BID No. 20250131 Can Liners.pdf

MERRIMACK COUNTY

Nursing Home 325 Daniel Webster Highway

Boscawen, New Hampshire 03303

(603) 796.2165 E-Mail: hmoquin@mcnhome.net www.merrimackcounty.net

COMMISSIONERS COUNTY ADMINISTRATOR

STUART D. TRACHY, Chairman ROSS L. CUNNINGHAM DAVID M. LOVLIEN Jr., Vice Chair NURSING HOME ADMINISTRATOR

STEPHEN SHURTLEFF, Clerk HEATHER MOQUIN

REQUEST FOR PROPOSALS

Project: Trash Can Liners

Location of Project: 325 Daniel Webster Highway, Boscawen, NH 03303

RFP Issue Date: 1/31/2025

Response Due Date: 2/13/2025

RFP#: 20250131

Submission Instructions: Responses shall be submitted to the Merrimack County Purchasing Department in accordance with the following requirements or they may be rejected as non-responsive;

Received by the Department on or before 2/13/2025 at 12:00PM EST

Clearly marked: “RFP: 20250131”

Electronic responses (preferred) may be submitted via the County of Merrimack solicitation webpage on BidNet Direct: https://www.bidnetdirect.com/new-hampshire/merrimackcounty or emailed to jgardner@merrimackcounty.net.

Alternatively, hard copy responses in sealed envelopes may be submitted via USPS, a delivery service, or delivered in person to:

Merrimack County Attn: Purchasing Department 325 Daniel Webster Highway Boscawen, NH 03303

The County of Merrimack reserves the right to accept or reject any or all submissions and to accept, in part or in whole, any submission that it deems, at the County Administrator’s discretion, to be in the best interest of the County. Additionally, the County of Merrimack reserves the right to cancel this Request for Proposals at any time and for any reason.

http://www.merrimackcounty.net/ https://www.bidnetdirect.com/new-hampshire/merrimackcounty

BidNet Direct: In an effort to expand our bid network and provide transparent bid and proposal processes, Merrimack County has signed on to BidNet Direct to solicit requests for bids and proposals from vendors. The BidNet Direct system will provide convenient online access to the County’s bid and proposal information.

It is easy to participate. Simply visit the County’s landing page on the New Hampshire Purchasing Group website at https://www.bidnetdirect.com/new-hampshire/merrimackcounty and click on the link to complete your registration. If you are already registered as a vendor on this system, you do not need to register again.

There is no charge to register and you will be notified by e-mail anytime Merrimack County issues a solicitation that matches your company’s business. Registered vendors can access open bids and proposals, related documents and files, additional addenda, and award information from Merrimack County. Additionally, questions regarding specific bid and proposal requests, made before the Project Schedule Questions Deadline, can be made via the BidNet Direct platform by using the “Ask a question” button. Answers to all questions, regardless of how they are received, will be posted on the platform before the Project Schedule Answers Deadline.

Vendors needing assistance with BidNet Direct’s free service, including but not limited to, registering, downloading documents, making submissions, asking questions, getting training, or having any specific questions or issues with the platform, should contact BidNet’s Vendor Support Department by calling 800-835-4603 and selecting Option 2.

Vendors that do not wish to utilize the BidNet Direct platform for access to Merrimack County’s bid and proposal information should use the Contact Information below to directly request desired information.

Merrimack County accepts no liability for, and may not provide any accommodations to, respondents who fail to check for amendments and/or modifications to requests for bids or proposals and subsequently submit inadequate or incorrect responses. It is the sole responsibility of the potential respondent to ascertain the existence of any addenda and/or modification issued by the County.

Contact Information: Bid and proposal information may be acquired by directly contacting the Merrimack County Purchasing Department;

Merrimack County Attn: Jonathan Gardner, Purchasing Manager 325 Daniel Webster Highway Boscawen, NH 03303 Email: jgardner@merrimackcounty.net Phone: (603) 796-3271 mailto:jgardner@merrimackcounty.net

325 Daniel Webster Highway

Boscawen, New Hampshire 03303

REQUEST FOR PROPOSALS

1. Project Schedule

Agenda Deadlines

Request for Proposal (RFP) Issued 1/31/2025

Optional Tours of the facility N/A

Questions Due to the County 2/6/2025

Answers Due from the County, Addenda 2/7/2025

Proposal to the County. 2/13/2025

2. Summary and Background Merrimack County is seeking qualified proposals for Trash Can Liners for 325 Daniel Webster Highway, Boscawen, NH 03303 according to the terms, conditions, and specifications of this solicitation. This project is outlined in further detail in section four (4) of this document. The purpose of this Request for Proposal (RFP) is to acquire offers from various vendors, conduct a fair evaluation based on criteria listed herein, and select the candidate who best provides the County with the desired product and service. Merrimack County is a government facility that operates under the discretion of elected officials that manage county finances.

Acceptance of any proposal(s) will be subject to approval by the Merrimack County Board of Commissioners.

3. Proposal Guidelines Proposals will be accepted until 2/13/2025 at 12:00PM EST and must be clearly marked “RFP: 20250131”.

Proposals received after this date and time, or not clearly marked, may be rejected as non-responsive.

Proposals must be signed by an official agent or representative of the company submitting the proposal with authority to bind the company. Firms submitting a proposal utilizing subcontracted work to meet the requirements contained herein, for any portion of the work or product, must state so clearly in their proposal.

All costs in the proposal must be “all-inclusive” and include any outsourced or subcontracted work. All costs must also be itemized to include an explanation of all fees and costs. For rating purposes, in addition to cost proposals, submissions should include details of any added services and/or warranty information.

The successful respondent will be expected to execute a contract with the County, or accept a Purchase Order from the County, which incorporates, at a minimum, the Terms and Conditions contained within this Request for Proposal. Where appropriate, copies of the RFP and accepted Proposal will be attached as exhibits to the Agreement. Any exceptions to County Terms and Conditions must be clearly identified in vendor’s submission.

4. Project Scope and Specifications The Merrimack County Nursing Home is seeking proposals for trash can liners, as described below, for a three

(3) year contract. The successful proposer will need to appropriately stock these liners so as to be able to fullfill County orders on an as needed basis (approximately every 2 weeks). Proposed costs must include shipping charges and orders are to be FOB Destination.

County Item # Product # Description Case Size Estimated Annual Usage

TRASH-7 H8053TKR01 Accurate Fit, 55gal, 40x53, LLDPE, 0.90mil, black 5 rolls of 20, 100 per case 700 cases

TRASH-1 Z6037MNR01 Std. High Density, 20-30gal, 30x37, HDPE, 10mic 20 rolls of 25, 500 per case 500 cases

TRASH-3 H7658TC Super Tuff, 60gal, 38x58, LLDPE, 0.90mil, clear 100 per case 225 cases

TRASH-8 H8647AC XXHeavy, 56gal, 43x47, LLDPE, 1.5mil, clear 100 per case 10 cases

It is the intent of the County to enter into an agreement with the firm that presents the best overall proposal based on the Evaluation Criteria. Any award generated through this RFP will be for an initial one (1) year period but may be extended, upon mutual agreement, for up to two (2) consecutive one (1) year periods with continued satisfactory performance by the Supplier. The Supplier's performance shalll be solely determined by the Purchasing Manager. Compensation payable to the Supplier for extension years may be adjusted to reflect changes in the Consumer Price Index (“CPI”) published by the U.S. Bureau of Labor Statistics. Adjustments will be made based off CPI for All Urban Consumers, Not Seasonally Adjusted, for S11A - Boston-Cambridge- Newton, MA-NH Area for SA0 All Items. The percentage of adjustment to be made in the compensation, if any, will occur at the beginning of any contract extension year and shall be the same percentage by which the CPI changed between January of the preceding calendar year and January of the calendar year in which the adjustment is to take effect. For example, if between January of 2025 and January of 2026 the CPI increased by five (5) percent, than the compensation to be paid to the Supplier may be increased by five (5) percent over the amount paid in the previous contract year. Any increase in pricing during extension years shall not exceed the determined CPI percentage.

**The use of any brand names or model numbers is not intended to limit or restrict competition but for description purposes only.

5. Invoicing All proposals must include proposed costs for the items outlined in Section 4 above. All project cost figures should be stated as, One-time Non-recurring Cost (NRC). Pricing, including applicable fees and/or freight charges, should be presented in your cost proposal. Any shipments are to be made FOB Destination. All invoices made to the attention of the County of Merrimack shall be placed on a minimum of Net 30 terms for the balance of the invoice. Note: All costs and fees must be clearly outlined described in each proposal.

6. Qualifications Respondents should provide the following items as part of their proposal for consideration:

Description of applicable experience and any specific experience with Merrimack County.

Examples of successful supply programs serviced by your organization.

References, with contact information, where appropriate.

Full product descriptions (cut sheets) and satisfaction and/or warranty plans.

Additional services and/or product information that is applicable to the project outlined herein.

7. Proposal Evaluation Criteria The County of Merrimack will evaluate all proposals based on the following criteria. To ensure complete consideration, proposals should be comprehensive and include information in all of the following areas:

Proposal Pricing – Pricing, based on competitiveness and with consideration to project goals. (50%)

Prior Experience – Qualifications - Section 6 above. (20%)

Quality of Product – Perceived durability, effectiveness, lead time, product warranties. (15%)

Quality of Service – Product availability, vendor resources and responsiveness, warehousing and delivery services pertinent to the project. (15%)

8. Award A “Proposed Awardee” will be generated after evaluation is complete. The highest scoring submission will be presented to the Merrimack County Board of Commissioners for approval. Award will be issued after the Board of Commissioners has reviewed and approved the proposed purchase. The final award will be issued in the form of an executed award contract.

The County of Merrimack reserves the right to accept or reject any or all submissions and to accept, in part or in whole, any submission that it deems, at the County Administrator’s discretion, to be in the best interest of the County. Additionally, the County of Merrimack reserves the right to cancel this Request for Proposals at any time and for any reason.

325 Daniel Webster Highway Boscawen, New Hampshire 03303

GENERAL TERMS & CONDITIONS

READ CAREFULLY - Proposals must be submitted in accordance with instructions given in this document. All information requested must be submitted. Failure to do so may result in the proposal being considered non-responsive and, therefore, rejected. This RFP satisfies the requirement set forth in RSA 28:8 for an open and competitive process for the purchase of equipment or materials made by a county government agency in an amount exceeding $5,000. All proposals must be signed by an official agent or representative of the company submitting the proposal with authority to bind the company, and should contain a Certificate of Authority. If the organization submitting a proposal will be relying upon a subcontractor, or will be entering into contract(s) for any portion of the work or product to meet the requirements contained herein, this must be clearly stated in the proposal. Additionally, all costs in the proposal must be “all-inclusive” to include any outsourced or contracted work. Any proposals which call for outsourcing must include a name and description of the company or organization with whom the respondent will contract. The respondent must provide a copy of the contract between the parties as part of the proposal. All costs must be itemized and include an explanation of all fees and costs. The successful respondent will be required to execute a contract with the County which will incorporate, at a minimum, the terms and conditions contained in this Request for Proposal. A copy of the RFP and the successful proposal will be attached as exhibits to the Contract.

Submission and Receipt of Proposals

(a) To be considered, all proposals must be delivered in accordance with the information provided in this Request and received by the Merrimack County Purchasing Department no later than the specified date and time. Failure to timely submit proposals may disqualify the Offer. NO FAXED

PROPOSALS WILL BE ACCEPTED.

(b) Proposals having any erasures or corrections must be initialed in ink by the Offeror. An authorized officer of the company must sign proposals in ink. Such authorization shall be a part of the proposal document. All quotations must either be typewritten or printed in ink.

(c) The original proposal response should not be permanently bound so as to allow for document scanning for internal recordkeeping. A complimentary electronic copy on flash drive / mass storage device is appreciated.

Important Notice

RFP Information will be posted on the County’s BidNet Direct landing page https://www.bidnetdirect.com/new-hampshire/merrimackcounty and can be accessed through the County website, www.merrimackcounty.net. Documents may also be picked up at the Purchasing Department, 325 Daniel Webster Highway, Boscawen NH 03303 or by contacting:

Jonathan Gardner, Purchasing Manager 325 Daniel Webster Highway Boscawen, NH 03303 Telephone: 603-796-3271 Email: jgardner@merrimackcounty.net

Acceptance or Rejection of Proposals The County of Merrimack reserves the right to accept or reject any or all offers, to award any contract for materials, goods or services, in whole or in part, on a split order basis, lump sum or individual basis, or such combinations as shall best serve the County’s interest as determined solely by the County Administrator or his Designee.

Proposal Guaranty Offerors must guarantee the terms of proposal submissions for a period of ninety (90) days following the proposal due date. If such proposal is accepted by the County the Offeror will perform under the terms of this RFP, the proposal, and any subsequent negotiation and resulting contract.

Proposals may be modified or withdrawn for any reason, prior to the opening date and time written upon the RFP, with written approval of the Purchasing Manager. Proposals may not be withdrawn after the due date deadline has come to pass.

Merrimack County encourages free and open competition. Whenever possible, specifications, proposal invitations, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy Merrimack County’s needs and the accomplishment of a sound economical operation. The offeror’s signature on this proposal guarantees that the price offered has been established without collusion with other eligible offerors and without effort to preclude Merrimack County from obtaining the lowest possible competitive price. The award(s) will be made to the responsible offeror(s) whose proposal is determined to be most advantageous to Merrimack County based on the evaluation factors set forth in this Request for Proposal.

Costs of developing and delivering responses to the Request for Proposals are entirely the responsibility of the offeror.

All materials submitted in response to the RFP become the property of Merrimack County upon delivery to the Merrimack County Purchasing Office and are subject to public inspection in accordance with RSA 91A.

Potential Evaluation Criteria:

Merrimack County may utilize several factors, in addition to costs, when evaluating proposals.

Evaluation Criteria and its categorical weight will be identified in the proposal. The County may further utilize the following information in the determination of a responsible offeror;

(a) Company background, staffing and experience, character, integrity, reputation, judgment, experience and efficiency of the Offeror.

(b) Reference applicability, being from firms who have purchased similar products and/or services.

(c) The quality of performance of previous contracts, products and/or services.

(d) Reporting capabilities.

(e) Company’s financial status and the ability to perform to the Agreement.

(f) Submission completeness and compliance with the specifications.

(g) Capacity to service and support the future maintenance and/or service.

(h) Compliance by the Offeror with laws and applicable ordinances and/or policies.

(i) The quality, availability and adaptability of the goods and services.

(j) The Offeror’s ability to provide service promptly.

(k) The ability of the Offeror to respond to problems and concerns.

(l) Delivery.

(m) Other information pertinent to the requested service or supply.

Selection Process/Award of Contract As this is a Request for Proposals (RFP), information regarding the identity of the proposers or the contents of the respective proposals will not become public information until after an Award has been issued. Proposals may be ranked with or without interviews. Accordingly, respondents are encouraged to initially submit comprehensive proposals.

Compliance with Laws The Offeror is responsible for compliance with all Local, State and/or Federal laws and regulations.

The County of Merrimack shall be held harmless from any liability.

Authority to Transact Business in New Hampshire A Contractor organized as a stock or non-stock corporation, limited liability company, business trust, limited partnership, or registered as a limited liability partnership shall be authorized to transact business in the State of New Hampshire as a domestic or foreign business entity or as otherwise required by law. Any business entity described herein that enters into a Contract shall not allow its existence to lapse or its certificate of authority or registration to transact business in the State of New Hampshire be revoked or cancelled at any time during the term of the Contract. The County may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. All corporations, LLC’s and LLP’s shall be registered with the State.

To determine whether your firm should register, please contact the State of New Hampshire. In responding to this solicitation, I/we certify compliance with federal, state, and local laws and regulations applicable to the performance of the services described herein.

Ruling Law

This Request for Proposals, and any contract executed pursuant hereto, shall be governed, controlled, and interpreted in accordance with the law of the State of New Hampshire, without reference to its conflict of law principles. Each party to such contract shall thereby submit to the exclusive jurisdiction of the Circuit Court of the County of Merrimack.

Tax Exemption

The County of Merrimack is exempt from any taxes imposed by State and/or Federal Government.

Upon notification, the County will furnish documentation of tax exemption status.

Contract

Any contract resulting from this proposal request shall include the following documents: The RFP itself, the General Terms and Conditions, any referenced Specifications and/or Drawings, Price Schedules, the Offeror's proposal, and other related documents attached hereto or submitted with this Request for Proposal.

Modification of Contract

This RFP, and any subsequent contract(s), constitute the entire agreement between the Offer or and Merrimack County. No alteration, amendment, or modification in the provisions of the contract shall be effective unless it is put in writing, signed by all parties and attached.

Assignment of Contract A contract shall not be assignable in whole, or in part, without the written consent of the County of Merrimack.

Cancellation of Contract Merrimack County reserves the right to cancel and terminate any resulting contract, with a 30-day written notice to the Contractor. Any contract Cancellation Notice will not relieve the Contractor of the obligation to deliver and/or perform on all services prior to the effective date of cancellation or relieve the County from paying for services rendered or product delivered. Cancellation of the contract would become effective the thirty-first day after notification. Data for cancellation of the contract will be gathered by Merrimack County. The opinion of Merrimack County as to lack of performance will be final and without appeal.

Default

In case of failure to provide goods/services as specified herein, Merrimack County, after due written notice, may procure goods/services from other sources and hold the contractor responsible for any and all excess cost occasioned thereby.

Invoices The Contractor must send all invoices directly to the payment address shown on the purchase order/contract and must submit invoices for items ordered, delivered and accepted by Merrimack County. All invoices must show the purchase order/contract number. All Contractors need to be properly registered as a payment vendor for the County.

Ethics in Public Contracting By submitting a proposal, the Offeror certifies that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, Supplier, Manufacturer, or Subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised.

Anti-Discrimination By submitting their proposal, all Offerors certify to Merrimack County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended.

Drug-free Workplace During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in violation of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every Subcontract or Purchase Order of over $10,000, so that the provisions will be binding upon each Subcontractor or Vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Indemnification The Contractor releases the County of Merrimack from, agrees that the County of Merrimack shall not be liable for, and indemnifies the County of Merrimack against all liabilities, claims, costs and expenses, including out-of-pocket and incidental expenses and legal fees imposed upon, incurred, or asserted against the County of Merrimack arising, directly or indirectly, in whole or in part, out of the negligence or willful act or omission of the Contractor, its agents, or anyone who is directly employed in connection with (i) this Agreement or (ii) the project, including the construction of the project and the maintenance, repair, and replacement of any improvements which the Contractor is required to undertake pursuant to this Agreement or any permit or approval, provided that such release or indemnification shall not apply to any actions or claims brought as a result of any material breach of this Agreement, willful misconduct, or fraudulent action of the County of Merrimack.

In case any claim or demand is at any time made, or action or proceeding is brought, against or otherwise involving the County of Merrimack in respect of which indemnity may be sought hereunder, the person seeking indemnity promptly shall give notice of that action or proceeding to the Contractor, and the Contractor upon receipt of that notice shall have the obligation and the right to assume the defense of the action or proceeding.

In addition, and regardless of respective fault, Contractor shall defend, indemnify and hold harmless the Indemnified Parties for any costs, expenses and liabilities arising out of a claim, charge or determination that Contractor’s officers, employees, contractors, subcontractors or agents are employees of the Indemnified Parties, including but not limited to claims or charges for benefits, wages, fees, penalties, withholdings, damages or taxes brought in connection with laws governing workers compensation, unemployment compensation, social security, Medicare, state or federal taxation, and/or any other similar obligation associated with an employment relationship.

The Contractor’s obligations to defend, indemnify and hold harmless the Indemnified Parties hereunder shall survive the term of the Contract.

The County of Merrimack shall not be required to defend or indemnify the Contractor, any subcontractor, or any professional service provider.

Insurance The Contractor agrees that it will carry any and all insurance which will protect it, the County of Merrimack and their officials, agents, volunteers and employees from any and all claims and demands, costs, damages, loss of service or consortium, expenses, compensation and attorneys' fees including but not limited to any and all claims for personal injury and/or death, workers' compensation injuries, and property damages which may, in any way, arise from or out of the operations of the Contractor whether such operations be performed by the Contractor itself, anyone directly or indirectly employed by it or any other persons or company retained in any way to carry on all or portion of the operations, activities or work required by or related to the Contract. The Contractor further agrees that the County of Merrimack and its officials, agents, volunteers and employees shall be named as an additional insured in any and all such liability insurance policies required by the County of Merrimack.

Prior to commencing work, the Contractor shall demonstrate that it carries a general liability policy with limits of $1,000,000 per occurrence and $2,000,000 aggregate, as well as completed operations coverage, applicable to the work performed under this Contract and all liabilities as set forth above. The general liability policy must also contain contractual liability coverage applicable to the contractual indemnification obligation set forth below

The Contractor shall provide proof of automobile insurance coverage in an amount deemed satisfactory to the County of Merrimack.

The Contractor will furnish to the County of Merrimack a Certificate of Insurance and an endorsement prior to executing the Contract or commencing work demonstrating that the County of Merrimack and its officials, agents, volunteers and employees are named as an additional insured on the general liability and automobile liability insurance coverage on a primary and noncontributory basis.

The Contractor shall provide proof of workers compensation insurance meeting State of New Hampshire required limits and providing employer’s liability coverage.

Where applicable, Contractor shall carry and provide proof of builder’s risk insurance covering the project at its full value, and shall name the County of Merrimack as loss payee.

To the extent Contractor utilizes the services of an architect, engineer, surveyor or any other industry professional, all such professionals, in addition to the general and automobile liability coverages described above, shall carry professional liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. Such professionals shall name the County of Merrimack and its officials, agents, volunteers and employees as an additional insured on the general and automobile liability coverages by certificate and amendatory endorsement.

The County of Merrimack shall not be required to insure the Contractor, any subcontractor or any professional service provider.

Professional Liability

Where applicable, the Respondent shall carry Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or omissions of the Contractor or its sub-contractors and 2) the negligence or failure to render a professional service by the Contractor or its sub-contractors. The insurance policy should provide coverage in the amount of $2,000,000 each occurrence and $2,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after completion of the work.

The County cannot legally agree to any clause indemnifying the Contractor from any damages arising out of the contract or holding the Contractor harmless. The submission of a proposal means the Contractor agrees not to request such language in the resulting contract.

Antitrust

By entering into a contract, the offeror conveys, sells, assigns and transfers to Merrimack County all rights, title, and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the State of New Hampshire, relating to the particular goods or services purchased or acquired by Merrimack County under said contract.

Debarment Status

By submitting a proposal, the vendor certifies that they are not currently debarred from submitting Proposals on contracts by any Agency in the State of New Hampshire, nor are they an agent of any person or entity that is currently debarred from submitting Proposals on contracts by any Agency of the State of New Hampshire.

Performance Bond

Prior to the execution of a contract, the County reserves the right to require the successful Offeror to furnish a performance and/or labor and material payment bond, with corporate surety, satisfactory to the County of Merrimack, up to the full amount of the contract price. The County will allow for adjustment in the cost of the proposal to accommodate this requirement.

Quality

All materials used for the manufacture or construction of any supplies, materials or equipment covered by this contract shall be of the best quality available.

Delivery Point

Unless otherwise indicated, all items shall be delivered F.O.B. Destination with delivery charges included in the proposal price. F.O.B. Destination is interpreted to mean unloading and placing in the building or area as directed by the County.

Acceptance of Material Until such time as all the conditions in the contract are fulfilled, the County reserves the right to refuse and return material, at the seller’s expense.

Warranty/Returns Clearly specify your warranty of product and handling of returns, including turnaround time on faulty equipment. Warranties and other technical data are to be included.

Delivery Time is of the essence for delivery of any items, products or service procured in resulting contracts.

If delivery is not made at the time specified on the Request for Proposal or subsequent negotiations, the County reserves the right to call in any and all bonds or other security given for performance, to cancel the order, or any part thereof, without obligation, to declare the seller in default, and to disqualify the seller from submitting for future County contracts.

Copyright or Patent Rights

The Offeror warrants that there have been no violations of copyrights or patent rights in the manufacture, production or sale of the goods shipped or ordered as a result of this proposal. The Offeror agrees that the County of Merrimack shall be indemnified and held harmless from any and all liability or expense occasioned by any such violations.

Certification and Ability

The County of Merrimack reserves the right to request from the Offeror a separate manufacturer’s certification of all statements made in the proposal.

Data on convictions for certain crimes and elder abuse and neglect

Prior to awarding a contract for the provision of services that require the Contractor or his employees to have direct contact with Residents, the County shall require the Contractor and, when relevant, any employee who will have direct contact with Residents, to provide certification that (i) he has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of any kind; and (ii) whether he has been convicted of a crime of moral turpitude (§22.1-296.1 (C).

Proprietary Information

Ownership of all data, materials, and documentation originated and prepared for the County of Merrimack pursuant to the REQUEST FOR PROPOSAL shall belong exclusively to the County and be subject to public inspection in accordance with the State of New Hampshire’s Right to Know Law (RSA 91-A). Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure, however, the Offeror must invoke the protections, in writing, either before or at the time the data or other material is submitted. The Offeror must also specifically identify the data or materials to be protected and state the reasons why protection is necessary. In addition, the proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining in the Proposal and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

Protests Any actual or prospective respondent who is aggrieved in connection with a solicitation or award of a contract may protest to the County. Protestors must first seek resolution of their complaints with the Purchasing Manager. A protest shall be submitted in writing prior to the opening of proposals or the closing day of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest. In that event, the protest shall be submitted within three calendar days after such aggrieved person knows or should have known the facts giving rise thereto. In the event of a timely protest the Purchasing Manager shall not proceed further with the solicitation, award, or contract. The Purchasing Manager is authorized to settle any protest.

Decisions made by the Purchasing Manager may be appealed to the County Administrator who will make the final determination.