OFFICIAL CONTACT ONLY This Bid contains restrictions on contact with Board of Regents, ASNMSU, Faculty and Staff, the University's consultants or others working on behalf of the University. Violation of this policy may lead to disqualification. Bidders may not contact other University Departments. Any contact with a University Department may automatically result in a rejection of any bid. PROJECT SCHEDULE Action Responsible Party Date Issuance of Invitation to Bid NMSU Purchasing 2/27/2023 Deadline for Questions Bidder 3/6/2023 @ 5:00 pm (local time) Deadline for Addendum(s) NMSU Purchasing 3/9/2023 @ 5:00 pm (local time) Submission of Bid/Proposal Bidder 3/14/2023 @ 2:00 pm (local time) CAUTION Unless otherwise indicated herein, this entire Bid document may be obtained from NMSU’s online bidding system. If obtaining this document from any source other than the online bidding system, it is the bidder’s responsibility to ensure a full and complete set of the Bid document has been obtained. Any addenda or clarification to this Bid shall be issued under the attachments tab in the online bidding system. It is the responsibility of each bidder to check the online bidding system for any information or addenda to the Bid. INSTRUCTIONS TO BIDDERS 1. Invitation to Bid (ITB) 1.1 Bids will be received on the Pistol Pete’s Bidding System. 1.2 Procedural or Technical Inquiries Any inquiries or request regarding clarification of this procurement document shall be submitted in writing to the buyer whose decision shall be final. Bidders may contact ONLY the buyer regarding terminology stated in the procurement documents. Other NMSU employees do not have the authority to respond on behalf of the University. Bidders MAY NOT contact other University Departments. Any contact with a University Department shall automatically result in a rejection of bid. Any other communication will be considered unofficial and non-binding. Communication directed to parties other than the Buyer will have no legal bearing on this Bid or the resulting contract(s). 1.3 New Mexico State University may waive any informality or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time of the opening of bids or authorized postponement thereof. 1.5. Bids are submitted via the Pistol Pete’s Bidding System ONLY. 1.5.1. New Mexico State University’s Pistol Pete’s Bidding System utilizes the Internet and the World Wide Web which is comprised of systems that are completely out of NMSU’s control including but not limited to: the University, its agents, and registered suppliers' respective internet service providers. The University and its agents are not responsible for Internet outages, hardware failures, software failures, downtime, internet slowness, acts of God, power failures, and or user errors. All Bids must be submitted before the due date regardless of your organization's ability to submit Bids online. 1.5.2 Bidders understand and agree that technical support may not be readily available the day of and or the hours/minutes prior to a bid closing time. Bidders also understand and agree that internet access, browsers, and operating systems are not supported by the University and/or its agents. Suppliers are strongly encouraged to review, create, and submit all electronic bid responses several days in advance of the due date and time. 1.5.3 NMSU may in its sole discretion extend the time for submission of bids upon finding it is in the best interest of the University to do so. Such extensions shall be by addendum, which may be issued before the submission opening date. 1.6 Withdrawal of Bid 1.6.1 If not withdrawn before the bid opening date and except as otherwise provided in the Procurement Code, no bidder may withdraw its bid within sixty (60) days after the actual date of the opening. 1.6.2 No Bidder will be deemed responsible if it has been debarred by New Mexico State University, if in the preceding twelve months it has failed to perform any contract, or if Bidder’s bonding company has been required to complete the work of a contract for Bidders. At the direction of the University, the apparent successful Bidder may be required to provide any documentation necessary to show Bidder is in good standing and not subject to debarment. 1.6.3 New Mexico State University reserves the right to accept or reject any and /or all proposals, to waive irregularities and technicalities, and to request resubmission. The University reserves the right in its sole discretion to waive minor informalities in offers submitted provided that such informalities have no effect on price, quality, fitness, delivery or any matter to be evaluated in making a selection and confer no material advantage on the Offeror whose non conformity is waived. 1.6.4 Offerors should promptly notify the Buyer of any ambiguity, inconsistency, error, or missing attachments which they may discover upon examination of the Bid. Any response made by the University will be provided in writing to all Offerors by addendum, no verbal responses shall be authoritative. 2. INTERPRETATIONS 2.1 No interpretation of the meaning of the plans, specifications or other Bid documents shall be made to any Bidder verbally. Every request for such interpretation should be in writing and to be given consideration must be received at least ten (10) days prior to the date fixed for the opening of Bids. Any and all such interpretations and any supplemental instructions shall be in the form of written addenda to the specifications which, if issued, shall be provided to all prospective Bidders , not later than five (5) days prior to the opening of Bids. Failure of any Bidder to receive any such addendum or interpretations shall not relieve such Bidder from any obligation under its Bid as submitted. All addenda so issued shall become part of the Contract Documents. 3. LAWS AND REGULATIONS 3.1 The Bidder’s attention is directed to the fact that all applicable state laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. 4. OBLIGATION OF PROPOSER 4.1 At the time of the opening of Bid, each Bidder shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents, including all addenda. The failure or omission of any Bidder to examine the site and any form, instrument, or document, shall in no way relieve any Bidder from obligation in respect of its Bid. 4.2 Contractor shall familiarize itself with the site, in order to anticipate unseen problems that may develop as the Work progresses. Failure to have visited the site before bidding shall in no way relieve the Contractor from furnishing any materials or performing any work required to complete the Project in accordance with the Contract Documents, without additional cost to the Regents. 5. EQUAL EMPLOYMENT OPPORTUNITIES 5.1 The Contractor and the subcontractor(s) working on contract(s) entered into subsequent to this Invitation to Bid shall not discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to its hire, tenure, terms, conditions, or privileges of employment, because of age, color, disability, national origin, race, religion, gender, sexual orientation, or veteran status. 6. NEW MEXICO WORKERS' COMPENSATION ACT 6.1 Bidder agrees to inform themselves of the Workers' Compensation Act and to comply with state laws and rules pertaining to Workers' Compensation insurance coverage for its employees. If Contractor fails to comply with the Workers' Compensation Act and applicable rules when required to do so, a contract awarded as a result of this Bid may be cancelled effective immediately. 7. Public Inspection 7.1 After award, each Bid except those portions for which a company has made a written request for confidentiality, shall be open to public inspection. Companies wishing to designate information as proprietary/confidential shall mark as such the respective pages of their Bid with the designation “PROPRIETARY AND CONFIDENTIAL.”

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