bid_2930_24.pdf

Bidder Initials_______

Date___________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR WATER CHEMISTRY ANALYSIS SERVICES

2930-24

DUE DATE 6/26/2024 1:30 PM (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. PRICE ADJUSTMENTS:

18. AUDITS AND ACCOUNTING:

19. ACCOUNT REPRESENTATIVE:

20. ESTIMATED USAGE:

21. TERMS OF PAYMENT:

22. VENDOR RESPONSIBILITY:

23. IF AWARDED A CONTRACT:

24. SPECIFICATIONS:

25. SITE VISITATION:

26. SCOPE OF SERVICES:

27. ADDITIONAL REQUIREMENTS:

28. OBLIGATIONS AND LIABILITY OF THE VENDOR:

29. NON-EXCLUSIVE CONTRACT:

30. DISASTER RECOVERY:

31. ENVIRONMENTALLY FRIENDLY PRODUCTS:

32. OFFER:

33. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

34. VENDOR CONTACT INFORMATION:

35. DELIVERY LOCATIONS:

Date___________

36. ATTACHMENTS:

37. 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 Water Chemistry Analysis Services to the State of New

Hampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract.

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 Jonah Rosa at Jonah.L.Rosa@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: 6/21/2024 Last day for questions, clarifications, and/or requested changes to bid: 6/24/2024

Bid Closing (Eastern Time): 6/26/2024 1:30 PM

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 RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB.

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

Date___________

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 DIVISION OF PROCUREMENT AND SUPPORT SERVICES RULESAPPLY 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 upon approval of the Governor and Executive Council through August 1, 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.

10. CONTRACT AWARD:

10.1. 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.

10.2. The State of New Hampshire reserves the right to add or delete locations/equipment throughout the term of a resultant contract. For the addition of new locations or new equipment, a requesting agency through the Division of Procurement and Support Services shall submit a request for quote (RFQ) including a detailed scope of work to the successful contractor.

Quotes shall be consistent with pricing and service requirements contained herein and no service shall be performed until documented acceptance by the State is received. Any addition of new locations/equipment which constitutes a material change or increase in the assigned price limitation shall be effective upon approval of a contract amendment. Changes which do not constitute material change in scope of service or increased contract price limitation shall be effective upon written approval of the requesting agency.

10.3. 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

Date___________ 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.

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

Date___________ 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.

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. PRICE ADJUSTMENTS:

17.1. One the anniversary date of this contract and annually thereafter, the successful Vendor may request price adjustment, 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 the NH Fish & Game Department, Inland Fisheries, 11 Hazen Drive, Concord, NH 03301, or via email to dianne.m.timmins@wildlife.nh.gov no less than thirty (30) days 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.

18. AUDITS AND ACCOUNTING:

18.1. 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.

18.2. 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.

19. ACCOUNT REPRESENTATIVE:

19.1. 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:

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

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

20. ESTIMATED USAGE:

20.1. 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.

21. TERMS OF PAYMENT:

21.1. Payment shall not be due until 30 days after the invoice has been received at the agency business office or all items have been delivered, inspected, and accepted by the agency, whichever is later.

21.2. Payment method (P-Card or ACH). Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the State of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm. Eligible participants shall negotiate their own payment methods with the successful Vendor.

22. VENDOR RESPONSIBILITY:

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

22.2. 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.

22.3. 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.

22.4. 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.

mailto:dianne.m.timmins@wildlife.nh.gov https://www.nh.gov/treasury/state-vendors/index.htm

Date___________

22.5. 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.

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

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

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

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

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

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

22.8. 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.

22.9. 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.

23. IF AWARDED A CONTRACT:

23.1. 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)

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

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

23.4. 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.

24. SPECIFICATIONS:

24.1. 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.

25. SITE VISITATION:

25.1. Prior to bidding, it is each Vendor's responsibility to become thoroughly familiar with the sites of the intended service, to determine everything necessary to accomplish the services. Failure of the Vendor to make a site visit does not relieve the Vendor of responsibility to fully understand what is necessary to accomplish a successful and complete services. Coordinate site visits with Dianne Timmins at (603) 271-1744 or at dianne.m.timmins@wildlife.nh.gov.

26. SCOPE OF SERVICES:

26.1. Vendor shall supply all labor, tools, transportation, materials, equipment and chain-of-custody documents as necessary and required to perform services as described herein.

26.2. The Vendor shall supply properly preserved containers, cooler, Chain of Custody documents, delivery, and sample pick up to and from all fish hatcheries listed in paragraph 35 within 10 days (sample pick up through analysis and reporting) with the exception of the Powder Mill Hatchery which shall be 7 days and Berlin Fish Hatchery. Berlin Fish Hatchery staff will be responsible for pick up and drop off of samples and supplies. The State shall coordinate 24 hours in advance of container drop off or pick up.

26.3. NPDES Permits available upon request. Please note: Five of the six hatchery NPDES permits were recently renewed, and Berlin is in the renewal process. Sampling types and frequencies may change during the duration of this contract-some are monthly, most are quarterly, Powder Mill is weekly, formaldehyde analysis is only “when present” (only when formalin is being used for treatment, weekly).

https://www.das.nh.gov/purchasing/vendorresources.aspx mailto:dianne.m.timmins@wildlife.nh.gov

26.4. Method of Testing:

TSS using SM2540D-11 reporting limit 2.0 mg/L

Total Nitrogen as N

SM 4500NH3D

(NOTE: Total Nitrogen (mg/l)= [Total kjeldahl nitrogen + total nitrite nitrogen + total nitrate nitrogen]

Total Ammonia as N SM4500NH3D or sufficiently sensitive approved methods listed in 40 CFR Part 13 6

Total Phosphorus (TP as P) EPA 365.1 (minimum detection level of 10µg/L) Ortho Phosphate as Ortho Phosphate-P EPA 365.1 (minimum detection level of 10µg/L)

BOD5 SM5210B

Formaldehyde 1667 Rev.-A, or 8315 Rev.-A (minimum level of 50µg/L) Note: Not part of bid calculation as it is not a regularly used item.

Potential Additions:

Chlorophyll-a SM10200H Chemical oxygen demand (COD) mg/L using Hach 8000 Total Alkalinity SM2320B-11 (mg/L CaCO3) Turbidity SM2130B-11 (NTU)

27. ADDITIONAL REQUIREMENTS:

27.1. 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 NH Fish & Game Department. 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.

27.2. The Vendor shall not commence work without first coordinating with the NH Fish & Game Department.

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

27.4. 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.

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

27.6. 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.

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

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

27.9. 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.

28. OBLIGATIONS AND LIABILITY OF THE VENDOR:

28.1. 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

Date___________ 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.

28.2. 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.

28.3. 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.

29. NON-EXCLUSIVE CONTRACT:

29.1. 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.

30. DISASTER RECOVERY:

30.1. 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)

30.2. 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.

31. ENVIRONMENTALLY FRIENDLY PRODUCTS:

31.1. 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:

31.1.1. Energy or water efficient

31.1.2. Reusable

31.1.3. Recyclable

31.1.4. Contains postconsumer recycled materials

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

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

31.2. 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.

31.3. 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.

31.4. 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.

32. OFFER:

32.1. 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.

32.2. 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.

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

Description Unit Price Total suspended solids (TSS) in mg/L using SM2540D reporting limit 2.0 mg/L $ Five day biochemical oxygen demand (BOD5) in mg/L using SM5210B reporting limit 3 mg/L $ Total Phosphorus as phosphorus (TP as P) in mg/L using EPA 365.1 reporting limit 0.01 mg/L $ Ortho Phosphate as phosphorus (Ortho Phosphate-P) in mg/L using EPA 365.1 reporting limit 0.01 mg/L $

Total Ammonia as N using SM 4500NH3D or sufficiently sensitive approved methods listed in 40 CFR Part 136 $

Total nitrogen as N using SM4500 NH3D (total Nitrogen in mg/l is determined by Total kjeldahl nitrogen + total nitrite nitrogen + total nitrate nitrogen) reporting limit 0.5 mg/L $

Chlorophyll-a in mg/l [SM10200H] June through September $ Total suspended solids (TSS) in mg/L using SM2540D-11 reporting limit 2.0 mg/L $ Chemical oxygen demand (COD) in mg/L using Hach 8000 $ Total Alkalinity using SM2320B-11 (mg/L CaCO3) $ Turbidity using SM2130B-11 (NTU) $ Formaldehyde (µg/L) using method 1667 Revision-A, or method 8315 Revision-A which have a minimum quantification level (ml) of 50 micrograms per liter (µg/L) $

Note: Due to the inconsistency and unpredictable nature of the formaldehyde testing, this test will not be used in determining the contract award. Please include a cost for reference in instances when we would need to perform a formalin sample test.

33. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

33.1. 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”.

34. VENDOR CONTACT INFORMATION:

34.1. 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 (provided by State of NH) DUNS and/or SAM.GOV Number

35. DELIVERY LOCATIONS:

35.1. 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.

35.1.1. Fish Hatchery, 3783 York Pond Road, Berlin, NH

35.1.2. Fish Hatchery, 1450 Route 3 North, Carroll, NH

35.1.3. Fish Hatchery, 23 Fish Hatchery Road, Warren, NH

35.1.4. Fish Hatchery, 204 Main Street, New Hampton, NH

35.1.5. Fish Hatchery, 288 Merrymeeting Road, New Durham, NH

35.1.6. Fish Hatchery, 386 North River Road, Milford, NH

Date___________

36. ATTACHMENTS:

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

36.1.1. Attachment 1: Testing Schedule

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

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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 necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws.

7.2 The Contracting Officer specified in block 1.9, or any

successor, shall be the State’s point of contact pertaining to this Agreement.

8. EVENT OF DEFAULT/REMEDIES. 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”):

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of this Agreement.

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

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

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

8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both.

9. TERMINATION. 9.1 Notwithstanding paragraph 8, the State may, at its sole discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) calendar days written notice to the Contractor that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) calendar days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. In addition, at the State’s discretion, the Contractor shall, within fifteen (15) calendar days of notice of early termination, develop and submit to the State a transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE. 10.1 As used in this Agreement, the word “Property” shall mean all data, information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished.

10.2 All data and any Property which has been received from the State, or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason.

10.3 Disclosure of data, information and other records shall be governed by N.H. RSA chapter 91-A and/or other applicable law.

Disclosure requires prior written approval of the State.

11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS. 12.1

Contractor shall provide the State written notice at least fifteen (15) calendar days before any proposed assignment, delegation, or other transfer of any interest in this Agreement. No such assignment, delegation, or other transfer shall be effective without the written consent of the State.

12.2 For purposes of paragraph 12, a Change of Control shall

constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor.

Date___…