addendum-1-bid-26-26.pdf
PDF 166 KB Posted
- Attached to
- Truck Components State and local contract opportunity
- Solicitation number
- Bid 26-26
- Issued by
- Merrimack County, New Hampshire
About this file
This Addendum No. 1 to Bid Invitation 26-26, issued by the New Hampshire Department of Administrative Services, Division of Procurement and Support Services, clarifies key contract terms for the procurement of truck components for the Department of Transportation's Mechanical Services in Concord. The bid solicitation, distributed on August 26, 2025, seeks four distinct component types: 9 PH760 Pintle Hooks, 124 MON05051418 Pipe Balls, 31 PH30RP51 Pintle Hooks, and 270 C314MTG1/259 Push Pull Cables. The bid closing is scheduled for September 5, 2025, at 11:00 AM Eastern Time, with the last day for vendor questions having passed on September 1, 2025. This addendum addresses three vendor inquiries regarding delivery timelines, warranty requirements, and indemnification clause scope, with state responses provided on September 3, 2025.
The addendum clarifies that vendors must maintain the original 30-day delivery requirement from receipt of purchase order, making standard lead times of 10-12 weeks potentially non-compliant unless expedited delivery is possible. Regarding warranty coverage, the state rejected a vendor's alternative warranty language and requires adherence to the original bid specification covering 100% of parts, shipping, labor, travel, lodging, and associated expenses for one year. The indemnification clause in Section 12 of the contract terms has been modified to limit the contractor's obligation to defend and indemnify the state specifically to product deficiencies and patent infringement, rather than all acts or omissions. Vendors must be registered to do business in New Hampshire and complete a Vendor Application Package prior to award. All changes noted in this addendum supersede previously submitted documents and must be submitted with the bid.
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Other files for this state and local contract opportunity
| File | Type | Posted |
|---|---|---|
| bid_26_26.pdf | ||
| bid-26-26-award.pdf | ||
| bid-26-26.pdf |
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Text version
STATE OF NEW HAMPSHIRE
DIVISION OF PROCUREMENT AND SUPPORT SERVICES
BUREAU OF PURCHASE AND PROPERTY
STATE HOUSE ANNEX
25 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6398
Date of Change: September 2, 2025
ADDENDUM # 01 TO BID INVITATION 26-26
DATE AND TIME OF BID CLOSING: 9/5/2025 11:00 AM
FOR: Truck Components
Question 1:
Delivery Time – The bid requires delivery within 30 days of receipt of purchase order. Our standard lead time for this item is 10–12 weeks, though on occasion we may be able to deliver sooner. Would this lead time make our bid non-compliant?
Bid Currently Reads:
Changed Bid to Read:
Question 2:
Warranty Requirements – The bid specifies a one-year warranty covering 100% of parts, shipping, labor, travel, lodging, and expenses. Our standard warranty is as follows:
“Seller warrants all Products sold hereunder against failure to meet manufacturer’s specifications for a period of one (1) year from the date of shipment. Such warranty is exclusive and in lieu of, and Buyer hereby waives, all other conditions and warranties applicable to the Product, whether statutory or implied, including without limitation, any implied warranties of merchantability, or fitness in the Buyer’s application, and all other obligations and liabilities, whatsoever, of Seller to Buyer. Seller’s obligation in respect to the products shall be limited to the Seller’s option to either replacing any defective products, or issuing credit, provided such defect occurs within the one-year warranty period. In no event shall Seller be liable for loss of use or any other damages. Further, Seller shall not be liable in any manner whatsoever for any damages suffered by Buyer which may in any degree be attributable to the application and/or adoption either by Buyer or any third party of technical information, data or advice given by or on behalf of Seller in relation to use of the Product.”
Would this warranty be acceptable in place of the warranty language included in the bid?
State Response:
No the suggested warranty language will not be acceptable.
Question 3:
Indemnification Clause – Section 12 of the Contract Terms requires the contractor to “defend, indemnify and hold harmless” the State against any and all claims, including patent issues. This clause is very broad and creates significant liability. Would the State consider removing this clause entirely, or, if not, limiting it to product-related defects or otherwise revising it?
State Response:
The State can add a limitation that it is limited to product deficiencies AND patent infringement.
Bid Currently Reads:
12. INDEMNIFICATION. The contractor shall defend, indemnify and hold harmless the State, its officers and employees, from and against any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the State, its officers and employees, by or on behalf of any person, on account of, based on, resulting from, arising out of (or which may be claimed to arise out of) the acts or omissions of the Vendor. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant shall survive the termination of this agreement.
Changed Bid to Read:
12. INDEMNIFICATION. The contractor shall defend, indemnify and hold harmless the State, its officers and employees, from and against any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the State, its officers and employees, by or on behalf of any person, on account of, based on, resulting from, arising out of (or which may be claimed to arise out of) the acts or omissions of the Vendor. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant shall survive the termination of this agreement. This is limited to product deficiencies AND patent infringement.
PURCHASING AGENT: Lincoln Adams Email: NH.Purchasing@das.nh.gov
NOTE: ALL CHANGES TO BID SOLICITATION NOTED IN ADDENDUMS WILL SUPERSEDE
PREVIOUSLY SUBMITTED DOCUMENTS AND MUST BE SUBMITTED WITH THE BID. ALL OTHER
SPECIFICATIONS REMAIN UNCHANGED AND VALID.
RESPONDENT BUSINESS NAME: ______________________________________________________________
ADDRESS: __________________________________________________________________________________
PRINT NAME: __________________________________SIGNATURE: ________________________________
TEL. NO.____________________________ EMAIL ADDRESS: _______________________________________
Please visit: https://das.nh.gov/purchasing/vendorresources.aspx (click on “Bid and Proposals”) for complete bid and addendums.
mailto:NH.Purchasing@das.nh.gov https://das.nh.gov/purchasing/vendorresources.aspx
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