Bidder Initials_______

Date___________

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR HEAVY EQUIPMENT RENTAL AND OPERATOR SERVICES

3145-27

DUE DATE 9/24/2026 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. GOVERNING TERMS AND CONDITIONS:

10. INSTALLATION REQUIREMENTS:

11. CONTRACT TERM:

12. CONTRACT AWARD:

13. NOTIFICATION AND AWARD OF CONTRACT(S):

14. LIABILITY:

15. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

16. TERMINATION:

17. VENDOR CERTIFICATIONS:

18. BID PRICES:

19. PRICE ADJUSTMENTS:

20. AUDITS AND ACCOUNTING:

21. Account Representative:

22. ESTIMATED USAGE:

23. USAGE REPORTING:

24. ESTABLISHMENT OF ACCOUNTS:

25. ELIGIBLE PARTICIPANTS:

26. PAYMENT:

27. VENDOR RESPONSIBILITY:

28. IF AWARDED A CONTRACT:

29. SPECIFICATION COMPLIANCE:

30. SPECIFICATIONS:

31. SCOPE OF work:

32. RENTAL EQUIPMENT DELIVERY ONLY:

33. EQUIPMENT RENTAL WITH OPERATOR INCLUDED:

34. OBLIGATIONS AND LIABILITY OF THE VENDOR:

35. NON-EXCLUSIVE CONTRACT:

36. DISASTER RECOVERY:

37. ENVIRONMENTALLY FRIENDLY PRODUCTS:

38. OFFER:

39. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

40. VENDOR CONTACT INFORMATION:

41. DELIVERY LOCATIONS:

42. ATTACHMENTS:

43. 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 Heavy Equipment Rental and/or a contract for

Heavy Equipment Rental to include Operator 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 James Noel at James.E.Noel@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: 8/27/2026 Last day for questions, clarifications, and/or requested changes to bid: 9/17/2026 States response to questions, clarifications, and/or requested changes to bid: 9/21/2026 Bid Closing (Eastern Time): 9/24/2026 10:00 AM mailto:NH.Purchasing@DAS.NH.Gov mailto:James.E.Noel@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 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. GOVERNING TERMS AND CONDITIONS:

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

9.2. 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.

9.3. 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.

10. INSTALLATION REQUIREMENTS:

10.1. Successful Vendor shall be required to supply, deliver, un-crate, set into place, make all the final connections, start-up and test all of the equipment (turnkey) awarded in accordance with Bid Specifications.

11. CONTRACT TERM:

11.1. It is the State’s intention to enter into multiple contracts to ensure statewide availability for multiple projects.

commence upon approval of the Governor and Executive Council, through February 29, 2032. A total of approximately five (5) years.

11.2. 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. The total contract term may not exceed seven (7) years.

11.3. The State of New Hampshire reserves the right to add or delete locations/equipment throughout the term of the contract. For the addition of a new location 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 contractor. Quotes shall be in accordance with pricing and service requirements contained herein and no

Date___________ service shall be performed until documented acceptance by the State is received. The Contract may be amended, by agreement of the parties, effective upon approval of the commissioner of the Department of Administrative Services or designee, without further approval needed by the Governor and Executive Council as long as the price limitation is unchanged or decreased as a result of the new or deleted locations/equipment.

12. CONTRACT AWARD:

12.1. Equipment Rental Only:

12.1.1. It is the State’s intention to enter into multiple contracts to ensure statewide availability for multiple projects. The award shell be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest cost by equipment, location, and availability. Agencies will engage with the lowest cost Vendor who is able to provide the requested piece of equipment. If a Vendor is unable to provide that equipment for the time period requested, the agency will engage with the next lowest cost vendor who is able to provide the equipment for the requested time period. Agencies will select the Vendor who is able to meet both the equipment and availability needs for each project.

12.2. Equipment Rental with Operator Included:

12.2.1. It is the State’s intention to enter into multiple contracts to ensure statewide availability for multiple projects. The award will be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest cost by equipment, location, and availability. The hourly rate shall include the labor cost of the operator and the operating costs of the equipment. Requesting agencies will engage with the lowest cost Vendor who is able to provide the equipment and operator. If this Vendor is unable to provide services for the time period requested, the agency will engage with the next lowest cost Vendor who is able to provide services for the requested time period. Agencies will select the Vendor who is able to meet both the service requirements and availability needs for each project

12.2.2. It is not required to bid on all equipment or all counties to be considered for award. You may bid on both contract opportunities if you are able to meet the criteria established in this RFB for each section.

It is the State’s intent to enter into multiple contracts to ensure statewide availability for multiple projects.

12.2.3. The State of New Hampshire reserves the right to add or delete locations/equipment throughout the term of the contract. For the addition of a new location 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 contractor. Quotes shall be in accordance with pricing and service requirements contained herein and no service shall be performed until documented acceptance by the State is received. The Contract may be amended, by agreement of the parties, effective upon approval of the commissioner of the Department of Administrative Services or designee, without further approval needed by the Governor and Executive Council as long as the price limitation is unchanged or decreased as a result of the new or deleted locations/equipment.

12.2.4. 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.

12.2.5. The State reserves the right to reject any or all bids or any part thereof.

13. NOTIFICATION AND AWARD OF CONTRACT(S):

13.1. 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).

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

13.3. 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.

Date___________

14. LIABILITY:

14.1. 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.

15. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

15.1. 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.

15.2. 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:

15.3. 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 stamped or otherwise marked with the notation “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.

15.4. 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.

15.5. 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.

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

15.6.1. 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;

15.6.2. 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

15.6.3. 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.

Date___________

16. TERMINATION:

16.1. 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.

17. VENDOR CERTIFICATIONS:

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

17.2. 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).

17.3. 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/.

17.4. 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.

17.5. 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.

18. BID PRICES:

18.1. Bid prices 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.

18.2. 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”.

18.3. Price decreases shall become effective immediately as they become effective to the general trade.

18.4. Updated Published Price List MUST be e-mailed to James.E.Noel@das.nh.gov.

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

Date___________

19. PRICE ADJUSTMENTS:

19.1. Equipment Rental Only:

19.1.1. Bid prices for rental equipment shall remain firm and fixed for the term of the contract. Yearly, on the anniversary of the contract, the successful Vendor(s) may request that the delivery rates of the contract be increased. The increase amount shall not exceed 5% of the previous year’s delivery rates. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may not be added at any time. Any and all charges shall be built into the bid price at the time of the bid.

19.2. Equipment Rental with Operator Included:

19.2.1. Yearly, on the anniversary of the contract, the successful Vendor(s) may request that the hourly rates of the contract be increased. The increase amount shall not exceed 5% of the previous year’s hourly rates.

Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may not be added at any time. Any and all charges shall be built into the bid prices at the time of the bid.

19.3. Written notice of an impending price increase, including substantiation for it, must be submitted in writing to James Noel at the Bureau of Purchase & Property, 25 Capitol Street, Concord, NH 03301, or via email at James.E.Noel@DAS.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 or terminated as deemed appropriate by the State. Failure to agree on renewal terms will not prohibit Vendor from bidding during the next open bid

19.4. The Bureau of Purchase and Property will monitor other information sources to confirm that contract prices are indeed following market trends in a fair and equitable manner. The State shall have the right to reject any pricing that fails to follow the above principles, and to rebid any part, or the entire contract, if deemed to be in its best interest.

20. AUDITS AND ACCOUNTING:

20.1. 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.

20.2. 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.

21. ACCOUNT REPRESENTATIVE:

21.1. 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:

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

21.1.2. Provide recommended process and productivity improvements related to potential cost savings to the

State for consideration quarterly.

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

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

mailto:James.E.Noel@DAS.NH.Gov

Date___________

22. ESTIMATED USAGE:

22.1. The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New

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

23. USAGE REPORTING:

23.1. The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after each end of each calendar quarter to James Noel at The Bureau of Procurement & Support Services and sent electronic to James.E.Noel@Das.nh.gov. At a minimum, the Report shall include:

23.1.1. Contract Number

23.1.2. Utilizing Agency and Eligible Participant

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

23.1.4. Third-party sustainability certifications, environmental attributes, and documentation with respect to recycled content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to:

23.1.4.1. Percentage of recycled materials contained within finished products

23.1.4.2. Percentage of waste recycled throughout the manufacturing process

23.1.4.3. Types and volume of packaging used for transport

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

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

23.1.4.6. Green Certifications for each product sold

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

23.1.6. In Excel format

24. ESTABLISHMENT OF ACCOUNTS:

24.1. Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency.

25. ELIGIBLE PARTICIPANTS:

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

26. PAYMENT:

26.1. 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.

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

Invoice shall reference the State of NH contract number and/or purchase order number as applicable.

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

Date___________

26.3. Payments for equipment rental with operator shall commence once equipment is onsite and services begin.

Payments shall end following completed work and departure from location. Billing for travel is strictly prohibited.

27. VENDOR RESPONSIBILITY:

27.1. The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response.

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

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

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

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

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

27.2.5. It is the responsibility of the Vendor to maintain this and any awarded contract and New Hampshire

Vendor Registration with up-to-date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the State’s Contracting Office listed in Box

1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx.

28. IF AWARDED A CONTRACT:

28.1. The successful Vendor shall complete the following sections if awarded a contract of the Agreement State of

New Hampshire Form #P-37 see Appendix A (sample):

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)

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

Number P-37.

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

RSA Chapter 81-A.

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

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

Date___________

29. SPECIFICATION COMPLIANCE:

29.1. Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications.

29.2. Good Working Order

29.2.1. The Equipment is in good operating condition and repair, and all necessary replacements and repairs have been made so that the value and operating efficiency of the Equipment is preserved at all times, reasonable wear and tear excepted.

29.2.2. The Vendor shall ensure that the Equipment is mechanically and structurally sound, and capable of performing the functions for which it was designed, in accordance with manufacturer specifications

29.2.3. Rental Agreement

29.2.4. Parties & Equipment Details

29.2.4.1. The agreement should clearly identify the owner (lessor) and the renter (lessee), along with a detailed description of the equipment being rented, including make, model, serial numbers, and current condition.

29.2.5. Rental Term

29.2.5.1. Specify the rental period, start and end dates, and the payment schedule. Include the rental rate, due dates, and any late fees for overdue payments.

29.2.6. Maintenance & repairs.

29.2.6.1. The agreement should define responsibilities for maintenance and repair.

29.2.6.1.1. The owner maintains the equipment is in good working order.

29.2.6.1.2. The state is responsible for proper use.

29.2.7. Liability & Insurance.

29.2.7.1. Include clauses specifying who is responsible for damage, accidents, or injuries during the rental period.

29.2.8. User Restrictions & Alterations

29.2.8.1. Agree to use the equipment according to laws and manufacturer guidelines and not make unauthorized alterations.

29.2.9. Inspection & Acceptance

29.2.9.1. Inspection of the equipment upon delivery and report any discrepancies before accepting.

29.2.10. Optional to Renew

29.2.10.1. Allows the State to extend the rental under agreed terms.

30. SPECIFICATIONS:

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

30.2. The signature of state personnel on shipping documents shall signify the receipt but not the acceptance of the shipment signed for.

31. SCOPE OF WORK:

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

31.2. Vendor shall provide material safety data sheets with the delivery of any and all products covered by RSA 277-

A, the “Worker’s Right to Know Act.”

31.3. Unless otherwise stated in the Scope of Services, all services performed under this Contract(s) shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer.

Date___________

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.

31.4. 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).

31.5. 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.

31.6. 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.

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

31.8. 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.

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

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

31.1. 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.

32. RENTAL EQUIPMENT DELIVERY ONLY:

32.1. Equipment Delivery:

32.1.1. Individual agencies will contact the successful Vendor(s) to schedule a delivery date, time, and location.

An agency representative may request to be present at the time of delivery. If for any reason, the Vendor(s) is unable to adhere to the delivery timeline, they will notify the requesting agency no less than one (1) business days prior to the time of delivery to reschedule.

32.1.2. Equipment will be delivered fully fueled, in good working order and free of dirt, debris and other foreign matter. Certain locations may require equipment to be fully cleaned to avoid the spread of invasive species of vegetation.

32.1.3. Successful Vendor(s) will take equipment off delivery trailer and provide agency representative with any necessary information or instructions prior to leaving the drop off location.

32.1.4. Upon delivery, the Agency representative and delivery person will complete an assessment of existing damage to the equipment and document any findings so the State will not be held responsible for these damages.

32.1.5. Delivery equipment (truck and trailer) must be removed from delivery site after equipment drop off.

32.2. Equipment Pick-up:

32.2.1. Agencies will contact the successful Vendor(s) when the project is complete, and the equipment is ready to be picked up. The successful Vendor(s) will pick up equipment no later than two (2) business days after receiving notification that the project is complete.

32.2.2. The returning agency will ensure the equipment is re-fueled to the same level as upon receipt. Agency will return equipment free of large debris and in good working order.

32.2.3. Successful Vendor will reload equipment onto the trailer and may request the presence of the requesting agency upon pick-up.

Date___________

32.3. Equipment Maintenance/Equipment Failure:

32.3.1. The requesting agency will be responsible for the routine maintenance and refueling as necessary for the duration they are renting the equipment. Routine maintenance may include but is not limited to:

32.3.1.1. Checking all fluid levels and refilling if necessary

32.3.1.2. Greasing all fittings

32.3.2. If the equipment breaks down during the rental agreement period, the successful Vendor(s) will be responsible for providing a repair technician and services at no extra cost to the State.

32.3.3. If equipment becomes inoperable by no fault of the State, the State will expect an adjusted invoice to account for the time the equipment was non-functioning. This shall be equivalent to the daily rental rate of the equipment, each day, until the equipment is working properly. If the equipment is inoperable for less than a full day a credit amount shall be determined by using the following formula:

32.3.3.1. Daily equipment rental rate/8 hours * number of hours equipment inoperable = amount credited for non-functioning equipment

32.3.3.2. For example: $100.00 per day/8 hours * 6 hours inoperable = $75.00 credit on rental invoice

32.3.4. If equipment damages occur due to blatant misuse of equipment by the State, the vendor will not be held responsible.

32.3.5. Vendors are encouraged to provide additional equipment and rates not represented on the Offer Sheet that may be useful to the State for maintaining or repairing woods roads, trails, stream crossings, and other property infrastructure or wildlife habitat work. These will not be considered for the purpose of award but will be represented on any resultant contract(s).

33. EQUIPMENT RENTAL WITH OPERATOR INCLUDED:

33.1. Equipment Delivery:

33.1.1. Individual agencies will contact the successful Vendor(s) to schedule a delivery date, time, and location.

An agency representative will be present at the time of delivery. If for any reason, the Vendor(s) is unable to adhere to the delivery timeline, they will notify the requesting agency no less than three (3) business day prior to the time of delivery to reschedule.

33.1.1.1. If an equipment operator is unable to work at the time and location scheduled, the successful

Vendor will contact the requesting agency as soon as possible to reschedule the operator or will provide an alternate operator as soon as practicable and agreeable to the requesting agency.

33.1.2. Equipment will be delivered fully fueled, in good working order and free of dirt, debris and other foreign matter. Certain locations may require equipment to be fully cleaned to avoid the spread of invasive species of vegetation.

33.1.3. Equipment operator will be responsible for the safe loading and unloading of the equipment and ensure the equipment is utilized according to equipment operating manuals.

33.1.3.1. Parking of delivery equipment (truck and trailer)

33.1.3.2. Parking is typically allowed at the work sites, and the successful Vendor will confirm the exact location prior to arrival at the work site. The requesting agency may indicate parking with signage, traffic cones, survey tape, etc.

33.1.3.3. If parking is not allowed on the work site, the requesting agency will notify the successful Vendor and provide alternative parking solutions.

Date___________

33.2. Equipment Pick-up:

33.2.1. Equipment operator shall remove the equipment from the work site no more than 24 hours after the completion of the project. All other arrangements shall be made in advance with the requesting agency’s project manager.

33.2.2. The successful Vendor(s)’s operator will be responsible for ensuring the equipment is refueled and returned in good working order as specified by the successful Vendor’s policies.

33.2.3. The successful Vendor shall be responsible for ensuring the entire work site is finished to the requesting agency’s satisfaction and all tools, tie downs, etc. have been removed from the area.

33.3. Equipment Maintenance/Equipment Failure:

33.3.1. If an equipment operator is provided, the operator will be responsible for the routine maintenance as well as re-fueling the equipment as necessary. This will be at no additional charge to the State.

33.3.2. The operator will be responsible for any repairs as a result of equipment breakdown while at the job site. Repairs shall be done at no additional cost to the State. If equipment is inoperable for more than one business day, the State will expect an adjusted invoice to account for the time the equipment non-functioning. This rate shall be equivalent to the hourly rental rate provided in the offer section for the number of hours the equipment is inoperable.

33.3.3. If a Vendor’s operator is responsible for damages to equipment or attachments, the Vendor shall assume responsibility.

33.4. Site Visits and/or Statement of Work:

33.4.1. Agencies will issue a statement of work (SOW) to the selected vendor in the county where work is being requested. Individual projects shall be awarded to the Contractor who is able to provide the services requested for the lowest cost within the timeframe of the project requirements. SOW specific requirements may include but are not limited to:

33.4.1.1. Operator and Equipment availability to meet project timeline

33.4.1.1.1. Potential for weekend scheduling requirements o

33.4.1.2. Ability to meet equipment hygiene requirements

33.4.1.3. Ability to work within the requirements of the worksite

33.4.1.3.1. Public may be present during work hours

33.4.1.3.2. Worksite may be remote

33.4.1.3.3. Work may be weather dependent (delays in project due to unforeseen, inclement weather shall not result in additional charges to the State)

33.4.2. Agencies will determine whether or not a representative is needed at the time of delivery and/or pick-up or at certain times during the project. The agencies will determine other agency involvement prior to the engagement of services including but not limited to:

33.4.2.1. Supplemental equipment or tools to be provided by the agency

33.4.2.2. Materials to be supplied by the agency

33.4.2.3. Coordinating with other agencies regarding shared trails, lots, etc.

33.4.2.3.1. Determination of closures or detours

33.4.2.4. Engagement with the public during operation

33.5. Aggregate Supply:

33.5.1. Requests for aggregate shall be approved in advance by the State representative. Materials beyond those identified in a resultant contract shall be invoiced not to exceed 10% above Vendor’s cost. Invoices for materials billed using this markup are required to accompany any invoice submission to the State.

Date___________

34. OBLIGATIONS AND LIABILITY OF THE VENDOR:

34.1. 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.

34.2. 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.

34.3. 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.

35. NON-EXCLUSIVE CONTRACT:

35.1. 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.

36. DISASTER RECOVERY:

36.1. 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)

36.2. 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.

37. ENVIRONMENTALLY FRIENDLY PRODUCTS:

37.1. 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:

37.1.1. Energy or water efficient

37.1.2. Reusable

37.1.3. Recyclable

37.1.4. Contains postconsumer recycled materials

37.1.5. Produces fewer polluting byproducts or safety hazards during manufacture, use, or…