bid_2921_24.pdf

Bidder Initials_______

Date___________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR BULK DEBRIS AND ENCAMPMENT CLEANUP SERVICES

2921-24

DUE DATE 6/24/2024 10:00 AM (EASTERN TIME)

Date___________

Table of Contents

1. PURPOSE:

2. INSTRUCTIONS TO VENDOR:

3. BID SUBMITTAL:

4. BID INQUIRIES:

5. BID DUE DATE:

6. ADDENDA:

7. TIMELINE:

8. TERMS OF SUBMISSION:

9. CONTRACT TERM:

10. CONTRACT AWARD:

11. NOTIFICATION AND AWARD OF CONTRACT(S):

12. LIABILITY:

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

14. TERMINATION:

15. VENDOR CERTIFICATIONS:

16. BID PRICES:

17. AUDITS AND ACCOUNTING:

18. ACCOUNT REPRESENTATIVE:

19. ESTIMATED USAGE:

20. USAGE REPORTING:

21. ESTABLISHMENT OF ACCOUNTS:

22. ELIGIBLE PARTICIPANTS:

23. TERMS OF PAYMENT:

24. VENDOR RESPONSIBILITY:

25. IF AWARDED A CONTRACT:

26. SPECIFICATIONS:

27. SCOPE OF SERVICES:

28. EMERGENCY SERVICES:

29. ADDITIONAL REQUIREMENTS:

30. OBLIGATIONS AND LIABILITY OF THE VENDOR:

31. NON-EXCLUSIVE CONTRACT:

32. DISASTER RECOVERY:

33. ENVIRONMENTALLY FRIENDLY PRODUCTS:

34. OFFER:

35. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

36. LOCATIONS:

37. ATTACHMENTS:

38. VENDOR CONTACT INFORMATION:

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

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

Date___________

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract for statewide cleanup of illegal dumping sites, homeless encampments after they have been abandoned or cleared of human habitation, and bulk debris located on State properties 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.

2. INSTRUCTIONS TO VENDOR:

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

3. BID SUBMITTAL:

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

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

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

4. BID INQUIRIES:

4.1. Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in 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.

4.2. Questions shall be submitted by email to James Poulin at James.M.Poulin@DAS.NH.Gov.

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

5. BID DUE DATE:

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

5.2. All 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.

6. ADDENDA:

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

Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, 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.

7. TIMELINE:

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

Bid Solicitation distributed on or by: 5/30/2024 Last day for questions, clarifications, and/or requested changes to bid: 6/19/2024

Bid Closing (Eastern Time): 6/24/2024 10:00 AM

8. TERMS OF SUBMISSION:

8.1. 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.

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

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

Date___________

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.

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

8.5. 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.

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

8.7. 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.

9. CONTRACT TERM:

9.1. The term of the contract shall commence on July 1, 2024, or upon approval of the Governor and Executive

Council/Commissioner of Department of Administrative Services, whichever is later, through June 30, 2027, a period of approximately three (3) years.

9.2. 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/Commissioner of Department of Administrative Services.

9.3. The Contract may be amended, by agreement of the parties, without further approval needed by the executive council if the price limitation is unchanged or decreased as a result of the new or deleted location.

10. CONTRACT AWARD:

10.1. The award shall be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest cost per county. Vendors may bid on and be awarded multiple counties. It is the state’s intent to award up to three contracts per county. 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).

10.2. 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.

11. NOTIFICATION AND AWARD OF CONTRACT(S):

11.1. 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).

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

11.3. 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.

12. LIABILITY:

12.1. 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.

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

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

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

13.3. If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one

(1) of this document, the identified information considered to be confidential must be accompanied by a separate letter

Date___________ 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.

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

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

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

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

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

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

14. TERMINATION:

14.1. 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.

15. VENDOR CERTIFICATIONS:

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

15.2. 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).

15.3. 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/.

15.4. 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.

15.5. 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.

16. BID PRICES:

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

Date___________ 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.

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

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

17. AUDITS AND ACCOUNTING:

17.1. 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.

17.2. 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.

18. ACCOUNT REPRESENTATIVE:

18.1. The Contractor shall assign a dedicated account representative and a backup in their absence who will be responsible for the daily administration of this Contract. The account representative shall be familiar with all Contract requirements to ensure compliance with the terms of the Contract. The account representative shall respond by phone or email to Client Agency inquiries within 24 hours of initial contact or the next business day if after normal business hours. The account representative’s responsibilities shall include but not be limited to:

18.1.1. Coordinate business review meeting(s) either virtually or on-site with the State held at a cadence requested by the State.

18.1.2. Provide recommended process and productivity improvements related to potential cost savings to the State for consideration quarterly.

18.1.3. Provide information and product offerings to bring the latest industry ideas and trends to the State as applicable.

18.1.4. Provide training on the use of the Contractor’s portal as needed with no charge to the State.

19. ESTIMATED USAGE:

19.1. 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.

20. USAGE REPORTING:

20.1. 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 Bureau of Procurement Services, James Poulin and sent electronic to James.M.Poulin@DAS.NH.Gov. At a minimum, the Report shall include:

20.1.1. Contract Number

20.1.2. Utilizing Agency and Eligible Participant

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

20.1.4. 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:

20.1.4.1. Percentage of recycled materials contained within finished products

20.1.4.2. Percentage of waste recycled throughout the manufacturing process

20.1.4.3. Types and volume of packaging used for transport

20.1.4.4. Any associated material avoided and/or recycled as applicable under contract

20.1.4.5. Green Certifications for each product sold

20.1.4.6. A standardized reporting form will be provided after contract award

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

20.1.6. In Excel format

21. ESTABLISHMENT OF ACCOUNTS:

21.1. 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

Date___________

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.

22. ELIGIBLE PARTICIPANTS:

22.1. 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.

22.2. Under no circumstances shall payment for any material picked up or dropped off under this contract be made to any State agency other than the one stated above.

23. TERMS OF PAYMENT:

23.1. Payment shall be made to the State of NH within thirty (30) days after services are completed.

23.2. All transactions for the payment period shall be paid with one check.

24. VENDOR RESPONSIBILITY:

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

24.2. 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.

24.3. 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.

24.4. 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.

24.5. 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.

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

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

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

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

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

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

24.8. 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.

24.9. 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.

25. IF AWARDED A CONTRACT:

25.1. The successful Vendor shall complete the following sections of Appendix A (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)

25.2. Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37.

25.3. Provide proof of sufficient workers’ compensation insurance coverage or evidence of exemption from RSA Chapter 81-A.

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

Date___________

25.4. 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.

26. SPECIFICATIONS:

26.1. 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.

27. SCOPE OF SERVICES:

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

27.2. Vendor shall be responsible for statewide cleanup of illegal dumping sites, homeless encampments after they have been abandoned or cleared of human habitation, and bulk debris located on State properties.

27.3. Vendor shall be responsible for the removal and disposal of all garbage and debris at the desired location of the requesting agency.

27.4. Items to be disposed of include, but are not limited to the following:

27.4.1. Trash (glass, paper, cardboard, plastics, etc.)

27.4.2. Mattresses

27.4.3. Construction debris

27.4.4. Furniture

27.4.5. Blankets

27.4.6. Boxes

27.4.7. Small branches and tree debris

27.4.8. Feces

27.4.9. Cleaning products

27.4.10. Biohazard waste (animal waste, sharps, bandages, etc.)

27.4.11. Metals

27.4.12. Electronics (phones, computers, tablets, etc.)

27.5. The Vendor shall be responsible for determining if each waste is acceptable for safe transportation and if each waste can be disposed of or recycled.

27.6. Vendor is responsible for providing their own means of dumpster, (dump truck or trailer) if one is required.

27.6.1. Dumpster will NOT be left when cleanup is completed.

27.6.2. It is the responsibility of the vendor to make contact with the requesting agency to establish the proper size of dumpster required for the site clean-up.

27.7. If debris is removed and self-hauled for disposal, Vendor shall provide the agency with the transfer station weight-tags that include the cost of disposal and the total weight of debris removed. For quoting purposes of jobs, the agency must give a detailed description of the site to be serviced in order to accurately estimate the cost of disposal. It is recommended that the Vendor over-estimate for quoting purposes.

27.8. Vendor is responsible for transportation to and from site locations (Section 38.) Locations may be off of a paved road, in a wooded area or difficult to get to via vehicle and should be planned accordingly.

27.8.1. Requesting agency will provide full details of the scope of work when requesting a quote.

27.9. Category 1: High and medium complexity cleanups

27.9.1. This category is for large sites (1.5 acres or larger) for which cleanup might require heavy equipment and experience in navigating steep slopes, safely removing large amounts of trash, medical, chemical, biological Category 1 Vendors are required to provide documentation of certification in steep slopes – fall protection equipment and hazardous waste handling/disposal (if applicable).

27.10. Category 2: Moderate and low complexity cleanups

27.10.1. This category is for smaller sites (less than 1.5 acres) for which cleanup will not require heavy equipment and the site topography is flat or moderately flat. Category 2 Vendors are required to provide documentation of certification in hazardous waste handling/disposal (if applicable).

Date___________

27.11. Vendors shall document the cleanup site photographically both before beginning the Encampment Cleanup Services and after completing the contracted job.

27.12. Should the agency find any discrepancies in the services, the vendor is to be notified within 24 hours and to follow-up with 48 hours with the agency to schedule within 5 days to correct any missed items at no additional charge.

27.13. Advance noticing:

27.13.1. Agency requesting site cleanup must publicly post notice in the area a minimum of 10 days before awarded vendor is scheduled to start work.

27.13.2. For expedited services, deemed emergency by the New Hampshire Governor, a minimum of 3 hours notice will be given before the cleanup will begin.

27.14. Collection and removal.

27.14.1. Collect, dismantle, and remove all identified trash, debris, and structures.

27.15. Disposal.

27.15.1. Properly dispose of identified materials as set forth in the scope. Materials designated for disposal shall be properly and safely handled, transported, and disposed of consistent with all applicable law (e.g., hazardous waste, universal waste, medical waste, and other regulated materials) at a site permitted to accept such materials.

27.16. Firearms, explosives and illegal contraband

27.16.1. Contact local police department immediately and stop work. Upon findings of illicit drugs, vacate all workers from the site, and contact police and agency immediately.

27.17. Currently the State of New Hampshire has multiple Statewide contracts for hazardous waste.

27.17.1. Should hazardous waste be found during site clean-up, if the vendor does not have the proper hazardous waste certifications, contact and of the following listed below as a resource.

27.17.1.1. Hazardous and Noxious Waste, Petroleum Products, Chemical Spills (Emergent and Non-emergent).

27.17.1.1.1. Immediately Stop services and contact agency point of contact.

27.17.1.1.2. Trauma and Biohazards

27.17.1.1.2.1. ALERT THE POLICE IMMEDIATELY

27.17.2. Vendor may continue to complete site clean up in after approval from agency’s and/or police approval.

28. EMERGENCY SERVICES:

28.1. Emergency services are defined as urgent, have impacted the safety of personnel, or impacted the operational capability of the State and are needed within 24 – 48 hours of notification to the vendor. The awarded Vendor(s) shall provide service rates at the hourly rates for the State facilities listed herein. Agencies shall request services by issuing a Request for Quote (RFQ) with scope of work detailing as much information about the repair as available.

28.2. The Vendor shall, after each scheduled or emergency call and before leaving the job site, present a written summary of the work performed and obtain signature thereon from the State representative.

28.3. The Vendor shall make service available twenty-four (24) hours per day, seven (7) days per week. The Vendor shall employ a sufficient number of trained and certified technicians so that calls of any emergency nature can be answered promptly.

Vendor shall provide a not to exceed estimate before starting any work. If overtime is necessary and is determined to be caused by the Vendor, the State may at their discretion deduct a portion of the additional time.

29. ADDITIONAL REQUIREMENTS:

29.1. Unless otherwise stated in the Scope of Services, all services performed under this Contract(s) shall be performed between the hours of 8:00 A.M. and 4:00 P.M. for State business days, 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 shall be paid for any off-hour work.

29.2. 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 shall be arranged by the requesting agency (State).

29.3. 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

Date___________ necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor.

29.4. 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.

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

29.6. 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.

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

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

29.9. 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.

30. OBLIGATIONS AND LIABILITY OF THE VENDOR:

30.1. 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.

30.2. The successful Vendor shall take full responsibility for the work to be performed pursuant to the Scope of Services 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.

30.3. 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.

31. NON-EXCLUSIVE CONTRACT:

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

32. DISASTER RECOVERY:

32.1. Do you provide emergency preparedness plan to aid the State during an emergency or disaster recovery with specifics as to response time, availability of supplies and goods and services offered? Yes or No (circle one)

32.2. If yes, please include hard copy and/or link to website for further information. This information is not considered part of award criteria and is considered informational only.

33. ENVIRONMENTALLY FRIENDLY PRODUCTS:

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

33.1.1. Energy or water efficient

33.1.2. Reusable

33.1.3. Recyclable

Date___________

33.1.4. Contains postconsumer recycled materials

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

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

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

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

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

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

34. OFFER:

34.1. Vendor hereby offers to perform the services to the State of New Hampshire as specified at the prices quoted below, in complete accordance with the general and detailed specifications included herewith. Quotes in lieu of a completed offer sheet will not be accepted.

34.2. 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.

34.3. OFFER SHEET WILL BE ATTACHMENT 1 (SEPARATE FROM THIS DOCUMENT).

35. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

35.1. 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 the product/categories 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”.

36. LOCATIONS:

36.1. 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.

36.2. Locations will be provided by the requesting agency of the county in which the vendor is awarded.

36.3. Locations may not be building specific.

36.4. Site conditions:

Sites are considered to contain a variety of materials that may contain garbage and general constructed temporary shelters;

human waste; hazardous materials including bio-hazardous; and other items associated with homeless occupancy debris.

Work may be performed in inclement weather. Jobsites can be in heavy foliage, poison oak, steep embankments, next to train tracks, by creeks and lakes, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. Some encampments become reoccupied prior to or during service, in which case, the Vendor will address such conditions prior to beginning or during the cleanup work.

36.5. Locations may be any of the listed types of environments, but not limited to the following:

36.5.1. Parks

36.5.2. Wooded areas

36.5.3. Parking lots

36.5.4. Underpasses

36.5.5. Abandoned areas

36.5.6. Train stations

36.5.7. Roadsides and ditches

36.6. Vendor will work as awarded, in one to up to ten New Hampshire counties (see map).

Vendor will work as awarded, in one or both categories as described in the Scope of Work (Section 27).

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

37. ATTACHMENTS:

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

37.1.1. Attachment 1: Offer Sheet

38. VENDOR CONTACT INFORMATION:

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

Contact Person Local Telephone Number Toll Free Telephone Number

E-mail Address Company Website

Vendor Company Name Vendor Address

Vendor Number (given by State of NH) DUNS and/or SAM.GOV Number

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

Microsoft Teams Need help?

Join the meeting now Meeting ID: 228 113 717 438 Passcode: fmHzZL

Dial in by phone +1 603-931-4944,,526127935# United States, Concord Find a local number Phone conference ID: 526 127 935# Join on a video conferencing device Tenant key: nhgov@m.webex.com Video ID: 114 810 098 4 More info https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGQwZDE2YzYtYjM3MS00YjVhLWIxNDktMjRjNDZjMTMyMGYz%40thread.v2/0?context=%7b%22Tid%22%3a%22992deae9-1c4c-42c8-a310-5088af55ba74%22%2c%22Oid%22%3a%2260660cdd-0b73-4da5-81eb-e4f3125ec59d%22%7d tel:+16039314944,,526127935 https://dialin.teams.microsoft.com/f7a647af-ea74-46b0-81b7-19cbfe838a27?id=526127935 https://www.webex.com/msteams?confid=1148100984&tenantkey=nhgov&domain=m.webex.com

Date___________

APPENDIX A

SAMPLE FORM TO BE COMPLETED UPON AWARD

FORM NUMBER P-37 (version 2/23/2023)

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name

1.2 State Agency Address

1.3 Contractor Name

1.4 Contractor Address

1.5 Contractor Phone Number 1.6 Account Unit and

Class

1.7 Completion Date 1.8 Price Limitation

1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number

1.11 Contractor Signature

Date:

1.12 Name and Title of Contractor Signatory

1.13 State Agency Signature

Date:

1.14 Name and Title of State Agency Signatory

1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable)

By: On:

1.17 Approval by the Governor and Executive Council (if applicable)

G&C Item number: G&C Meeting Date:

Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract.

Date___________

2. SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”).

3. EFFECTIVE DATE/COMPLETION OF SERVICES. 3.1

Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.13 (“Effective Date”).

3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed.

3.3 Contractor must complete all Services by the Completion Date specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT.

5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference.

5.2 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services.

5.3 The State reserves the right to offset from any amounts

otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law.

5.4 The State’s liability under this Agreement shall be limited to monetary damages not to exceed the total fees paid. The Contractor agrees that it has an adequate remedy at law for any breach of this Agreement by the State and hereby waives any right to specific performance or other equitable remedies against the State.

6. COMPLIANCE BY CONTRACTOR WITH LAWS AND

REGULATIONS/EQUAL EMPLOYMENT OPPORTUNITY.

6.1 In connection with the performance of the Services, the

Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal employment opportunity laws and the Governor’s order on Respect and Civility in the Workplace, Executive order 2020-01.

In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the State or the United States issue to implement these regulations. The Contractor shall also comply with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of age, sex, sexual orientation, race, color, marital status, physical or mental disability, religious creed, national origin, gender identity, or gender expression, and will take affirmative action to prevent such discrimination, unless exempt by state or federal law. The Contractor shall ensure any subcontractors comply with these nondiscrimination requirements.

6.3 No payments or transfers of value by Contractor or its

representatives in connection with this Agreement have or shall be made which have the purpose or effect of public or commercial bribery, or acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business.

6.4. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with this Agreement and all

Date___________ rules, regulations and orders pertaining to the covenants, terms and conditions of this Agreement.

7. PERSONNEL. 7.1 The Contractor shall at its own expense provide all personnel…