bid_2948_25.pdf

Bidder Initials_______

Date___________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR DRY SYSTEM FIRE PROTECTION DESIGN AND BUILD SERVICES

2948-25

DUE DATE 9/16/2024 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 ITEMS:

17. BID PRICES:

18. AUDITS AND ACCOUNTING:

19. INVOICING:

20. TERMS OF PAYMENT:

21. CONTRACT BOND:

22. VENDOR RESPONSIBILITY:

23. IF AWARDED A CONTRACT:

24. SPECIFICATIONS:

25. SITE VISITATION:

26. SCOPE OF SERVICES:

27. ADDITIONAL REQUIREMENTS:

28. WARRANTY REQUIREMENTS:

29. OBLIGATIONS AND LIABILITY OF THE VENDOR:

30. NON-EXCLUSIVE CONTRACT:

31. ENVIRONMENTALLY FRIENDLY PRODUCTS:

32. OFFER:

33. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

34. VENDOR CONTACT INFORMATION:

35. ATTACHMENTS:

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

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract for Dry System Fire Protection Design and Build Services to the

State of New Hampshire Department of Fish and Game Durham Facility 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 Ryan Fuller at christopher.r.fuller@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: 8/8/2024 Drawings and specs available for purchase and download/pickup 8/9/2024

First pre-bid walkthrough 8/20/2024 Second pre-bid walkthrough 8/22/2024 Last day for questions, clarifications, and/or requested changes to bid: 9/4/2024

States response to questions, clarifications, and/or requested changes to bid: 9/13/2024

Bid Closing (Eastern Time): 9/16/2024 10:00 AM Anticipated Contract Implementation 11/15/2024 Project Completion Date 5/30/2025 mailto:NH.Purchasing@DAS.NH.Gov mailto:christopher.r.fuller@das.nh.gov https://apps.das.nh.gov/bidscontracts/bids.aspx

Date___________

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.

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 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 November 15, 2024, or upon approval of the Governor and Executive Council, whichever is later, through May 31, 2025, a period of approximately six (6) months.

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

Date___________ 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 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.

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

15.5. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall deliver to the Commissioner at the time of submitting a signed Contract, certificates of all insurance required hereunder and such insurance shall be reviewed prior to approval by the Attorney General. The certificates of insurance shall contain a description of the project, including the project name and number. All of the insurance policies required by this Contract shall require the insurer to provide the Division of Public Works Design and Construction with thirty (30) days’ prior written notice before an insurance policy is cancelled or modified, or ten (10) days’ prior written notice in the event of non-payment of premium. The Contractor shall keep the following insurance coverages in force through the date of Substantial Completion, or longer at the Project Manager’s direction: Builder’s Risk; and Owner’s and Contractor’s Protective Liability. The Contractor shall keep all other insurance coverages required under this Contract in force through the period of the Contract, which includes any applicable warranty period. The Contractor shall have a continuing duty to keep the insurance coverages required under this Contract in effect and to provide the Division of Public Works Design and Construction with new certificates of insurance containing the project number and description as policies are amended or renewed. At the request of the Commissioner, the Contractor shall promptly make available a copy of any and all listed insurance policies. The required insurance must be written by a company licensed to do business in the State of New Hampshire at the time the policy is issued, amended or renewed. In addition, the company must have a rating of no less than B+ based on the current A.M. Best rating guide at the time the policy is issued, amended or renewed. Failure to comply with the insurance requirements of this Contract may result in a delay in processing requisitions, stopping work on the project, or other consequences.

15.6. The Contractor shall require each Subcontractor employed on the Project to maintain the coverage listed below unless the Contractor's insurance covers activities of the Subcontractor on the Project.

15.7. No operations under this Contract shall commence until certificates of insurance attesting to the below listed requirements have been filed with the Commissioner, approved by the Attorney General, and a Notice to Proceed is issued.

15.7.1. Workers' Compensation Insurance: In accordance with NH RSA chapter 281-A, workers’ compensation insurance is required as follows:

15.7.1.1. Employer’s Liability—Limits of Liability:

15.7.1.1.1. $100,000 each accident.

15.7.1.1.2. $500,000 Disease-policy limit.

15.7.1.1.3. $100,000 Disease-each employee.

15.7.1.1.4. Any applicable deductible shall be shown on the Certificate.

15.7.2. Commercial General Liability Insurance:

15.7.2.1. Occurrence Form Policy: must include full Contractual Liability (see Indemnification Clause I)., Explosion, Collapse, and Underground coverages:

15.7.2.1.1. Limits of Liability:

15.7.2.1.1.1. $1,000,000 Each Occurrence Bodily Injury & Property Damage.

15.7.2.1.1.2. $2,000,000 General Aggregate – Include per Project Aggregate Endorsement.

15.7.2.1.1.3. $2,000,000 Products/Completed Operations Aggregate. The State of New Hampshire, its agencies, and its agents and employees shall be named as additional insureds.

15.7.3. If blasting and/or demolition is required by the Contract, the Contractor or Subcontractor shall obtain the respective coverage for those activities, and shall furnish to the Commissioner a Certificate of Insurance evidencing the required coverages prior to commencement of any operations involving blasting or demolition or both.

15.7.4. Owner’s and Contractor’s Protective Liability (OCP) coverage for the benefit of the State of New Hampshire Department of Administrative Services.

15.7.4.1. Limits of Liability:

15.7.4.1.1. $2,000,000 Each Occurrence

15.7.4.1.2. $3,000,000 Aggregate

****** [OR] ******

15.7.4.1.3. $2,000,000 Bodily Injury & Property

15.7.5. Commercial Automobile Liability covering all motor vehicles including owned, hired, borrowed, and non-owned vehicles.

Date___________

15.7.5.1. Limits of Liability:

15.7.5.1.1. $1,000,000 Combined Single Limit for Bodily Injury & Property Damage

15.7.6. Commercial Umbrella Liability

15.7.6.1. Limits of Liability:

15.7.6.1.1. $1,000,000 Each Occurrence

15.7.6.1.2. $1,000,000 General Aggregate

15.7.6.1.3. $1,000,000 Completed Operations Aggregate

15.7.7. Builder's Risk Insurance (Fire and Extended Coverage):

15.7.7.1. The Contractor shall insure the work included in the Contract, including extras and change orders, on an "All

Risk" basis, on one hundred percent (100%) completed value basis of the Contract, as modified. Builder’s Risk coverage shall include materials located at the Contractor’s premises, on-site, in-transit, and at any temporary site. The policy by its own terms or by endorsement shall specifically permit partial or beneficiary occupancy prior to completion or acceptance of the entire work. The policies shall be in the names of the State Department of Administrative Services and the Contractor. The policies shall provide for the inclusion of the names of all other Contractors, Subcontractors, and others employed on the premises as insureds. The policies shall stipulate that the insurance companies shall have no right of subrogation against any Contractors, Subcontractors or other parties employed on the premises.

15.7.8. Indemnification:

15.7.8.1. The Contractor shall indemnify, defend, and hold harmless the State of New Hampshire, its Agencies, and its agents and employees from and against any and all claims, liabilities, suits or penalties arising out of (or which may be claimed to arise out of) acts or omissions of the Contractor or Subcontractors in the performance of work covered by the Contract. This covenant shall survive the termination of the Contract. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.

16. BID ITEMS:

16.1. Bid items are the design and build of a dry fire protection system at the New Hampshire Fish and Game Durham facility, 225 Main Street, Durham, NH 03824. Include in the bid a lump sum total for all labor and materials, including start-up and required training at the New Hampshire Fish and Game Durham facility as defined in the attached drawings, specifications, and any follow-on addenda.

16.2. The Contract has an Allowance for use upon the State’s instruction. The Allowance amount stipulated shall be $10,000.00. The Allowance will make money available for modifications and/or additions to contract items due to owner-initiated changes, or for unknown, latent, or differing existing conditions, or for the removal of hazardous materials that are encountered by work executed.

17. BID PRICES:

17.1. 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 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.

17.2. 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”.

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

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.

Date___________

19. INVOICING:

19.1. Invoices shall be submitted on a monthly basis to the State Project Manager based on the percentage of work completed.

The Vendor shall submit invoices on AIA forms subject to review and approval by the State Project Manager. The percentage of work completed shall be determined by the State Project Manager.

19.2. See Attachment 3 – Administrative Requirements for additional information.

20. TERMS OF PAYMENT:

20.1. Payments shall be made on a monthly basis based on the percentage of work completed. 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.

20.2. 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.

20.3. See Attachment 3 – Administrative Requirements for additional information.

21. CONTRACT BOND:

21.1. The successful Vendor at the time of the execution of the contracts must submit a Payment and Performance Bond in the sum equal to one hundred percent (100%) of the amount of the contract as required by RSA 447:16. The Payment and Performance Bond must be written by a company licensed to do business in New Hampshire at the time the policy is issued. In addition, the company issuing the payment and performance bond shall be listed on the current list of “Surety Companies Acceptable on Federal Bonds” as published by the U.S. Department of the Treasury, Financial Management Services, Circular Number 570. See Surety Bonds - Circular 570 (treasury.gov).

21.2. Release of Claims and Final Payment:

21.2.1. The final payment shall not become due until the Contractor delivers a complete release of all claims arising under and by virtue of this Contract, including claims for all subcontractors and suppliers of either materials or labor, plus a release of the Contract Bond and a statement that all subcontractors and suppliers have been paid.

21.2.2. Application for Final Payment received from the Contractor will be processed for payment after project acceptance and final completion unless accompanied by a release of the Contract Bond. This payment shall be the amount of the Contract, less previous payments. All prior partial payments shall be subject to correction in the final estimate and payment.

21.3. The acceptance of Final Payment by the Contractor shall be and shall operate as a release to the Contractor of all claims and of all liability to the State for all things done or furnished in connection with this work. No payment, however, final or otherwise, shall operate to release the Contractor and its Sureties from any obligations under this Contract of the Contract Bond. Acceptance of Final Payment shall not impact any warrantees provided by the Contractor with respect to this project.

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.

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.

https://www.nh.gov/treasury/state-vendors/index.htm https://www.fiscal.treasury.gov/surety-bonds/circular-570.html

Date___________

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.

25.2. To schedule a site visit, Vendors may contact Michael Murphy at (603) 271-1644 or Michael.j.murphy@das.nh.gov.

25.3. See Attachment 3 – Administrative Requirements for additional information.

26. SCOPE OF SERVICES:

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

26.2. Vendor is responsible for reviewing and understanding the following bid attachments:

26.2.1. Attachment 1 – Project Execution Requirements

26.2.2. Attachment 2 – Product and Technical Specifications

26.2.3. Attachment 3 – Administrative Requirements

26.2.4. Attachment 4 – Project Drawings

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 7:00 A.M. and 3:30 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.

27.2. The following are a list of Observed Holidays recognized by the State:

27.2.1. New Year’s Day

27.2.2. Martin Luther King Day

27.2.3. President’s Day

27.2.4. Memorial Day

27.2.5. Independence Day

27.2.6. Labor Day

https://www.das.nh.gov/purchasing/vendorresources.aspx mailto:Michael.j.murphy@das.nh.gov Fuller, Christopher Is Renee or Mike the site visit POC?

Date___________

27.2.7. Veteran’s Day

27.2.8. Thanksgiving Day

27.2.9. Day After Thanksgiving

27.2.10. Christmas Day

27.3. The Vendor shall conduct their work so as to not interfere with State business. They shall at their own expense, where necessary or required, furnish safety devices, and take such other precautions as may be necessary to protect life and property. All fire suppression equipment associated with this project must be in safe operating condition and fully operable at the end of every shift.

27.4. 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).

27.5. 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.

27.6. 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.

27.7. The Vendor shall initiate, maintain, and supervise all safety precautions and programs in connection with the work. The Vendor shall provide the necessary equipment and comply with all City, State, and Federal safety regulations.

27.8. The Vendor shall be aware of all laws and regulations relating to hazardous materials that may be encountered during construction operations, either within project limits or at material sites off the project. The health and safety of employees, the general public, and the potential of damage to the overall environment is possible if hazardous materials are not recognized, reported, and the appropriate action taken to dispose of, remove from the site, or otherwise contain the possible contaminants.

27.9. The Vendor shall give all notices and comply with all applicable laws, ordinance, rules, regulations, and lawful orders of a public authority bearing on the safety of personnel or property or their protection from damage, injury, or loss.

27.10. The Vendor shall supervise and direct the work, using their best skills and attention, The Vendor shall be solely responsible for all means, methods, techniques, sequences, and procedures and for coordinating all portions of the work. All aspects of the project shall be subject to the inspection and approval of the State. The Vendor guarantees to repair, replace, re-execute, or otherwise correct any defect in workmanship, material, or the like that fails to conform to the requirements of the State, or that appear during the progress of the work or within one year of final acceptance by the State. The Vendor shall supply the State with all warranty information whether it be expressed or implied.

27.11. The Vendor shall perform all the work and furnish all the materials, tools, equipment, and safety devices necessary to perform in the manner and within the time hereinafter specified. The Vendor shall complete the entire work to the satisfaction of the State and in accordance with the specifications herein mentioned, at the price herein agreed upon and fixed therefore. All the work, and labor furnished under this contract, shall be done, and furnished strictly pursuant to, and in conformity with the specifications described herein, and the direction of the State representatives as given from time to time during the progress of the work, under the terms of this contracts.

27.12. The Vendor shall adequately secure and protect their own tools, equipment, materials and supplies. The State assumes no liability for any damage, theft, or negligent injury to the Vendor’s property or to the property of their employees, agents or approved sub-contractors.

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

27.14. 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.

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

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

Date___________

27.17. 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. WARRANTY REQUIREMENTS:

28.1. The successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not less than one (1) year or the manufacturer’s standard warranty period, whichever is greater, commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses.

29. OBLIGATIONS AND LIABILITY OF THE VENDOR:

29.1. 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.

29.2. 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.

29.3. 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.

30. NON-EXCLUSIVE CONTRACT:

30.1. 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.

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.

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

Date___________

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.

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

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. ATTACHMENTS:

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

35.1.1. Attachment 1 – Project Execution Requirements

35.1.2. Attachment 2 – Product and Technical Specifications

35.1.3. Attachment 3 – Administrative Requirements

35.1.4. Attachment 4 – Project Drawings

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

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RFB 2948-25: DRY SYSTEM FIRE PROTECTION DESIGN AND BUILD SERVICES

VENDOR BASE BID

PROJECT ALLOWANCE $10,000.00

TOTAL PROJECT BID AMOUNT

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Date___________

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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…