STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER

Date: ___________________ Company Name: ________________________________________ Address:

To: Point of Contact: Wayne Goulet Telephone: (603)-271-2009 Email: NH.Purchasing@das.nh.gov

RE: Bid Invitation Name: Internet Service Provider Bid Number: 2600-22 Bid Posted Date (on or by): 05/19/2022 Bid Closing Date and Time: 06/01/2022 @ 11:00 AM (EST) Dear Mr. Goulet:

[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 #2600-22 for Internet Service Provider 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.

Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________

NOTARY PUBLIC/JUSTICE OF THE PEACE

COUNTY: ___________________________ STATE: ______________ ZIP: _________________

On the _____ day of _______________, 2022, personally appeared before me, the above named ________________________, in his/her capacity as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to the best of his/her knowledge and belief.

In witness thereof, I hereunto set my hand and official seal.

(Notary Public/Justice of the Peace)

My commission expires: _________________________________________________________ (Date)

Form P37-A mailto:NH.Purchasing@das.nh.gov

REQUEST FOR BID FOR INTERNET SERVICE PROVIDER FOR

THE STATE OF NEW HAMPSHIRE

PURPOSE:

The purpose of this bid invitation is to establish a contract for Internet Service Provider to the State of New Hampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract.

INSTRUCTIONS TO VENDOR:

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, sign, and notarize page one of the bid invitation.

BID SUBMITTAL:

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 on page 1 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.

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.

BID INQUIRIES:

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 the timeline below. 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.

Questions shall be submitted by E-mail to Wayne Goulet at the following address:

Wayne.V.Goulet@DAS.NH.Gov

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

BID DUE DATE:

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.

All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification.

ADDENDA:

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, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is:

https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:NH.Purchasing@DAS.NH.Gov mailto:Wayne.V.Goulet@DAS.NH.Gov

TIMELINE:

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.

05/19/2022 Bid Solicitation distributed on or by 05/26/2022 Last day for questions, clarifications, and/or requested changes to bid 06/01/2022 11:00 AM (EST) Bid Closing 09/01/2022 Implementation of Contract

TERMS OF SUBMISSION:

All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded.

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.

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.

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.

The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer.

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

Complete bids shall be filled out on the original documents and format that are a part of this bid invitation.

Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State’s format.

CONTRACT TERM:

The term of the contract shall commence on September 1, 2022 or upon approval of the Governor and Executive Council, whichever is later, through August 31, 2027, a period of approximately five (5) years.

On July 1, 2022, fully operable services must be made available to the State for testing. Monthly invoices shall be forwarded to the State starting August 1, 2022 for billing a period of 55 months thereafter. No payments shall be made to the Vendor prior to the stated invoice dates.

The contract may be extended for an additional two (2) one-year extensions thereafter under the same terms, conditions and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services. The maximum term of the contract (including extensions) shall not exceed seven (7) years.

CONTRACT AWARD:

The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total of Table 1. Table 2 and 3 are not evaluated as part of award, but may become part of any awarded contract. 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(s).

Successful Vendor shall not be allowed to require any other type of 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.

NOTIFICATION AND AWARD OF CONTRACT(S):

Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out.

Bid results shall be made public after final approval of the contract(s).

Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.

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

LIABILITY:

The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance.

PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

Generally, the full contents of any bid or 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 bids or proposals, including but not limited to pricing or scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G: 37.

To the extent consistent with applicable state and federal laws and regulations, as determined by the State, including, but not limited to, NH RSA Chapter 91-A (the “Right-to-Know” Law), the State shall, after final negotiations with the selected vendor are complete, attempt to maintain the confidentiality of portions of a bid or proposal that are clearly and properly marked by a bidder as confidential. 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:

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. The State will generally assume that a bid or proposal submitted without an additional redacted copy contains no information which the bidder deems confidential. Bids and proposals which contain no redactions, as well as redacted versions of submissions that have been accepted by the State, may be released to the public, including by means of posting on State web sites.

The State shall have no obligation to maintain the confidentiality of any portion of a bid, proposal or related material, which is not marked in accordance with the foregoing provisions. It is specifically understood and agreed that the bidder waives any claim of confidentiality as to any portion of a response to this RFB or RFP that is not marked as indicated above, and that unmarked (or improperly marked) submissions may be disseminated to any person, without limitation. 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.

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.

If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal and if disclosure is not prohibited under NH RSA 21-G:37 or any other applicable law or regulation, bidders acknowledge and agree that the State may disclose any and all portions of the proposal or related materials which is not marked as confidential. In the case of bids, proposals or related materials that contain portions marked confidential, the State shall 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 not be released; and notify the bidder of the date it plans to release the materials. The State is not obligated to comply with a bidder’s designation regarding confidentiality. The State shall have no obligation to advise a bidder that an individual or entity is attempting to electronically access, or has been referred to, materials which have been made publicly available on the State’s web sites.

By submitting a bid or proposal, the bidder agrees that unless it obtains and provides to the State, prior to the date specified in the notice described in the paragraph above, a court order valid and enforceable in the State of New Hampshire, at its sole expense, enjoining the release of the requested information, the State may release the information on the date specified in the notice without any liability to the bidder.

Notwithstanding NH RSA 91-A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to this bid invitation from the time this bid is published until the closing date for responses.

TERMINATION:

The State of New Hampshire shall have the right to terminate the contract at any time with written notice to the successful Vendor a thirty (30) day written notice.

VENDOR CERTIFICATIONS:

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

STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shall have a completed

VENDOR CERTIFICATIONS:

All Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New Hampshire vendors. All Vendors that are corporations, limited liability companies, or other limited liability business entities (this excludes sole proprietors and general partnerships) shall be duly registered with the New Hampshire Secretary of State to conduct business in the State of New Hampshire.

• STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must 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

• NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State:

https://sos.nh.gov/corporation-division/

• CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work.

https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/

• CERTIFICATE OF INSURANCE:

Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers’ compensation insurance to the extent required by RSA Chapter 281-A.

BID PRICES:

Bid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees), 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. Unless otherwise specified, prices shall be F.O.B.

DESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge.

Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours.

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”.

Price decreases shall become effective immediately as they become effective to the general trade or the Vendor’s best/preferred customer

AUDITS AND ACCOUNTING:

The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract.

At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations.

USAGE REPORTING:

The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency. Reports are due no later than 30 days after each end of each calendar quarter Bureau of Procurement Services, Wayne Goulet and sent electronic to Wayne.V.Goulet@DAS.NH.Gov. At a minimum, the Report shall include:

• Contract Number

• Utilizing Agency

• Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.)

• Agency usage shall be separated by the respective bandwidth showing contracted pricing

• Any increased in speed/bandwidth and the implementation date

• Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to:

o Percentage of recycled materials contained within finished products o Percentage of waste recycled throughout the manufacturing process o Types and volume of packaging used for transport o Any associated material avoided and/or recycled as applicable under contract o A standardized reporting form will be provided after contract award

• Total Cost of all Services/Products Purchased. Ability to sort by agency.

• Preferred in Excel format mailto:Wayne.V.Goulet@DAS.NH.Gov

ESTABLISHMENT OF ACCOUNTS:

Should The Department of Information Technology – Statewide Telecommunications place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency.

PAYMENT:

Payment method (P-Card or ACH). Payments shall be made via ACH or Procurement Card (P-card = Credit Card) 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 Eligible participants shall negotiate their own payment methods with the successful Vendor.

INVOICING:

All vendor invoices must be itemized. Paper invoices shall be submitted to:

Department of Information Technology, Operations Statewide Telecommunications Office, Rm. 300C, 27 Hazen Drive Concord, NH 0330.

The State preference is that invoicing is transmitted electronically – the State will identify procedures for transmitting electronic invoices upon award.

INVOICE DELIVERY TIMEFRAME:

Invoices shall be forwarded to the State within 20 days of receipt of services.

CONTRACTOR INCURRED CHARGES:

The Contractor is not authorized to incur any third party charges for which the State shall be responsible. Only Contractor- invoiced charges shall be paid by the State.

FIXED CHARGES:

The Contractor shall not invoice the State for any new or additional charges (recurring or nonrecurring) other than those costs listed in the Offer Section. The State shall not be assessed taxes, additional monthly fees or late payment fees. All taxes, fees and other charges mandated by government regulatory agencies must be inclusive of contracted charges.

BILLING OF PAST CHARGES

Contractors shall not hold the State liable for charges beyond 90 days from date of service if service invoices and/or related reports are not delivered in a manner and timeframe defined within this RFB.

The State shall not be held liable for past due charges, and the Contractor shall not assess additional charges for bills past due. Billing shall not be considered complete until all reports and invoices as within are provided for the respective billing month. All payments for the associated service shall be held until these requirements are met.

TERMS OF PAYMENT:

Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the State’s satisfaction.

VENDOR RESPONSIBILITY:

The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract.

All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx

It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s responsibility to access our website for any posted addenda.

https://www.nh.gov/treasury/state-vendors/index.htm

The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked.

It is the prospective Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response.

In preparation of a bid response, the prospective Vendor shall:

• Provide pricing information as indicated in the “Offer” section; and

• Provide all other information required for the bid response (if applicable); and

• Complete the “Vendor Contact Information” section; and

• Add applicable prospective Vendor information to the “Transmittal Letter” form, and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered.

It is the responsibility of the Vendor to maintain any awarded contract and New Hampshire Vendor Registration with up to date contact information.

Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the State’s Contracting Office listed in Box 1.9 of Form P-37.

Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at:

https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx

IF AWARDED A CONTRACT:

The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-37:

Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor)

• Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form

Number P-37.

• Provide proof of sufficient workers’ compensation insurance coverage or evidence of exemption from

RSA Chapter 81-A.

• If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State.

SPECIFICATIONS:

Complete specifications required are detailed in the SCOPE OF SERVICES section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein.

SCOPE OF SERVICES:

The vendor shall be responsible for all services, network configuration, development and proof of concept associated with a resulting contract. The vendor shall be responsible for overall support and coordination, migrating from pre-existing vendor services, interfacing/integrating with agency systems, testing, and support services.

All services performed under this Contract(s) shall be performed between the hours of 7:30 A.M. and 4:00 P.M unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges will be paid for any off-hour work.

https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx

The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference will be arranged by the requesting agency (State).

The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendor’s employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor.

The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State.

The Vendor or their personnel shall not represent themselves as employees or agents of the State.

While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State.

All personnel shall observe all regulations or special restrictions in effect at the State Agency.

The Vendor’s personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited.

If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing.

VENDOR STAFF

The Vendor shall provide a contract manager and key Vendor Staff for the administration of any resulting contract as noted below.

Security Review: Prior to providing service to the State and entering any State facility, each Vendor and/or subcontractor employee must obtain a criminal history record review from the Department of Safety, Division of State Police, and Criminal Records Unit.

(See https://www.nh.gov/safety/divisions/nhsp/ssb/crimrecords/index.html for details.) The State reserves the right to deny any Vendor employee with a criminal history to be allowed on a job site. These terms are inclusive of any subcontractor or other personnel providing services at State facilities. Employee agreements allowing background checks and any associated costs to obtain the review will be exclusively the responsibility of the Vendor. The Vendor must provide proof of no records found to the Department of Information Technology, Office of Statewide Telecommunications 5 days prior to the employee arrival at any worksite.

• The State may require that a Vendor employee be precluded from entry into any facility. The Vendor shall replace any employee working at such locations when directed by the State.

• The Vendor shall provide written notice to the Telecommunications Section of any changes of Vendor employee criminal record status.

• All Vendor personnel must comply with the individual State facility security requirements in which they are performing services under this contract including signing required log in/out forms.

• Should installation personnel be rejected by the State, the Vendor must provide replacement personnel immediately in order to meet assigned installation dates.

https://www.nh.gov/safety/divisions/nhsp/ssb/crimrecords/index.html

Project Manager: The Vendor shall assign and identify a Project Manager who shall have full authority to make binding decisions under the Contract, and shall function as the Vendor’s representative for all administrative and management matters. The Vendor shall identify the Project Manager within the bid response. The Project Manager must be available from 8:00 A.M. to 4:30 P.M. Eastern Standard Time of each State business day to promptly respond questions and address service issues. The Project Manager or alternate shall respond to any calls within two (2) hours of inquiries from the State, and be at the State site as needed. The Project Manager must be qualified to perform the obligations required of the position under the Contract. The Vendor’s selection of a Project Manager will be subject to the prior written approval of the State. The State reserves the right to require removal or reassignment of the Vendor’s Project Staff found unacceptable to the State.

Contracting Officer: Vendor must provide a primary contracting officer for all services provided to the State.

In addition, a single Vendor Project Manager shall be provided, who is responsible to ensure the installation and continued operation of all Vendor services in conjunction with key Vendor-proposed staff.

Account Management: Order provisioning personnel for the acceptance of State service and repair requests.

Personnel must be completely aware of Vendor services, and fully capable of relating such services to State needs. The Vendor must interpret State Telecommunications Service Request (TSRs) or repairs, speak with State contacts to define service needs and complete any documentation necessary for the Vendor in order to complete service implementation. All requested circuits shall be installed within 30 days of individual circuit request.

Financial Representatives: The Vendor shall provide dedicated financial representatives knowledgeable in the Vendor invoicing systems, associated input, and corrective activities to resolve billing, call detail, equipment programming, and data discrepancies. The Financial Representative will cooperate with the State to resolve billing, payment or report and invoice accuracy problems that may occur during the course of the contract.

The Vendor shall provide within five (5) working days, any corrective data requested by the State. This is inclusive of itemized balances and credits owed the State. The Vendor shall provide daily reports indicating the completion or continuation of any service requested by the State.

Engineering Support: Vendor must provide configuration technical support to the State for circuit implementation, circuit service changes, upgrades and future changes/reconfiguration and best practice development and deployment.

Field Installation Staff: Vendor shall provide staff to assist in the transition of network circuits from the current contractor to new contractor services. Staff duties shall include verification of circuit connectivity and performance in association with State DoIT engineers.

Single Point of Contact: The Vendor must serve as the Single Point of Contact for the State for all maintenance issues regarding Vendor services. This shall be inclusive of any and all additional TSR releases, repair releases and reports releases. The State shall not be responsible to directly contract third party contractors or Vendor partners. Vendor must provide telephone, facsimile, and Internet e-mail access to each individual on the Vendor account team. General toll free numbers must be provided for telephone and facsimile services on a statewide basis.

Replacement of Personnel: Vendor must agree to provide an “equal or better” replacement for any personnel who leave employment of the Vendor during the course of the Contract. Vendor must make the individuals available to be interviewed by the State prior to the Project assignment. Assignment must be at the approval of the State.

Personnel Access through E-mail: The Vendor shall maintain E-mail availability throughout the term of the contract, with mail being verified and emptied every hour of operation. The State may communicate with the Vendor in all respects through E-mail as desired by the State. Vendor systems must be capable of receiving and interpreting Adobe, MS Office Professional and Visio files.

Computer Access and Use Agreement: Vendor and its employees assigned to this Project must sign a “Computer Access and Use Agreement.” The State may require a detailed background check on any individual assigned to the Project, as this Project may involve confidential or sensitive information. Personnel assigned to the State must be available to work immediately upon contract commencement.

Status of Vendor Employees and Subcontractors: Vendor employees and subcontractors shall in all respects be independent of the State and in no way considered employees of the State.

Vendor Employee Reassignment: The State reserves the right to require the Vendor to train, counsel or reassign any personnel (including subcontractors) whose actions or appearance are not consistent with the standards of the State and in the best interest of the customers utilizing the Vendor services.

Picture ID: Vendor shall provide employee picture ID badges including the company name and company contact telephone number for each employee servicing the State account. The ID shall be worn by all Vendor employees while servicing the State. The State shall retain the right to disallow service and site access to any employee not displaying an ID badge. All costs or acquiring badges shall be solely borne by the Vendor.

Network Operations and Customer Service Centers: Vendor shall support all services through a Network Operations Center (NOC) and Customer Service Center (CSC). Centers shall be available to the State 24 hours per day, 7 days a week via a toll free number and e-mail. NOC and CSC must utilize trouble and order tracking systems, reportable to the State, and support all activities as noted below. Issue numbers shall be originated by the Vendor, and e-mailed to the State within 15 minutes of issue of service work being released to the Vendor.

Vendor Employees: The Vendor or their personnel shall not represent themselves as employees or agents of the State. While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State. All personnel shall observe all regulations or special restrictions in effect at the State Agency.

The Vendor’s personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited unless approved by the State.

State Agency Project/Status Meetings: The Vendor must participate in project and/or status meetings with State employees (or designees) during the term of any resulting contract, as required by the State. It is anticipated that the beginning of the project will require, at a minimum, weekly project/status meetings.

Meetings shall include the State Project Manager (or designee) and the Vendor Project Manager. Other State staff or project members will attend as mutually agreed upon by the State and Vendor Project Managers. State Senior Management will be kept informed on the project status via attending the meetings or, in the event of a major decision, by scheduling a Senior Management meeting. Meetings will cover the technical, schedule, and resource aspects of the project. Emphasis should be placed on the accomplishments for the concluded reporting period, the planned activity for the future reporting period, and identification and resolution of all issues and problems. The review shall be conducted at a time and location to be determined jointly by the State and Vendor Project Managers. The agenda and minutes of each meeting shall be produced and distributed as mutually agreed by the State and Vendor Project Managers.

SERVICE REQUIREMENTS

Contractor shall deliver transient Internet Services that include the capability to advertise one or more “Autonomous System Numbers”, advertise Internet Routable IP Space assigned to the State of New Hampshire using the eBGP Routing Protocol. These services must be initially delivered in the State of New Hampshire at 27 Hazen Drive. Sites for additional future installation consideration are 110 Smokey Bear Blvd., 45 South Fruit Street, and 33 Hazen Drive. Locations may be added at any time.

All Circuits shall actively pass traffic as configured by the State ISP Routers using eBGP routing. The ISP must advertise the State of New Hampshire’s Autonomous System Number from both ISP connections and advertise the Internet Routes that we designate for each connection. The Vendor must work with the State Networking staff to use eBGP routing attributes that influence routing paths as set forth by the State. The State may at any time issue a disconnect notice for any or all circuits. The State may at any time seek similar Transient Internet Services from other Vendors to ensure diverse AS-Pathing from the Internet Backbone. 33 Hazen Drive and 27 Hazen Drive circuits shall be provided via alternate facilities, utilizing unique cable pathways, fiber facilities, gateways and switching centers. Vendor shall define the pathways and equipment for each circuit prior to installation.

Service Quantity: The State shall determine the quantity required of any service offered by the Vendor.

Cooperation with Incumbent: The Vendor must fully cooperate with incumbent and future Vendors for the replacement of services at the initiation and termination of contract to ensure service transfer with a minimum interruption of service.

Interfacing with Other Vendors: During and after installation, Vendors must contact alternate State vendors to resolve problems if they occur. The State will mediate in the event of unresolved conflicts. Vendors must attend any meetings called by the State to resolve such conflicts without additional charges being imposed on the State.

Contractor Service Review The Contractor shall review each type circuit to determine the exact requirements based upon the current Contractor definition. Incumbent Contractor if awarded a replacement contract shall review each site and verify circuit types, circuit number identifications and make recommendations for service updates. Each existing service must be replicated, with the awarded Contractor performing site audits to ensure replacement service operation without the installation of additional State owned Customer Premises Equipment (CPE). If such is required, the Contractor shall supply such equipment without additional charge to the State. In all cases, the Contractor shall be responsible to disconnect existing interfaces and connect new interfaces with associated equipment, test and verify complete operation at each location. The State shall retain the right to refuse any Contractor equipment and utilize State purchased equipment. The Contractor must work with the State to ensure circuit and equipment compatibility for full duplication of circuit and equipment operation.

New Service or Change Order: Any Service or Change Orders for the State of New Hampshire must originate from The Department of Information Technology – Statewide Telecommunications on a Telephone Service Request. Vendors must utilize and retain State issued Telecommunications Service Request numbers as a cross reference to any Vendor order number. Vendor must acknowledge receipt and acceptance of orders on the next State business day by means of an e-mail distributed to the State contacts.

Maintenance/Service Hours: Vendor shall repair support/ service restoration 24 hours per day, 7 days per week, 52 weeks per year. Reports shall be accepted via a toll free Vendor supplied number and e-mail reporting. The Vendor must perform 24 hour x 7 day monitoring, reporting and maintenance of its network in support of State services including addressing of system failure (full and component), network overload, network performance, alert management, management reports and other related items. Any failures shall be reported to the State within 15 minutes of detection.

Any call to the Vendor shall be returned within 15 minutes of initial request. Vendor shall pursue a solution to service issues, within two (2) hours of request. Circuit issues not resolved within four (4) hours of request shall become critical to the State, and require continued work to satisfy maintenance issues under Emergency Maintenance requirements. Vendor shall NOT limit daily work to eight (8) hours per day when addressing maintenance issues, requiring the Vendor to continue work beyond business hours until circuit connectivity is restored.

Emergency Maintenance: The Vendor must provide emergency maintenance for those network services designated by the State as important to the function of the State. The State shall designate the critical nature of the circuit at the time of notification. Inclusive of those problems shall be any problem restricting individual office operations and/or connectivity outside of the office in any and all respects. All such reports must be remotely tested by the Vendor within 30 minutes of report, with repairs initiated within the hour. If services are not restored within two hours of report, second level support shall be obtained through the Vendor. Vendor shall not limit daily work to eight (8) hours per day when addressing any issues requiring the Vendor to continue work beyond business hours until circuit connectivity is restored. Include a complete description of Vendor procedures in the Narrative response.

Routine Maintenance Requirements: The Vendor must provide routine maintenance for those network services designated by the State as routine maintenance services. Such services shall include, but are not limited to any problem regarding a single application while other applications remain operable. The Vendor must test the aforementioned service within two hours of report and repairs initiated within 4 hours. Any routine maintenance may be escalated to Emergency Maintenance at any time requested by the State.

Initial Installations: The Vendor shall replace ISP services currently provided to the State by the incumbent vendor. Installations shall be complete prior to 7/31/2017.

The Vendor shall not charge a onetime fee for the installation of any circuits.

Additional Installations: Services shall be installed on a per request basis. Any circuit requested after the initial completion of the State network shall be installed within 30 days of release of request to the Vendor.

Within 5 days of request to install at any service location, Vendor shall review the site to insure adequate service availability. The Vendor shall report back to the State in writing the results of the review within 5 business days after site review, verifying the installation date.

The State shall be allowed up to five (5) business days after Vendor installation and release to test and verify services. Vendor shall not bill for services during this timeframe. Vendor shall not bill for services if the installation fails to operate properly per the requirements noted within this document.

The Vendor shall not charge a onetime fee for the installation of any circuits.

Circuit and Interface Troubleshooting: Vendor must provide first level State internal network related problem determination assistance at no fee. At a minimum, the successful Vendor must demonstrate any related problem is not due to the Vendor’s services/equipment. Any fees that would be billed to the State regarding problem determination, or other services, must be specifically identified in the Vendor’s response.

Vendor will work with the State Project team to provide procedures for circuit acceptance and circuit disconnect.

Installation Spreadsheet: The Vendor shall provide information identifying installations in agreed upon state required table format. Tables shall contain circuit/cable numbers, physical terminating points, programmed options, terminating equipment, switching…