N.M. Admin. Code § 1.5.21.10 - SOLICITATION OF PROPOSALS

A. RFP approval required: The agency shall not solicit proposals until PCD has approved the agency's final RFP in writing and has scheduled a proposal opening. Only copies of the RFP showing PCD's approval may be issued.

B. Public notice (GSD form): After approval of the agency's RFP, GSD shall provide a copy of the public notice to potential offerors on the public notice mailing list (see 1 NMAC 5.21.24.1 [now Subsection A of 1.5.21.24 NMAC]. Potential offerors are responsible for requesting approved RFP's and any amendments to the RFP from PCD.

C. Advertising: The agency shall advertise in the "legal notice" section of a local newspaper, in the area in which proposals are requested, at least once within the week prior to release of the RFP. The agency shall utilize the standard public notice (GSD form) for its advertisement.

D. Pre-proposal conference: When an agency seeks to lease 5,000 USF of space or more, PCD shall conduct a pre-proposal conference in the city in which it seeks to lease space. The pre-proposal conference shall be held no less than ten (10) calendar days prior to the proposal deadline.

E. Amendments to the RFP: Amendments to the RFP shall be in writing and shall be issued in a timely manner in accordance with the Procurement Code. The selection committee shall submit amendments to PCD in writing which require PCD approval before distribution by the selection committee to all entities who requested copies of the RFP. Amendments will be issued no later than five (5) working days prior to the deadline for proposal submission, except an amendment withdrawing the RFP or one which includes postponement of the date for proposal submission.

F. Proposal submission deadline: Offerors shall submit each proposal in a sealed envelope, clearly labeled with the RFP name and number, on or before the date and time stated in the RFP. All proposals received after the deadline shall be deemed non-responsive and returned unopened by PCD. All proposals will be opened at the same time by more than one (1) PCD staff person, with a log of proposals opened which is witnessed by at least two (2) PCD employees.

G. Ownership disclosure: Any proposal that is submitted in response to an RFP shall indicate the ownership of the facility offered for lease. If the facility is owned by a corporation or other legal entity, the proposal shall also indicate the principal individual owners and percentages of their ownership.

H. Proposal modifications: After a proposal is submitted, an offeror shall not withdraw a building that has been offered or attempt to substitute buildings or building sites on non-contiguous properties. However, an offeror may substitute locations within a building or building sites on contiguous properties so long as the substitution is in the best interest of the agency and the proposed cost is less than or equal to the original proposed cost. This is the only allowable substitution in the original proposal.

I. Confidentiality of proposal contents: Proposal contents are confidential until an award is made.

J. Cancellation of RFP: Only PCD may cancel an RFP when it is in the best interest of the state to do so, by providing written notice to all potential offerors of record.

K. Costs: Any costs to the offerors associated with responding to the RFP and/or reaching final approval of a lease shall be borne solely by the offeror.

Notes

N.M. Admin. Code § 1.5.21.10

12/31/98; Recompiled 11/30/01