________________________________________________________________________________________
Administrative Services Phone: (505) 396-8521
100 North Main, Suite 11 Fax: (505) 396-5684
Lovington, NM 88260 e-mail: kmclaughlin@leacounty.net
LEGAL NOTICE OF REQUEST FOR PROPOSALS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM –
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMY
PROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
The Lea County Commissioners will receive sealed proposals in the Conference Room, First Floor, Courthouse, Lovington, New Mexico, for Physical Examinations Program – Pre-Employment & Pre-Law Enforcement Academy.
Requests for Proposals and all related information will continue to be available on Lea county’s web site at www.leacounty.net or by contacting the Administrative Services Department, Courthouse, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030, (505) 396-8521.
Gary Schubert, Chairman
Hobbs Daily New Sun March 20, 2008
TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM –
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMY
PROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
1. Failure to comply with all of the Instructions and Conditions may subject the proposal to rejection. The Terms and Conditions, and the Specifications and Contractual Terms will form part of the contract between the County and the successful offeror.
2. Please submit four copies of your proposal. All proposal copies will be enclosed together and sealed in one envelope/package, addressed and delivered to: The Administrative Services Department, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030 by 3:00 p.m (local time) on the due date. Please mark the outside of the envelope " PROPOSAL # 8 ". It is the offeror's responsibility to see that the proposal arrives on time. Late proposals, faxes, and telegrams will be returned unopened. Telephone proposals will not be accepted.
3. All firms submitting proposals will be notified by letter of the Board's award which will be conditioned upon entering into a formal written contract acceptable to the County. Any form of contract which an offeror would expect the County to execute if it were awarded the project must be attached. It may not conflict with any provision contained in the Request for Proposals package.
4. The proposal specifications indicate the minimum standard of quality, performance or other pertinent characteristics required. All variations and exceptions from minimum specifications must be listed on or attached to the proposal.
5. Contents of any proposal will not be disclosed upon opening so as to be available to competing offerors during the negotiation process.
6. Proposals will be evaluated according to factors set forth on the attached sheet. Each factor will be given the weight indicated.
7. The County reserves the right to waive technical irregularities in the form of the proposal which do not alter the quality or quantity of the services, and the County may reject any or all proposals when it is the best interest of the County to do so.
8. A multi-term proposal is being sought. The County's payment and performance obligations for succeeding fiscal periods will be subject to the availability and appropriation of funds. Multi-term proposals must have a provision allowing the County to terminate the agreement at will at any time, or at least to the end of each fiscal year, without penalty. There must be no "equitable or moral" duty to continue to make payments under the proposal.
9. The Lea County Procurement Policy and the New Mexico Procurement Code 13-1-28 through 199, NMSA, 1978 will apply to this procurement and prevail over any inconsistent terms and govern all interpretations of contract documentation. In addition, criminal laws prohibit bribes, gratuities and kickbacks.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM –
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
10. In submitting this proposal, the offeror represents the offeror has familiarized himself with the nature and extent of the Request for Proposals dealing with federal, state and local requirements which are part of this Request for Proposals.
11. In signing this proposal, the Offeror certifies that there has been no direct or indirect action in restraint of free competitive bidding in connection with this proposal submitted to Lea County.
12. The County will negotiate a contract with the highest qualified business as selected by the selection committee for the services contemplated under this RFP at compensation determined in writing to be fair and reasonable.
13. The offeror will be required to carry:
a. General and professional liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate.
b. Workers’ Comp insurance, as required by New Mexico State Statute.
Upon award of proposal, offeror will be required to provide proof of the above coverage. Lea County will be listed as additional insured on all policies.
14. This agreement is subject to New Mexico law, including but not limited to, the Procurement Code, the New Mexico Public Works Minimum Wage Act and all federal and state laws, rules and regulations pertaining to equal employment opportunity. The rights and obligations set forth herein are to be construed and interpreted according to said laws, regardless of whether they are expressly set forth herein. Should any provision herein be found to be legally unenforceable, it will not affect the legality or enforceability of the remainder of this contract, so long as the basic intent and object of this agreement is not undermined by the elimination of the objectionable provision(s).
The offeror agrees to comply with state laws and rules applicable to workers' compensation benefits for its employees. If the offeror fails to comply with the Workers' Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency.
15. The offeror will save and hold the County harmless from all suits, actions, claims, losses and expenses, including attorney's fees brought on account of any injuries or damages sustained by any employee or person, including wrongful death, or damage to property as a result of any negligence, mis-conduct or omission by the offeror or employee or agent thereof connected in any way with offeror's performance under this contract.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM –
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
16. It is expressly agreed and understood that the offeror is not authorized to act as an agent of the County or to enter into any contract on behalf of the County. It is also acknowledged that the offeror, its agents and employees, by virtue of award of this proposal, are not entitled to any fringe benefits available to the employees of Lea County.
17. The County may prematurely terminate this Contract if the Administrative Services Director judges that the offeror has inadequately or unsatisfactorily met its obligation under this Contract. This agreement may be terminated by any party for cause upon 30-days written notice to the other participants in the contract. As used herein, the term "cause" will mean a material breach of the Agreement by a non-terminating party, or acts or conduct by a non-terminating party that substantially alters the terminating party's ability to benefit from this Agreement, which breach, acts, or conduct are not cured or remedied within the 30-day period following the giving of notice by the terminating party (which notice will detail the nature of the breach, acts, or conduct constituting the case for termination and specify the effective date of termination in the event such breach, acts, or conduct are not cured or remedied within 30 days following the giving of such notice).
18. The offeror agrees not to assign this Contract, or any part thereof, to any other person or business entity, without first receiving prior written consent of the County. The offeror is forbidden from using non-employees.
19. Award of the proposal will not be altered, changed or amended except by an instrument in writing executed by the parties hereto.
20. Upon award, the agreement between offeror and the County will be governed by the laws of the State of New Mexico and enforced in the District Court of Lea County.
21. After award, proposals are subject to public inspection. Any confidential or proprietary information should be marked as such with a brief explanation as to why.
22. The County’s policy on requests for copies of proposal information is as follows:
a) Terms and Specifications are available at no charge to vendors who will be responding directly to bids or proposals.
b) Submit a written request detailing what information you would like to receive.
c) There will be a charge of $1.00 per page by check / money order made payable to Lea County at the following address:
Lea County
Administrative Services Dept.
100 North Main, Suite 11
Lovington, NM 88260
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LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
The fee must be paid before the information is released.
d) Charges will apply to any sub-contractors requesting our mailing list. The sub-contractor may then contact vendors directly regarding information on the specifications.
23. According to state procurement regulations, any protest of the award must be submitted in writing within fifteen (15) days of written notice of award to:
Finance Director
Lea County Courthouse
100 N. Main, Suite 11
Lovington, NM 88260
-Page 4 of 4-SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
GENERAL INFORMATION
1.1 The Lea County Board of County Commissioners is soliciting proposals for a pre-employment and pre-law enforcement academy physical examination program. Some applicants are required to undergo such physical examinations.
1.2 It is estimated there will be approximately 15-30 pre-employment examinations per year, and fewer than five (5) pre-academy examinations.
1.3 The health care provider conducting a physical exam will be expected to conduct the examination and report findings and recommendations to authorized County employees.
1.4 Any examining health care provider must be licensed and qualified to provide the services required.
1.5 A job applicant will only be referred if a conditional offer of employment has been made.
1.6 The County contemplates a one-year contract and may consider proposals with options to renew for up to three additional one-year periods, subject to availability and appropriation of funds. A specific written contract is to be negotiated between the County and the Provider(s) chosen, before any services are to be rendered. Lea County reserves the right to award a contract(s) to more than one provider in order to accommodate applicants in different communities.
SCOPE OF SERVICES
2.1 When a physical examination is required, it shall include at the minimum: (a) a complete health history, (b) a description of general appearance, with emphasis on any apparent limitations, (c) blood pressure, pulse, and cardiovascular system, (d) vision testing, (e) hearing testing, and examination of the (f) upper and lower respiratory systems, (g) abdomen and gastrointestinal system, (h) genitourinary system including urinalysis, (i) reflexes, and (j) assessment of the health of back, musculo skeletal system, and extremities.
2.2 If required by job specifications, a minimum three-view back x-ray series will be administered to the job applicant.
2.3 If required by job specifications, a cardiac stress test and/or physical agility test will be administered to the applicant.
2.4 Impairment, if any, shall be rated according to AMA guidelines, and an appropriate certificate of pre-existing impairment prepared and provided to the County.
2.5 The Provider shall report to the County all physical limitations revealed in the examination process that may impact the applicant's ability to meet the physical requirements of the position involved.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
2.6 After completion of the examination and related testing, the contractor shall provide results in accordance with the following:
a. Immediate notification (same day) to the Human Resources Office, via telephone or facsimile. Written confirmation within five (5) working days by the health care provider stating that in their professional judgement and based on available information, the applicant is physically suited for the position for which they have received a conditional offer of employment.
b. “No Hire” Recommendations: When the results of the above examinations lead to a recommendation not to hire an applicant for medical reasons, the Human Resources Office shall be notified immediately by telephone. Such recommendations shall be consistent with the requirements of the Americans With Disabilities Act (ADA) and shall be medically and legally defensible. Written confirmation shall be provided within five (5) working days by the health care provider, stating that in their professional judgement and based upon available information, the applicant is physically unsuitable for the position they were selected to fill. Written confirmation shall be in narrative report form, outlining objective physical findings supporting recommendation.
2.6 County personnel with a need to know, including the County Manager or designee, County Attorney, and Board of County Commissioners, will have access to physical exam results.
2.7 Disclosure of laboratory reports and physical exam results to any other person, agency or organization is prohibited unless written authorization is obtained from the applicant or disclosure is mandated by law or legal process.
TESTING AND EXAMINATION FORMAT FOR APPLICANTS
3.1 The Provider(s) shall first secure written consent to the examinations and testing involved and the release of all information to the County. No testing or examination work is to be done without written consent. A copy of the consent will be provided to the County.
3.2 PHASE ONE: The applicant shall undergo the physical examination process including x-rays.
3.3 PHASE TWO: The provider of the physical examination is to assess any impairment according to AMA guidelines and report it to the County. A certificate of Pre-Existing Physical Impairment, setting forth the nature of the physical impairment, expressed both as a description of the impairment and as a percentage of the permanent physical impairment to the body as a whole, signed and acknowledged by the applicant and the examining physician, is to be provided the County for filing with the Superintendent of Insurance pursuant to 52-2-6, NMSA, 1978, as amended.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
FEES AND COSTS
4.1 The County requires a fee structure for each phase of the Examination Programs.
4.2 Pursuant to 13-1-115, NMSA, 1978, proposals are subject to negotiation on all issues, including fees and scope of work.
PROPOSAL CONTENTS
The following information must be included in your proposal in this order:
5.1 The name of the firm, and its address and telephone number, where the work will be performed. Name the firm's contact person.
5.2 A list of names and titles of professional staff, including administrative and medical, who will be assigned to perform the services required under this request for proposal. Resumes shall be included and attached. Credentials are subject to verification.
5.3 A list of all firms subcontracted who may be used to perform any service specified in this request for proposals: For each such firm, indicate the service to be rendered and submit the information required by 5.1 and 5.2 above.
5.4 A thorough description of procedures the provider will utilize.
5.5 A description of procedures for reporting examination results to the County. Please submit any proposed report forms or sample reports.
5.6 A fee and cost schedule.
5.7 Estimated time for sub-contracted services, including x-ray reports, to be completed.
5.8 Any limitations on the availability of the Provider, including its ability to respond quickly to a need for testing and/or examination services. State maximum time it would take to complete the examination and report to the County.
5.9 Make suggestions, or state there are none, for modifications to the examination process to improve quality or reduce costs without sacrificing quality. To be considered, all suggested modifications must include a corresponding proposal regarding fees. No modification, however, shall substitute for a responsive proposal according to the guidelines set forth herein.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
EVALUATION CRITERIA
Proposals will be evaluated according to the following criteria:
POSSIBLE
POINTS
6.1 Quality of procedures 35
6.2 In-house capability to perform services 20
6.3 Service time 10
6.4 Price 35
TOTAL 100
AWARD
7.1 Regular pre-employment exams and pre-law enforcement academy exams may be awarded separately or together to the contractor who is determined to best meet specifications and qualifications. (Also see General Information, Section 1.6)
The Terms and Conditions are incorporated herein by reference.
End of specifications.
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PROPOSAL FORM
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
Attach individual proposals that address all evaluation criteria for:
1. Regular Pre-Employment Exams
2. Law Enforcement Pre-Academy Exams
The services offered meet specifications: Yes No
If the services offered do not meet specifications, all exceptions or variations are set forth on the following page.
I have read and understand the Terms and Conditions and Specifications and Contractual Terms. I agree to comply with such and warrant that the services offered are as represented in this Proposal Form.
______________________________________ _______________________________________
Signature Name (Typed/Printed)
______________________________________ _______________________________________
Company Position
______________________________________ ___________________ ___________________
Address Telephone Number FAX Number
______________________________________ _______________________________________
City, State, Zip Tax ID # -OR- Social Security #
State of ___________________)
)ss.
County of __________________)
____________________________________(name), being duly sworn, deposes and says that he /she
is ___________________________(title) of __________________________(company) and all fore-
going questions and all statements herein contained are true and correct.
Subscribed and sworn to before me this _______ day of __________________, 20____.
_______________________________________
My commission expires: Notary Public
_______________________
OPTIONS, EXCEPTIONS OR VARIATIONS
LEA COUNTY, NEW MEXICO
PHYSICAL EXAMINATIONS PROGRAM --
PRE-EMPLOYMENT & PRE-LAW ENFORCEMENT ACADEMYPROPOSAL # 8 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
Please state each and every option, exception, or variation to the specifications (if any) for the service offered. Please sign below and return with your offer.
THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS.__________________________________
Signature
THERE ARE NO OPTIONS, ETC. LISTED. The products or services offered on this invitation to bid meet or exceed all specifications, terms and conditions as described in said invitation to bid without exceptions. I understand products or services not meeting all specifications, terms and conditions will be rejected and all costs will be borne by the seller.
__________________________________
Signature