N.M. Admin. Code § 1.4.1.16 - INVITATION FOR BIDS ("IFB")
A.
General: The invitation for bids ("IFB"), also sometimes referred to as the
invitation to bid (ITB), is used to initiate a competitive sealed bid
procurement. The IFB shall include the following:
(1) the specifications for the services,
construction or items of tangible personal property to be procured, except that
professional services and a design and build project delivery system cannot be
procured with an IFB pursuant to Section
13-1-111 NMSA 1978;
(2) all contractual terms and conditions
applicable to the procurement including any requirements for complying with
applicable preferences provided in law;
(3) the term of the contract and conditions
of renewal or extension, if any;
(4) instructions and information to bidders,
including the location where bids are to be received and the date, time and
place of the bid opening;
(5) a
notice that the IFB may be canceled and that any and all bids may be rejected
in whole or in part when it is in the best interest of the state of New Mexico;
and
(6) a notice that reads
substantially as follows: The Procurement Code, Section
13-1-28 through Section
13-1-199 NMSA 1978, imposes civil,
misdemeanor and felony criminal penalties for its violation. In addition, the
New Mexico criminal statutes impose felony penalties for bribes, gratuities and
kick-backs.
B.
Incorporation by reference: The IFB may incorporate documents by reference,
provided that the IFB specifies where such documents can be obtained.
C. Evaluation criteria: The IFB shall set
forth the evaluation criteria that will be used to determine acceptability such
as inspection, testing, quality, workmanship, delivery and suitability for a
particular purpose. Those criteria such as discounts, transportation costs and
total or life-cycle costs that will affect the bid price shall be objectively
measurable. No criteria may be used in bid evaluation that are not set forth in
the IFB.
D. Bid form: The IFB shall
provide a form which shall include space in which the bid price shall be
inserted and which the bidder shall affirm, certify, or sign and submit along
with all other necessary submissions. This may be an entirely electronic
process if required by the procurement.
E. Bid samples and descriptive literature:
(1) "Descriptive literature" means
information available in the ordinary course of business that shows the
characteristics, construction, or operation of an item.
(2) "Bid sample" means a sample furnished by
a bidder that shows the characteristics of an item offered in the
bid.
(3) Bid samples or descriptive
literature may be required when it is necessary to evaluate required
characteristics of the item bid.
(4) Bid samples, when required, shall be
furnished free of expense to the state and prior to the time set for the
opening of bids. Samples not destroyed or mutilated in testing will be returned
upon request by mail, express or freight, collect. Each sample must be labeled
to clearly show the bid number and the bidder's name.
F. Bidding time: Bidding time is the period
of time between the date of distribution of the IFB and the time and date set
for receipt of bids. In each case bidding time shall be set to provide bidders
a reasonable time to prepare their bids. In no case shall the bidding time be
shorter than the time required for publication under
1.4.1.17 NMAC of this
rule.
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