Vegetation Management at Eagle Draw Flood District

EDDY COUNTY
STATE OF NEW MEXICO
INVITATION FOR BIDS
IFB 25-09
Vegetation Management at Eagle Draw Flood District
Commodity Code(s): 988-14; 988-26
EDDY COUNTY PURCHASING
101 W. GREENE ST
CARLSBAD, NM 88220
Issued Date: March 19, 2026
Submission Deadline: April 9, 2026 @ 2:00 PM MST

IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
Table of Contents
I. GENERAL CONDITIONS ............................................................................................................................. 1
II. ELECTRONIC PROCUREMENT PORTAL ................................................................................................. 1
III. DEFINITION OF TERMINOLOGY .............................................................................................................. 2
IV. GENERAL REQUIREMENTS ...................................................................................................................... 4
RESIDENT/VETERAN PREFERENCE...............................................................................8
V. SPECIFIC CONDITIONS .............................................................................................................................. 9
VI. RESPONSE REQUIREMENTS.......................................................................................13
VII. BID OPENING, PROCESSING, AND AWARD...................................................................13
Forms
ACKNOWLEDGEMENT OF RECEIPT ............................................................................................. BID FORM 1
ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT ............................................ BID FORM 2
LETTER OF TRANSMITTAL ............................................................................................................ BID FORM 3
RESPONSES TO SPECIFICATIONS AND REQUIREMENTS ........................................................ BID FORM 4
COST FORM ....................................................................................................................................................... BID FORM 5
STATEMENT OF COMPLIANCE ...................................................................................................... BID FORM 6
CONFLICT OF INTEREST DECLARATION................................................................BID FORM 7
AFFIDAVIT OF NON-COLLUSION...........................................................................BID FORM 8
NEW MEXICO RESIDENT BUSINESS PREFERENCE CERTIFICATION............................BID FORM 9
CAMPAIGN CONTRIBUTION DISCLOSURE.............................................................BID FORM 10
REPLACE WITH CONTRACTORS IRS W-9...............................................................BID FORM 13

IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
I. GENERAL CONDITIONS
A. PURPOSE OF THIS INVITATION FOR BIDS
The Board of Eddy County Commissioners, on behalf of the Eddy County Flood Commissioner, is requesting
formal, price-based competitive sealed bids for Vegetation Management at Eagle Draw Flood District. Sealed
bids will be accepted until April 9, 2026, at 2:00 PM MST at the Eddy County Administration Building
Finance Department, 101 W. Greene Street, Carlsbad, New Mexico. Bids that are received from bidders
deemed responsible will be reviewed and a recommendation for award will be made to the Board of County
Commissioners based on the lowest responsive price(s) with any applicable preferences. Eddy County
reserves the right to accept or reject any bid or any part thereof; to award to multiple vendors when specified;
to defer action on the invitation for bids; to reject all bids; to waive technical irregularities which do not alter
the price, quality or quantity of the services or items being offered at the County's discretion, and to accept
the bid (or bids) which, in its judgment, is most advantageous to the County.
II. ELECTRONIC PROCUREMENT PORTAL
Eddy County has partnered with Bonfire Interactive and starting from 10/07/2017, all IFB or IFB submissions
will be conducted digitally. This initiative aims to simplify the procurement process and enhance the
efficiency and ease of doing business with your company. The Procurement Portal can be accessed at the
following link: Eddy County Procurement Portal. All vendors will need to register with the Procurement
Portal initially to log in and submit requested information. We encourage you to link your relevant commodity
codes to your profile so, if you choose, opportunities will be sent directly to you when it the solicitation
matches your codes. Information about registering can be found at this link: Vendor Registration Help. If
you have any questions, you may contact the Eddy County Chief Procurement Officer. Both the Eddy County
Procurement Portal and the Vendor Registration Help can be accessed via the links clickables above or at:
To access the procurement portal go to:
https://coeddynm.bonfirehub.com/portal/?tab=openOpportunities
To register as a vendor go to: www.co.eddy.nm.us
Under the Business tab; under BID / IFB Opportunities click on BID / IFB Vendor Registration
Instructions
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
III. DEFINITION OF TERMINOLOGY
This section contains definitions that are used throughout this procurement document, including appropriate
abbreviations.
"Bidder" is any person, corporation, or partnership who chooses to submit a sealed bid.
"Bid Sample" means a sample furnished by a bidder that shows the characteristics of an items offered in the bid.
"Board of County Commissioners" (also "BOCC") means the elected board in whom all powers of the County
are vested and who are responsible for the proper and efficient administration of the County government.
"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT),
whichever is in effect on the date specified.
"Contract" or "Agreement" means a written agreement for the procurement of items of tangible personal property
or services.
"Contractor" means a successful Bidder who enters into a binding contract.
"County" means the County of Eddy, State of New Mexico.
"Determination" means the written documentation of a decision of the Procurement Administrator including
findings of fact required to support a decision. A determination becomes part of the procurement file to which it
pertains.
"Descriptive Literature" means information available in the ordinary course of business that shows the
characteristics, construction or operation of an item.
"F.O.B. Destination" means goods are to be delivered to the destination designated by the user which is the point
at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance
of ownership of goods in transit. Any exception to F.O.B. Destination may cause a bid to be declared non-
responsive.
"Invitation for Bids" or "IFB" means all documents, including those attached or incorporated by reference, used
for soliciting sealed bids. Also known as "Invitation to Bid" or "ITB"
"Local public body" means every political subdivision of the state and the agencies, instrumentalities and
institutions thereof, including two-year post-secondary educational institutions, school districts and local school
boards and municipalities, except as exempted pursuant to the Procurement Code.
"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a
mandatory item. Failure to meet a mandatory item or factor may result in the rejection of the submitted bid.
"MDT" & "MST" mean Mountain Daylight Time (MDT) and Mountain Standard Time (MST). Usage is
dependent on which is in effect on the specified date.
"Procurement Administrator" means the person or designee authorized by the County to manage or administer
a competitive procurement; also referred to as "Purchasing Agent," and "Chief Procurement Officer."
"Procuring agency of the County" means the department or other subdivision of the County of Eddy that is
requesting the procurement of services or items of tangible personal property.
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
"Product" means an item of tangible personal property which is defined in the New Mexico Procurement Code
as tangible property other than real property having a physical existence, including but not limited to supplies,
equipment, materials and printed materials.
"Purchase Order" or "PO" means the document which directs a Contractor to deliver items of tangible personal
property or services pursuant to an existing, valid Contract.
"Purchasing" means the County of Eddy Purchasing Office or the Eddy County Purchasing Agent.
"Purchasing Agent" or "PA" means the Purchasing Agent for the County of Eddy.
"Responsible Bidder" means a Bidder who submits a responsive bid and who has furnished required information
and data to prove that their financial resources, production or service facilities, personnel, service reputation and
experience are adequate to make satisfactory delivery of the services or items of tangible personal property called
for in this Invitation for Bids.
"Responsive Bid" means a timely submitted bid which conforms in all material respect to the requirements set
forth in the Invitation for Bids. Material respects of an Invitation for Bids include, but are not limited to, price,
quality, quantity and delivery requirements.
"Services" means the furnishing of labor, time or effort by a Contractor not involving the delivery of a specific
end product other than reports and other materials which are merely incidental to the required performance.
"Services" do not include construction.
"State agency" means any department, commission, council, board, committee, institution, legislative body,
agency, government corporation, educational institution or official of the executive, legislative or judicial branch
of the government of the State of New Mexico.
"Successful Bidder" means the lowest priced Responsible Bidder to whom Eddy County, based on the County's
evaluation, makes an award. A Successful Bidder does not become a Contractor until the County signs the
Contract signed and submitted by the Bidder.
IV. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with the New Mexico Procurement Code (13-1-28
NMSA 1978) and the Eddy County Procurement Policy.
1. Acceptance of Conditions Governing the Procurement
By signing and submitting a bid, Bidders indicate their acceptance of the Conditions Governing the
Procurement. Submission of a Bid constitutes acceptance of the Technical Requirements, Award
Requirements, and Needs as described in this document by Eddy County.
2. Incurring Cost
Any cost incurred by the bidder in preparation, transmittal, presentation of any proposal or material, or
negotiation associated with its response to this IFB shall be borne solely by the bidder.
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
3. Prime Contractor Responsibility
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.
4. Subcontractors
Use of subcontractors is not allowed under this solicitation.
5. Bidders' Rights to Withdraw Bid
Bidders will be allowed to withdraw their bid at any time prior to the deadline for receipt of bids. The
approval or denial of withdrawal requests received after the deadline for receipt of the proposals is
governed by the applicable procurement regulations.
6. Bid Offer Firm
Responses to this IFB, including prices, will be considered firm for ninety (90) days after the due date for
receipt of bids.
7. No Obligation
This procurement in no manner obligates Eddy 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 Administrator and other required approval
authorities.
8. Termination
This IFB may be canceled at any time, and all proposals may be rejected as a whole or in part when the
County determines such action to be in the best interest of the County.
9. Sufficient Appropriation
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 affected 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.
10. Legal Review
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 Administrator.
11. Governing Law
This procurement and any agreement with Bidders that may result shall be governed by the laws of the
State of New Mexico.
12. Basis for Bid
Only information supplied by the County in writing through the Procurement Administrator or in this IFB
should be used as the basis for the preparation of bids.
13. Bidder Qualifications
The County may 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.
14. Right to Waive Minor Irregularities
The County reserves the right to waive minor irregularities at its discretion.
15. Change in Contractor Representatives
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.
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
16. Notice
The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil, misdemeanor and
felony criminal penalties for its violation. In addition, the New Mexico criminal statutes also impose felony
penalties for bribes, gratuities and kickbacks.
17. County Rights
The County reserves the right to accept all or a portion of a bid.
18. Ownership of Bids
All documents submitted in response to this IFB shall become the property of the County.
19. Ambiguity, Inconsistency or Errors in IFB
Bidders shall promptly notify the Procurement Administrator, in writing, of any ambiguity, inconsistency
or error which they discover upon examination of this IFB.
20. Confidentiality
No information submitted in relation to this IFB may be confidential. This document, all bids submitted
under this solicitation, and any additional documents will be made public information upon award,
pursuant NM State Law.
21. Electronic mail address required
A large part of the communication regarding this procurement will be conducted through the Eddy County
Procurement Portal or by electronic mail (e-mail). Bidder shall have a valid e-mail address to register or
to receive this correspondence.
22. Use of Electronic Versions of this IFB
This IFB is being made available by electronic means. If accepted by such means, the bidder acknowledges
and accepts full responsibility to ensure that no changes are made to the IFB. In the event of conflict
between a version of the IFB in the Bidder's possession and the version maintained by the County, the
version maintained by the County shall govern.
23. Contract Terms and Conditions
This document, together with a bid submitted and awarded through the Eddy County Board of
Commissioners, and a Notice of Award, constitutes as a legal and binding contract. The County may
desire or allow an additional or separate contract document to be executed in relation to this procurement
at its discretion.
24. Bidder Qualifications
a. The County may make such investigations 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.
b. 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.
25. Competition
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.
26. Use by Other Government Agencies
By submitting a bid, Bidder indicates that they understand and agree that other local public bodies and
public agencies within the State of New Mexico, if allowed by their governing directives, may contract for
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
the goods or services included in this procurement document at the discretion of the awarded Contractor(s).
Contractual engagements accomplished under this provision shall be solely between the awarded
Contractor and the contracting government entity with no obligation or liability by Eddy County.
27. Delivery
No Delivery shall be made before a valid Purchase Order is Issued. No Bidder, including a Bidder to
whom an award is made, shall deliver any item of tangible personal property, commence services, or start
construction prior to the issuance of a Purchase Order or Notice to Proceed issued by Eddy County.
28. County Furnished Property
County furnished property shall be returned to the County upon request in the same condition as received
except for ordinary wear, tears and modifications ordered here under.
29. Discounts
The Bid Form provides a space for the Bidder to identify prompt payment terms the Bidder is offering, if
any. Prompt payment discounts will not be considered in computing the low bid. Discounts for payment
within twenty (20) days will be considered after the award of the Contract. Discounted time will be
computed from the date of receipt of the merchandise, invoice or billing for services, whichever is later.
30. Packing, Shipping and Invoicing
a. The County's Agreement number and the Contractor's name, user's name and location shall be
shown on each packing and delivery ticket, package, bill of lading and other correspondence in
connection with the shipments. The user's count will be accepted by the Contractor as final and
conclusive on all shipments not accompanied by a packing ticket.
b. The Contractor's invoice shall be submitted and shall contain the following information: order
number, description of supplies or services, quantities, unit price and extended totals. Separate
invoices shall be rendered for each and every complete shipment.
31. Samples
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, will
not be returned.
32. Award Rights
The County reserves the right to award this Invitation to Bid in total; by groups of items based on 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.
33. Delivery
All deliveries must be F.O.B. Destination - Freight Pre-Paid, unless otherwise indicated.
34. New Materials
All bid items are to be NEW and of most current production, unless otherwise specified.
35. Warranty
The Bidder agrees that the products or services furnished under this order shall be covered by the most
favorable commercial warranties given to any customer. Bidder agrees not to disclaim warranties of fitness
for a particular purpose or merchantability.
36. Minimum Standard
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
Bid specifications indicate the minimum standard of quality, performance or other pertinent characteristics
required. All items equal or exceeding these specifications will be considered. All options, variations, or
exceptions to specifications must be listed.
37. Use of Brand Names and Numbers
a. Brand names and numbers are for reference only; equivalents will be considered. Where a brand
name or equal is indicated, it is for the purpose of describing the standard of quality, performance
and characteristics desired and is not intended to limit or restrict competition. "No substitute"
specifications may be authorized ONLY if required to match existing equipment.
b. Use of a brand name is for the purpose of describing the standard of quality, performance and
characteristics desired and is not intended to limit or restrict competition. When bidding an "or
equal" the burden of persuasion is on the supplier or manufacturer who has not been specified to
convince the procurement officer that their product is, in fact, equal to the one specified. The
procurement officer is given the responsibility and judgment for making a final determination on
whether a proposed substitution is an "or equal" (NMAC 1.4.24, subsection D).
c. If a specified brand name product is discontinued, an equivalent product of equal quality may be
accepted.
38. Equivalent Items Bid
If the Bidder offers an item other than the one specified, which the Bidder considers comparable, the
manufacturer's name and model number of that item must be specified in the bid and sufficient
performance specifications and descriptive data provided to permit a thorough evaluation. A separate
sheet(s) may be attached for this purpose. Failure to provide the appropriate information may result in
disqualification of the bid.
39. Restrictive Specifications
Specifications stated in this request are not intended to exclude any Bidder. If any Bidder is of the opinion
that the specifications as written preclude them from submitting a response to this IFB, it is requested that
their opinion be made known to the Procurement Administrator, in writing, as soon as possible but
preferably at least five (5) working days prior to the bid opening date.
40. Addenda
a. Changes or amendments to specifications, conditions or provisions herein may be initiated ONLY
through the Procurement Administrator in the form of a written addendum. Any addenda shall become
a part of this bid.
b. 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 Eddy County's website (www.eddycounty.org) via the "Bid Opportunities" link prior to the due
date for the receipt of bids.
41. Final Award
The award for this IFB shall be based on the lowest responsible bid, which meets minimum specifications
based on the specifications listed. Eddy County does not guarantee any amount of work, services or
property needed. The Board of County Commissioners reserves the right to reject all bids, to wave
technical irregularities, as described above, and to accept the bid(s) which in its judgment is most
advantageous to Eddy County.
42. Default
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.
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IFB 25-09 VEGETATION MANAGEMENT AT EAGLE DRAW FLOOD DISTRICT
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.
RESIDENT/VETERAN PREFERENCE
The New Mexico Procurement Code provides for preference for resident and resident veteran businesses
and contractors under certain conditions. If applicable, the preference will be provided to those bidders
that have provided a valid preference certificate with their bid.
For a Bidder to receive any of the available preferences, Bidder must submit a copy of their applicable
preference certificate with their bid. The preference certificate must have been issued by the New
Mexico Taxation and Revenue Department. Providing only a preference number is not acceptable and will
not qualify the Bidder for any preference. Preference does not apply to contracts that use federal funds.
For more information, or to obtain application forms, please go to:
https://www.tax.newmexico.gov/businesses/business-preference-certification/
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