Sierra County Request for Quotation Print and Radio Advertising Solicitation Number (Small Purchase)

Transcription

1 Sierra County Request for Quotation Print and Radio Advertising Solicitation Number (Small Purchase) Notice is hereby given that the County of Sierra, New Mexico, will receive quotations for Print and Radio Advertising Solicitation number Print legal and other advertising bidding is limited to newspapers located in Sierra County meeting the requirements of NMSA 1978, Section Requirement for publication of legal notice or advertisement. Radio advertising bidding is limited to FCC licensed radio stations broadcasting from Sierra County. QUOTATIONS MUST BE SUBMITTED IN A SEALED ENVELOPE WITH THE QUOTE NUMBER AND OPENING DATE CLEARLY INDICATED ON THE BOTTOM LEFT HAND SIDE OF THE FRONT OF THE ENVELOPE. Quotes will be received by the County Procurement Agent at the Sierra County Administration Building, 855 Van Patten, Truth or Consequences, New Mexico 87901, until April 16, 2015 at 2:00 pm. Any quotes received after said time will be rejected and returned unopened. Interested Vendors may obtain Quotation documents at the Sierra County Administration Building 855 Van Patten Truth or Consequences, New Mexico, or from the purchasing section of the Sierra County web site Local Business/Resident Business/Veterans Preferences apply to this solicitation. Sierra County Conflict of Interest Certification Form and Campaign Disclosure Form are included as part of the Quotation package. It is anticipates that this Request for Quotation will result in a Multiple Source award. Vendors do not have to quote on all items in the quotation cost schedule. The contract agreement resulting from this quotation will be purchase order(s). Agreement(s) resulting from this solicitation are on behalf of Sierra County and other Governmental agencies located in Sierra County. The procurement code, Sections through , NMSA 1978 (1984, as amended through 2013), imposes civil and criminal penalties for its violation. In addition, the New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks. All questions pertaining to this project should be directed to: Jocelyn Holguin, County Procurement Agent [email protected] 1 Voice:

2 BIDDER INFORMATION and ASSIGNMENT OF WORK: Print and Radio Advertising Solicitation Number By submitting a quote, vendors for legal and other advertising in newspapers located within Sierra County certify that they meet the following requirement: NMSA Requirement for publication of legal notice or advertisement. Any and every legal notice or advertisement shall be published in a daily, tri- weekly, a semi- weekly or a weekly newspaper of general circulation that can be obtained by single copy and that is entered under the second class postage privilege in the county in which the notice or advertisement is required to be published; which newspaper, if published tri- weekly, semi- weekly or weekly, shall have been so published in the county continuously and uninterruptedly during the period of at least twenty- six consecutive weeks next prior to the first issue thereof containing any such notice or advertisement, and which newspaper, if published daily, shall have been so published in the county uninterruptedly and continuously during the period of at least six months next prior to the first issue thereof containing any such notice or advertisement; provided that the mere change in the name of any newspaper or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the newspaper is in fact continuously and uninterruptedly printed and published within the county as provided in this section; provided further that a newspaper shall not lose its rights as a legal publication if it fails to publish one or more of its issues by reason of fire, flood, accident, transportation embargo or tie- up or other casualty beyond the control of the publisher; provided further that any legal notice which fails of publication for the required number of insertions by reasons beyond the control of the publisher shall not be declared illegal if the publication has been made in one issue of the publication; and provided further that if in any county in this state there has not been published any newspaper for the prescribed period at the time when any such notice or advertisement is required to be published, the notice or advertisement may be published in any newspaper having a general circulation or published and printed in whole or in part in that county and that can be obtained by single copy in that county. Quotations for legal and other advertising in newspapers located within Sierra County will not be more than the following rate schedule: NMAC PURPOSE: This rule implements the mandated requirements of Section NMSA 1978, as amended, and as outlined in NMAC of this rule, the newspaper publisher is entitled to receive no more than: A. $.63 cents ($.63) for each column line of eight point or smaller type for the first insertion; and B. $.49 cents ($.49) per line of each subsequent insertion; C. all emblems, display headings, rule work and necessary blank spaces shall be calculated as solid type and shall be counted and paid for as such. 2

3 The County will require proof of publication and affidavit of proof for all legal and advertising awarded under this solicitation. NMSA Proof of publication. Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, business manager, editor, publisher or proprietor of the newspaper in which the publication is made, or by any other competent person who has personal knowledge of the essential facts, which affidavit, in addition to the other matters required by law to be set forth therein, shall state that such notice or advertisement was published in a newspaper duly qualified for that purpose within the meaning of this act [ to , , NMSA 1978], and that payment therefor has been made or assessed as court costs. NMSA [Affidavit of proof; contents.] Proof of the publication of any notice required by law to be published shall be made by the publisher, editor or business manager of the newspaper in which said notice is published, making an affidavit, which affidavit shall recite the name of the newspaper in which said notice is published and the date or dates upon which said publication is made; there shall also be attached to said affidavit a copy of the notice as published, which copy when so attached to said affidavit shall be taken and considered as part of the affidavit of publication. Legal and other advertisement will be made by individual assignment to the vendor(s). Radio advertising will be made by individual assignments to the vendor(s). Sierra County will only pay for actual services assigned and rendered, in accordance with the prices established in the resulting contract(s). This procurement will result in a fixed price purchase order. The term of this agreement shall be for one (1) year from the date of award. Sierra County reserves the right to extend this agreement, on an annual basis and by mutual agreement of the parties, for up to an additional three (3) years. Under no circumstances will the term of this agreement, including any extensions thereto, exceed four (4) years. 3

4 Request for Quotation Print and Radio Advertising Solicitation Number Initial Request for Quote Due Date: April 16, 2:00 pm VENDOR (Business Name): Vendor Contact Person: Phone: ( Address: Alt Phone: ( ) - ) - Radio Station Name (s) and FCC license number: The schedule of bid prices are as follows: Vendors do not have to bid on all items in the bid schedule. Quotation Cost Schedule Item # Description Quantity Unit Unit Price (without NM Gross Receipts Tax) 1 Newspaper legal advertising, eight point or smaller type first insertion 1 Column line Not to exceed NMAC rate 2 Newspaper legal advertising, eight point or smaller type second insertion 3 Newspaper non- legal advertising, eight point or smaller type - first insertion 4 Newspaper non- legal advertising, eight point or smaller type - second insertion 1 Column line 1 Column line 1 Column line 5 Newspaper Subscription 1 Annual Vendors for legal and other advertising in newspapers located within Sierra County must certify that they meet the following requirement: 4 Not to exceed NMAC rate Not to exceed NMAC rate Not to exceed NMAC rate 6 Radio Advertising Provide rate sheet

5 NMSA Requirement for publication of legal notice or advertisement. By signature below, I certify that the newspaper named in this bid meets the statutorily requirements of NMSA for the publication of legal notices or advertisement in Sierra County. Federal ID #: DUNS #: New Mexico Tax ID #: New Mexico Resident Business Certification number (attach a copy of the certificate if applicable): New Mexico Resident Veteran Business Certification number (attach a copy of the certificate if applicable): Address: Tax/Legal Status: [ ] Corporation [ ] Sole Proprietor [ ] LLC By: (signature) By: (print name) Title: Telephone Number: E- Mail Address: NEW MEXICO REGISTERED AGENT (if not a New Mexico Corporation) Name: Company: Address: Telephone: E- Mail Address: 5

6 RESIDENT VETERANS PREFERENCE CERTIFICATE Print and Radio Advertising Solicitation Number (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 revenues starting January 1 ending December 31 is less than $1 million allowing me the % 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 revenues starting January 1 ending December 31 is more than $1 million but less than $5 million allowing me the 8% preference discount on this bid or proposal. 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 revenues starting January 1 ending December 31 is more than $5 million allowing me the 7% preference discount on this bid or proposal. 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 the penalty of perjury that during the last calendar year starting January 1 sand ending on December 31, the following to be true and accurate: In conjunction with this procurement and the requirements of this businesses application for a Resident Veteran Business Preference/resident Veteran Contractor s Preference under Section or 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 this 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 make in checking the boxes constitute a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement or revocation of the Contract involved if the statements are proven to be incorrect. (Applications for Certificate May Be Obtained from Sierra County Website, or at the Administration Building) 6

7 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections , et seq., NMSA 1978 and NMSA 1978, (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: Applicable public official means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. Campaign Contribution means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official s behalf for the purpose of electing the official to statewide or local office. Campaign Contribution includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. Family member means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor. 7

8 Pendency of the procurement process means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. Prospective contractor means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract. Representative of a prospective contractor means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable Public Official(s) if any: (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: Relation to Prospective Contractor: Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (position) --OR-- NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. Signature Date Title (Position) 8

9 CONFLICT OF INTEREST-DEBARMENT/SUSPENSION CERTIFICATION FORM SIERRA COUNTY CONFLICT OF INTEREST AND DEBARMENT/SUSPENSION CERTIFICATION FORM THE FOLLOWING MUST BE CERTIFIED IF ANY RESULTANT PURCHASE ORDER/AGREEMENT IS $20,000 OR GREATER CONFLICT OF INTEREST; GOVERNMENTAL CONDUCT ACT. A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter, Article 16 NMSA Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any County employee while such employee was or is employed by the County and participating directly or indirectly in the County s contracting process; 2) this Agreement complies with Section -16-7(B) NMSA 1978 because (i) the Contractor is not a public officer or employee of the County; (ii) the Contractor is not a member of the family of a public officer or employee of the County; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the County, a member of the family of a public officer or employee of the County, or a business in which a public officer or employee of the County or the family of a public officer or employee of the County has a substantial interest, public notice was given as required by Section -16-7(B) NMSA 1978 and this Agreement was awarded pursuant to a competitive process; 3) in accordance with Section -16-8(C) NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the County within the preceding year and whose official act directly resulted in this Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the County whose official act, while in County employment, directly resulted in the County's making this Agreement; 4) in accordance with Section NMSA 1978, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 5) in accordance with Section and Section NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the County. C. Contractor s representations and warranties in Paragraphs A and B of this Article 13 are material representations of fact upon which the County relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the County if, at any time during the term of this Agreement, Contractor learns that Contractor s representations and warranties in Paragraphs A and B of this Article 13 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor s representations and warranties in Paragraphs A and B of this Article 13 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the County and notwithstanding anything in the Agreement to the contrary, the County may immediately terminate the Agreement. 9

10 D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 13(B). DEBARMENT/SUSPENSION STATUS 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 Agency. The vendor agrees to provide immediate notice to the County Chief Procurement Officer in the event of being suspended, debarred or declared ineligible by any department or federal agency, or upon receipt of a notice of proposed debarment that is received after the submission of the quote or offer but prior to the award of the /Purchase Order/Agreement or contract. CERTIFICATION The undersigned hereby certifies that he/she has read the above CONFLICT OF INTEREST and DEBARMENT/SUSPENSION Status requirements and that he/she understands and will comply with these requirements. The undersigned further certifies that they have the authority to certify compliance for the vendor named and that the information contained in this document is true and accurate to the best of their knowledge. Signature: Title: Date: Name Typed: Company Name: Address City/State/zip:

11 Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To: County of Sierra Bruce Swingle, County Manager C/o Jocelyn Holguin, Purchasing Agent 855 Van Patten Truth or Consequences, NM To the Contractor: [CONTACT INFORMATION HERE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the County Purchasing Agent below. By: Date: Contractor: Printed Name: Address: By: Date: Sierra County Manager Printed Name: Bruce Swingle C/o Jocelyn Holguin Address: 855 Van Patten Truth or Consequences, NM

12 BOARD OF COUNTY COMMISSIONERS APPROVED, ADOPTED AND PASSED on this th day of, Ken Lyon, Chair Frances Luna, Vice- Chair Sherry Fletcher, Commissioner Attest: Connie Greer Sierra County Clerk Sierra County Purchasing Agent: By: Date: Jocelyn Holguin Sierra County Purchasing Agent Address: 855 Van Patten, Truth or Consequences, NM