SLED Opportunity · NEW MEXICO · LEA COUNTY
AI Summary
Lea County seeks bids for an indefinite quantity contract to supply asphalt emulsions including materials, labor, and equipment. The contract requires compliance with safety, insurance, and bonding requirements. Bids are due April 14, 2026, with a one-year term and options to extend up to three years.
Lea County Board of County Commission seeks bids from qualified vendors to provideAsphalt Emulsions - Indefinite Quantity
Any cost incurred by the Bidder in preparation, transmittal, presentation of any bid or material, or negotiation associated with its response to this IFB shall be borne solely by the bidder.
Bid Review
The County shall perform a bid analysis of the bid received to include a determination of qualification in accordance with the standards and requirements of the price agreement. The analysis and recommendation for award will be sent to Lea County Board of Commissioners for a determination.
Method of Award
This price agreement may be awarded to vendor per item.
The Contractor Agrees to:
Insurance Requirements
The Contractor shall procure and maintain at the Contractors expense insurance of the kinds and in amounts herein provided. This insurance shall be provided by insurance companies authorized to do business in the State of New Mexico and shall cover all operations under the price agreement, whether performed by the Contractor, the Contractor's agents or employees or by sub-contractors. All insurance provided shall remain in full force and effect for the entire period of the work, up to and including final acceptance, and the removal of all equipment, employees, agents and sub-contractors therefrom.
The Contractor shall be considered an independent Contractor and not an employee of the County. However, directions as to the time and place of performance and compliance with rules and regulations may be required.
The conditions listed in the above paragraphs are an integral part of this bid and shall be the conditions regulating the performance of any price agreement between the Bidder/Contractor and the Lea County Road Department and any Commission, Divisions, or Department thereof.
When the Lea County Purchasing Officer or his/her designee issues a purchase order (P.O.) in response to the vendor's bid, a binding contract is created.
Award of this bid shall establish a Price Agreement for asphalt emulsions and associated products for Lea County. This price agreement includes materials, labor and equipment as per the specifications contained herein.
All work performed under this contract shall meet the specifications as set forth in this Price Agreement, the New Mexico State Department of Transportation Standard Specifications for Highway and Bridge Construction, current edition, current special provisions and supplemental specifications. They are available on the NMDOT website, at the following link: http://dot.state.nm.us/content/nmdot/en/Standards.html
For the purpose of this Price Agreement if a bid is submitted on items utilizing a distributor and operator, said bidder is considered a contractor.
Any contract that may result from this IFB shall specify that the prime contractor is solely responsible for fulfillment of the contract with the County. The County will only make contract payments to the prime contractor.
Article I - Statement of Work
Under the terms and conditions of the Price Agreement, the using agency may issue orders for items and/or services described herein.
The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.
The items and/or services to be ordered shall be listed under Article IX -Price Schedule. All orders issued will bear both an order number and this Price Agreement/Contract Number. It is understood that no guarantee or warranty is made or implied by either the Lea County Purchasing Officer or the user department that any order for any definite quantity will be issued under this Price Agreement. The Contractor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order issued.
Article II - Term
The term of this Price Agreement for issuance of orders shall be as indicated in specifications.
Article III - Specifications
Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX - Price Schedule. Orders issued against this schedule will show the applicable price agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.
Article IV - Shipping and Billing Instructions
Contractor shall ship in accordance with the instructions of this form. Shipment shall be made only against specific orders which the user may place with the contractor during the term indicated in Article II - Term. The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item. If vendor is unable to meet stated delivery the Lea County Road Department must be notified.
Article V - Termination
This Price Agreement may be terminated by either signing party upon written notice to the other at least thirty (30) days in advance of the date of termination. Notice of termination of the Price Agreement shall not affect any outstanding orders.
Article VI - Amendment
This Price Agreement may be amended by mutual agreement of the Lea County Purchasing Officer or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the Lea County Purchasing Department or his/her designee.
Article VII - Issuance or Orders
Only written signed orders are valid under this Price Agreement.
Article VIII - Packing (if applicable)
Packing shall be in conformance with standard commercial practices.
Article IX - Price Schedule
Prices as listed in the price schedule hereto attached are firm.
Bidding Information
The conditions and specifications set out in the invitation to bid are inseparable and indivisible. Any vendor, by submitting a bid, agrees to be bound by all such conditions and/or specifications.
The prices quoted herein represent the total compensation to paid by the County for goods and/or services provided. It is understood that the party providing said goods and/or services to the County is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, and any other items necessary to complete the work provided. The prices quoted in this Price Agreement include an amount sufficient to cover such costs.
The Contractor shall be considered an independent Contractor and not an employee of Lea County. The County shall provide direction regarding the performance required by this Price Agreement.
Performance, Payment and Material Bonds
Upon the issuance of a purchase order, the successful awarded contractor(s) must provide a performance bond and a payment and materials bond equal to 100% of the total purchase order. Said bonds must be provided to the requesting County Public Works Director or their designee prior to commencement of work. Failure to comply shall result in the purchase order being issued to another vendor and difference being charged back to the awarded contractor(s).
The performance bond is to secure the County for losses and damages sustained by reason of default by vendor. A payment bond is to guarantee that subcontractors and material suppliers on the project will be paid. The materials bond is to guarantee availability of equipment and acceptance of product.
Terms of Price Agreement
The term of this agreement shall be for one (1) year with Lea County's option to extend annually for a period of up to three (3) additional years by mutual Price Agreement of both parties and the approval of the Lea County Purchasing Officer at the same prices, terms and conditions. The Price Agreement shall not exceed four (4) years.
Tax Note
Price shall not include State Gross Receipts or Local Option Tax. Taxes shall be added to the invoice at current rates as a separate item to be paid by users.
No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.
Use of subcontractors must be clearly explained in the Bid and each must be identified by name. The prime contractor shall be wholly responsible for contract performance whether or not subcontractors are used. Substitution of subcontractors, after contract award, must receive prior written approval of the County Purchasing Office.
Bidders will be allowed to withdraw their bids at any time prior to the deadline for receipt of bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Procurement Officer. The approval or denial of withdrawal requests received after the deadline for receipt of the bids is governed by the applicable procurement regulations.
County furnished property shall be returned to the County upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.
Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the vendor's risk and expense, promptly after notice of rejections.
Responses to this IFB, including bid prices, will be considered firm for ninety (90) days after the due date for receipt of bids.
Lea County Purchasing Officer or his/her designee may inspect, at any reasonable time, the part of the contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.
This procurement in no manner obligates Lea County or any of its departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Procurement Officer and other required approval authorities.
This IFB may be canceled at any time and any and all bids may be rejected in whole or in part when the County determines such action to be in the best interest of the County.
The vendor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the vendor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the County and are in addition to and do not limit any rights afforded to the County by any other clause of this order. Vendor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.
Any contract awarded as a result of this IFB process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The County's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.
The unit price shall exclude all state taxes.
The County requires that all Bidders agree to be bound by the General Requirements contained in this IFB. Any Bidder concerns must be promptly brought to the attention of the Procurement Manager.
This procurement and any agreement with Bidders that may result shall be governed by the laws of the State of New Mexico.
The County reserves the right to cancel all or any part of this order without cost to the County, if the vendor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the vendor liable for any excess cost occasioned by the County due to the vendor's default. The vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond their control and without the fault or negligence of the vendor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the County shall determine that the supplies or services to be furnished by the subcontractors were obtainable form other sources in sufficient time to permit the vendor to meet the required delivery scheduled. The rights of the County provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.
In signing this bid the vendor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the County Purchasing Officer or his/her designee.
Only information supplied by the County in writing through the Procurement Officer or in this IFB should be used as the basis for the preparation of Bids.
The County may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this IFB. The County will reject the bid of any bidder who is not a responsible Bidder or fails to submit a responsive Bid as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.
Vendor doing business with the Lea County Road Department must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).
Sections 13-1-1 through 13-1-199 NMSA 1978> imposes civil and criminal penalties for its violation. In addition the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
Lea County reserves the right to waive minor irregularities.
The County reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the County, meeting its needs adequately.
All bid items are to be NEW and of most current production, unless otherwise specified.
Except as otherwise agreed to: late payment charges may be assessed against the County in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.
The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities and kick-backs.
The County reserves the right to accept all or a portion of a submitted Bid. The County further reserves the right to award all items to one vendor, to award any combination of items to one or multiple vendors, or to not award any item or combinations of items under this IFB.
The contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor 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.
Through the duration of this procurement process and contract term, potential bidders and contractors must secure from the County written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the bid or contractor, or termination of the contract.
Personnel proposed in the Contractor's written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor's personnel at any time.
The Contractor shall not subcontract any portion of the Price Agreement/Contract without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.
All documents submitted in response to the IFB shall become the property of the County.
The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement's term and effect, and retain them for a period of three (3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.
Bidders shall promptly notify the Procurement Officer, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the IFB.
Any confidential information provided to, or developed by, the contractor in the performance of any agreement resulting from this IFB shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of Lea County.
The County may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this IFB. The County will reject the bid of any Bidder who is not a responsible Bidder or fails to submit a responsive bid as defined in Sections 13-1-82 and 13-1-84 NMSA 1978.
Bidders must, upon request of the County, provide information and data to prove that the financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services.
The Contractor shall procure and maintain at the Contractors expense insurance of the kinds and in amounts herein provided.
By submitting a bid, bidder certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the bid submitted to the County.
The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.
County furnished property shall be returned to the County upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.
Separate invoices shall be rendered for each and every complete shipment.
Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the County. Samples not destroyed or mutilated in testing will be returned upon request, at Bidder’s expense. Each sample must be labeled to clearly show the bid number and item number to which it pertains. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder's risk, may not be considered and will not be returned.
The County reserves the right to award this Invitation to Bid in total to one vendor; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in its judgment, best serves the interest of the County.
All deliveries must be F.O.B. Destination – Freight Pre-Paid, unless otherwise indicated by the Chief Procurement Officer
All bid items are to be NEW and of most current production, unless otherwise specified.
Changes or amendments to specifications, conditions or provisions herein may be initiated ONLY through the Purchasing Department in the form of a written addendum. Any addenda shall become a part of this bid.
It is the responsibility of all persons or businesses considering submitting a bid in response to this solicitation to ensure that they have received all addenda prior to making a bid. Addenda will be posted to Lea County’s website (www.leacounty.net) via the “Bid Opportunities” link prior to the due date for the receipt of bids. All potential Bidders that have submitted the Acknowledgement of Receipt Form will be notified of the availability of such addenda.
The award for this IFB shall be based on the lowest responsible bid, which meets minimum specifications based on the specifications listed in “Specifications,” below (Including “Technical Specifications”). Actual requirements will be determined by Lea County and may be increased or decreased as necessary to meet those requirements. Lea County does not guarantee any amount of work, services or property needed. The Board of County Commissioners reserves the right to reject any and all bids, to wave technical irregularities, as described above and to accept the bid(s) which in its judgment is most advantageous to Lea County.
The County reserves the right to cancel all or any part of any orders placed under this contract without cost to the County, if the Vendor fails to meet the provisions of this contract and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the County due to the Vendor's default. The Vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Vendor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the County shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery scheduled. The rights and remedies of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this contract.
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Upload Bid Security in the sum of 5% of the total amount proposed.
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SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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