RFP P514-26 Workforce Management Assessment & Transformation Addendum 1 [PDF] Amended and Restated Addendum 1 and Extended Due Date [PDF]

SECTION I. INTRODUCTION AND GENERAL INFORMATION
The purpose of this Request of Proposals (RFP) is to solicit sealed proposals to establish contract(s) through
competitive negotiations for the procurement of goods and/or services as set forth in Exhibit A, Purpose
and Scope of Work.
It is intended that this RFP will result in UNMH entering into a contractual agreement with one or more
successful Offeror(s), for an Initial Contract Term of four (4) year(s), with price adjustments as may be
mutually agreed during the term, with an option to renew for additional terms as may be provided for in
NMSA 13-1-150 (Multi-Term Contract). Continuation of the contract(s) is contingent upon satisfactory
contract compliance by the Contractor, as determined by UNMH. The UNMH must approve all contract
renewals, amendments and adjustments.
1.1 Forms and Exhibits. The RFP Submission Forms and Exhibits and the other documents requiring
execution by the Offeror shall be completed and signed by a duly authorized representative of the
Offeror. Proposals should be completed without delineations, alterations, or erasures. Should there
be any discrepancy between the original and any of the copies, the original shall prevail.
1.2 Requirements. For purposes of this RFP:
1.2.1 "must" and "shall" indicate that the requirement is mandatory, subject to provisions of this
RFP; and
1.2.2 "should", "could" and "may" indicate that the requirement is discretionary.
1.3 Notice. The Offerors are put on notice that from the date of issue of the RFP through any award
notification of the Agreement:
1.3.1 Only the Procurement Specialist is authorized by the UNMH to amend or waive the
requirements of the RFP pursuant to the terms of this RFP;
1.3.2 Offerors should not contact any of the staff at UNMH, (except for the Procurement Specialist)
in regards to this RFP, unless instructed to in writing by the Procurement Specialist;
1.3.3 Under no circumstances shall the Offeror rely upon any information or instructions from the
Procurement Specialist, UNMH employees or their agents unless the information or
instructions is provided in writing by the Procurement Specialist in the form of an addendum;
and
1.3.4 UNMH, their employees, nor their agents shall be responsible for any information or
instructions provided to the Offeror, with the exception of information or instructions
provided in an addendum by the Procurement Specialist.
1.4 Information
1.4.1 Offeror to Review. The Offeror must carefully review this RFP and ensure that the Offeror
has no reason to believe that there are any uncertainties, inconsistencies, errors, omissions,
or ambiguities in any part of this RFP. Each Offeror is responsible for conducting its own
investigations and due diligence necessary for the preparation of its Proposal.
1.4.2 Offeror to Notify. If the Offeror discovers any uncertainty, inconsistency, error, omission or
ambiguity in this RFP, the Offeror must notify the Procurement Specialist in writing prior to
submitting the Offeror's Proposal.
1.4.3 Offerors shall not: Claim after submission of a Proposal that there was any misunderstanding
or that any of the conditions set out in Section 1.4.1 Offeror to Review were present with
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respect to this RFP; or hold any staff of UNMH liable for any uncertainty, inconsistency,
error, omission, or ambiguity in any part of this RFP.
1.5 Clarification and Questions
1.5.1 Submission. Offerors may request clarification of this RFP by:
1.5.1.1 Submitting all requests for clarification by email to the Procurement Specialist
identified on page 1 of this RFP or as otherwise directed by the Procurement
Specialist;
1.5.1.2 Including the Offeror's address, telephone number, facsimile number and email
address;
1.5.1.3 If the question pertains to a specific section of this RFP, reference should be made
to the specific section number and page; and
1.5.1.4 Submitting all requests for clarification no later than 2:00 PM MST/MDT
Friday May 22nd .
1.5.2 Questions and Answers. The UNMH will provide Offerors with written responses to
questions in the form of an addenda that are submitted in accordance with Section(s) 1.5.1
and 1.6. All addenda shall form part of this RFP. Questions and answers will be distributed
in numbered addenda. In answering the Offeror's questions, the Procurement Specialist will
include in all addenda the questions asked but will not attribute the questions to any Offeror.
Notwithstanding the foregoing, the Procurement Specialist may in its sole discretion answer
similar questions from various Offerors only once, edit the questions for clarity, and elect not
to respond to questions that are either inappropriate or not comprehensible.
1.6 Issued Addenda. Each Offeror shall be responsible for verifying before submitting its Proposal that
it has received all addenda that have been issued. All addenda will be posted on the UNMH proposal
website visit http://hsc.unm.edu/health/about/bids-proposals/proposals.html. Instructions,
clarifications or amendments which affect this RFP may only be made by addendum.
1.7 Amendments to the RFP. UNMH shall have the right to amend or supplement this RFP in writing
prior to the Closing Time. No other statement, whether written, oral or inferred, will amend this
RFP. The addenda shall be binding on each Offeror.
1.8 Clarification of Offeror's Proposal
1.8.1 UNMH shall have the right at any time after Proposal submission, to seek clarification from
any Offeror in respect of such Offeror's Proposal, without contacting other Offerors. UNMH
is not obliged to seek clarification of any aspect of a Proposal.
1.8.2 Any written response received by UNMH from an Offeror in response to a request for
clarification from UNMH shall be considered part of the Offeror's Proposal.
1.9 Verification of Information. UNMH shall have the right to:
1.9.1 Verify any Offeror statement or claim by whatever means the UNMH deems appropriate,
including contacting persons in addition to those offered as references, and to reject any
Offeror statement or claim, if the statement or claim or its Proposal is patently unwarranted
or is questionable; or
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1.9.2 Access the Offeror's premises where any part of the work is to be carried out to confirm
Proposal information, quality of processes, and to obtain assurances of viability; and
1.9.3 The Offeror shall cooperate in the verification of information and is deemed to consent to
UNMH verifying such information.
SECTION II. PROPOSAL COPIES AND FORMAT
2.1 Number of Responses and Copies
Offeror's proposal shall be clearly labeled, numbered, and indexed as outlined in Section 2.2.
Proposal Format. Proposals must be submitted as outlined below. The original copy shall be clearly
marked as such on the front of the binder. Each portion of the proposal must be submitted in separate
binders and must be prominently displayed on the front cover.
2.1.1 Proposals must be sealed and labeled on the outside of the package to clearly indicate that
they are in response to the RFP P514-26 WORKFORCE MANAGEMENT
ASSESMENT & TRANSFORMATION
2.1.2 Proposal - One (1) ORIGINAL, Five (5) HARD COPY, and one (1) ELECTRONIC
COPY of the proposal; ORIGINAL and COPIES shall be in separate labeled binders.
The proposal can NOT be emailed.
2.1.3 Electronic Copies - The electronic version/copy of the proposal must mirror the physical
binders submitted (i.e. One (1) usb,). The electronic version can NOT be emailed. The
original, hard copy and electronic copy information must be identical. In the event of a
conflict between versions of the submitted proposal, the Original hard copy shall
govern.
Any proposal that does not adhere to the requirements of this Section and Section 2.2 Response
Format and Organization, may be deemed non-responsive and rejected on that basis.
2.2 Proposal Format
2.2.1 All proposals should be submitted as follows:
a. Hard copies should be typewritten on standard 8 12 x 11 inch paper (larger paper
is permissible for charts, spreadsheets, etc.)
b. Pages should be one-sided, one and one-half spaced and numbered.
c. Typeface should be easily readable such as Time Roman, type size 12-point.
d. Each Proposal should be placed within a binder with tabs delineating each
section as outlined under Section 2.2.2 Proposal Content and Organization.
2.2.2 Proposal Content and Organization
Direct reference to pre-prepared or promotional material may be used if referenced and
clearly marked. Promotional material should be minimal. The proposal should be organized
and indexed in the following format and must contain, at a minimum, all listed items in the
sequence indicated.
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A. Table of Contents
B. Signed Authorized Signature Page (Exhibit C) (Required)
C. Proposal Summary (Optional)
1. Organizational Experience, quality, stability, (Exhibit A, Section IV. A)
a. Company Ownership & Management
b. Company Organization and Staff
c. Management Approach
d. Company Experience
e. Technical Approach
2. Technical Approach (Exhibit A, Section II, III, and IV. B)
3. Cost Proposal (Exhibit A, Section IV C) (Exhibit H)
D. Exhibits
1. Resident Veterans Certificate (Exhibit B) (If Applicable)
2. Small & Small Disadvantaged Business Certification (Exhibit D)
3. Conflict of Interest and Debarment/Suspension Certificate Form (Exhibit
E)
4. Insurance Requirements (Exhibit F)
5. Certification and Disclosure regarding Payments to Influence certain
Federal Transactions (April 1991) (Exhibit G)
6. Cost Proposal (Exhibit H)
E. Offeror's Additional Terms and Conditions (if applicable)
F. Other Supporting Material (If applicable)
Within each section of the proposal, Offerors should address the items in the order indicated above. All
forms provided in this RFP must be thoroughly completed and included in the appropriate section of the
proposal.
The proposal summary may be included by potential Offerors to provide the Evaluation Committee with
an overview of the proposal; however, this material will not be used in the evaluation process unless
specifically referenced from other portions of the Offeror's proposal.
SECTION III. ADDITIONAL INSTRUCTIONS TO OFFERORS
3.1 If resident or veteran preference will be claimed, in accordance with NMSA 1978 13-1-21 (as
amended), Offerors must include a copy of their preference certificate with their proposal, with
Exhibit B. Certificates for preferences must be obtained through the New Mexico Department of
Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-
certification.aspx. In addition, for the resident Veterans preference, the attached Resident Veteran
Preference Certification" form (Exhibit B) must be completed and signed.
3.1.1 New Mexico Business Preference. If the Offeror has provided their Preference Certificate
with its proposal, preference points will be added consistent with the NM Procurement code.
3.1.2 New Mexico Resident Veterans Business Preference. If the Offeror has completed the
Resident Veterans Certification Form with its proposal, preference points will be added
consistent with the NM Procurement code.
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3.1.3 An agency shall not award a business both a resident business preference and a resident
veteran business preference.
3.2 AUTHORIZED SIGNATURE PAGE: Review and submit the Authorized Signature Page attached
hereto as Exhibit C.
3.3 SMALL AND DISADVANTAGED BUSINESS CERTIFICATION FORM: Review and submit
the Small and Small Disadvantaged Business Certification Form attached hereto as Exhibit D.
3.4 CONFLICT OF INTEREST CERTIFICATION FORM: Review and submit Conflict of Interest
Certification Form attached hereto as Exhibit E.
3.5 INSURANCE REQUIRMENTS: The Offeror should provide proof of insurance coverage, meeting
the requirements in the Section labeled "Insurance Requirements" or as noted in the specifications
Exhibit F. Offeror should submit proof of insurance in the form of a "Certificate of Insurance" with
their response and prior to commencing work under the resulting contract. Offeror's insurance shall
remain in effect for the entire term of the contract and must be extended to coincide with any future
contract extensions. The Offeror must provide proof of insurance coverage acceptable to UNMH, in
its sole discretion, prior to award of an Agreement.
3.6 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS. Review and submit the Certification And Disclosure
Regarding Payments To Influence Certain Federal Transactions (April 1991) form attached hereto
as Exhibit G.
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SECTION IV. REQUEST FOR PROPOSAL GENERAL TERM AND CONDITIONS.
The following General Terms and Conditions are an equal and integral part of this Request For Proposal (RFP). The
terms, conditions and specifications contained in this RFP along with any attachments and the Offerors' response
may be incorporated into any Purchase Order/ Agreement issued as a result of this RFP, including any addenda.
UNMH reserves the right to negotiate with a successful Offeror (Contractor) provisions in addition to those stipulated
in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offerors' proposal may be
incorporated into the Contract. Should an Offeror object to any of the UNMH Standard Terms and Conditions the
Offeror must propose specific alternative language that would be acceptable to UNMH. General references to the
Offerors' terms and conditions or attempts at complete substitutions are not acceptable to UNMH and will result in
disqualification of the Offerors' proposal. Offerors' must provide a brief statement of the purpose and impact, if any,
of each proposed change followed by the specific proposed alternate wording.
Any additional terms and conditions which may be the subject of negotiation will be discussed only between UNMH
and the successful Offeror and shall not be deemed an opportunity to amend the Offeror's proposal.
UNMH reserves the right to reject any proposal that does not meet the terms and conditions of the request for
proposal. It further reserves the right to accept or reject any modifications to the terms and conditions if it is in the
best interest of the UNMH to do so.
1. ALTERNATE OFFERS. Alternate offers will be accepted and considered provided they are "equal to" and meet
all specifications of this RFP which may include all specifications of the Brand used to identify the quality of the
goods and/or services requested. The University reserves the right to make the final determination as to whether
or not an alternate offer is equal. It is the Offeror's responsibility to provide, as part of the offer, descriptive
literature, specifications and information on all alternate products and services offered. References of current
users should be included. If the item(s) or service(s) offered are not clearly identified as alternate item(s) or
services, it is understood that the offer is for item(s) and service exactly as specified in this RFP.
2. APPROPRIATION. The terms of the contract are contingent upon sufficient appropriations and authorization
being made by the Regents of the University of New Mexico. If sufficient appropriations and authorization are
not made by the Regents of the University of New Mexico, the contract shall, notwithstanding any other provisions
of the contract, terminate immediately upon the Offeror's receipt of written notice of termination from the UNMH.
3. ASSIGNMENT. Any resultant Purchase Order/Agreement may be assignable by the University. Except as to any
payment due hereunder, any resultant Purchase Order/Agreement shall not be assignable by Seller without written
approval from the University.
4. AWARDS - MULTIPLE. The University reserves the right to make multiple awards to primary and secondary
source or to otherwise split the award of the items, projects and/or sections of this proposal.
5. PERIOD OF CONTRACT. The term of the resultant Price Agreement(s) arising from this proposal may be for a
term of years as provided for in NMSA 13-1-150 (Multi-Term Contract).
6. BRAND NAME OR EQUAL. The brand name(s), part and/or catalog number(s) are used to establish a level of
quality and to describe the item(s) required. If offering a brand, part or catalog number other than that listed, please
indicate items offered and include literature and/or technical specifications. Failure to do so may cause offer to be
declared non-responsive.
7. CANCELLATION. The University reserves the right to cancel without penalty, this RFP, any resultant Purchase
Order/Agreement, or any portion thereof for convenience, unsatisfactory performance, or unavailability of funds.
8. DELIVERY DATE. Delivery is an important consideration and is a factor in determining the award. If you cannot
meet the delivery date stated, please state your earliest delivery date in your offer.
9. DISCLOSURE OF PROPOSAL CONTENTS. The proposals will be kept confidential until UNMH awards a
price agreement. At that time, all proposals and documents pertaining to the proposals will be open to the public,
except for material that is proprietary or confidential. The Procurement Managers will not disclose or make public
any pages of a proposal on which the Offeror has stamped or imprinted "proprietary" or "confidential" subject to
the following requirements:
Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public
inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential
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financial information concerning the Offeror's organization and data that qualifies as a trade secret in accordance
with the Uniform Trade Secrets Act, 57-3A-l to 57-3A-7 NMSA 1978. The price of service offered or the cost of
services proposed shall not be designated a proprietary or confidential information.
If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality,
UNMH shall examine the Offeror's request and make a written determination that specifies which portions of the
proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be
so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the
disclosure of confidential data.
10. EQUIPMENT REQUIRED. The proposer shall be responsible for supplying and maintaining all equipment and
materials necessary to complete the work to be performed under this RFP except as otherwise noted in the
Specifications.
11. EMPLOYEE CERTIFICATION. The Offeror and all Offerors' employees utilized on the work to be performed
under this RFP must have the proper certification(s) and license(s) to comply with State and local requirements
connected to this RFP. The Offeror shall use only fully qualified and approved service technicians to perform
inspections, service and/or repairs under this request.
12. WARRANTY: A copy of the warranty must be included in your submission.
13. PERIOD FOR OFFER ACCEPTANCE. Offeror agrees that any offer made submitted will be good for a period
of one hundred and eighty days (180) calendar days; an additional time period may be requested by UNMH.
14. PURCHASE ORDER/AGREEMENT. Any resultant Purchase Order/Agreement shall be the sole and entire
Purchase Order/Agreement between the parties; any documents incorporated into the Purchase Order/Agreement
are listed explicitly on the front side of the Purchase Order/Agreement, or are incorporated by implication by the
terms of any resultant Purchase Order/Agreement. Any terms inconsistent with or in addition to any resultant
Purchase Order/Agreement proposed by Seller are deemed rejected unless agreed to in writing by an appropriate
University official.
15. RELATIONSHIP OF PARTIES. The parties and their respective employees are at all times acting as independent
Offerors. Offeror will not be considered an employee of UNMH for any purpose, including, but not limited to,
workers' compensation, insurance, bonding or any other benefits afforded to employees of UNMH. Neither party
has any express or implied authority to assume or create any obligation or responsibility on behalf of or in the
name of the other party.
16. REQUEST AS AGREEMENT: This Request for Proposal governs any offer and the selection process. Submission
of an offer in response to this Request for Proposal constitutes acceptance of all this Request's terms and
conditions. The terms and conditions of the Request may not be modified, altered, nor amended in any way by
any Offer. Any such modification, alteration, or amendment shall be considered to be a request for modification,
alteration or amendment, which request shall be deemed denied unless specifically accepted in writing by UNMH.
Upon issuance of a Purchase Order, this Request shall be superseded, unless it is referenced on the front page of
the Purchase Order, in which case it shall be deemed to be fully incorporated and integrated into the resultant
contract.
17. LATE SUBMISSIONS. Late submissions of offers will not be accepted or considered unless it is determined by
the University that the late receipt was due solely to mishandling by the University or the offer is the only offer
received. Late submissions will be returned unopened
18. OPTION TO RENEW. UNMH reserves the option to renew the RFP's resultant contract if such renewal is
mutually agreed to and found to be in the best interests of UNMH. These renewal options will be exercised in
increments as indicated in the RFP's specifications, or if not stated, in one-year terms.
19. GOVERNING LAW. All resultant Purchase Order/Agreements shall be construed in accordance with the laws
of the State of New Mexico as they pertain to Purchase Order/Agreements executed and fully to be performed
within New Mexico, or federal law where applicable, but in either case excluding that body of law relating to
choice of law.
20. RIGHT TO PROTEST. The solicitation of the award of an RFP/Invitation for Bid (IFB) may be protested as per
the UNMH Purchasing Regulation 11, Protest Procedures, which may be found at the following UNMH web site:
http://www.UNMH.edu/~purch/reg11.pdf.
21. STATE AND LOCAL ORDINANCES. The Seller shall perform work under the resultant contract in strict
accordance with the latest adopted version of all State and local codes, ordinances, and regulations governing the
work involved. All materials and labor necessary to comply with the rules, regulations and ordinances shall be
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provided by the Seller. Where the drawings and/or specifications indicate materials or construction in excess of
the code requirements, the drawings and/or specifications shall govern. The Seller shall be responsible for the final
execution of the work to meet these requirements. In the event of a conflict between various codes and standards,
the more stringent shall apply.
22. INFORMATION SECURITY PLAN. Offeror(s) shall not install any systems software and hardware,
applications, databases, information or etc. on UNMH's computing devices-assets including export/import files,
custom files or etc. without prior approval from UNMH's IT division. The successful Awardee may be required
to complete the UNMHs Information Security Plan Information and submit to UNMH's IT department for
approval. Failure to complete form upon UNMH's request or failing to receive IT approval may result in
Offeror(s) being considered as non-responsive and/or termination of agreement.
23. TAXES. The University is exempt from Federal Excise Taxes and from New Mexico Gross Receipts Taxes on
materials. Services are not exempt. Taxes on services should be included as a separate line item and not included
in the base price offer. Applicable taxes are excluded from the RFP evaluation. A non-taxable transaction
certificate is available upon request by contractor.
24. QUANTITIES. UNMH may purchase all, some or none of the elements described in this proposal or Offerors
responses. In addition, actual quantities may fluctuate up or down based on UNMH needs. The successful bidder
will be required to fill all orders placed regardless of quantities ordered.
25. AGENTS/SUBCONTRACTORS. The Offeror shall indicate whether the Offeror intends to use agents or
subcontractors to perform the services outlined in the Agreement and shall provide details on who they are and
the service(s) the agent/subcontractor shall perform. The successful Offeror shall remain primarily responsible
for the performance of the Agreement notwithstanding its use of agents or subcontractors as approved by the
Hospital. If the Offeror is not using agents or subcontractors on this RFP, the Offeror should respond by stating
not applicable.
26. DAMAGE AND SECURITY OF UNMH PROPERTY. The proposer shall be responsible for all damage to
persons or property that occurs as a result of proposer's fault or negligence, or that of any of his employees, agents
and/or subcontractors. The proposer shall save and keep harmless UNMH against any and all loss, cost, damage,
claims, expense or liability in connection with the performance of this contract. Any equipment or facilities
damaged by the proposer's operations shall be repaired and/or restored to their original condition at the proposer's
expense, including but not limited to cleaning and painting.
27. DISRUPTION OF NORMAL ACTIVITY. All work shall be performed so as not to interfere with normal College
activities. When it is necessary to disrupt normal activities, the schedule of work, and the areas to be affected
must be approved by UNMH's authorized representative prior to commencement of the work.
28. NEW MATERIALS REQUIRED. All materials and equipment delivered and/or installed under this RFP shall be
new and be the standard products of a manufacturer regularly engaged in the production of the materials and
equipment. Where two or more units of the same class of materials and/or equipment are required, the units shall
be the products of the same manufacturer. Any manufacturer's data supplied with the item(s) shall be submitted
to UNMH's authorized representative.
29. OSHA REGULATIONS. The Seller shall abide by Federal Occupational Safety and Health Administration
(OSHA) regulations, the State of New Mexico Environmental Improvement Board's Occupational Health and
Safety Regulations that apply to the work performed under this RFP. The Seller shall defend, indemnify, and hold
UNMH free and harmless against any and all claims, loss, liability and expense resulting from any alleged
violation(s) of said regulation(s) including but not limited to, fines or penalties, judgments, court costs and
attorney's fees.
30. INDEMNITY. Offeror shall agree to indemnify and hold UNMH harmless for acts or omissions to act of
Contractor, its employees.
31. PACKAGING. Packaging of materials under this contract shall meet the minimum specifications indicated under
Packaging Specifications. If there are no packaging specifications listed, the packaging shall be suitable to insure
that the materials are received in an undamaged condition. All material returns will be at the Offeror's expense.
32. PATENT AND COPYRIGHT INDEMNITY. Seller shall indemnify, defend and hold harmless the University
against all losses, liabilities, lawsuits, claims, expenses (including attorneys' fees), costs, and judgments incurred
through third party claims of infringement of any copyright, patent, trademark or other intellectual property rights.
33. RELEASE UNMH REGENTS. The Contractor shall, upon final payment of the amount due under the contract
release Regents of the University of New Mexico Hospitals, their officers and employees and the State of New
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Mexico from liabilities, claims and obligations whatsoever arising from the contract. The Contractor agrees not to
purport to bind the University of New Mexico Hospitals or the State of New Mexico to any obligation not assumed
in the contract by the Regents of the University of New Mexico Hospitals or the State of New Mexico unless the
Contractor has express, written authority to do so, and then only within the strict limits of that authority.
34. REMOVAL OF OFFEROR'S EMPLOYEE(S). UNMH may request that Offeror's employee(s) be removed from
the work under the contract for cause. The UNMH may immediately terminate, with written notice to Offeror,
the services of any Contactor employee, if the University of New Mexico's management believes in good faith
that Offeror's employee is unable to perform the services with reasonable skill. Offeror's agreement may also be
terminated if Offeror's liability insurance coverage is modified or terminated.
35. ACCESS TO BOOKS AND RECORDS. As an independent contractor of the UNM Parties, Offeror shall, in
accordance with 42 U.S.C. 1395x(v)(1)(I) and 42 C.F.R. 420, Subpart D, until the expiration of four (4) years
after the furnishing of Medicare reimbursable services pursuant to this Agreement, upon proper written request,
allow the Comptroller General of the United States, the Secretary of Health and Human Services, and their duly
authorized representatives access to this Agreement and Offeror's books, documents, and records necessary to
certify the nature and extent of costs of Medicare reimbursable services provided under this Agreement. In
accordance with such laws and regulations, if Medicare reimbursable services provided by Offeror are carried Out
by means of a subcontract with an organization related to Offeror, and such related organization provides the
services at a value of $10,000 or more over a twelve (12)-month period, then the subcontract between Offeror and
the related organization shall contain a clause comparable to the clause specified in the preceding sentence. With
respect to services provided in respect of Hospital Patients that are covered under either the New Mexico Medicaid
Program and/or one or more of the Medicare Advantage Plans as to which the UNM Parties are a participating
provider, Offeror and its Physicians shall retain all of its records as to services provided to such Hospital Patients
for a period of not less than ten (10) years from and after the date of service.
36. RIGHT TO WAIVE MINOR IRREGULARITIES. The UNMH Evaluation Committee reserves the right to waive
minor irregularities. The UNMH Evaluation Committee also reserves the right to waive mandatory requirements
provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the
failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the
UNMH Evaluation Committee.
37. SCHEDULE DELAYS. If after the award, the Seller becomes aware of possible problems that could result in
delay in completion of the work on the agreed-to schedule; the Seller must immediately notify the Buyer or the
designated representative. The initial notification of the delay may be verbal with a written confirmation, giving
the probable cause and effect, with recommendations for alternate action. Nothing in this paragraph will be
interpreted as relieving the Seller of its contractual obligations; however, failure to notify UNMH promptly will
be basis for determining the Seller responsibility in an otherwise excusable delay.
38. SELLER'S EMPLOYEES AND AGENTS. Seller shall have complete charge and responsibility for persons
employed by Seller and engaged in the performance of the specified work. The Seller, its agents and employees
state that they are independent contractors and not employees of the University. Seller, its agents and employees
shall not accrue leave, retirement, insurance, bonding or any other benefit afforded to employees of the University
as a result of any resultant Purchase Order/Agreement.
39. SITE FAMILIARITY. The Seller shall be responsible for thoroughly inspecting the site and work to be done
prior to submission of an offer. The Seller warrants by this submission that the site has been thoroughly inspected
and the work to be done and that the offer includes all costs required to complete the work. The failure of the
Seller to be fully informed regarding the requirements of this Request will not constitute grounds or any claim,
demand for adjustment or the withdrawal of an offer after the opening.
40. SITE INSPECTION. The site(s) referenced in this RFP are available for inspection. Arrangements may be made
by contacting the individual listed on the cover sheer.
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