing support and maintenance with the option
of transitioning to ENMU-Ruidoso anytime. ENMU-Ruidoso will provide:
• Site list of pages
• PDF, Word, Access, Excel, video, MP3/4 or hard copy files for manuals and forms
• Logo and promotional materials
• Assistance in the selection of designs and color schemes
• Content review and approval
1.2
GRAMM-LEACH BLILEY ACT
Protection of Customers information shall apply. Refer to Exhibit A.
1.3
BACKGROUND:
The overarching mission of ENMU- Ruidoso is to enhance the lives of our students and the
communities we serve, now and into the future.
Eastern New Mexico University-Ruidoso Branch Community College combines a traditional
learning environment with twenty-first century instructional technology to provide an enhanced
educational experience. ENMU-Ruidoso emphasizes liberal learning, freedom of inquiry,
cultural diversity and whole student life. Scholarships, cultural enrichment, excellent teaching
and enriched learning define the college community’s relationship and contributions.
The mission of ENMU-Ruidoso Branch Community College includes seven purposes:
• To offer general academic studies for students wishing to transfer to a University
• To offer career and technical education programs leading to gainful employment for
students in their chosen field
• To offer a dual credit enrollment, Early College Program for qualified high school
students
• To offer workforce education and training services and provide institutional leadership in
the economic development of the region
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To offer programs of instruction leading to Associate degrees and Certificates of
Completion
To offer lifelong learning opportunities for all citizens through continuing education and
community service programs
To offer adult basic education for those wishing to achieve literacy skills, completion of a
high school equivalency diploma and English proficiency
ENMU-Ruidoso FOCUS
• Prepare students for meaningful careers and advanced study
• Impart citizenship and leadership for the betterment of the community
• Support and expand the role of higher education and excellent teaching
• Empower citizens to respond to a rapidly changing world
• Contribute to the economic viability and well-being of our community
1.4 ENVIRONMENT:
ENMU-Ruidoso’s web page is currently hosted by ENMU-Portales. ENMU-Ruidoso’s URL is:
• http://www.ruidoso.enmu.edu
Until ENMU-Ruidoso chooses a different host or decides to deploy its own web server, all
development shall adhere to WhidbeyNet’s terms and conditions. Information on WhidbeyNet’s
terms and conditions can be found at this address:
• http://www.whidbey.net/servsup/terms/html
ENMU-Ruidoso’s current web account is limited to 1 TB of disk space, and is managed by
transferring content to the web server using a file transfer protocol (FTP) application.
2.1 REQUIRED TASKS:
2.1.1
Design Process.
Successful bidders shall provide the following:
a. Design site layouts-develop the hypertext structure and organize the content for
ease of use
b. Create a cohesive graphics design (visual theme, color scheme, etc) based on
ENMU-Ruidoso requirements corresponding to the related course schedule design
c. Adapt any existing ENMU-Ruidoso promotional materials (logos, color schemes, et.) to
create site’s graphical design
d. Design site navigation tools, buttons, menu bars, icons, etc…
e. Create links to related Internet sites researched and approved by the Project
Manager
f. Create various on-site services and features which may include links to search
engines, a site index and a site map
g. Adapt forms, manuals, etc…already in use at ENMU-Ruidoso to the new web site
h. Create site help pages, guided tour, tutorials, etc…
i. Provide active content which may include animation, ensuring browser compatibility,
especially with Netscape, Firefox, Google Chrome, Explorer, hand-held devices, and
smart phone browsers
j. Perform a limited round of use and security testing for site with representative of the
intended user group and make final adjustments
k. Develop a web site that can be easily maintained and updated by staff, vendor/ISP
and provide documentation for this function
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l.
Develop a text only site which meets federal standards for handicapped accessibility.
(Federal guidelines, Section 508) Information can be found at this web site:
www.usability.gov
m. Develop web site maintenance documentation that provides the information
necessary to allow ENMU-Ruidoso staff and or vendor/ISP to update and maintain the
web sites, and that allows for future re-designs of the sites
n. Provide input on avenues to achieve e-commerce for registration, billing, books,
etc…, such as
a. Bookstore online purchases,
b. Community education-ability to purchase non-credit class
2.1.2
Maintenance.
Provide support for ongoing services that may include but are not limited to the following:
a. Service change three times per year, and coincide with schedule design changes
b. Updating and posting campus info weekly
c. Special events, heavy graphics, and registration schedule
d. Employment updates-consists of updating job openings page
e. Emergency situations (snow closures, accidents, etc…) as needed on a 24/7 basis
consists of approximately one paragraph of text and a headline
f. Agenda updates for board meetings, special board meetings and workshops
(approximately 20 times per year) consists of one page of text
g. Procurement updates (RFPs, ITBs, quotes) as needed
h. Minor changes as may be needed with a four-hour turn around
i. Maintain and upgrade web site software and apps to keep site secure and current
2.1.3
Training Manual.
The successful bidder shall also prepare an update/training manual, which shall address but not
be limited to the following:
a. Process for delivering content to service provider
2.2
DESIGN PROCESS:
The design process will follow the site design process in this section
• Site definition and planning
• Information architecture
• Site design
• Site construction
• Site marketing
• Tracking, evaluation, and maintenance
2.2.1 Site Definition and Planning
2.2.1.1 Goals and objective of Web Site
To create a powerful marketing tool that works for the college to deliver information
and services to students, staff and the community for both on and off campus.
2.2.1.2 Scope of Site Content
2.2.1.2.1 Interactive Functionality and Technology Support Required
a. Browser and operating systems the website will support
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•
•
Windows, Mac, UNIX, Linux, Droid, Google Chrome
Netscape Navigator, Internet Explorer, Firefox; minimum versions supported
b. Network bandwidth of average site visitors
• Internal audience (Intranet) and External audience (Internet)
• Ethernet and high-speed connections typical of large organizations
• ISDN, DSL high-speed, medium-speed connections typical of suburban
homes
• Modern and DSL connections for rural, international, or remote locations
c. Dynamic HTML (Hyper-Text Markup Language) and advanced features
• JavaScript or vbscript required, as applicable
• Java applets required
• Style sheets required
• Third-party browser plug-ins required
• Special features of the UNIX or NT server environments required
• Special security or confidentiality features required
2.2.1.2.2 How will readers reach the support personnel?
• E-mail messages from readers
• Help Desk/Service Desk or phone support
• Chat Services
2.2.1.2.3 Database support
• User log-ins required to enter any secured or intranet site areas
• Questionnaires may be required
• Search and retrieval from databases may be needed
2.2.1.2.4 Audiovisual content
• Video and audio productions will be required
2.2.1.2.5 Web Server Support
• Vendor or ISP will host and support site
o Unique domain names available (make them multihoming)
o Disk space and site traffic limitations or extra costs need to be
included in proposal
o Vendor/ISP must provide adequate capacity to meet site traffic
demands including growth
o Twenty-four hour, seven-days-a-week support and maintenance
required
o Vender/ISP must provide easy accessible statistics on users and site
traffic
o Server log analysis should be done by vendor
o All current and planned search engines should work on this site
o Common Gateway Interface, programming, and database middleware
support should be included and available
o Database support and coordination and ENMU-Ruidoso staff is required
2.3 Information Architecture
a. Detail the content and organization of the Web site
b. Inventory all existing content, describe what new content is required, and define the
organizational structure of the site
c. Prototype Build
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•
d.
Build small prototypes of parts of the site to test what it looks and feels like to
move around within the design
Vendor deliverables at the end of this stage
• Detailed site design and specification
• Detailed description of site content
• Site maps, thumbnails, outlines, table of contents
• Detailed technical support specifications
• Browser technology supported (PC, Mac, smartphones…)
• Connection speed supported
• Web server and server resources
• Proposals to create programming or technology to support specific features
of site
• A schedule of implementing the site design and construction
• One or more prototypes of multiple pages
• Multiple graphic design and interface design sketches or roughs
2.3.1 Site Design
a.
Required deliverable from vendor at this stage of design process/project
• Content components, detailed organization and assembly
• Text, edited and proofed
• Graphic design specifications for all page templates
o Finished interface graphics for page types
o Header and footer graphics, logos, buttons, backgrounds
• Detailed page comps or finished examples of key pages
o Site graphic standards manual
• Interface design and master page grid templates completed
o Finished HTML template pages
• Illustrations
• Photography
• Functional and logic components
• JavaScript scripts, Java applets designed
• Database tables and programming, interaction prototypes completed
• “Apps” interfaces to above items complete
• Search engine designed and tested
b.
Templates
• Vendor will develop page templates
• Determine and select web site development software package(s) and
standard reusable libraries of site graphics and HTML that make it easier to
create new pages and maintain the site ongoing.
c.
Accessibility
• Providing equal access to web pages
o Validate designs and page templates and the content of the site
throughout the development process to ensure that site pages are
accessible to all users
o Check the accessibility of the web pages with Web Accessibility
Initiative (W3I) web page (W3C) website (IBM)
d. Security
• Ensure site and users are secure, e.g. screen scrapers, man-in-the-middle
scam, etc.
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2.4 Site Construction
Required deliverable from vendor at this stage of site construction process/project
• Finished HTM for all Web pages, all page content in place
• Finished navigation link structure
• All programming/Apps in place and linked to pages, ready for beta testing
• All database components in place and linked to site pages
• All graphic design, illustration, media (movies, pictures, audio) in place
• Final proofreading of all site content
• Detailed testing of database and programming/Apps functionality
• Testing and verification of database reporting features
• Testing of site reader support procedures, answering email, etc…
• Archives of all site content components, HTML code, programming/Apps
code, and any other site development materials
2.4.1 Site Acceptance Test
Final acceptance Test will be conducted by ENMU-Ruidoso designated testers
• The Final Acceptance Test will cover the following
o Detailed testing of database and programming/Apps functionality
o Testing of site reader support procedures, answering email, etc…
o Archives of all site content components, HTML code,
programming/Apps code, and any other site development materials
o Sign-off that the Acceptance Test is approved will be by designated
ENMU-Ruidoso agent.
2.4.2 Site Marketing
a. The Web site should be an integral part of all marketing campaigns and ENMU-Ruidoso
communication programs, and the URL for the ENMU-Ruidoso site should appear
on every piece of correspondence and marketing collateral ENMU-Ruidoso
generates
b. Ensure site is listed in standard Web indexes such as Google, Yahoo…
c. Find opportunities to cross-promote the ENMU-Ruidoso site with help from vendor
2.4.3 Tracking, Evaluation, and Maintenance
a. Tracking and evaluation by vendor
• Vendor will provide site analysis services, tools, software and reports for
tracking and evaluating
o How many people (unique visitors) saw ENMU-Ruidoso site over a
given time
o How many pages were requested for viewing
o Where did the viewers come from?
o More…
• Develop quantitative data on the success of the ENMU-Ruidoso site
o Logs can tell
 What pages were most popular
 What brands and versions of Web browsers people use to
view the site
 Geographical location of site readers
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o
b.
The vendor ISP must archive all site logs for long-term analysis and
should be prepared to add or change the information categories being
logged as ENMU-Ruidoso interests and needs change
Maintenance
• Content update to production site will be performed by the vendor/ISP as
authorized by the ENMU-Ruidoso Content Manager (Marketing Department)
• Web page add-ons, changes, re-design will be performed by the vendor/ISP
working with ENMU-Ruidoso
• Vendor will be responsible to keep links in working order with ENMU-Ruidoso
coordination
• Vendor will inform and work with ENMU-Ruidoso to keep the site current with new
technology
• The vendor/ISP will be responsible to regularly (once a day) back up site onto a
secure and reliable storage medium to ensure that a catastrophic hardware
failure in the Vendor/ISP Web server does not wipe out the ENMU-Ruidoso Web
site.
SECTION 3 - EVALUATION CRITERIA
3.0
EVALUATION OF QUALIFICATION AND PROPOSAL
This section of the proposal contains specifications and other relevant information to be used by
Offerors in preparation of their proposal.
It is the intent of ENMU-Ruidoso to obtain “Best and Final Offer”. The requirements of the
Statement of Qualifications, Proposals and Demonstration are set forth below. The weight the
Selection Committee will give each factor in their review of qualifications and proposals are
provided. The Selection Committee may, at its option, request additional information to
determine Respondent’s responsibility if the need arises during the Selection Committee’s
evaluation of qualifications and proposals.
STEP ONE:
3.1
Requirement for providing responses to Request for Qualifications.
Each Respondent must reply to the questions listed below in order asked. Pay
attention to specific requests for information. All statements of qualifications
shall be single bound in 8-1/2 x 11 format; four (4) copies are required. The
submittals shall be organized in manner that will enable the Selection Committee
to quickly access pertinent information. Submit copies of Statement of
Qualifications by mail or messenger, no later than 4:00 PM, April 12, 2012.
Jane Blakeley
ENMU Purchasing Department
1500 S Ave K, Station 50 (campus post office)
1500 Sesame St Dr, Station 50 (physical address)
Portales NM 88130
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Letter of Interest: Respondents shall submit a letter of interest signed by a
Principal of the firm or individual. The letter of interest shall be no more than two
(2) pages long. The letter of interest shall forward information requested in
Section 4.
The following are the components Respondents need to address to the best of
their ability for review by the Selection Committee.
Qualifications:
Maximum of 40 points
A.
Overall Experience
Describe general experience with development and support of web sites,
including names and years of experience of key technical personnel and
response time history (0 to 20 possible pts)
B.
Related Experience
Discuss briefly prior experience with other organization(s) similar to the
size of the College that relates to accomplishing the scope of work
contained in Section 2. Include details on support services provided,
including expected turnaround time. This portion of the proposal should
demonstrate the extent to which the Offeror is qualified to perform the
scope of work outlined in RFP. (0 to 15 possible pts)
C.
References
Offerors must provide two (2) business references. Reference
identification shall include entity name, address, telephone number;
contact name and a brief synopsis of Offeror’s service relationship.
(0 to 5 possible pts)
STEP TWO:
3.2
Demonstration
Maximum of 35 points
After evaluating the Statement of Qualifications received in response to this
Request, and after receiving and scoring the Proposal described in Section 3.1
above, the Selection committee will invite up to three of the highest ranking
Respondents in for demonstrations of their product. Each selected Offeror will
have a maximum of 1-1/2 hours to present their product.
Should you or your firm be invited to do a demonstration, questions will be
directed to you or your proposal team by the Selection Committee.
D.
3.3
Prototype Website
Offerors must be prepared to demonstrate a prototype website; finalists
will present their product in a live demonstration on May 18, 2012, at
ENMU-Ruidoso, 709 Mechem Drive, Ruidoso, NM 88345.
(0 to 35 possible pts)
Cost Proposal
E.
Maximum of 25 points
Cost Proposal
Provide a fixed rate price proposal. All price proposals shall be through
successful acceptance of the web site per section 2.4.1, Site Acceptance
(0 to 25 possible pts)
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Respondents will state their Fees by submitting a Cost Proposal. It will be
submitted in a sealed envelope at time of presentation. It will be scored, based
on the lowest Cost Proposal being given 25 pts and so on.
Sample: $10,000 (low bid) divided by $12,000 (second lowest) bid = 80%.
25 (total possible pts) x 80% = 20 points for second lowest bid
Cost Proposal Deadline: May 18, 2012. Cost Proposal will be submitted
in a separate envelope at time of presentation.
SECTION 4
INSTRUCTIONS TO OFFERORS
NOTICE TO PROPOSER
PROPOSAL SUBMITTAL FORMAT SEE SECTIONS 4.3
Non-compliance shall result in a non-responsive proposal.
4.1
DEFINITIONS AND TERMS
4.1.1 Addendum: a written or graphic instrument issued prior to the opening of Proposals
which clarifies, corrects, or changes the Request for Proposals. Plural: addenda.
4.1.2 Consultant: means the Successful Offeror awarded the Agreement/Contract.
4.1.3 Determination: means the written documentation of a decision of the procurement
officer including findings of fact required to support a decision. A determination becomes
part of the procurement file to which it pertains (13-1-52 NMSA 1978).
4.1.4 Offeror: any person, corporation, or partnership legally licensed to provide professional
services in this state, who chooses to submit a proposal in response to this Request for
Proposals.
4.1.5 Procurement Manager: means the person or designee authorized by the Eastern New
Mexico University to manage or administer a procurement requiring the evaluation of
proposals.
4.1.6 Request For Proposals: or “RFP” means all documents, including those attached or
incorporated by reference, used for soliciting proposals (13-1-81 NMSA 1978).
4.1.7 Responsible Offeror or Proposer: means an offeror or proposer who submits a
responsive proposal and who has furnished, when required, information and data to prove
that his financial resources, production or service facilities, personnel, service reputation
and experience are adequate to make satisfactory delivery of the services described in
the proposal (13-1-83 NMSA 1978).
4.1.8 Responsive Offer or Proposal: means an offer or proposal which conforms in all
material respects to the requirements set forth in the request for proposals. Material
respects of a request for proposals include, but are not limited to, price, quality, quantity
or delivery requirements (13-1-85 NMSA 1978).
4.1.9 The terms must, shall, will, is required, or are required, identify a mandatory item or
factor. Failure to comply with a mandatory item or factor will result in the rejection of the
offeror’s proposal.
4.1.10 The terms can, may, should, preferably, or prefers identify a desirable or discretionary
item or factor.
4.2
REQUEST FOR PROPOSAL DOCUMENTS
4.2.1 COPIES OF REQUEST FOR PROPOSALS
4.2.1.1 A complete set of the Request for Proposals may be obtained from the ENMU
Purchasing Office as stated in the RFP Notice.
4.2.1.2 A complete set of the Request for Proposals shall be used in preparing proposals;
Eastern New Mexico University assumes no responsibility for errors or
misinterpretations resulting from the use of an incomplete set of the Request for
Proposals.
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4.2.2
4.2.3
4.3
4.2.1.3 A copy of the RFP shall be made available for public inspection and shall be
posted at the Purchasing Office of Eastern New Mexico University.
INTERPRETATIONS
4.2.2.1 All questions about the meaning or intent of the Request for Proposals shall be
submitted to the Purchasing Agent, Eastern New Mexico University in writing.
Replies will be issued by Addenda mailed or delivered to all parties recorded by
the Purchasing Agent having received the Request for Proposals. Questions
received less than five days prior to the date for opening of proposals will not be
answered. Only questions answered by formal written addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect.
4.2.2.2 Offerors should promptly notify the University of any ambiguity, inconsistency, or
error, which they may discover upon examination of the Request for Proposals.
ADDENDA
4.2.3.1 Addenda will be mailed, by facsimile or hand delivered to all whom are known by
the University to have received a complete set of Request for Proposals.
4.2.3.2 Copies of Addenda will be made available for inspection wherever Request for
Proposals are on file for that purpose.
4.2.3.3 No Addenda will be issued later than 5 days prior to the date for receipt of
Proposals, except an Addendum withdrawing the Request for Proposals or one
which includes postponement of the date for receipt of Proposals.
4.2.3.4 Each Offeror shall ascertain, prior to submitting the Proposal, that the Offeror has
received all Addenda issued, and shall acknowledge their receipt in the Proposal
transmittal letter.
PROPOSAL SUBMITTAL PROCEDURES
4.3.1 NUMBER, FORM AND STYLE OF PROPOSALS
4.3.1.1 Offerors shall provide one (1) original and three (3) copies of their proposal to
the location specified on the cover page on or before the closing date and time for
receipt of proposals.
4.3.1.2 All proposals must be typewritten on standard 8 1/2” x 11” paper (larger paper,
folded is permissible for charts, spreadsheets etc.) and bound with tabs
delineating each section.
4.3.1.3 The proposal must be organized and indexed in the following format and must
contain, as a minimum, all listed items in the sequence indicated:
1) Letter of Transmittal (the letter must)
a) Identify the submitting individual or organization,
b) Identify the name and title of the person(s) authorized by the
organization to contractually obligate the organization,
c) Identify the names, titles, and telephone numbers of the
persons to be contacted for clarification,
d) Explicitly indicate acceptance of the terms and conditions of the RFP,
e) State the offer, terms and conditions set forth in the proposal
response will remain in effect for at least sixty (60) days from the
deadline for submission of proposal,
f) Acknowledge receipt of any addenda, and,
g) Be signed by the person authorized to contractually obligate the
organization.
2) Table of Contents
3) Proposal Summary
4) Responses to Statement of Qualifications (Section 3.0A, B & C)
5) Responses to Prototype Website (Section 3.0D)
6) Cost Proposal (Section 3.0E)
7) Any additional pertinent information.
4.3.1.4 Any Proposal that does not adhere to this format, and which does not
address each specification or requirement within the RFP may be deemed
non-responsive and rejected on that basis.
4.3.1.5 Offeror may request in writing nondisclosure of confidential data. Such data
should accompany the proposal and should be readily separable from the
proposal in order to facilitate eventual public inspection of the non-confidential
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portion of the proposal. A request that states that the entire proposal be kept
confidential will not be acceptable. Only matters which clearly are of a
confidential nature will be considered.
4.3.1.6 Any cost incurred by the Offeror in preparation, transmittal, presentation of any
proposal or material submitted in response to this RFP shall be borne solely by
the Offeror.
4.3.1.7 A pre-proposal conference will not be held.
4.3.2
4.3.3
SUBCONSULTANTS
4.3.2.1 The Offeror shall list and state the qualifications for each sub-consultant the
Offeror proposes to use for all subcontracted work.
4.3.2.2 The Offeror is specifically advised that any person or other party to whom it is
proposed to award a subcontractor under this proposal, must be acceptable to
the ENMU-Ruidoso after verification by the University of the current eligibility status,
including but not limited to suspension or debarment by the University.
SUBMITTAL OF PROPOSALS
4.3.3.1 Proposals “Request for Qualifications” section 3.0 shall be submitted at the time
and place indicated in the Notice of Request for Proposals and shall be included
in an opaque sealed envelope.
4.3.3.2 The envelope shall be addressed to the Purchasing Agent of Eastern New
Mexico University. The following information shall be provided on the front lower
left corner of the envelope: Project Title, Request for Proposals number date of
opening, and time of opening. If the Proposal is sent by mail, the sealed
envelope shall have the notation “SEALED PROPOSAL ENCLOSED” on the
face thereof.
4.3.3.3 Proposals received after the date and time for receipt of Proposals will be
returned unopened.
4.3.3.4 The Offeror shall assume full responsibility for timely delivery of proposals at the
Purchasing Officer’s office, including those proposals submitted by mail. Handdelivered proposals shall be submitted to the Purchasing Officer or his designee
and will be clocked in/time stamped at the time received, which must be prior to
the time specified.
VIA MAIL or HAND DELIVERED
Eastern New Mexico University
Purchasing Office, Station 50
1500 Sesame St Dr
Portales, NM 88130
Attn: RFP 217
NOTE: USE OF THE MAIL SERVICE IS AT YOUR OWN RISK FOR PROPER
DELIVERY.
4.3.3.5 After the date established for receipt of proposals, a register of proposals will be
prepared which includes the name of each Offeror, a description sufficient to
identify the service, and such other information as may be specified by the
Purchasing Officer.
4.3.3.6 Oral, telephonic, or telegraphic proposals are invalid and will not receive
consideration.
4.3.4
CORRECTION OR WITHDRAWAL OF PROPOSALS
4.3.4.1 A Proposal containing a mistake discovered before proposal opening may be
modified or withdrawn by an Offeror prior to the time set for proposal opening by
delivering written or telegraphic notice to the location designated in the Request
for Proposals as the place where Proposals are to be received.
4.3.4.2 Withdrawn Proposals may be resubmitted up to the time and date designated for
the receipt of Proposals, provided they are then fully in conformance with the
Request for Proposals.
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4.4.
4.3.5
NOTICE OF CONTRACT REQUIREMENTS BINDING ON OFFEROR
4.3.5.1 In submitting this proposal, the Offeror represents that the Offeror has
familiarized himself with the nature and extent of the Request for Proposals
dealing with federal, state, and local requirements, local conditions which are a
part of these Request for Proposals.
4.3.5.2 Laws and Regulations: The Offeror’s attention is directed to all applicable federal
and state laws, local ordinances and regulations and the rules and regulations of
all authorities having jurisdiction over the services of the Project.
4.3.6
REJECTION OR CANCELLATION OF PROPOSALS
4.3.6.1 This Request for Proposals may be canceled, or any or all proposals may be
rejected in whole or in part, when it is in the best interest of the University. A
determination containing the reasons therefore shall be made part of the RFP file
(13-1-131 NMSA 1978).
CONSIDERATION OF PROPOSALS
4.4.1 RECEIPT, OPENING AND RECORDING
4.4.1.1 Proposals received on time will be opened in the presence of two (2) or more
witnesses (ENMU employees), but will not be opened publicly.
4.4.1.2 The names of all businesses submitting proposals and the names of all
businesses, if any, selected for interview shall be public information. After an
award has been made, final ranking and evaluation scores for all proposals shall
become public information. (13-1-120 NMSA 1978). The contents of any
proposal shall not be disclosed so as to be available to competing Offerors during
the negotiation process (13-1-116 NMSA 1978).
4.4.2
PROPOSAL EVALUATION
4.4.2.1 Proposals shall be evaluated on the basis of demonstrated competence and
qualification for the type of service required, and shall be based on the evaluation
factors set forth in this RFP. For the purpose of conducting discussions,
proposals may initially be classified as:
1) acceptable, 2) potentially acceptable, that is, reasonably assured of being
made acceptable, or 3) unacceptable (Offeror’s whose proposals are
unacceptable shall be notified promptly).
4.4.2.2 The University shall have the right to waive technical irregularities in the form of
the Proposal of the Offeror, which do not alter the quality of the services (13-1132 NMSA 1978).
4.4.2.3 If an Offeror who otherwise would have been awarded a contract is found not to
be a responsible Offeror, a determination that the Offeror is not a responsible
Offeror, setting forth the basis of the finding, shall be prepared by the Purchasing
Agent. The unreasonable failure of the Offeror to promptly supply information in
connection with an inquiry with respect to responsibility is grounds for a
determination that the Offeror is not a responsible Offeror (13-1-133 NMSA
1978). Businesses, which have not been selected, shall be so notified in writing
within twenty-one days after an award is made (13-1-120 NMSA 1978).
4.4.2.4 Selection Process: 13-1-120 NMSA 1978)
1) The evaluation of proposals will be performed by an evaluation committee
composed of representatives selected by the Eastern New Mexico University.
The committee shall evaluate statements of qualifications and performance
data submitted by businesses in regard to the particular request and may
conduct interviews with and may require public presentation by all businesses
applying for selection regarding their qualifications, their approach and their
ability to furnish the required services.
2) The committee will select, rank in order of their qualifications which are most
qualified to perform the required services: and may choose to have the
finalist(s) make an oral presentation to the committee. The committee will
determine the schedule for the oral presentations.
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4.4.3
4.5.
NEGOTIATIONS (13-1-122 NMSA 1978)
4.4.3.1 Eastern New Mexico University designee shall negotiate a contract with the
highest qualified business for the services contemplated under this RFP at
compensation determined in writing to be fair and reasonable. In making this
decision, the designee shall take into account the estimated value of the services
to be rendered and the scope, complexity and professional nature of the services.
4.4.3.2 Should the designee be unable to negotiate a satisfactory contract with the
business considered to be the most qualified at a price determined to be fair and
reasonable, negotiations with that business shall be formally terminated. The
designee shall then undertake negotiations with the second most qualified
business. Failing accord with the second most qualified business, the designee
shall formally terminate negotiations with that business.
4.4.3.3 The designee shall then undertake negotiations with the third most qualified
business.
4.4.3.4 Should the designee be unable to negotiate a contract with any of the businesses
selected by the committee, additional businesses shall be ranked in order of their
qualifications and the designee shall continue negotiations in accordance with this
section until a contract is signed with a qualified business or the procurement
process is terminated and a new request for proposals is initiated.
4.4.4
NOTICE OF AWARD
4.4.4.1 After award by the Eastern New Mexico University, a written notice of award shall
be issued by the University with reasonable promptness (13-1-100 and 13-1-108
NMSA 1978).
4.4.5
CONTRACT TERM:
4.4.5.1 The contract term will begin as stated in the resulting ENMU contract “purchase
order”. It will be for a period of one (1) year with an option to renew the
maintenance portion annually up to three (3) additional years, subject to the
renewal options stated in the “Scope of Service”.
4.4.5.2 The RFP documents included in this packet constitute the Contract Document.
The Contractor’s signature on the proposal, which includes the General and
Supplemental Terms and Conditions, signifies a full understanding of the terms of
the Contract and an agreement to perform the work under these terms if awarded
the Contract. The award of the contract shall be made by the issuance of a
purchase order by ENMU’s Purchasing Department to the Contractor.
POST-PROPOSAL INFORMATION
4.5.1 PROTESTS
4.5.1.1 Any Offeror who is aggrieved in connection with a solicitation or award may
protest to the University’s Purchasing Officer in accordance with the requirements
of the Eastern New Mexico University Procurement Regulations and the State
Procurement Code. The protest should be made in writing within 24 hours after
the facts or occurrences giving rise thereto, but in no case later than 15 calendar
days after the facts or occurrences giving rise thereto (13-1-172 NMSA 1978).
4.5.2 EXECUTION AND APPROVAL OF AGREEMENT
4.5.2.1 The Agreement shall be signed by the Successful Offeror and returned within an
agreed upon time frame after the date of the Notice of Award. No Agreement
shall be effective until it has been fully executed by all of the parties thereto.
4.5.3 NOTICE TO PROCEED
5.5.3.1 The University will issue a written Notice to Proceed to the Offeror.
4.5.4 OFFEROR’S QUALIFICATION STATEMENT
4.5.4.1 Offeror to whom award is under consideration shall submit, upon request,
information and data to prove that their financial resources, production or service
facilities, personnel, and service reputation and experience are adequate to make
satisfactory delivery of the services described in the Request for Proposals (13-182 NMSA 1978)
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SECTION 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
PERSONNEL CONDUCT/COMPLIANCE
Any personnel executing services under the Agreement, whether they be employed by the
Contractor or a subcontractor, while on the premises of ENMU, will conduct him/herself in an
acceptable appropriate manner, and comply with all conduct and compliance policies and
procedures of ENMU. ENMU reserves the right to request immediate termination of any
personnel exhibiting inappropriate mannerisms or non-compliance with these policies and
procedures. Additional information on appropriate personnel conduct and compliance with
policies and procedures may be obtained from the Director of Human Relations/Affirmative Action
Officer: Eastern New Mexico University, Station 2, Portales, NM 88130-7402 Telephone (575)
562-2905
LICENSES AND PERMITS
The Contractor must keep him/herself informed of, and adhere to, all laws and ordinances
governing any matter related to this move. The Contractor will obtain all necessary licenses and
permits, and will be aware of all labor conditions and agreements relating to the work specified in
the RFP and shall make all provisions necessary to avoid any disputes which might arise from
those conditions and agreements and shall be responsible for any delays, damages or extra cost
caused by such disputes.
AUTHORIZED DEALERS
ENMU reserves the right to verify with the manufacturer that the Offeror is an authorized dealer
for the equipment proposed. Award will be made only to an authorized dealer; no third parties will
be considered.
SAFETY REQUIREMENTS
It shall be the Contractor’s responsibility to provide for the safety of workers and public in
compliance with the requirements of insurance and public health and safety.
FREIGHT
The freight terms shall be Freight Prepaid unless otherwise agreed to at the time of award. The
F.O.B. will be destination unless otherwise agreed to at the time of award.
TAXES
The University is exempt from Federal Excise Taxes and from New Mexico Sales Taxes on
materials, except construction materials used by a contractor. Services are not exempt. Taxes
on services should be included as a separate line item and not included in your base price offer.
Applicable taxes are excluded from the Proposal evaluation.
INSURANCE
The Contractor agrees to maintain, throughout the term of this Agreement, professional
insurance providing coverage in the amount that is in compliance with the NM Tort Claims Act for
services in which the University has contracted. The University may at anytime require Contractor
to provide documentation of said insurance.
CONTRACT UTILIZATION BY OTHER AGENCIES
In accordance with NMSA 13-1-129, bidders 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 the services outlined in this bid with the awarded bidder. Contractual
engagements accomplished under this provision shall be between the awarded bidder and the
contracting entity with no obligation by the Regents of Eastern New Mexico University.
SECTION 6
6.1
GENERAL TERMS AND CONDITIONS
AGREEMENT TERMS AND CONDITIONS
The agreement between ENMU (“Agency”) and successful Offeror (“Contractor”) shall
contain substantially the following terms and conditions. In their letter of transmittal,
bidders shall include a statement agreeing to these terms and conditions and explaining
any terms or conditions with which they do not agree.
6.1.1
SCOPE OF WORK
This portion of the agreement will be drafted following selection of the Contractor(s) to
perform services. It will incorporate all or part of the scope of work covered in RFP and
the description of services from the Offeror’s proposal.
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6.1.2
COMPENSATION
The fee for each category of personnel or type of service and the payment of expenses
shall be spelled out in the agreement. Applicable taxes shall be shown as a separate
amount on any request for payment.
6.1.3 TERM
The term of this agreement will begin as stated in the resulting Agency agreement and will
be for the term of the project as specified in the Scope of Work.
6.1.4 TERMINATION
The Agreement may be terminated by either of the parties thereto upon written notice
delivered to the other party at least thirty (30) days prior to the intended date of
termination. By such termination, neither party may nullify obligations nor liabilities
already incurred for performance or for failure to perform prior to the date of termination.
6.1.5 STATUS OF CONTRACTOR
The Contractor and its agents and employees are independent contractors performing
services for Agency and not employees of Agency. The Contractor and its agents and
employees shall not accrue leave, retirement, insurance, bonding, use of vehicles, or any
other benefits afforded to employees of Agency by virtue of the Agreement. The
Contractor acknowledges that all sums received hereunder are reportable by the
Contractor for tax purposes, including without limitation, self-employment and business
income tax. The Contractor agrees not to purport to bind the Agency unless the
Contractor has express written authority to do so, and then only within the strict limits of
that authority.
6.1.6 WARRANTY
The Contractor warrants that the recommendations, guidance and performance of any
person assigned under the Agreement shall be in accordance with sound professional
standards and ethics, and the requirements of the Agreement.
6.1.7 ASSIGNMENT
The Contractor shall not assign or transfer any interest in the Agreement, or assign any
claims for money due or to become due under this Agreement without the prior written
approval of the Agency.
6.1.8 SUBCONTRACTING
The Contractor shall not subcontract any portion of the services to be performed under
this Agreement without prior written approval of the Agency.
6.1.9 APPLICABLE LAW
The laws of the State of New Mexico shall govern this Agreement, without giving effect to
its choice of law provisions. Venue shall be proper only in a New Mexico court of
competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution
of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of
the State of New Mexico over any and all lawsuits arising under or out of the terms of this
Agreement.
6.1.10 PENALITIES FOR VIOLATION OF LAW
The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil
and criminal penalties for its violation. In addition, the New Mexico criminal statutes
impose felony penalties for illegal bribes, gratuities and kickbacks.
6.1.11 APPROPRIATIONS
The terms of the Agreement are contingent upon sufficient appropriations and allocations
being made by the Legislature of New Mexico or other funding agency. If sufficient
appropriations and authorization are not made by the Legislature or other funding agency,
the Agreement shall, notwithstanding any other provisions of the agreement, terminate
immediately upon written notice being given by the University to the Firm. Eastern New
Mexico University’s decision as to whether sufficient appropriations are available shall be
accepted by the Firm and shall be final. If ENMU proposes an amendment to the
Agreement to unilaterally reduce funding, the Firm shall have the option to terminate the
Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the
proposed amendment.
6.1.12 RECORDS AND FINANCIAL AUDITS
The Contractor shall maintain detailed records and expenditure records that indicate the
date; time, nature and cost of services rendered during the Agreement’s term and effect
and retain them for a period of three (3) years from the date of final payment under this
Agreement. The records shall be subject to inspection by the Agency, the Department of
Finance Administration and the State Auditor. The Agency shall have the right to audit
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6.1.13
6.1.14
6.1.15
6.1.16
6.1.17
6.1.18
6.1.19
6.1.20
6.1.21
billings both before and after payments. Payment under this Agreement shall not
foreclose the right of the Agency to recover excessive or illegal payments.
CONFIDENTIALITY
Any confidential information provided to or developed by the Contractor in the
performance of this Agreement shall be kept confidential and shall not be made available
to any individual or organization by the Contractor without the prior written approval of the
Agency.
MERGER
This Agreement incorporates all the Agreements, covenants and understandings between
the parties hereto concerning the subject matter hereof, and all such covenants,
Agreements and understandings have been merged into this written Agreement. No prior
Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid
or enforceable unless embodied in this Agreement.
INDEMNIFICATION
The Contractor shall defend, indemnify and hold harmless the Agency, Board of Regents
and the State of New Mexico from all actions, proceeding, claims, demands, costs,
damages, attorneys’ fees and all other liabilities and expenses of any kind from any
source which may arise out of the performance of this Agreement, caused by the
negligent act or failure to act of the Contractor, its officers, employees, servants,
subcontractors or agents, or if caused by the actions of any client of the Contractor
resulting in injury or damage to persons or property during the time when the Contractor
or any officer, agent, employee, servant or subcontractor thereof has or is performing
services pursuant to this Agreement. In the event that any action, suit or proceeding
related to the services performed by the Contractor or any officer, agent, employee,
servant or subcontractor under this Agreement is brought against the Contractor, the
Contractor shall, as soon as practicable but no later then two (2) days after it receives
notice thereof, notify the legal counsel of the Agency.
RELEASE
Final payment of the amounts due under this Agreement shall operate as a release of the
Agency, its officers and employees, and the State of New Mexico from all liabilities, claims
and obligations whatsoever arising from or under this Agreement.
WAIVER
A party’s failure to require strict performance of any provision of this Agreement shall not
waive or diminish that party’s right thereafter to demand strict compliance with that or any
other provision. No waiver by a party any of its rights under this Agreement shall be
effective unless express and in writing, and no effective waiver by a party of any of its
rights shall be effective to waive any other rights.
PRODUCT OF SERVICE - COPYRIGHT
All materials developed or acquired by the Contractor under this Agreement shall become
the property of the State of New Mexico and shall be delivered to the Agency no later than
the termination of this Agreement. Nothing developed or produced, in whole or in part, by
the Contractor under this Agreement shall be subject of an application for copyright or
other claim of ownership by or on behalf of the Contractor. Agency agrees to hold
harmless, indemnify and defend the Contractor against all damages, claims and losses,
including defense costs, arising out of any reuse of the plans and specifications without
the written authorization of the Contractor.
CONFLICT OF INTEREST-GOVERNMENTAL CONDUCT ACT
The Contractor warrants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement. The Contractor certifies that the
requirements of the Governmental Conduct Act, Section 10-16-1 through 10-16-18,
NMSA 1978, regarding contracting with a public officer or state employee or former state
employee had been followed.
AMENDMENT
The Agreement shall not be altered, changed, or amended except by an instrument in
writing executed by the parties hereto.
EQUAL OPPORTUNITY COMPLIANCE
The Contractor agrees to abide by all federal and state laws and rules and regulations,
and executive orders of the Governor of the State of New Mexico, pertaining to equal
employment opportunity. In accordance with all such laws of the State of New Mexico,
the Contractor assures that no person in the United States shall, on the grounds of race,
19
religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious
medical condition, spousal affiliation, sexual orientation or gender identity, be excluded
from employment with or participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity performed under this
Agreement. If Contractor is found not to be in compliance with these requirements during
the life of this Agreement, Contractor agrees to take appropriate steps to correct these
deficiencies.
6.1.22 WORKERS COMPENSATION
The Contractor agrees to comply with state laws and rules applicable to workers
compensation benefits for its employees. If the Contractor fails to comply with the
Workers Compensation Act and applicable rules when required to do so, this Agreement
may be terminated by the Agency.
6.1.23 NOTICE
Any notice required to be given to either party by this Agreement shall be in writing and
shall be delivered in person, by courier services or by U.S. mail, either first class or
certified, return receipt requested and postage prepaid.
20