bid_252_24.pdf

Bidder Initials:_______

Date:_________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR 44 HP AND 50 HP TRACTORS

252-24

DUE DATE: 5/20/2024 1:30 PM (EASTERN TIME)

Table of Contents

1. PURPOSE:

2. INSTRUCTIONS TO VENDOR:

3. BID SUBMITTAL:

4. BID INQUIRIES:

5. BID DUE DATE:

6. ADDENDA:

7. TIMELINE:

8. GOVERNING TERMS AND CONDITIONS:

9. NON-EXCLUSIVE CONTRACT:

10. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

11. VENDOR CERTIFICATIONS:

12. VENDOR RESPONSIBILITY:

13. WARRANTY REQUIREMENTS:

14. BID PRICES:

15. PAYMENT:

16. INVOICING:

17. AWARD:

18. BID RESULTS:

19. TERMINATION:

20. F.O.B.:

21. RETURNED GOODS:

22. SPECIFICATION COMPLIANCE:

23. SPECIFICATIONS FOR 44 HORSEPOWER TRACTOR WITH FINISH CUT MID-MOUNT MOWER:

24. SPECIFICATIONS FOR 50 HORSEPOWER TRACTOR WITH REAR MOUNTED ROTARY CUTTER:

25. ENVIRONMENTALLY FRIENDLY PRODUCTS:

26. OFFER:

27. DELIVERY TIME:

28. VENDOR CONTACT INFORMATION:

29. Note: To be considered, BID TRANSMITTAL LETTER shall be signed in the space provided

30. The Bid Opening is open to the public online at the following:

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

GENERAL TERMS AND CONDITIONS

CONTRACT TERMS AND CONDITIONS

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract in the form of a purchase order, for supplying the State of New

Hampshire with the items indicated in the “Offer” section of this bid invitation, in accordance with the requirements of this bid invitation and any resulting order. This shall be a one-time order with delivery required to the location indicated in the F.O.B. section of this bid invitation.

2. INSTRUCTIONS TO VENDOR:

2.1. Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (detailed information on how to fill out the pricing information can be found in the “Offer” section); complete the “Vendor Contact Information” section; and finally, fill out, and sign the transmittal letter.

3. BID SUBMITTAL:

3.1. All bids shall be submitted on this form, or an exact copy shall be typed or clearly printed in ink and shall be received on or before the date and time specified in paragraph 7 of this bid under “Bid closing”. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agent’s name.

3.2. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR

BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201.

4. BID INQUIRIES:

4.1. Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in paragraph 7. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant.

4.2. Questions shall be submitted by email to Lincoln Adams at Lincoln.J.Adams@DAS.NH.Gov

4.3. Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question.

5. BID DUE DATE:

5.1. All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as “Late” and shall not be considered in the evaluation process.

5.2. All bid submissions shall be treated as firm offers to remain valid for acceptance for a period of one hundred eighty (180) days from the bid due date. The transmittal of a vendor’s response or bid submission to any State agency or office other than the Department of Administrative Services (DAS), Bureau of Purchase and Property may be grounds for disqualification.

6. ADDENDA:

6.1. In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH

Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is https://das.nh.gov/Purchasing/vendorresources.aspx.

7. TIMELINE:

7.1. The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a “no later than” date.

Bid Solicitation distributed on or by: 5/7/2024 Last day for questions, clarifications, and/or requested changes to bid: 5/17/2024 @12:00 PM Bid Closing (Eastern Time): 5/20/2024 1:30 PM

8. GOVERNING TERMS AND CONDITIONS:

8.1. A responding bid that has been completed and signed by your representative shall constitute your company’s acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.

8.2. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB.

mailto:NH.Purchasing@DAS.NH.Gov https://das.nh.gov/Purchasing/vendorresources.aspx

8.3. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary.

8.4. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.

9. NON-EXCLUSIVE CONTRACT:

9.1. Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

10. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

10.1. Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37.

10.2. Confidential, commercial, or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner:

10.3. If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State.

10.4. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential.

10.5. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

10.6. By submitting a proposal, Bidders acknowledge and agree that:

10.6.1. The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this

RFB;

10.6.2. The State is not obligated to comply with a Bidder’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and

10.6.3. The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Bidder.

11. VENDOR CERTIFICATIONS:

11.1. All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire.

11.2. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shall have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://das.nh.gov/purchasing/vendorresources.aspx).

https://das.nh.gov/purchasing/vendorresources.aspx

12. VENDOR RESPONSIBILITY:

12.1. The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which they wish to participate. It is also the Vendor(s)’s responsibility to access our website for any posted addendum.

12.2. All State of New Hampshire bid invitations and addenda to these bid invitations are advertised on our website at:

https://das.nh.gov/purchasing/vendorresources.aspx.

12.3. The website is updated several times per day; it is the responsibility of the prospective Vendor(s) to access the website frequently to ensure no bidding opportunity or addenda is overlooked.

12.4. It is the prospective Vendor’s responsibility to forward a signed copy (if the form has a signature block) of any addenda to the Bureau of Purchase and Property with the bid response.

12.5. In preparation of your bid response, you shall:

12.5.1. Complete the pricing information in the “Offer” section; and

12.5.1.1. You may include quote separately, but the OFFER SECTION MUST be completed for compliant acceptance.

12.5.2. Complete all other required information on your offer (if applicable); and

12.5.3. Complete the “Vendor Contact Information” section; and

12.5.4. Complete the company information on the “Transmittal Letter” page, and sign under penalty of unsworn falsification in the space provided on that page.

13. WARRANTY REQUIREMENTS:

13.1. Successful Vendor shall be required to warranty all of the equipment/item awarded to Vendor for a period of not less than one (1) year or the manufacturer’s standard period of time, whichever is greater, from the date the items are received, inspected and accepted by the State of New Hampshire. The warranty shall cover 100% of all parts, shipping, labor, travel, lodging and expenses.

14. BID PRICES:

14.1. Bid prices shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges, or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid.

14.2. Per Administrative Rule 606.01(e) “if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor”.

15. PAYMENT:

15.1. Payments shall be made via ACH unless otherwise specified by the state of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm.

16. INVOICING:

16.1. Itemized invoices shall be submitted to DOT.TurnpikesAP@dot.nh.gov & dix.e.bailey@dot.nh.gov after delivery of the products and include the following at a minimum:

16.1.1. State of NH purchase order (PO) number

16.1.2. State of NH ordering agency information

16.1.2.1. Name and contact information of ordering individual

16.1.2.2. Name of ordering state agency / department

16.1.2.3. Address of ordering state agency / department

16.1.2.4. Name and contact information of ordering state agency accounts payable office

16.1.3. Date of purchase

16.1.4. Date of delivery

16.1.5. Vendor order number

16.1.6. Vendor account representative name and contact information

16.1.7. Product description, quantity ordered, quantity delivered, unit price, total price for payment

16.1.8. Items backordered and their delivery date

16.2. Contractor shall be paid within 30 days after receipt of properly documented invoice and acceptance of the work to the State’s satisfaction.

https://das.nh.gov/purchasing/vendorresources.aspx https://www.nh.gov/treasury/state-vendors/index.htm mailto:DOT.TurnpikesAP@dot.nh.gov mailto:dix.e.bailey@dot.nh.gov

17. AWARD:

17.1. The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost per line item. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract.

All award(s) shall be, in the form of a State of New Hampshire Contract in the form of a purchase order.

17.2. Successful Vendor shall not be allowed to require any other type of purchase order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel.

18. BID RESULTS:

18.1. Bid results may be viewed when available, once the award has been made, on our web site only at:

https://apps.das.nh.gov/bidscontracts/bids.aspx.

18.2. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public to the above website. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice.

19. TERMINATION:

19.1. The State of New Hampshire shall have the right to terminate the purchase contract at any time by giving the successful

Vendor a thirty (30) day written notice.

20. F.O.B.:

20.1. The F.O.B. shall be destination to the following delivery point (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this bid or subsequent purchase orders without additional charge:

NH DOT Bureau of Mechanical Services 33 Smokey Bear Blvd.

Concord NH Contact Person: Ben Gelinas

Phone: 603-271-3215 E-Mail: Benjamin.R.Gelinas@dot.nh.gov

Please contact Ben Gelinas 48 hours prior to any deliveries

Requisition No.: 238735

21. RETURNED GOODS:

21.1. The successful Vendor shall resolve all order and invoice discrepancies within five business days from notification. Products returned due to quality issues, duplicate shipments, over-shipments, etc. shall be picked up by the successful Vendor within ten business days of notification with no restocking or freight charges and shall be replaced with specified products or the agency shall be refunded/credited for the full purchase price. Unauthorized substitutions for any products are not allowed.

21.2. Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen business days of receipt. Products shall be in re-saleable condition (original container, unused) and there shall be no restocking fee charged for these products. The using agency shall be responsible for any freight charges to return these items to the successful Vendor.

22. SPECIFICATION COMPLIANCE:

22.1. Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications.

22.2. Unless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all equipment/items offered by the Vendor shall be new (and of the current model year, if applicable); shall not be used, rebuilt, refurbished;

shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes.

22.3. The manufacturer(s) and/or model(s) indicated in this bid are equivalent to the type and quality required. You may bid different make(s) and model(s); however, your offer shall match or exceed the one(s) indicated and you shall demonstrate to the satisfaction of the purchasing Agency that they meet or exceed the minimum standards. Items that do not meet the minimum standards shall not be accepted. Product literature and specifications may be enclosed.

https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:Benjamin.R.Gelinas@dot.nh.gov

23. SPECIFICATIONS FOR 44 HORSEPOWER TRACTOR WITH FINISH CUT MID-MOUNT MOWER:

23.1. GENERAL:

23.1.1. It is the intent of this specification to describe the state of New Hampshire Department of Transportation Bureau of Turnpikes requirements for a diesel engine, 4 wheel drive, 44 horsepower (minimum) tractor with a finish cut, mid-mount mower deck

23.2. WHEEL BASE:

23.2.1. 68 inches (minimum)

23.3. ENGINE:

23.3.1. Horsepower: Minimum 44 horsepower gross and 33 PTO HP at rated engine RPM

23.3.2. Emissions: Tier 4 final

23.3.3. Air Cleaner: Dual element dry type

23.3.4. Fuel Capacity: Minimum 12 gallons

23.3.5. Throttle Control: Hand and foot operable or hand throttle control and foot pedal hydro

23.3.6. Engine Stop Control: Electric and controlled by ignition key

23.3.7. Battery: Heavy duty 12 Volt battery

23.4. TRANSMISSION:

23.4.1. Hydrostatic

23.5. PTO:

23.5.1. Rear @ 540 RPM with flip up PTO safety shield

23.6. REAR AXLE:

23.6.1. Foot operated engagement on the go differential lock

23.7. BRAKES:

23.7.1. Internal wet disc brakes providing individual or simultaneous operation

23.7.2. Parking brake

23.8. STEERING:

23.8.1. Hydrostatic power steering with independent/separate pump

23.9. COUNTERWEIGHTS:

23.9.1. Maximum amount of manufacturers recommended front mounted counterweights

23.10. HYDRAULICS:

23.10.1. Open center type

23.10.2. Main pump flow 7.5 GPM (minimum)

23.10.3. Power steering pump flow 4.2 GPM (minimum)

23.10.4. Total hydraulic flow 12.5 GPM (minimum)

23.11. 3 POINT HITCH:

23.11.1. Category 1, 3-point hitch

23.11.2. Hydraulic position control

23.11.3. Telescopic link ends

23.11.4. Drop rate control

23.12. ELECTRICAL:

23.12.1. 12 Volt system with 40AMP alternator

23.12.2. Two LED headlights

23.12.3. Two taillights

23.12.4. Two front facing flashing LED safety lights

23.12.5. Two rear facing flashing LED safety lights two turn signals

23.12.6. Two rear mounted red reflectors

23.13. OPERATOR AREA:

23.13.1. Fully enclosed cab with two entry doors with locks, AC/heater, front and rear wipers with intermittent control, interior light ( s ), side mirrors, AM/FM radio with Bluetooth capability, high back cushioned and contoured suspension seat, operator presence system and seat belt.

23.13.2. Gauges/warning lights shall include tachometer, engine temperature, hour meter, fuel level indicator, engine oil pressure, battery charge, low fuel, parking brake engaged, PTO engaged, PTO speed/overall speed indicator, turn signal indicator.

23.13.3. Front bumper grill guard

23.13.4. Storage compartment/toolbox

23.14. TIRES:

23.14.1. Turf

23.15. MOWER DECK:

23.15.1. Shall be 72 inch cut (minimum), rear or side discharge (rear discharge preferred), mid mounted and driven from mid PTO, three blades (minimum), mulch attachment, gauge wheels. Cutting height to be two inch to 4 inch.

23.16. MISCELLANEOUS:

23.16.1. One operators manual parts manual and repair manual shall be included with each unit

23.16.2. manufacturers standard warranty shall apply

24. SPECIFICATIONS FOR 50 HORSEPOWER TRACTOR WITH REAR MOUNTED ROTARY CUTTER:

24.1. GENERAL:

24.1.1. It is the intent of this specification to describe the state of New Hampshire Department of Transportation Bureau of turnpikes requirements for a diesel engine, 4 wheel drive, 50 horsepower (minimum) tractor with rear mounted Rotary cutter deck

24.2. WHEELBASE:

24.2.1. 73 inches (minimum closed parenthesis

24.3. ENGINE:

24.3.1. Horsepower: (Minimum) 50 horsepower gross and 40 PTO HP at rated engine RPM

24.3.2. Emissions: Tier 4 final

24.3.3. Air cleaner: Dual element, dry type

24.3.4. Fuel capacity: Minimum 13 gallons

24.3.5. Throttle control: Hand and foot operable or hand throttle control and foot pedal hydro

24.3.6. Battery: Heavy duty 12 Volt battery

24.4. TRANSMISSION:

24.4.1. Hydrostatic

24.5. PTO:

24.5.1. Rear @ 540 RPM with flip up PTO safety shield

24.6. REAR AXLE:

24.6.1. Foot operated engagement on the go differential lock

24.7. BRAKES:

24.7.1. Internal wet disc brakes providing individual or simultaneous operation

24.7.2. Parking brake

24.8. STEERING:

24.8.1. Static power steering with independent/separate pump

24.9. COUNTERWEIGHTS:

24.9.1. maximum amount of manufacturers recommended front mounted counterweights

24.10. HYDRAULICS:

24.10.1. open center type

24.10.2. steering hydraulic pump flow 6.2 GPM (minimum)

24.10.3. implement hydraulic pump flow 11 GPM (minimum)

24.11. 3 POINT HITCH:

24.11.1. Category 1 three-point hitch

24.11.2. Hydraulic position control

24.11.3. Telescopic link ends

24.11.4. Drop rate control

24.12. ELECTRICAL:

24.12.1. 12-Volt system with 40-AMP alternator

24.12.2. Two LED headlights

24.12.3. Two LED taillights turn signals 2 front facing flashing amber LED safety lights (in addition to standard dot lighting)

24.12.4. Two rear facing flashing amber LED safety lights (in addition to standard dot lighting)

24.13. OPERATOR AREA

24.13.1. Fully enclosed cab with two entry doors with locks, AC/Heater, front and rear wipers with intermittent control, interior light(s), side mirrors, PM FM radio with Bluetooth capability, high back cushioned and contoured suspension seat, operator presence system and seat belt

24.13.2. Gauges/warning lights shall include tachometer, engine temperature, hour meter, fuel level indicator, engine oil pressure, battery charge, low fuel, parking brake engage, PTO engaged, PTO speed slash overspeed indicator, turn signal indicator.

24.13.3. Front bumper grill guard

24.13.4. Storage compartment/toolbox

24.14. TIRES:

24.14.1. R4 industrial, front tires to be foam filled

24.15. MOWER DECK:

24.15.1. Cutting width shall be 72 inches (minimum)

24.15.2. Cutting height 2 inch to 9 inch

24.15.3. Cutting capacity should be rated for three inch (minimum)

24.15.4. Rear mounted and driven from pto

24.15.5. Cat four drive line, self adjusting clutch drive line protection

24.15.6. Front and rear chain discharge shields

24.15.7. Puncture proof support tire

24.15.8. Deck thickness should be a minimum of 10 gauge

24.15.9. Side frame thickness shall be a minimum of .25 inches

24.15.10. Side frame depth shall be a minimum of 12 inches

24.15.11. Minimum of five year warranty on gearbox

24.16. MISCELLANEOUS:

24.16.1. One operators manual, parts manual and repair manual shall be included with each unit

24.16.2. Manufacturers standard warranty will apply

25. ENVIRONMENTALLY FRIENDLY PRODUCTS:

25.1. In accordance with State of New Hampshire RSA 9-C, the Bureau of Purchase and Property has an obligation to put into practice the interdependent principles of waste reduction, recycling, and recycled products purchasing. Contractors should supply environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this regulation. Environmentally preferable products and services have characteristics that include, but are not limited to, the following:

25.1.1. Energy or water efficient

25.1.2. Reusable

25.1.3. Recyclable

25.1.4. Contains postconsumer recycled materials

25.1.5. Produces fewer polluting byproducts or safety hazards during manufacture, use, or disposal

25.1.6. Certified by an independent, third-party eco-label (e.g., Green Seal, EcoLogo, etc.)

25.2. Suppliers citing environmentally preferred product claims shall follow the Federal Trade Commission’s Green Marketing Guidelines and provide proper certification or detailed information on environmental benefits, durability, and recyclable properties as an attachment with their bid submission.

25.3. Whenever possible, Contractors shall eliminate PVC or polystyrene due to environmental and human health concerns.

Contractors must notify the State if a product contains mercury and/or PFAS.

25.4. To promote fuel efficiency and reduce greenhouse gases and air pollution, Contractors are encouraged to use a SmartWay Transport/Carrier Partner for the shipment or transport of products. A list of SmartWay Transport partners can be found here: https://www.epa.gov/smartway/smartway-partner-list.

26. OFFER:

26.1. The bidder offers to sell to the state of New Hampshire the commodities or services indicated at the price or prices quoted and in compliance with the requirements and specifications of the bid. Quotes in lieu of a completed offer sheet will not be accepted.

26.2. If product(s) listed are not environmentally sustainable, the bidder shall list the closest sustainable alternative to the item(s) listed in this bid.

26.3. Bidders are to submit documentation with their bid showing that their offer meets or exceeds the specifications as written.

QTY UNIT DESCRIPTION DELIVERED

UNIT COST

1 EACH 44 HP TRACTOR WITH REAR CUTTER - PER SPECIFICATIONS $

1 EACH 50 HP TRACTOR WITH CENTER CUTTER - PER

SPECIFICATIONS $

TOTAL ORDER COST $

https://www.epa.gov/smartway/smartway-partner-list

26.4. Please include the MFG/MAKE/MODEL you are bidding below and include any other information you wish to provide.

26.5. MFG/MAKE/MODEL:

27. DELIVERY TIME:

27.1. Successful Vendor agrees to complete delivery of items within 180 days after receipt of Purchase Order or sooner to location noted on paragraph 20 FOB. Prices offered shall include all products and delivery costs.

28. VENDOR CONTACT INFORMATION:

28.1. Please provide contact information below for a person knowledgeable of and who can answer questions regarding this bid response.

Contact Person Local Telephone Number Toll Free Telephone Number

E-mail Address Company Website

Vendor Company Name Vendor Address

Vendor Number DUNS and/or SAM.GOV Number

29. NOTE: TO BE CONSIDERED, BID TRANSMITTAL LETTER SHALL BE SIGNED IN THE SPACE PROVIDED.

30. THE BID OPENING IS OPEN TO THE PUBLIC ONLINE AT THE FOLLOWING:

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STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

State of New Hampshire Date: 5/7/2024 Division of Procurement and Support Services Bid No.: 252-24 Bureau of Purchase and Property Date of Bid Closing: 5/20/2024 25 Capitol Street, Room 102, State House Annex Time of Bid Closing: 1:30 PM (ET) Concord, NH 03301-6398

PLEASE EMAIL ANY QUESTIONS REGARDING THIS BID TO LINCOLN ADAMS AT LINCOLN.J.ADAMS@DAS.NH.GOV

EMAIL YOUR BID TO: NH.PURCHASING@DAS.NH.GOV.

BID INVITATION FOR 44 HP AND 50 HP TRACTORS

[Insert name of signor] _____________________________, on behalf of ___________________________________________ [insert name of entity submitting bid (collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New Hampshire in response to BID 252-24 at the price(s) quoted herein in complete accordance with the bid.

Vendor attests to the fact that:

1. The Vendor has reviewed and agreed to be bound by the Bid.

2. The Vendor has not altered any of the language or other provisions contained in the Bid document.

3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above.

4. The prices Vendor has quoted in the Bid were established without collusion with other vendors.

5. The Vendor has read and fully understands this Bid.

6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or association):

a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;

b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;

c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation;

d. Is currently debarred from performing work on any project of the federal government or the government of any state;

e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;

f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;

g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;

h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;

i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or

j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year.

This document shall be signed by a person who is authorized to legally obligate the responding vendor. A signature on this document indicates that all State of New Hampshire terms and conditions are accepted by the responding vendor and that any and all other terms and conditions submitted by the responding vendor are null and void, even if such terms and conditions have terminology to the contrary. The responding vendor shall also be subject to State of New Hampshire terms and conditions as stated on the reverse of the purchase order.

Authorized Signor’s Signature _________________________________ Authorized Signor’s Title _____________________________________ mailto:NH.Purchasing@DAS.NH.Gov

GENERAL TERMS AND CONDITIONS

NATURE OF, AND ELIGIBILITY TO RESPOND. This bid invitation is submitted in accordance with Chapter 21-1, and rules promulgated thereunder, and constitutes a firm and binding offer. A bid may not be withdrawn unless permission is obtained from the Bureau of Purchase and Property.

Bids may be issued only by the Bureau of Purchase and Property and are not transferable.

SAMPLES AND DEMONSTRATIONS. When samples are required they must be submitted free of costs and will not be returned. Items left for demonstration or evaluation purposes shall be delivered and installed free of charge and shall be removed at no cost to the State. Demonstration units shall not be offered to the State as new equipment.

BIDS. Bids must be received at the Bureau of Purchase and Property before the date and time specified for the closing. Bids must be submitted on this bid form or exact copies and must be typed or clearly printed in ink. Corrections must be initialed. Bids are to be made less Federal Excise Tax and no charge for handling unless required by law.

SPECIFICATIONS. Vendors must submit on items as specified. Proposed changes must be submitted in writing and received at the Bureau of Purchase and Property at least five (5) business days prior to the bid closing. Vendors shall be notified in writing if any changes to the specifications are made.

AWARD. The award will be made to the responsible Vendor submitting a conforming bid meeting specifications at the lowest cost unless other criteria are noted in the bid. Unless otherwise noted, the award may be made by individual items.

If there is a discrepancy between the unit price and the extension, the unit price will prevail.

When identical low bids are received the award will be made in accordance with the Administrative Rules.

Discounts will not be considered in making award but may be offered on the Invoice for earlier payment and will be applicable on the date of completion of delivery or receipt of Invoice, whichever is later. On orders specifying split deliveries, discounts will apply on the basis of each delivery or receipt of Invoice, whichever is later.

PATENT INFRINGEMENT. Any responding vendor who has reason to believe that any other responding vendor will violate a patent should such responding vendor be awarded the contract shall set forth in writing, prior to the date and time of closing, the grounds for his belief and a detailed description of the patent.

ASSIGNMENT PROVISION. The responding vendor hereby agrees to assign all causes of action that it may acquire under the antitrust laws of New Hampshire and the United States as the result of conspiracies, combinations, or contracts in restraint of trade which materially affect the price of goods or services obtained by the state under this contract if so requested by the State of New Hampshire.

FEDERAL FUNDS. This Division of Plant and Property Management, under RSA 21- I:14, VIII shall assure the continuation or granting of federal funds or other assistance not otherwise provided for by law by following the Federal Procurement Standards.

STATE’S OPTIONS: The Bureau of Purchase and Property reserves the right to reject or accept all or any part of any bid, to determine what constitutes a conforming bid, to award the bid solely as it deems to be in the best interest of the State, and to waive irregularities that it considers not material to the bid.

PUBLIC INFORMATION: The responding vendor hereby acknowledges that all information relating to this bid and any resulting order (Including but not limited to fees, contracts, agreements and prices) are subject to these laws of the State of New Hampshire regarding public information.

PERSONAL LIABILITY: The responding vendor agrees that in the preparation of this bid or the execution of any resulting contract or order, representatives of the State of New Hampshire shall incur no liability of any kind.

PROOF OF COMPLIANCE. The responding vendor may be required to supply proof of compliance with proposal specifications. When requested, the responding vendor must immediately supply the Bureau of Purchase and Property with certified test results or certificates of compliance. Where none are available, the State may require independent laboratory testing. All costs for such testing certified test results or certificate of compliance shall be the responsibility of the responding vendor.

FORM OF CONTRACT. The terms and conditions set forth in any additional Terms and Conditions by the Bureau of Purchase and Property are part of the bid and will apply to any contract awarded the responding vendor unless specific exceptions are taken and accepted and will prevail over any contrary provisions in Terms and Conditions submitted by the responding vendor.

CONTRACT TERMS AND CONDITIONS

1. The State of New Hampshire, acting through the Division of Procurement and Support Services, engages the firm or individual ("the Vendor") to perform the services and/or sale of goods, described in the attached State documents, if any, and the Vendor’s bid or quotation, both of which are incorporated herein by reference.

2. COMPLIANCE BY VENDOR WITH LAWS AND REGULATIONS. In connection with the performance of this agreement, the Vendor shall comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which shall impose any obligation or duty upon the Vendor, including, but not limited to civil rights and equal opportunity laws.

3. TERM. The contract, and all obligations of the parties thereunder, shall become effective on a specified date and shall be completed in their entirety prior to a specified date. Any work undertaken by the Vendor prior to the effective date shall be at his sole risk and, in the event that the contract shall not become effective, the State shall be under no obligation to reimburse the Vendor for any such work.

4. CONTRACT PRICE. The contract price, a payment schedule and a maximum limitation of price shall be as specified by the bid invitation and the Vendor’s bid. All payments shall be conditioned upon receipt, and approval by the State, of appropriate vouchers and upon satisfactory performance by the Vendor, as determined by the State. The payment by the State of the Contract Price shall constitute complete reimbursement to the Vendor for all expenses of any nature incurred by the Vendor in the performance by the Vendor and complete payment for the Services. The State shall have no other liability to the Vendor.

5. DELIVERY. If the vendor fails to furnish items and/or services in accordance with all requirements, including delivery, the state may re-purchase similar items from any other source without competitive bidding, and the original vendor may be liable to the state for any excess costs. If a vendor is unable to complete delivery by the date specified, he must contact the using agency. However, the agency is not required to accept a delay to the original delivery date. All deliveries are subject to inspection and receiving procedure rules as established by the State of New Hampshire. Deliveries are not considered accepted until compliance with these rules has been established. State personnel signatures on shipping documents shall signify only the receipt of shipments. All deliveries shall be FOB Destination.

6. INVOICING. All invoices must list Order Number, Unit and Extension Prices and discounts allowed. A separate invoice shall be submitted for each order. Unless otherwise noted on the invitation to bid or purchase order, payment will not be due until thirty (30) days after all services have been completed, or all items have been delivered, inspected and accepted or the invoice has been received at the agency business office, whichever is later.

7. PERSONNEL.

7.1. The Vendor shall disclose in writing the names of all owners (5% or more), directors, officers, employees, agents or subcontractors who are also officials or employees of the State of New Hampshire. Any change in this information shall be reported in writing within fifteen (15) days of their occurrence.

7.2. The person signing this agreement on behalf of the State, or his or her delegee ("Contracting Officer") shall be the State’s representative for purposes of this agreement. In the event of any dispute concerning the interpretation of this agreement, the Contracting Officer’s decision shall be final.

8. EVENT OF DEFAULT; REMEDIES.

8.1. Any one or more of the following acts or omissions of the Vendor shall constitute an event of default hereunder ("Events of Default"):

8.1.1. failure to deliver the goods or services satisfactorily or on schedule; or

8.1.2. failure to submit any report required hereunder; or

8.1.3. failure to perform any of the other covenants and conditions of this agreement.

8.2. Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:

8.2.1. give the Vendor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this agreement, effective two (2) days after giving the Vendor notice of termination; and

8.2.2. give the Vendor a written notice specifying the Event of Default and suspending all payments to be made under this agreement and ordering that the portion of the Contract Price, which would otherwise accrue to the Vendor during the period from the date of such notice until such time as the State determines that the Vendor has cured the Event of Default, shall never be paid to the Vendor; and

8.2.3. set off against any other obligation the State may owe to the Vendor any damages the State suffers by reason of any Event of Default; and

8.2.4. treat the agreement as breached and pursue any of its remedies at law or in equity, or both.

9. WAIVER OF BREACH. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event, or any subsequent Event. No express failure of any Event of Default shall be deemed a waiver of any provision hereof. No such failure or waiver shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other default on the part of the Vendor.

10. VENDOR’S RELATION TO THE STATE. In the performance of this agreement the Vendor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Vendor nor any of its officers, employees, agents or members shall have authority to bind the State nor are they entitled to any of the benefits, workmen’s compensation or emoluments provided by the State to its employees.

11. ASSIGNMENT AND SUBCONTRACTS. The Vendor shall not assign, or otherwise transfer any interest in this agreement without the prior written consent of the State. No work required by this contract shall be subcontracted without the prior written consent of the State.

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.

12.1 PATENT PROTECTION. The seller agrees to indemnify and defend the State of New Hampshire from all claims and losses resulting from alleged and actual patent infringements and further agrees to hold the State of New Hampshire harmless from any liability arising under RSA 382- A:2-312(3). (Uniform Commercial Code).

13. TOXIC SUBSTANCES. In compliance with RSA 277-A Toxic Substances in the Workplace known as the Workers Right to Know Act, the vendor shall provide Safety Data Sheets (277-A:4 Safety Data Sheets) for all products covered by said law.

14. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given below.

15. AMENDMENT. This agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto.

16. CONSTRUCTION OF AGREEMENT AND TERMS. This agreement shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns.

17. ADDITIONAL PROVISIONS. The additional provisions (if any) have been set forth as Exhibit "A" hereto.

18. ENTIRE AGREEMENT. This agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings relating hereto.