REQUEST FOR PROPOSALS
ISSUED BY THE STATE OF NEW MEXICO,
ON BEHALF OF THE SOUTHWEST SUSTAINABLE FORESTS PARTNERSHIP,
FOR
COMMUNITY BASED SMALL DIAMETER UTILIZATION PROJECTS
OR
FEASIBILITY ASSESSMENTS ON THE USE OF WOOD BIOMASS AS A RENEWABLE ENERGY SOURCE SUITABLE FOR USE IN HEATING SYSTEMS FOR SCHOOLS,
PUBLIC BUILDINGS, OR COMMERICAL WOOD PRODUCT ENTERPRISE FACILITIES
The Southwest Sustainable Forests Partnership (Partnership), which consists of representatives from local governments, non-profit organizations, businesses, state forestry agencies in Arizona and New Mexico, federal agencies and tribal organizations, is developing sustainable community based enterprises capable of addressing the utilization of small diameter trees harvested from forest restoration and fire mitigation projects. These include, but are not limited to, projects that 1) use wood biomass as a renewable natural resource to provide clean, readily available energy suitable for use in heating or power systems for public schools, public facilities or commercial buildings or that 2) develop a sustainable forest products industry, markets and infrastructure in Arizona and New Mexico.
The New Mexico Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Division), on behalf of the Partnership, seeks proposals that will assist public schools, public facilities and commercial wood product enterprises with a biomass feasibility study on the use of woody biomass as an energy source. EMNRD also seeks proposals that illustrate support and development of sustainable, community-based forest and wood product enterprises in Arizona and New Mexico. EMNRD may award multiple contracts as a result of this Request for Proposals (RFP).
Expenditures eligible for Economic Action Program, Rural Development funds include labor, supplies, travel, materials and equipment. Equipment purchases in excess of $5,000 require a federal lien. Purchases of land and buildings are not eligible expenditures.
The U.S. Department of Agriculture has approved EMNRDs request to use Economic Action Program grant funds for the purposes outlined in this RFP. EMNRD will act as fiscal agent for the Partnership for purposes of this work. The goals of the Partnership are as follows:
Awarded contracts will be subject to federal assistance requirements. Information regarding federal funding can be obtained from the Office of Management and Budget (OMB). Circulars are available through the Internet at the following address: http://www.whitehouse.gov/omb/grants/. Circulars applicable are OMB Circular A-2; A-122, A-87, FAR part 31.202, A-110, A-102 and A-133.
Indirect costs may not exceed 10% of the total project budget.
Projects must contain a non-federal cash or in-kind match of at least 20% of the total project cost. Example - $50,000 (request) x 20% divided by 80% = $12,500 match required. Total cost of project = $62,500.
Applying organizations or businesses must have the ability to ensure fiscal accountability:
The contract period may extend from the date of contract approval by the New Mexico Department of Finance and Administration (DFA), if applicable, for a period of time not to exceed 24 months.
CONTRACT TERMS
Contracts may be awarded under the terms of the attached Professional Services Agreement or Governmental Services Agreement and in accordance with this RFP.
A. Proposing Applicants (Applicant) will examine all contract documents, noting particularly all stipulations that in any way affect the work. Failure of an applicant to acquaint itself fully with the amount and nature of the work required to fulfill all terms of the contract documents will not be considered as a basis for extra compensation after a contract has been awarded.
B. If an Applicant finds discrepancies, omissions or ambiguities in the contract documents, it will at once notify the EMNRD, which will send written corrections or explanations to all Applicants. EMNRD will not be responsible for any oral instructions.
C. If an Applicant's proposal substantially adds to, subtracts from or otherwise changes the provisions of this RFP, the proposal will be void.
D. Proposals must certify that all entities responsible for authorizing the activities of the Applicant have agreed that their proposal should be submitted as written.
Potential Applicants should submit a Notification of Intent (NOI) to their respective State or Tribal Coordinator on or before May 3, 2004 (use attached form). The NOI should briefly explain the proposed project; describe project objectives and specify who the principal partners will be. The NOI will provide Southwest Sustainable Forest Partnership Coordinators with an outline of each project and allow them to help Applicants focus their proposals. Southwest Coordinators are:
Tribal: John Waconda Arizona: Herb Hopper New Mexico: Kim Kostelnik
BIA-Southwest Region Little Colorado RC&D New Mexico Forestry Division
(505) 563-3000 (928) 524-6063 ext. 5 (505) 476-3337
1. Cover Sheet (use attached form)
2. A list of the project objectives
3. A list of expected accomplishments
4. A description of how the project will assist the local community
5. A statement as to whether or not the project will require access to federal forest resources and, if so, what commitment the applicant has from any federal partner for such access.
6. A description of how the proposed project would address the partnerships goals (see background section). Note: proposals are not required to meet all goals, but must meet at least one.
7. Project funding history detailing any funding that may have previously been received from grants through the Four Corners Sustainable Forests Partnership or other federal grant programs, if any.
8. A list of project partners and what each will contribute to the proposed project. Letters of commitment from project partners may be included in the proposal appendices.
9. A description of the proposed budget, by category, including personnel, equipment, consultant, supplies, administration and other.
10. FOR BIOMASS FEASIBILITY STUDY PROPOSALS ONLY, the biomass feasibility proposals at a minimum, must provide information concerning the following items, as well as all other items specified in the narrative:
a. A cost estimate of harvesting and delivering biomass materials to the facility site.
b. A comparative technology analysis.
c. Information on whether or not the system meets state and federal emissions standards.
d. A lifecycle or levelized cost of energy analysis.
Sample Budget
Small diameter utilization project FY2004
Requested | |||||
Personnel |
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| Saw operator | $25/hr | 2 | $ 30,000 | $7,500 | $37,500 |
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Equipment |
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| Replacement blades | $5000 | 2 | $10,000 | $ 2,500 (cash) | $12,500 |
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| Total $40,500 $10,500 $51,000 | |||||
In-kind costs personnel, 300 hours @ $25/hr and equipment (cash) = $10,500
Show what kind of match will be used; is it cash or in-kind services? If in-kind, what type is it - personnel, equipment, supplies, etc.? (Is the funding adequate to support the project? Are the costs reasonable in relationship to the projects objectives)?
11. Appendices (in addition to 5-page limit)
a. Resumes of key project manager(s)
b. Letters of support from community leaders, community groups, agencies, etc.
c. Letters of commitment from declared partners.
The items included in the PROPOSAL NARRATIVE shall be reviewed for completeness and used to assign a score to the proposal according to the following scale:
Excellent = A, the review panel finds that the proposal is complete and is an excellent match with the Partnerships goals;
Good = B, the review panel finds that the proposal is complete and is a good match with the Partnerships goals but has concerns about some aspects of the proposed project that must be addressed before the review panel can recommend funding;
Average = C, the review panel finds that the proposal is only partially complete and/or does not clearly address the Partnerships goals.
Poor = D, the review panel finds that the proposal does not meet the Partnerships goals.
Awarding of agreements is contingent upon sufficient appropriations and authorization being made by the U.S. Department of Agriculture.
Proposals submitted by Applicants will be considered non-proprietary and in the public domain.
EMNRD may conduct discussions with Applicants who submit proposals, but proposals may be accepted without such discussions.
Applicants must factor in Gross Receipts Tax (GRT) or Governmental Gross Receipts Tax (GGRT) costs as part of their responses where applicable. Any response that does not clearly indicate GRT or GGRT is included in the cost section may be deemed non-responsive and rejected.
The State of New Mexico reserves the right to cancel this RFP at any time if it is in the best interest of the State. The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
CONTACT PERSON AND PROPOSAL DEADLINES
Questions regarding this Request for Proposals should be addressed to: Kim Kostelnik, New Mexico Energy, Minerals, and Natural Resources Department, Forestry Division, P.O. Box 1948, Santa Fe, NM, 87504, Phone: 505-476-3337. Physical Address: NM Forestry Division, Wendell Chino Building, 1220 S. St. Francis Drive, Santa Fe, NM 87505. Proposals must be received no later than 4:30 p.m., Mountain Daylight Time, May 21, 2004. Absolutely no exceptions will be made for proposals not received by the appointed time. Proposals may not be sent by facsimile or e-mail.
Southwest Sustainable Forests Partnership
2004 Project Notice Of Intent
The Notice Of Intent (NOI)is requested so that the Southwest Sustainable Forest Partnership coordinators will know the Applicant intends to submit a full proposal and so that they may provide the Applicant with feedback during proposal development.
Applicants should answer the following questions and return this NOI to their State or Tribal Coordinator by May 3, 2004.
| Project Narrative: Briefly explain what the proposed project is about, its objectives, and how the project benefits the local community.
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Name of Organization:
Project Contact: Phone Number Fax Number
E-Mail Address
Amount Requested $ Matching $ = Total Project
Southwest Sustainable Forests Partnership
Project Cover Sheet
Project Contact Name:
Project Contact: Phone Number
Amount Requested $ Matching $ = Total Project
STATE OF NEW MEXICO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT
AND
(CONTRACTOR NAME)
THIS AGREEMENT is made and entered into by and between New Mexico Energy, Minerals and Natural Resources Department or its successor agency (EMNRD) and (contractor name) (Contractor).
IT IS MUTUALLY AGREED BETWEEN THE PARTIES:
1. Scope of Work: Contractor shall (insert scope of work details here).
Contractor shall also provide brief written progress reports to EMNRD on a (weekly, bi-weekly, monthly, quarterly, annual, with each request for payment/reimbursement or some other time frame) basis. (All contracts must have reporting requirements, or the program manager must justify the lack of reports in a written memo to the file for auditing purposes.)
2. Compensation: (Select Option 1, 2, or 3)
Option 1: (Work Product)
A. EMNRD shall pay Contractor for services rendered in an amount not to exceed _______________________________ ($ ______________), which shall include New Mexico Gross Receipts taxes, if applicable, and travel pursuant to Paragraph 2.__., below.
Option 2: (Lump Sum Amount for Specific Services)
A. Upon completion of services, EMNRD shall pay Contractor for services rendered in an amount not to exceed _______________________($ ), which shall include New Mexico Gross Receipts taxes, if applicable and any travel, if necessary. Payment of that total amount shall not relieve Contractor of any unperformed obligations under Paragraph 1.
(NOTE: IF YOU USE OPTION 2, THE SECOND PARAGRAPH ON COMPENSATION NEEDS TO BE DELETED AND ALSO, PARAGRAPHS B. and D.)
Option 3: (Time and Materials)
A. EMNRD shall pay Contractor for services rendered ________________________ ($____________) per (hour, day, week, month), such compensation not to exceed ______________________ ($____________) in total, which shall include New Mexico (Gross Receipts taxes, if applicable, and travel as shown in Paragraph 2.__., below.
(Payment) (Reimbursement) of that total amount shall not relieve Contractor of any unperformed obligations under Paragraph 1. Contractor shall not be entitled to receive any (reimbursement) (payments) unless supported by appropriate billing statements and documentation as provided in Paragraph 2.__. below.
B. EMNRD shall pay such travel expenses as may be incurred in the performance of this Agreement at the rates established in the New Mexico Per Diem and Mileage Act, NMSA 1978, Sections 10-8-1, et seq., as implemented by the current Department of Finance and Administration (DFA) Rule and the current EMNRD Travel Policy.
C. Contractor shall be responsible for paying New Mexico Gross Receipts taxes levied on amounts payable under this Agreement, if applicable.
D. All payments under this Agreement shall be made by EMNRD (on a reimbursement basis) (upon receipt of detailed and certified statements} evidencing to the satisfaction of EMNRD the propriety of each payment. (Vouchers must be supported by approved purchase order or equivalent document and invoice by the supplier, evidencing the propriety of each claim for payment. Wage amounts charged shall be based upon payrolls maintained by Contractor and must be supported by time and attendance sheets.)
E. Within fifteen (15) days after the date EMNRD receives written notice from Contractor that payment is requested for services or items of tangible personal property delivered on site and received, EMNRD shall issue a written certification of complete or partial acceptance or rejection of the services or items of tangible personal property. If EMNRD finds that the services or items of tangible personal property are not acceptable, it shall, within thirty (30) days after the date of receipt of written notice from Contractor that payment is requested, provide to Contractor a letter of exception explaining the defect or objection to the services or delivered tangible personal property along with details of how Contractor may proceed to provide remedial action. Upon certification by EMNRD that the services or items of tangible personal property have been received and accepted, payment shall be tendered to Contractor within thirty (30) days after the date of certification. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to Contractor at the rate of 1.5% per month.
3. Term: THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE NEW MEXICO DEPARTMENT OF FINANCE AND ADMINISTRATION (DFA). This Agreement may extend to (date), if written notice of extension is provided to Contractor by (date) of each year of the Agreement, or unless earlier terminated pursuant to Paragraph 4 or Paragraph 5, below.
4. Termination: This Agreement may be terminated by either party upon written notice delivered to the other at least ________________________ (___) days prior to the intended date of termination. By such termination, neither party may nullify obligations or duties incurred prior to the date of termination. The provision is not exclusive and does not waive other legal rights and remedies afforded the state in such circumstances as Contractors default/breach of contract.
5. Appropriations: The terms of this Agreement are contingent upon sufficient appropriation and authorization being granted by the New Mexico State Legislature (and the federal funding agency). If sufficient appropriation or authorization is not granted, this Agreement shall terminate upon written notice from EMNRD to Contractor. EMNRD's decision as to whether sufficient appropriations are available shall be final, binding and accepted by Contractor.
6. Status of Contractor: Contractor and its agents and employees are independent contractors performing professional services for EMNRD and are not employees of EMNRD or the State of New Mexico. Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles or any other benefit afforded to employees of EMNRD or the State of New Mexico by virtue of this Agreement. The Contractor acknowledges that all sums received hereunder are personally reportable by it for income tax purposes as self-employment or business income and are reportable for self-employment tax.
7. Assignment: Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without prior written approval from EMNRD.
8. Subcontracting: Contractor shall not subcontract any portion of the services to be performed under this Agreement or obligate itself in any manner to any third party, with respect to any rights or responsibilities under this Agreement, without the prior written approval from EMNRD.
Option: (If federal funding is involved, include the following Paragraphs, A and B.)
A. Contractor is required to provide EMNRD with evidence of competitive procurement for any subcontract, including records of advertisement of bid, proposals received and methods to select each subcontractor.
B. Any subcontract agreement shall include all provisions necessary to allow Contractor to meet its obligations and requirements under this Agreement.
Option: (Include paragraph below if Subcontractor will be reimbursed for travel expenses.)
C. Travel expense reimbursement requested for subcontractors, if applicable, shall be reimbursed in accordance with rates established in the New Mexico Per Diem and Mileage Act, NMSA 1978, Section 10-8-1, et seq., as implemented by the current DFA Rule and EMNRD Travel Policy.
9. Records and Audit: Contractor shall maintain, for three (3) years, detailed records that indicate the date, time and nature of services rendered. These records shall be maintained and available within the State of New Mexico if the Contractor has an office within the state; otherwise, Contractor shall make such records available to EMNRD within thirty (30) days upon request by EMNRD. Contractor shall permit any authorized representative of EMNRD, DFA, the New Mexico State Auditor (and the federal funding agency) to inspect and audit all data and records of Contractor relating to performance under this Agreement for three (3) years after final payment has been made. Contractor further agrees to include in all subcontracts hereunder the same right of inspection and audit against all subcontractors. Payment under this Agreement shall not foreclose the right of EMNRD to recover incorrect, excessive or illegal payments. The periods of inspection and audit may be extended for records which relate to litigation or settlement of claims arising out of performance of this Agreement (and costs and expenses of this Agreement for which exception is under consideration by the federal funding agency or any authorized representative) and shall continue until all potential litigation, appeals, claims or exceptions have expired or been resolved.
Option: (If federal funding is involved, include the following paragraph.)
Contractor's financial records involving services and procurement under this Agreement shall be audited annually pursuant to all federal, all state and local government audit requirements (insert specific rules on audit requirements, if any) and OMB Circular A-133, as prescribed by the Single Audit Act of 1984, or any subsequent OMB Circular requirements.
10. Release: Contractor, upon final payment of all amounts due under this Agreement, releases EMNRD and its officers and employees and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement. Contractor agrees not to purport to bind the State of New Mexico to any obligation not assumed herein, without express written authority from EMNRD, and then only within the strict limits of that written authority.
11. Confidentiality: Any confidential information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available by Contractor to any individual or organization without prior written approval from EMNRD.
Option:(include in PSA if acknowledgement required)
12. Acknowledgement: Contractor shall acknowledge EMNRD as a co-sponsor and funding source in all news releases, programs, proceedings and related publicity/publications for the Project.
13. Product of Services; Copyright: All materials developed or acquired by Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to EMNRD not later than the expiration date of this Agreement. Nothing produced, in whole or in part, by Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of Contractor.
14. Conflict of Interest: Contractor warrants that it presently has no interest in and that it shall not acquire any interest, direct or indirect, which would conflict in any manner with performance or services required under this Agreement. Contractor certifies that the requirements of the Governmental Conduct Act, NMSA 1978, Sections 10-16-1 through 18, regarding contracting with a public officer or state employee have been followed.
15. Amendment: This Agreement shall not be altered, changed or amended except by written instrument executed and approved by the parties hereto.
16. Waiver: No waiver of any breach of this Agreement or any of the terms or conditions hereof shall be a waiver of any other or subsequent breach; no waiver shall be valid or binding unless the same be in writing and signed by the party alleged to have granted the waiver.
17. Merger: This Agreement incorporates all the agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
18. Compliance with Funding Source Conditions: Contractor shall comply with all applicable state and federal statutes and regulations imposed as a consequence of funding pursuant to this Agreement.
19. Equal Opportunity Compliance: Contractor agrees to abide by all federal and state laws and regulations, pertaining to equal employment opportunity. In accordance with those laws and all regulations issued pursuant thereto, Contractor agrees that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual preference, gender identity,age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct those deficiencies.
20. Procurement, Utilization and Disposition of Property: If upon termination of this Agreement Contractor has any property in its possession belonging to EMNRD, Contractor shall account for the property and dispose of it as directed by EMNRD. (Otherwise procurement of property acquired by Contractor under this Agreement shall conform with the standards in the Common Rule). (All property procured under this Agreement shall be utilized and disposed in accordance with the Common Rule). Reports of property acquired shall be made to EMNRD within one (1) month following such acquisition.
21. Minimum Wage Rate: If applicable, Contractor shall comply with minimum wage rates as established by the New Mexico Labor and Industrial Commission, and with all other applicable requirements of that Commission, including posting of the wage rates in a prominent location on the site of hiring for and performance of this Agreement.
22. Hold Harmless Agreement: Contractor shall defend, indemnify and hold EMNRD, the State of New Mexico, its officers and employees harmless from all actions, proceedings, claims, demands, costs, damages, attorneys fees and all other liabilities and expenses of any kind from any source which may arise out of this Agreement or any amendment hereto in the proportion that the act or omission of Contractor, its officers, employees, servants or agents has caused such liability. Nothing in this Agreement shall be deemed to be a waiver by the State of New Mexico of the provisions of the Tort Claims Act, NMSA 1978, Sections 41-4-1, et seq.
23. Duty to Insure:
A. During the term of this Agreement and any amendment hereto, Contractor shall maintain in force a policy or policies of insurance providing:
1) Comprehensive performance liability protection covering contractual liability that may arise under this Agreement and any amendment hereto. Such insurance policy or policies shall name the State of New Mexico and EMNRD as co-insured or as principal beneficiaries.
2) Worker's Compensation protection that complies with the requirements of the New Mexico Worker's Compensation Act, NMSA 1978, Sections 52-1-1 et seq., if applicable.
3) Comprehensive public liability protection covering property damage and personal injury liability that may arise under this Agreement and any amendment hereto, in amounts equal to or greater than liability limits set forth in NMSA 1978, Section 41-4-19, as may be amended from time to time. Such policy or policies shall name the State of New Mexico and EMNRD as co-insured or as principal beneficiaries.
B. Contractor shall not commence any work under this Agreement until the required insurance coverage is obtained and proof of compliance with this Section is provided to EMNRD. Contractor shall notify EMNRD ten (10) days before cancellation or expiration of any required Workers' Compensation or contractual or public liability insurance coverage.
24. Attorneys Fees and Costs: Contractor agrees that if it is found by a court of competent jurisdiction to have breached this Agreement, or any amendments hereto, or to have committed any tortious act relating to the scope of this Agreement, EMNRD may recover from Contractor reasonable attorneys fees and costs in connection with litigation brought to obtain such judicial determination.
25. Criminal and Civil Liability: The New Mexico Procurement Code, NMSA 1978, Sections 13-1-28 through -199, imposes criminal and civil penalties for its violation. In addition, New Mexico criminal statutes further impose felony penalties for payments of bribes, gratuities or kickbacks.
26. Applicable Law: This Agreement shall be governed by the laws of the State of New Mexico.
IN WITNESS WHEREOF, the parties hereto have herein below executed this Agreement.
STATE OF NEW MEXICO
ENERGY, MINERALS and NATURAL [CONTRACTOR NAME]
RESOURCES DEPARTMENT FED. I.D. No.:
By: By:
Robert E. Castillo Authorized Representative/Title
Administrative Services Division Director
Date: Date:
STATE OF NEW MEXICO
DEPARTMENT OF FINANCE AND
ADMINISTRATION
By:
State Contracts Officer
Date:
(IF PROFESSIONAL SERVICES AGREEMENT AMOUNT EXCEEDS $200,000, INCLUDE A SIGNATURE LINE FOR THE ATTORNEY GENERAL.)
This Agreement has been approved by the New Mexico Attorney General.
By:
Date:
(SELECT OPTION 1, 2, OR 3) (OPTION 1, 2, OR 3 SHOULD BE PRINTED ON A SHEET BY ITSELF)
Option 1:
The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes.
STATE OF NEW MEXICO
TAXATION AND REVENUE
DEPARTMENT
I.D. No.:________________________________
By:____________________________________
Date:___________________________________
Option 2:
Services will be performed out-of-state, Contractor is exempt from paying gross receipts taxes.
STATE OF NEW MEXICO
TAXATION AND REVENUE
DEPARTMENT
I.D. No.:________________________________
By:____________________________________
Date:___________________________________
Option 3:
Services are to be performed by tax exempt organization per NMSA 1978, Section 7-9-29.
STATE OF NEW MEXICO
TAXATION AND REVENUE
DEPARTMENT
I.D. No.:________________________________
By:____________________________________
Date:___________________________________
BETWEEN THE
ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT
THIS AGREEMENT is made and entered into by and between New Mexico Energy, Minerals, and Natural Resources Department (ENMRD) and the (contractor name) (Contractor).
IT IS MUTUALLY AGREED BETWEEN THE PARTIES:
1. Scope of Work: (insert scope of work details here).
Contractor shall also provide brief written progress reports to EMNRD on a (weekly, bi-weekly, monthly, quarterly, annual, with each request for payment/reimbursement or some other time frame) basis. (All contracts must have reporting requirements, or the program manager must justify the lack of reports in a written memo to the file for auditing purposes.)
EMNRD shall (insert EMNRDs duties/obligations under this GSA here).
2. Compensation: (FOR SUBPARAGRAPH A, SELECT OPTION 1, 2 OR 3)
(OPTION 1: SEPARATE AMOUNTS FOR EACH DELIVERABLE)
A. EMNRD shall pay Contractor for services rendered an amount not to exceed __________________________ ($ _______________), which shall include New Mexico Governmental Gross Receipts Taxes, if applicable, and travel pursuant to Paragraph 2.B (Compensation), below. EMNRD shall make payment upon the satisfactory and timely completion of the work described above in Paragraph 1, Scope of Work and in the amount set forth below for each deliverable:
Payment shall not relieve the Contractor of any unperformed obligations under Paragraph 1, Scope of Work. Contractor shall not be entitled to receive any payment unless supported by appropriate billing statements and documentation as provided in Paragraph 2.D (Compensation).
(OPTION 2: LUMP SUM AMOUNT UPON COMPLETION OF ALL WORK)
A. Upon completion of services, EMNRD shall pay Contractor for services rendered an amount not to exceed ___________________________ ($ _____________), which shall include New Mexico Governmental Gross Receipts Taxes, if applicable and any travel if necessary. Payment of that total amount shall not relieve the Contractor of any unperformed obligations under Paragraph 1, Scope of Work. Contractor shall not be entitled to receive any payment unless supported by appropriate billing statements and documentation as provided in Paragraph 2.__, Compensation.
(OPTION 3: TIME AND MATERIALS)
C. Contractor shall be responsible for paying New Mexico Governmental Gross Receipts taxes levied on amounts payable under this Agreement, if applicable.
D. EMNRD shall make all payments under this Agreement (OPTION SELECT ONE OF THE FOLLOWING: upon the Contractors request and certification of completion (or partial completion). OR - upon receipt of detailed and certified statements evidencing to EMNRDs satisfaction each payments propriety). Vouchers must be supported by approved purchase order or equivalent document and suppliers invoice. Wage amounts charged shall be based upon payrolls maintained by Contractor and must be supported by time and attendance sheets.
E. Within fifteen (15) days after the date EMNRD receives written notice from Contractor that payment is requested for services or items of tangible personal property delivered on site and received, EMNRD shall issue a written certification of complete or partial acceptance or rejection of the services or items of tangible personal property. If EMNRD finds that the services or items of tangible personal property are not acceptable, it shall, within thirty (30) days after the date of receipt of written notice from Contractor that payment is requested, provide to Contractor a letter of exception explaining the defect or objection to the services or delivered tangible personal property along with details of how Contractor may proceed to provide remedial action. Upon certification by EMNRD that the services or items of tangible personal property have been received and accepted, payment shall be tendered to Contractor within thirty (30) days after the date of certification. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to Contractor at the rate of 1.5% per month.
3. Term: This Agreement may extend to (date), if written notice of extension is provided to Contractor by (date) of each year of the Agreement, or unless earlier terminated pursuant to Paragraph 4, Termination, or Paragraph 9, Appropriation.
4. Termination: Either party may terminate this Agreement upon written notice delivered to the other at least ______________ (____) days prior to the intended termination date. By such termination