bid-2852-24.pdf

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

Date: ___________________ Company Name: ___________________________________________

Address: _________________________________________________

To: Point of Contact: Liz Moskalenko Telephone: 603-271-3122 Email: NH.Purchasing@das.nh.gov

RE: Bid Invitation Name: Road Paint Supply & Deliver Bid Number: 2852-24 Bid Posted Date (on or by): 11/17/2023 Bid Closing Date and Time: 12/15/2023 @ 11:00 AM (EST)

[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 #2852-24 for Road Paint Supply & Deliver 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

REQUEST FOR BID FOR

ROAD PAINT SUPPLY & DELIVER

FOR THE STATE OF NEW HAMPSHIRE

PURPOSE:

The purpose of this bid invitation is to establish a contract for the supply and delivery of Road Paint to the State of New Hampshire with product list and requirements indicated in the SCOPE OF WORK 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 email to Liz Moskalenko at Elizabeth.A.Moskalenko@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.

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.

11/17/2023 Bid Solicitation distributed on or by 12/01/2023 Last day for questions, clarifications, and/or requested changes to bid 12/04/2023 Samples to be received by 1:30 PM 12/15/2023 11:00 AM (EST) Bid Closing 03/01/2024 Implementation of Contract 04/01/2024 First Delivery Expected mailto:NH.Purchasing@DAS.NH.Gov mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov https://apps.das.nh.gov/bidscontracts/bids.aspx

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 March 1, 2024 or upon approval of the Governor and Executive Council, whichever is later, through February 28 2027, a period of approximately three (3) years.

The contract may be extended for up to an additional two (2) years 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 Governor and Executive Council.

CONTRACT AWARD:

The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total. 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.

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 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.

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:

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.

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, 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.

By submitting a proposal, Bidders acknowledge and agree that:

• 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 RFP;

• 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

• 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.

TERMINATION:

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

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/.

• 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 term of this contract and may be adjusted on the anniversary date, 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.

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

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.

Updated Published Price List MUST be e-mailed to Liz Moskalenko at Elizabeth.A.Moskalenko@DAS.NH.Gov.

PRICE ADJUSTMENTS:

The successful Vendor may request price adjustment each year of the contract period to take effect on the annual anniversary date of this contract. Requested price adjustment shall not be in excess of 3.5% capped per annum. Price increase for any product shall not be levied on pre-existing mixed batches of product for shipment, if previously purchased (prior to market increase) pre-mixed ingredients, either upward or downward, keyed to the industry changes or general trade. Written notice of an impending price increase, including substantiation for it, must be submitted in writing to Bureau of Purchase & Property, 25 Capitol Street, Rm. 102, Concord, NH 03301, no later than October 15 prior to the effective date of said price increase. The State reserves the right to reject any price increases it deems unreasonable. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid.

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.

ESTIMATED USAGE:

The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements.

These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage.

USAGE REPORTING:

The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant.

Reports are due no later than 30 days after each end of each calendar quarter to Liz Moskalenko at The Bureau of Procurement & Support Services and sent electronically to Elizabeth.A.Moskalenko@DAS.NH.Gov. At a minimum, the Report shall include:

• Contract Number

• Utilizing Agency and Eligible Participant

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

• 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 Types and volume of packaging used for transport o A standardized reporting form will be provided after contract award

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

• In Excel format

ESTABLISHMENT OF ACCOUNTS:

Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency 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.

ELIGIBLE PARTICIPANTS:

Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any of these entities.

PAYMENT:

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:

Invoices shall be submitted to the corresponding State agency after completion of work/acceptance of delivery.

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 the 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. 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

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

It is the responsibility of the Vendor to maintain this 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://www.das.nh.gov/purchasing/vendorresources.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.

https://www.nh.gov/treasury/state-vendors/index.htm https://www.nh.gov/treasury/state-vendors/index.htm https://www.das.nh.gov/purchasing/vendorresources.aspx

SPECIFICATION COMPLIANCE:

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.

Unless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all product 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.

New Hampshire Department of Transportation Specifications indicated in this bid are equivalent to the product quality required. You may bid different manufactured product; 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. Product that does not meet the minimum DOT specifications shall not be accepted. Product samples, literature and specifications shall be required on or by the date specified in this bid document timeline.

SPECIFICATIONS:

Complete specifications required are detailed in the SCOPE OF WORK 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 WORK:

Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein.

See Attachment A: State of New Hampshire Department of Transportation Specifications

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. Approval by the State must be received prior to a sub-contractor starting any work.

WARRANTY REQUIREMENTS:

The successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not less than one

(1) year or the manufacturer’s standard warranty period, whichever is greater, commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses.

OBLIGATIONS AND LIABILITY OF THE VENDOR:

The successful Vendor shall perform all work and furnish all materials, tools, equipment and safety devices necessary to perform the requested services in the manner and within the time hereinafter specified. The Vendor shall provide said services to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All work to be performed and all equipment to be furnished pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress.

The successful Vendor shall take full responsibility for the work to be performed pursuant to the Scope of Work included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said work. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the work, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendor shall bear all losses accruing to the Vendor as a result of the amount, quality, or character of the work required, or because the nature or characteristics of the work location is different from what the Vendor estimated or expected, or due to delays or other complications caused by the weather, elements, or other natural causes.

The successful Vendor agrees that any damage or injury to any buildings, materials, equipment, or other property resulting from the Vendor’s performance of the requested services shall be repaired at the Vendor’s own expense so that such buildings, materials, equipment, or other property are satisfactorily restored to their prior condition.

NON-EXCLUSIVE CONTRACT:

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.

DELIVERY TIME:

The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within five (5) business days from the placement of the order. See Attachment B for anticipated delivery schedule.

The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement.

RETURNED GOODS:

The successful Vendor shall resolve all order and invoice discrepancies within five (5) 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 (10) 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.

Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen (15) 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.

SHIPMENTS:

Vendor must ensure all shipments to primary delivery location shall be scheduled with the freight carriers to arrive at DOT locations between 6:00 AM and 12:00 PM Monday through Friday (with exception of State recognized holidays) following a minimum one-day notice via communication with the DOT delivery contact. Agency offloading of deliveries attempted outside this approved window may be delayed or not possible pending Agency staffing and arrival time. If so, transporters will need to locate parking not on State property (local truck parking available within 5-10 mile radius) and return the next business day.

JIT deliveries, Vendor must have load ready for transporters within a one (1) hour timeframe. Must have loaded in an efficient and timely manner as product required for immediate deliveries to central and/or remote locations are time sensitive and required for immediate usage in most cases.

Standard business day and hours of operation:

Orders for paint to be delivered to any of the remote locations shall be placed for order a minimum of 14 calendar days prior to the scheduled project start date. An alternative Remote Delivery Location within 50 miles of a listed location may be substituted at the time of order.

All Vendors must ensure shipments to Remote Delivery Locations will be scheduled with the freight carriers to arrive between 6:00 AM and 8:00 AM Monday through Friday (with exception of State recognized holidays).

Transporters are able to park for deliveries at required remote DOT facilities, out of way of normal State business and employee parking.

Vendors and Transporters must communicate with the DOT delivery contact at least twenty-four (24) hours prior to delivery (pending shipping location distance to DOT facility) and update with any status changes.

The State shall place the remote order using email to the vendor’s “contract managers” email address as stated in the bid solicitation submitted. If there is a change in contract manager, it shall be the vendors’ responsibility to notify the state Bureau of Traffic of the change via email and supply the name and email for the new contract manager.

The vendor shall have 24 hrs. from receipt of order to email confirmation they shall make complete delivery by the date stated on the order email or email confirmation they cannot meet the delivery date requested. If vendor cannot meet the delivery date requested, the vendor may offer a revised delivery date that they can make delivery for.

If the State accepts this revised delivery date offered by the vendor, it shall become the confirmed delivery date.

If the vendor confirms that they will meet the delivery date requested on the order email, the stated delivery date shall become firm and the state will schedule staffing, lodging, travel and other logistics around the confirmed delivery date.

DELIVERY - TIME, COMMUNICATION AND LATE DELIVERY PENALTIES (APPLIES TO REMOTE DELIVERY

LOCATIONS ONLY):

The State of New Hampshire shall institute the following policy, procedures and penalties relative to the timely delivery of paint orders to the remote delivery locations (B, C, D, E and F).

If Vendor fails to deliver the order by the confirmed delivery date:

The State will levy a late delivery penalty of $1,000.00 USD per each truckload delivered after confirmed delivery date to be due within 30 days of infraction.

The penalty value shall be deducted from the invoiced amount due the vendor for that order (or credit issued within 30 days in the case of Procurement Card payment).

If it is determined that the order will not be made by the confirmed delivery date, the vendor shall notify the State agency personnel who placed the order via phone and email to advise when delivery shall be made after the confirmed date. The vendor shall also allow the State to change the delivery location of the late delivery if requested to any of the stated New Hampshire locations (A through E) or an alternative Remote Delivery Location within 50 miles of a listed location at no charge to the State.

The use of a private carrier to make delivery does not relieve the successful bidder from the responsibility of meeting the delivery requirement.

TOTE CONTAINER SIZE:

• STAINLESS STEEL

Containers shall be 250 gallons or less

• BOTTLE AND CAGE CONTAINERS

Containers shall contain a maximum of 275 gallons

• OTHER STYLE TOTE CONTAINERS

Other style tote containers may be proposed by bidder subject to review and approval by Agency prior to award. Containers shall contain a maximum of 275 gallons

SHIPPING MANIFESTS:

Shipping manifests must accompany each delivery and must exhibit the batch number of the material delivered and Purchase Order Number. All 250/275 gallon totes will be delivered with metered slips attesting to the quantity of material contained in each tote.

PRE-BID AWARD PRODUCT SAMPLING & TESTING:

Two one-quart cans of each, white and yellow for standard fast dry paint (4 quarts total, no samples required for low temperature paint) are to be sent to the Bureau of Traffic for pre-bid testing by the NH DOT lab. Two of the quarts will be used by the NH DOT lab and the other two will remain unopened and reserved for independent lab testing, if the vendor chooses to submit due to failed testing at the NH DOT lab. The sample cans, each with tamper-evident seals, shall be sent by UPS, FedEx or similar service, for tracking purposes to the following address:

SAMPLES MUST BE RECEIVED PRIOR TO 11/30/2023 1:30 PM AT THE FOLLOWING LOCATION

Department of Transportation Bureau of Traffic

18 Smokey Bear Blvd, Concord NH, 03302 Attn: Lee Baronas

The State of New Hampshire Bureau of Traffic will maintain a chain of custody for tracking purposes.

All samples shall be accompanied by a Transmittal Letter with contact phone and email, Safety Data Sheets, and signed/dated Certificates of Compliance with the specification in Attachment A issued by the manufacturer for the material including certifications, certified analysis results, and identification of principal raw material including resins and pigments. At a minimum, test results shall include; Total Solids, % Pigment, % Non-Volatile in Vehicle, Viscosity, Fineness of Grind, Drying Time, Dry Opacity, Daylight Reflectance, and Density. Drying Time results shall include conditions of test environment including; air temperature, humidity, and film thickness (mils). Certificates of Compliance shall also attest that the product contains no nanomaterials.

Sample containers shall be marked with manufacturer name, product name, product number, plant, date of manufacture and batch numbers consistent with production containers.

If any sample (either color) fails the testing process, the bid will remain sealed and marked Non-compliant. NHDOT Bureau of Traffic will notify the vendor of failed testing results.

LONGEVITY OF PRE-BID AWARD TESTING RESULTS:

Pre-bid testing results will be retained on file until such time as may be required. In the event of an original contract default, wherein and at such time successful and compliant original bidders may be considered under a subsequent urgent solicitation to establish a new contract for the remainder of the contract timeframe.

SAMPLE FAILURE PROCEDURE:

The Vendor may request a copy of the test results in writing within two (2) business days after failure notification. The Vendor may request the unopened samples be submitted to either of the two approved labs indicated below to conduct the same testing for vendors own quality assurance. All efforts for quality assurance testing including transportation of samples will be at the Vendor’s expense.

Independent results are for Vendor information only and will not be binding on NHDOT or the State of New Hampshire.

Within five (5) business days after delivery to the independent lab, test results must be submitted to the following State address:

Department of Transportation, Bureau of Materials and Research 5 Hazen Dr., PO Box 483, Concord NH, 03302.

SAMPLE ACCEPTANCE:

Upon award and prior to delivery, the Vendor shall arrange for samples of each type of paint to be transported from the NHDOT laboratory to one of the Approved Laboratories for infrared analysis. Transportation and analysis shall be at the vendors’ expense. A copy of each certified infrared spectrum must be submitted to the Department of Transportation, Bureau of Materials and Research, 5 Hazen Drive, PO Box 483, Concord, NH 03302 before delivery of the paint.

APPROVED LABORATORIES

GPI LABORATORIES, INC. KTA-TATOR, INC.

4403 Donker Court SE 115 Technology Drive Grand Rapids, MI 49512 Pittsburgh, PA 12750 Tel: 616 940-3112 Tel: 412 788-1300 x 176

Vendor shall consistently supply product as submitted and approved through pre-bid testing and infrared analysis. Before each successive season, and at any time the Vendor supplies product from a different plant/location, new samples proposed to be delivered must be submitted to NHDOT lab for approval prior to shipment of product, similar to pre-bid testing. Approval testing shall also include subsequent vendor paid transportation of samples and infrared analysis.

RAW MATERIALS:

Bidders shall provide with its Certificates of Compliance submittals identification of principal raw materials including resins and pigments. When requested by the State of New Hampshire, bidder will furnish samples of raw materials used in bidder’s manufacturing process. Final acceptance and testing will be made upon application of paint. All delivered material will conform to the certified analysis.

Any materials not conforming will be rejected and removed at the Vendors expense.

OFFER:

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.

QTY UNIT DESCRIPTION UNIT COST EXT. COST

Section A

114,950 Gal Fast Dry White Paint, 250/275 Gallon Tote $ $

114,950 Gal Fast Dry Yellow Paint, 250/275 Gallon Tote $ $

1,100* Gal Fast Dry White Paint, 55 Gallon Drum $ $

600 Gal Fast Dry White Paint, 5 Gallon Pail $ $

300* Gal Fast Dry Yellow Paint, 5 Gallon Pail $ $

Section B – No Pre-bid Testing Required

3,025* Gal Fast Dry Low Temperature Yellow Paint 250/275 Tote $ $

3,025* Gal Fast Dry Low Temperature White Paint 250/275 Tote $ $

10* Ea. Empty 55 Gallon Drum $ $

TOTAL $

*Quantity values estimated for bidding purpose. Items not included in Delivery Schedule.

VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

The items in the Offer Section include the items most commonly purchased by State of New Hampshire agencies and shall be used for award purposes. During the term of contract, the State may purchase other items that relate to Road Paint represented herein from the successful Vendor’s Balance of Product Line. All items ordered shall include all shipping/charges as specified above in “Bid Prices”.

MINIMUM ORDERS:

There will be no minimum order whether in item quantity or dollar value associated with any contract resulting from this bid.

DELIVERY LOCATIONS:

The following are the current State of New Hampshire agency/institution locations which, if you are awarded a contract, you are expected to service. The State of New Hampshire reserves the right to add locations to this list at the contract prices or to delete locations, as needed. This listing does not include any eligible participants.

PRIMARY

DELIVERY

LOCATION

REMOTE DELIVERY LOCATIONS

LOCATION A

State of NH DOT Bureau of Traffic 18 Smokey Bear Blvd, Concord NH, 03302

LOCATION B

State of NH DOT Bureau of Traffic 201 Dells Road Littleton NH, 03561

LOCATION C

State of NH DOT Bureau of Traffic 1 Morin Drive Gorham NH, 03581

LOCATION D

State of NH DOT Bureau of Traffic 8 Grant Road Columbia NH, 03576

LOCATION E

State of NH DOT Bureau of Traffic 19 Base Hill Road Swanzey NH, 03561

LOCATION F

State of NH DOT Bureau of Traffic Glen Patrol Shed 88 Route 302 Bartlett,NH, 03838

If required, please see NH District Map for clarifications MaintenanceDistrictsEngineers.mxd (nh.gov).

STATE DELIVERY / BILLING CONTACTS

Eric Healey or Robert Havey 603-271-1685. Other means of communication may be mutually arranged after award.

RETURNED GOODS:

The successful Vendor shall resolve all order and invoice discrepancies within five (5) 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 (10) 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.

Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen (15) 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.

VENDOR CONTACT INFORMATION:

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

Note: To be considered, bid shall be signed on the front cover sheet in the space provided.

ATTACHMENTS:

The following attachments are an integral part of this bid invitation:

Attachment A: DOT Bureau of Traffic Specification Attachment B: Delivery Schedule Attachment C: Eligible Participant Attachment D: Sample P-37 Form https://mm.nh.gov/files/uploads/dot/remote-docs/districts-map-city-town-crosswalk.pdf

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

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Attachment A

STATE OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

BUREAU OF TRAFFIC SPECIFICATIONS

WHITE AND YELLOW WATERBORNE TRAFFIC PAINT

GENERAL

1.1 This specification describes ready-mixed, low VOC, fast drying, white and yellow waterborne traffic paint that shall be used as a binder for reflective beads, or for use as a plain non-reflective paint. The paint shall be suitable for either asphalt or concrete pavement surfaces. When applied at a wet-film thickness of 15 mils, the paint shall be suitable for application on all types of paved roadway surfaces.

1.2 The paint shall be formulated and processed specifically for service as a binder for reflective beads, in such a manner as to produce maximum adhesion, refraction and retro reflection. Any capillary action of the paint shall not be such as to cause complete coverage of the beads.

1.3 The paint shall be well mixed in the manufacturing process and shall be properly ground when incorporating the pigments in order to conform to the requirements as specified.

1.4 The paint shall not liver, thicken, curdle, gel, settle excessively, or otherwise show any objectionable properties during storage and shall be readily remixed manually to a smooth uniform consistency throughout.

1.5 The paint shall NOT be set, stored, staged anywhere in direct sunlight within an indoor and/or outdoor location prior to shipping.

1.6 The paint shall be fully emulsified/mixed prior to shipment so as to remain homogenous for a thirty (30) day time period after delivery.