REQUEST FOR BID

FOR

Meal & Dietary Services for Youth Treatment Center

RFB-2027-DCYF-02-MEALD

RELEASE DATE: July 21, 2026

State of New Hampshire

Department of Health and Human Services

New Hampshire Department of Health and Human Services

TABLE OF CONTENTS

1. PURPOSE AND OVERVIEW 3

2. STATEMENT OF WORK 4

3. BID EVALUATION 10

4. SOLICITATION RESPONSE PROCESS 10

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS 12

6. BID RESPONSE REQUIREMENTS 12

7. ADDITIONAL TERMS AND REQUIREMENTS 12

8. COMPLIANCE 17

9. APPENDICES TO THIS SOLICITATION 18

1. PURPOSE AND OVERVIEW

Introduction

The New Hampshire Department of Health and Human Services, Division for Children, Youth and Families (“Department”) is seeking responses to this Request for Bid (“solicitation” or “RFB”) from qualified Bidders to provide dietary services and meals for the New Hampshire Youth Treatment Center (YTC) at the New Hampshire YTC, to be located in Hampstead, NH.

Qualified Bidders must have access to the necessary facilities and equipment to prepare all meals offsite (full kitchen not available onsite at the YTC), transport meals to YTC, and retrieve all materials/dishes from YTC, three (3) times per day, 365 days per year.

The Department anticipates awarding one (1) contract for the services in this solicitation.

Key Information

The information in the table below is as anticipated by the Department. All information is subject to change, the availability of funds, and/or approval by the Governor and Executive Council.

Contract Effective Date January 2027, upon Governor and Executive Council approval

Contract End Date June 30, 2028

Renewal Options The Department may extend contracted services for up to four

(4) additional years.

Funding Source The Department anticipates using General funds for resulting contract.

Point of Contact Alex Rainey, Contract Specialist Alex.D.Rainey@dhhs.nh.gov 603-271-9284

From the date of release of this solicitation until an award is made and announced regarding the selection of a Bidder, all communication with personnel employed by or under contract with the Department regarding this solicitation is prohibited unless first approved by the Point of Contact listed above. Department employees have been directed not to hold conferences and/or discussions concerning this solicitation with any potential Bidder during the selection process, unless otherwise authorized by the Point of Contact. Bidders may be disqualified for violating this restriction on communications.

Procurement Timetable

All times are according to Eastern Time. The Department reserves the right to modify these dates and times at its sole discretion.

Item Action Date

1. RFB Released 7/21/2026

2. Questions Submission Deadline 7/29/2026

12:00 PM

3.

Department Response to Questions Published

8/5/2026

4. Bid Submission Due Date 8/12/2026

12:00 PM

5.

Public Bid Opening

(Bidder’s interested in attending the Public Bid Opening must register with the Sole Point of Contact in Subsection 1.2., by email no later than 12:00 PM Noon 8/10/2026 to obtain information on how to attend the opening.)

8/12/2026

2:00 PM

Background

1.4.1. New Hampshire Department of Health and Human Services, Division for Children, Youth and Families, Youth Treatment Center

The Department’s Division for Children, Youth, and Families (DCYF) provides and manages services that strengthen families, keep children safe, and help families thrive. Through its responsibilities in both Child Protection and Juvenile Justice, DCYF works to support children, youth and families together in their own homes and communities whenever possible. To achieve this, DCYF partners closely with families, the provider community, and other DHHS divisions. The Youth Treatment Center (YTC) is a 24-hour secure treatment facility. A new facility will be opening in January 2027 in Hampstead, NH, with an average daily census of up to a maximum of eighteen (18) individuals. The program encompasses education, residential unit life, permanency planning as well as clinical treatment services.

1.4.2. Objective

The purpose of these services is to secure a qualified food service provider capable of delivering comprehensive, year-round food operations, including preparation offsite, delivery/transportation to, and retrieval of all soiled service-related materials after each meal service at the YTC.

1.4.3. Covered Populations

The populations to be receiving meals include individuals residing at the New Hampshire YTC, and administrative staff on campus.

2. STATEMENT OF WORK

Scope of Services

2.1.1. The selected Bidder must provide food services, including offsite preparation (full kitchen not available onsite), transportation to the premises at the YTC, and retrieval of all soiled service related materials after meal service, in accordance with the Centers for Medicaid and Medicare Services (CMS) Conditions of Participation.

2.1.2. The selected Bidder must have access to kitchen facilities and equipment necessary to performed all required offsite services as described herein.

2.1.3. The selected Bidder must coordinate preparatory and initial setup activities required to deliver the services in Section 2, Statement of Work, including, but not limited to:

2.1.3.1. Administrative setup;

2.1.3.2. Initial training; and

2.1.3.3. Preliminary set-up/work necessary to commence delivery.

2.1.4. The selected Bidder must provide approximately thirty-seven (37) breakfast, lunch, and dinner meals, including beverages daily for individuals and residential staff, and approximately twenty-five (25) additional lunch meals daily for Administration / Administration Support staff members.

2.1.5. The selected Bidder must ensure meals are available at the designated time for each meal, as specified below or as otherwise directed by the Department:

2.1.5.1. Breakfast – 8:00 AM – 8:30 AM;

2.1.5.2. Lunch – 12:00 PM – 12:30 PM & 12:30 PM – 1:00 PM; and

2.1.5.3. Dinner – 4:30 PM – 5:00 PM & 5:00 PM – 5:30 PM.

2.1.6. The selected Bidder must ensure services are available 365 days per year, and must maintain uninterrupted service during severe weather, staffing shortages, supply disruptions, equipment failures, and/or other operational emergencies.

2.1.7. The selected Bidder must provide menus for a cycle of no less than four (4) weeks, or another period established in collaboration with YTC.

2.1.8. The selected Bidder must offer a no-pork option for breakfast, lunch, and dinner service to support the cultural needs and religious beliefs of facility youth and staff members.

2.1.9. The selected Bidder must identify all major allergens contained in each menu item, including, but not limited to:

2.1.9.1. Providing ingredient lists, recipes, product specifications, and nutrition information upon request.

2.1.9.2. Providing substitutions when products are unavailable without reducing nutritional value, portion size, or overall meal quality; and

2.1.9.3. Establishing procedures for seasonal menus, holiday meals, special events, emergency menus, and facility-requested modifications.

2.1.10. The selected Bidder must ensure all operations are in compliance with all applicable public health and food services laws, rules and regulations and standards as established by the US Food and Drug Administration, CMS, and federal, state, county, or city government, including, but not limited to:

2.1.10.1. New Hampshire Revised Statute Annotated (RSA) 143 Sanitary Production and Distribution of Food.

2.1.10.2. New Hampshire Revised Statute Annotated (RSA) 143-A, Food Service Licensure.

2.1.10.3. New Hampshire Administrative Rule He-P 2300, Sanitary Production and Distribution of Food.

2.1.10.4. Food protection laws and rules for the State of New Hampshire are found here: Food Protection Laws and Rules | New Hampshire Department of Health and Human Services

2.1.11. The selected Bidder must obtain all federal, state, and local licenses and permits required for food service operation, and shall be responsible for all sales, use, excise, state and local income taxes and all other state and local taxes as applicable.

2.1.12. The selected Bidder shall be provided with a daily census count by the Department, including individuals and staff, to ensure the number of meals provided is accurate.

2.1.13. The selected Bidder must purchase and pay for all food, beverages, supplies, and services utilized in the food service operation. Such purchases shall be made exclusively for the benefit of the Department and must be used solely in the food service operation at YTC.

2.1.14. The selected Bidder must provide:

2.1.14.1. All floor stocks, including, but not limited to:

2.1.14.1.1. Dietary supplies used in food stations and pantries, including, but not limited to snack foods, condiments, baking supplies, and similar items.

2.1.14.1.2. Paper and plastic food service supplies, including paper plates, cups, napkins plastic knives, forks, and spoons, and similar items.

2.1.14.1.3. Nourishments, defined as special food and beverage items provided for a specific individual.

2.1.14.1.4. Commercial supplements as requested by a health care provider for a specific individual.

2.1.14.2. Additional smallwares purchased for food preparation and service, including, but not limited to pots, pans, kitchen knives, utensils, cutting boards, and similar items.

2.1.15. The selected Bidder must provide all licensed kitchen facilities, qualified food-service personnel, ingredients, food-production equipment, refrigeration, storage, packaging materials, utensils, sanitation supplies, and other resources required to prepare, package, store, and stage meals for safe and timely delivery.

2.1.16. The selected Bidder must use vehicles which are clean, sanitary, enclosed, maintained in good repair, and suitable for food transportation.

2.1.17. The selected Bidder must protect food from contamination, damage, pests, weather, and unauthorized access.

2.1.18. The selected Bidder must deliver meals in warming pans, in a temperature-controlled transportation unit to the YTC.

2.1.19. The selected Bidder must track food temperatures during food preparation and transport to ensure quality.

2.1.20. The selected Bidder must transport food separately from chemicals, waste, dirty equipment, and other potentially contaminating materials.

2.1.21. The selected Bidder must retain delivery records for a period of time as specified by the YTC.

2.1.22. The selected Bidder must develop a process, in collaboration with the YTC, to resolve discrepancies between ordered and delivered quantities.

2.1.23. The selected Bidder must coordinate access, security screening, vehicle entry, unloading, and delivery procedures with facility staff.

2.1.24. The selected Bidder must maintain sufficient backup vehicles and drivers to prevent service interruptions.

2.1.25. The selected Bidder must notify the facility immediately of delays, vehicle failures, accidents, temperature concerns, or other delivery problems.

2.1.26. The selected Bidder must comply with all facility security, parking, loading-zone, and access requirements.

2.1.27. The selected Bidder must ensure drivers possess all required licenses, insurance, training, and background clearances.

2.1.28. The selected Bidder must verify the number of meals and food-service items delivered, and ensure all re-usable food-service items and utensils are present and accounted for after each meal service, including, but not limited to:

2.1.28.1. Immediate corrective action for rejected or missing re-usable items;

and

2.1.28.2. Identification of damaged, missing, incorrect, or potentially unsafe items.

2.1.29. The selected Bidder must supply and ensure cleanliness (wash/sterilize) of all necessary utensils, plates, trays through utilization of an off-site dishwasher, and must retrieve mobile cart after meals with all dirty serving pans/serving utensils and eating utensils.

2.1.30. The selected Bidder must provide a registered dietician to consult with staff on individual dietary requirements for no less than six (6) hours per day, two (2) days each week, or as needed, on a schedule to be approved by the Department.

2.1.31. The selected Bidder must ensure adherence to state and federal dietary requirements, validated through monthly dietician review.

2.1.32. The selected Bidder must ensure its employees adhere to the written policies, rules, and regulations of the Department while on the premises at YTC.

2.1.33. The YTC shall retain the right to reject food and expect remediation of any issues within ninety (90) minutes, including new meals to be delivered, if meals:

2.1.33.1. Arrive outside required temperature ranges;

2.1.33.2. Show evidence of contamination, tampering, spoilage, or damage;

2.1.33.3. Do not match the approved menu or dietary order;

2.1.33.4. Are improperly packaged or labeled; and/or

2.1.33.5. Do not meet contract quality or portion requirements.

2.1.34. The selected Bidder must participate in meetings with the Department on a quarterly basis, or as otherwise requested by the Department.

Reporting

2.2.1. The selected Bidder must submit monthly reports that include, but are not limited to:

2.2.1.1. The number of individual meals served for breakfast, lunch, and dinner in the prior week;

2.2.1.2. The number of meals served to residential staff members; and

2.2.1.3. Purchases for smallwares, floor stocks, nourishments, and commercial supplements.

2.2.2. The selected Bidder may be required to provide other key data and metrics to the Department in a format specified by the Department.

2.2.3. The selected Bidder may be required to facilitate reviews of files conducted by the Department on a monthly basis, or as otherwise requested by the Department, that may include, but are not limited to:

2.2.3.1. Purchase records of food and supplies.

2.2.3.2. Payroll records.

2.2.3.3. Menus.

2.2.4. The selected Bidder may be required to refund the Department in the event expenditures during the State Fiscal Year are less than the annual allowance amount, in which case the Department will receive a credit for the difference between actual expenditures and the annual allowance amount.

2.2.5. Performance Measures

2.2.5.1. The selected Bidder’s performance will be evaluated using the following measurable standards:

2.2.5.1.1. Temperature control: Ninety-eight (98) percent of meals must meet required hot and cold holding temperatures upon delivery.

2.2.5.1.2. Menu accuracy: No more than one (1) percent variance between planned menus and meals served each month.

2.2.5.1.3. Customer satisfaction: Quarterly feedback from facility staff and youth should meet or exceed a ninety (90) percent satisfaction rating.

2.2.6. Background Checks

2.2.6.1. Prior to permitting any individual to provide services under this Agreement, the selected Bidder must ensure that said individual has undergone:

2.2.6.1.1. A criminal background check, at the Bidder’s expense, and has no convictions for crimes that represent evidence of behavior that could endanger individuals served under this Agreement;

2.2.6.1.2. A name search of the Department’s Bureau of Elderly and Adult Services (BEAS) State Registry, pursuant to RSA 161-F:49, with results indicating no evidence of behavior that could endanger individuals served under this Agreement; and

2.2.6.1.3. A name search of the Department’s Division for Children, Youth and Families (DCYF) Central Registry pursuant to RSA 169-C:35, with results indicating no evidence of behavior that could endanger individuals served under this Agreement.

2.2.7. Immunization Requirements

2.2.7.1. The selected Bidder must provide proof of immunizations required in accordance with the Centers for Disease Control and Prevention Recommendations for Immunization of Health-Care Workers, Recommendations of the Advisory Committee on Immunization Practices and the Hospital Infection Control Practices Advisory Committee for drivers and other personnel that will be on the premises at YTC or in vehicles with individuals, at the request of the Department.

This includes, but is not limited to, proof of:

2.2.7.1.1. Tuberculosis screening results dated within the last year prior to the effective date of this agreement;

2.2.7.1.2. Hepatitis B vaccination or immunity initiation;

2.2.7.1.3. Immunity to measles, mumps, rubella and chickenpox;

2.2.7.1.4. Influenza vaccination during influenza season if not contraindicated; and

2.2.7.1.5. Tetanus, Diphtheria, & Pertussis (Tdap) vaccination within the past ten (10) years.

Bid Requirements

2.3.1. The selected Bidder must provide two (2) references for whom the Bidder has provided similar services in the previous five (5) years.

3. BID EVALUATION

Bid Scoring

3.1.1. Bid scores will be calculated based on the Total Cost Bid as submitted on Appendix A-1, Bid Cost Sheet.

Bidder Selection

3.2.1. Bidders must complete Appendix A, Transmittal Cover Letter, Bidder Information and A-1 Bid Cost Sheet, and submit the supporting documentation in accordance with Section 6, Bid Response Requirements, Subsection 6.2, Bid Contents, by the Bid Submission Deadline in Subsection 1.3, Procurement Timetable.

3.2.2. Public Bids will be opened on the day and time specified in Subsection 1.3, Procurement Timetable.

3.2.3. One (1) Bidder with the lowest Annualized Cost Bid as submitted on A-1 Bid Cost Sheet, will be selected.

3.2.4. Should the Department be unable to reach agreement with the selected Bidder during Contract discussions, the Department may then undertake Contract discussions with the next lowest Bidder, and so forth. Such discussions may continue at the sole option of the Department, until an agreement is reached, or all Proposals are rejected.

3.2.5. Bids must conform to all instructions, requirements and contents indicated below and in Subsection 1.2.

4. SOLICITATION RESPONSE PROCESS

Questions and Answers

4.1.1. Bidder’s Questions

4.1.1.1. All questions about this Solicitation including, but not limited to, requests for clarification, additional information or any changes to the Solicitation must be made in writing, by email only, citing the Solicitation page number and part or subpart, and submitted to the Contract Specialist identified in Subsection 1.2.

4.1.1.2. The Department may consolidate or paraphrase questions for efficiency and clarity. Questions that are not understood will not be answered. Statements that are not questions will not receive a response.

4.1.1.3. All questions must be submitted by email; however, the Department assumes no liability for ensuring accurate and complete email transmissions.

4.1.1.4. Questions must be received by the Department by the deadline given in Subsection 1.3, Procurement Timetable.

4.1.2. Department Responses

4.1.2.1. The Department intends to issue responses to properly submitted questions by the deadline specified in Subsection 1.3, Procurement Timetable. All oral answers given are non-binding. Written answers to questions received will be posted on the Department’s website at (https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities). This date may be subject to change at the Department’s discretion.

4.1.3. Exceptions

4.1.3.1. The Department will require the successful Bidder to execute a contract using the Form P-37, General Provisions and Standard Exhibits, which are attached as Appendix B. To the extent that a Bidder believes that exceptions to Appendix B will be necessary for the Bidder to enter into a Contract, the Bidder must note those issues during the Question Period in Subsection 1.3. Bidders may not request exceptions to the Scope of Services or any other sections of this Solicitation.

4.1.3.2. The Department will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion in its response to Bidder questions.

4.1.3.3. Any exceptions to the standard form contract and exhibits that are not raised by a Bidder during the Question Period may not be considered.

In no event is a Bidder to submit its own standard contract terms and conditions as a replacement for the Department’s terms in response to this Solicitation.

Solicitation Amendment

4.2.1. The Department reserves the right to amend this Solicitation by publishing any addenda, as it deems appropriate, prior to the Submission Deadline on its own initiative or in response to issues raised through Bidder questions. In the event that an addendum is published, the Department, at its sole discretion, may extend the Submission Deadline.

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS

Responses to this Solicitation must be submitted electronically via email to rfx@dhhs.nh.gov AND to the Contract Specialist at the email address specified in Section 1.2.

5.1.1. The subject line must include the following information:

RFB-2027-DCYF-02-MEALD (email xx of xx).

The maximum size of file attachments per email is 25 MB. Submissions with file attachments exceeding 25 MB must be sent via multiple emails.

The Department must receive submissions by the time and date specified in the Procurement Timetable in Section 1.3., and in the manner specified or it may be rejected as non-compliant, unless waived by the Department as a non-material deviation.

The Department will conduct an initial screening step to verify Bidder compliance with the requirements of this Solicitation. The Department may waive or offer a limited opportunity for a Bidder to cure immaterial deviations from the Solicitation requirements if it is deemed to be in the best interest of the Department.

Late submissions that are not accepted will remain unopened. Disqualified submissions will be discarded. Submission of solicitation responses shall be at the Bidder’s expense.

6. BID RESPONSE REQUIREMENTS

Acceptable solicitation responses must offer all services identified in Section 2 - Statement of Work, unless an allowance for partial scope is specifically described in Section 2.

Bid Contents

Each Response must contain the following, in the order described in this section:

6.2.1. Appendix A – Transmittal Letter and Bidder Information, including:

6.2.1.1. Bidder Code Number - Prior to executing any resulting contract, the selected Bidder will be required to provide a Bidder code number issued by the State of New Hampshire Department of Administrative Services upon registering as an authorized Bidder with the State. Bidders are strongly encouraged to provide a Bidder code number in the Appendix A if available. More information can be found at: https://das.nh.gov/purchasing/vendorresources.aspx

6.2.2. Appendix A-1 - Bid Cost Sheet

7. ADDITIONAL TERMS AND REQUIREMENTS

Non-Collusion

The Bidder’s required signature on the Appendix A – Transmittal Letter and Bidder Information and A-1 Bid Cost Sheet submitted in response to this Solicitation guarantees that the prices, terms and conditions, and services quoted have been established without collusion with other

Bidders and without effort to preclude the Department from obtaining the best possible competitive bid.

Collaborative Solicitation Responses

Solicitation responses must be submitted by one organization. Any collaborating organization must be designated as a subcontractor subject to the terms of Appendix B, P-37 General Provisions and Standard Exhibits.

Validity of Solicitation Responses

Solicitation responses must be valid for one hundred and eighty (180) days following the deadline for submission in the Procurement Timetable above in Subsection 1.3., or until the Effective Date of any resulting contract, whichever is later.

Debarment

Bidders who are ineligible to bid on proposals, bids or quotes issued by the Department of Administrative Services, Division of Procurement and Support Services pursuant to the provisions of RSA 21-I:11-c shall not be considered eligible for an award under this solicitation.

Property of Department

Any material property submitted and received in response to this solicitation will become the property of the Department and will not be returned to the Bidder. The Department reserves the right to use any information presented in any solicitation response provided that its use does not violate any copyrights or other provisions of law.

Bid Withdrawal

Prior to the Bid Submission Deadline specified in Subsection 1.3, Procurement Timetable, a submitted Letter of Intent or bids may be withdrawn by submitting a written request for its withdrawal to the Contract Specialist specified in Subsection 1.2.

Confidentiality

7.7.1. Pursuant to RSA 21-G:37, the content of responses to this solicitation must remain confidential until the Governor and Executive Council have awarded a contract. The Bidder’s disclosure or distribution of the contents of its solicitation response, other than to the Department, will be grounds for disqualification at the Department’s sole discretion.

Public Disclosure

7.8.1. The information submitted in response to this solicitation (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and presentations), any resulting contract, and information provided during the contractual relationship may be subject to public disclosure under Right-to- Know laws, including RSA 91-A. In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this solicitation will be made accessible to the public online via the New Hampshire Secretary of State website (https://sos.nh.gov/).

7.8.2. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. If a Bidder believes any information submitted in response to this solicitation should be kept confidential, the Bidder must specifically identify that information where it appears in the submission in a manner that draws attention to the designation and must mark/stamp each page of the materials that the Bidder’s claims must be exempt from disclosure as “CONFIDENTIAL.” Bidder must also provide a letter to the person listed as the point of contact for this solicitation, identifying the specific page number and section of the information considered to be confidential, commercial or financial and providing the rationale for each designation. Marking or designating an entire submission, attachment or section as confidential shall neither be accepted nor honored by the Department. The Bidder must also provide a separate copy of the full and complete document, fully redacting those portions and shall note on the applicable page or pages that the redacted portion or portions are “confidential.”

7.8.3. Submissions which do not conform to these instructions by failing to include a redacted copy (if necessary), by failing to include a letter specifying the rationale for each redaction, by failing to designate the 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 Department as not conforming to the requirements of the solicitation.

7.8.4. Pricing, which includes but is not limited to, the administrative costs and other performance guarantees in responses or any subsequently awarded contract shall be subject to public disclosure regardless of whether it is marked as confidential.

7.8.5. Notwithstanding a Bidder’s designations, the Department is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in response to the solicitation. If a request is made to the Department to view or receive copies of any portion of the response that is marked confidential, the Department shall first assess what information it is obligated to release. The Department will then notify the Bidder that a request has been made, indicate what, if any, information the Department has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the response. To halt the release of information by the Department, a Bidder must initiate and provide to the Department, 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.

7.8.6. By submitting a response to this solicitation, Bidders acknowledge and agree that:

7.8.6.1. The Department may disclose any and all portions of the response 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 solicitation;

7.8.6.2. The Department 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; and

7.8.6.3. The Department 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.

Electronic Posting of RFB Results and Resulting Contract

7.9.1. At the time of receipt of responses, the Department will post the number of responses received with no further information. No later than five (5) business days prior to submission of a contract to the Department of Administrative Services pursuant to this solicitation, the Department will post the name, rank or score of each responding Bidder. In the event that the resulting contract does not require Governor & Executive Council (G&C) approval, the Agency will disclose the rank or score at least five (5) business days before final approval of the contract.

7.9.2. Pursuant to RSA 91-A and RSA 9-F:1, the Secretary of State will post to the public any document submitted to G&C for approval, including contracts resulting from this solicitation, and posts those documents on its website (https://sos.nh.gov/administration/miscellaneous/governor-executive-council/).

By submitting a response to this solicitation, Bidders acknowledge and agree that, in accordance with the above mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this solicitation), any contract resulting from this solicitation that is submitted to G&C for approval will be made accessible to the public online.

Non-Commitment

Notwithstanding any other provision of this solicitation, this solicitation does not commit the Department to award a contract. The Department reserves the right to reject any and all responses to this solicitation or any portions thereof, at any time and to cancel this solicitation and to solicit new solicitation responses under a new procurement process.

Liability

By submitting a response to this solicitation, the Bidder agrees that in no event shall the Department be either responsible for or held liable for any costs incurred by a Bidder in the preparation or submittal of or otherwise in connection with a solicitation response, or for work performed prior to the Effective Date of a resulting contract.

Request for Additional Information or Materials

The Department may request any Bidder to provide additional information or materials needed to clarify information presented in the solicitation response. Such a request will be issued in writing and will not provide a Bidder with an opportunity to change, extend, or otherwise amend its solicitation response in intent or substance.

Successful Bidder Notice and Contract Negotiations

If a Bidder is selected, the Department will send written notification of their selection and the Department’s desire to enter into contract negotiations. Until the Department successfully completes negotiations with the selected Bidder, all submitted solicitation responses remain eligible for selection by the Department. In the event contract negotiations are unsuccessful with the selected Bidder, the evaluation team may recommend another Bidder. The

Department will not contact Bidders that are not initially selected to enter into contract negotiations.

Scope of Award and Contract Award Notice

7.14.1. The Department reserves the right to award a service, part of a service, group of services, or total solicitation response and to reject any and all solicitation responses in whole or in part. A contract award is contingent on approval by the Governor and Executive Council.

7.14.2. If a contract is awarded, the selected Bidder must obtain written consent from the Department before any public announcement or news release is issued pertaining to any contract award.

Contract Registration Requirements

7.15.1. Prior to submission of any agreement for Governor and Executive Council for approval, the selected Bidder must be:

7.15.2. Registered and in good standing with the NH Department of State, per RSA 5:18-a (https://quickstart.sos.nh.gov/online).

7.15.3. Registered with the NH Department of Administrative Services and have a Vendor Code (Vendor Resource Center | Procurement and Support Services | NH Dept. of Administrative Services) in order to receive payment.

7.15.4. Registered and in good standing with the NH Department of Justice Charitable Trust Unit if the organization meets the definition of Charitable Organization per RSA 7:21 (https://www.doj.nh.gov/bureaus/charitable-trusts).

Site Visits

The Department may, at its sole discretion, at any time prior to contract award, conduct a site visit at the Bidder’s location or at any other location deemed appropriate by the Department, to determine the Bidder’s capacity to satisfy the terms of this solicitation. The Department may also require the Bidder to produce additional documents, records, or materials relevant to determining the Bidder’s capacity to satisfy the terms of this solicitation. Any and all costs associated with any site visit or requests for documents shall be borne entirely by the Bidder.

Protest of Intended Award

Any challenge of an award made or otherwise related to this solicitation shall be governed by RSA 21-G:37, and the procedures and terms of this solicitation. The procedure set forth in RSA 21-G:37, IV, shall be the sole remedy available to challenge any award resulting from this solicitation. In the event that any legal action is brought challenging this solicitation and selection process, outside of the review process identified in RSA 21-G:37,IV, and in the event that the State of New Hampshire prevails, the challenger agrees to pay all expenses of such action, including attorney’s fees and costs at all stages of litigation.

Contingency

Aspects of the award may be contingent upon changes to state or federal laws and regulations.

Ethical Requirements

From the time this solicitation is published 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 will or has selected, evaluated, or awarded a solicitation, or similar submission. Any Bidder that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any Bidder who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from submitting a response to this solicitation, or similar request for submission and every such Bidder shall be disqualified from submitting any solicitation response or similar request for submission issued by any state agency. A Bidder that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the Department of Administrative Services, which shall note that information on the list maintained on the state’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

Liquidated Damages

The selected Bidder agrees that liquidated damages may be determined by the Department as part of the contract specifications, as failure to achieve required performance levels will more than likely substantially delay and disrupt the Department’s operations.

8. COMPLIANCE

The selected Bidder must be in compliance with applicable federal and state laws, rules and regulations, and applicable policies and procedures adopted by the Department currently in effect, and as they may be adopted or amended during the contract period.

The selected Bidder may be required to participate in monitoring activities for the resulting contract.

Records

8.3.1. The selected Bidder must maintain the following records during the resulting contract term where appropriate and as prescribed by the Department:

8.3.1.1. Books, records, documents and other electronic or physical data evidencing and reflecting all costs and other expenses incurred by the selected Bidder in the performance of the resulting contract, and all income received or collected by the selected Bidder.

8.3.1.2. All records must be maintained in accordance with accounting procedures and practices, which sufficiently and properly reflect all such costs and expenses, and which are acceptable to the Department, and to include, without limitation, all ledgers, books, records, and original evidence of costs such as purchase requisitions and orders, vouchers, requisitions for materials, inventories, valuations of in-kind contributions, labor time cards, payrolls, and other records requested or required by the Department.

8.3.2. During the term of the resulting contract and the period for retention hereunder, the Department, and any of their designated representatives shall have access to all reports and records maintained pursuant to the resulting contract for purposes of audit, examination, excerpts and transcripts. If upon review of the Final Expenditure Report the Department shall disallow any expenses claimed by the selected Bidder as costs hereunder the Department shall retain the right, to deduct the amount of such expenses as are disallowed or to recover such sums from the selected Bidder.

Audit Requirements

8.4.1. The selected Bidder(s) must email an annual audit to dhhs.act@dhhs.nh.gov if any of the following conditions exist:

8.4.1.1. Condition A - The Selected Bidder is subject to a Single Audit pursuant to 2 CFR 200.501 Audit Requirements.

8.4.1.2. Condition B - The Selected Bidder is subject to audit pursuant to the requirements of NH RSA 7:28, III-b.

8.4.1.3. Condition C - The selected Bidder is a public company and required by Security and Exchange Commission (SEC) regulations to submit an annual financial audit.

8.4.2. If Condition A exists, the selected Bidder(s) shall submit an annual single audit performed by an independent Certified Public Accountant (CPA) to the Department within one hundred and twenty (120) days after the close of the Bidder’s fiscal year, conducted in accordance with the requirements of 2 CFR Part 200, Subpart F of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards.

8.4.3. If Condition B or Condition C exists, the selected Bidder(s) shall submit an annual financial audit performed by an independent CPA within 120 days after the close of the selected Bidder’s fiscal year.

8.4.4. Any selected Bidder that receives an amount equal to or greater than $250,000 from the Department during a single fiscal year, regardless of the funding source, may be required, at a minimum, to submit annual financial audits performed by an independent CPA if the Department’s risk assessment determination indicates the Bidder is high-risk.

8.4.5. In addition to, and not in any way in limitation of obligations of the resulting Contract(s), it is understood and agreed by the selected Bidder(s) that the selected Bidder(s) shall be held liable for any state or federal audit exceptions and shall return to the Department all payments made under the resulting Contract(s) to which exception has been taken, or which have been disallowed because of such an exception.

9. APPENDICES TO THIS SOLICITATION

Appendix A – Transmittal Letter and Bidder Information

Appendix A-1 - Bid Cost Sheet

Appendix B – Form P-37 General Provisions and Standard Exhibits

Appendix C – Confidentiality Statement