6.43.2.11

PROCEDURES FOR AWARDING NEW CONTRACTS

1. A. A new contract shall be awarded because of:

   (1) the retirement, resignation, or death of a current contractor;

   (2) the determination by the local board to change from a school owned operation to a contract operation;

   (3) the addition of a bus or buses to provide transportation services; unless, the local board elects to amend an existing contract in accordance with the provision of Section 22-16-3, NMSA, 1978;

   (4) unsatisfactory services by the contractor;

   (5) termination of an existing contract.

2. B. The local board shall publish notice of a request for proposal (RFP) for procurement of transportation services not less than ten calendar days prior to the date set for the receipt of the proposals. The RFP shall be published at least once in a newspaper of general circulation in the area in which the local board is located. If there is no newspaper of general circulation in the area, such other notice may be given as is reasonable.
3. C. A copy of the RFP and notice shall be available for public inspection at the district administration office.

4. D. The local board shall develop proposal criteria by which all offers shall be evaluated. The proposal criteria shall include:

   (1) a current financial statement;

   (2) if a corporation, the names, addresses, dates of birth, and social security numbers of all stockholders and officers;

   (3) a minimum of three business or professional references;

   (4) a proposal for the acquisition of buses and other equipment; the proposal shall indicate the year of manufacture and size of buses to serve each route and necessary spare equipment to provide uninterrupted service;

   (5) a description of the proposed fleet maintenance program, garage or maintenance facilities, bus parking, mechanics, parts, and supplies; in the case of a one bus or small fleet operation, a description shall be submitted relative to garage services planned by the owner with an established automotive repair facility;

   (6) the proposal shall indicate the method, in conformance with state and federal laws and regulations, by which drivers will be selected, trained and supervised;

   (7) an amount for which the services will be rendered based on the length of the route(s), road conditions, number of buses and drivers, fuel, operation and maintenance requirements, and, for fleet contractor salaries and benefits;

   (8) any other information that the local board may require.

5. E. The local board shall provide each proposed offerer with the following information:

   (1) the proposal criteria;

   (2) route information which includes the approximate distance, types of roadways, number of students to be transported, and the size of the buses required;

   (3) a copy of the contract form approved by the public education department;

   (4) a copy of, or access to, all public education department rules, and local board compliance manuals and policies, which govern the operation of school transportation services;

   (5) a description of the insurance coverage that will be provided by the local board for buses to be operated under contract.

6. F. The local board shall consider all proposals submitted by the deadline recorded in the notice. The local board shall award the contract to the offerer whose proposal provides the most efficient, economical, and safe transportation services to meet the needs of the district. The negotiated amount shall not exceed available resources.
7. G. The local board may reserve the right to reject all proposals.
8. H. The local board shall provide notice of the award to the state transportation director on forms provided by the public education department. All proposals, including the established criteria for awarding the contract, copies of advertisements, copies of all proposals and the proposal evaluations shall be subject to audit by the public education department, the state auditor, or an independent auditor. Records shall be retained for a minimum of five years.

9. I. The local board shall conduct a background check on proposed contractors prior to approval of the contract.

   [12-31-98; 6.43.2.11 NMAC - Rn, 6 NMAC 9.4.1.11, 10-15-01; A, 11-13-09]