rfp-466-25.pdf

NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR PROPOSAL FOR AIR EMISSION AND PERMITTING CONSULTING

SERVICES

466-25

DUE DATE 2/14/2025 10:00 AM (EASTERN TIME)

Table of Contents

SECTION I: OVERVIEW AND EVENTS SCHEDULE

1. PURPOSE:

2. BACKGROUND:

3. SCOPE OF WORK:

4. TIMELINE:

SECTION II: RFP AND CONTRACT TERMS AND CONDITIONS

5. TERMS OF SUBMISSION:

6. GOVERNING TERMS AND CONDITIONS:

7. CONFIDENTIALITY OF A PROPOSAL:

8. ELECTRONIC POSTING OF RESULTING CONTRACT:

9. NON-COMITTMENT:

10. NON-COLLUSION:

11. PROPOSAL PREPARATION COST:

12. ETHICAL REQUIREMENTS:

13. DEBARMENT:

14. NON-EXCLUSIVE CONTRACT:

15. CONTRACT AWARD:

16. NOTIFICATION AND AWARD OF CONTRACT:

17. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

18. TERMINATION:

19. VENDOR CERTIFICATIONS:

20. STANDARD CONTRACT TERMS:

21. CONTRACT TERM:

22. SUBCONTRATORS:

23. TERMS OF PAYMENT:

24. VENDOR RESPONSIBILITY:

25. IF AWARDED A CONTRACT:

26. VENDOR CONTRACT INFORMATION:

27. The Bid Opening is open to the public online at the following: ................................. Error! Bookmark not defined.

SECTION III: PROPOSAL SUBMISSION, DEADLINE, AND INSTRUCTIONS

28. RFP SUBMISSION:

29. PROPOSAL INQUIRIES:

30. ADDENDA:

31. VALIDITY OF PROPOSAL:

32. NUMBER OF AWARDS:

33. PROPOSAL FORMAT:

34. PROPOSAL CONTENTS:

35. ADMINISTRATIVE SPECIFICATIONS

SECTION III: PROPOSAL EVALUATION AND SELECTION

36. EVALUATION PROCESS – GENERAL INFORMATION:

37. SCORING WEIGHTS AND PROCESS:

38. ACCEPTING AND EVALUTATING PROPOSALS:

39. NEGOTIATIONS:

SECTION IV: PROPOSAL EVALUATION AND SELECTION

40. CONTRACT DOCUMENT:

41. STANDARD STATE AGREEMENT PROVISIONS:

SECTION V: LIST OF APPENDICES AND RELATED DOCUMENTS

42. LIST OF RFP APPENDICES AND RELATED DOCUMENTS

PROPOSAL COVER PAGE

QUALIFICATIONS & EXPERIENCE FORM

COST PROPOSAL FORM

SUBMITTED QUESTIONS FORM

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

SECTION I: OVERVIEW AND EVENTS SCHEDULE

1. PURPOSE:

1.1. The State is seeking proposals from qualified firms to provide consulting services with the understanding of New Hampshire air permit requirements, emission monitoring, ongoing record keeping and obligations and emergency generator registrations as it relates to air emissions, as well as near and long-term strategies to advance the State’s efforts in lowering and maintaining fuel efficiencies and record keeping.

2. BACKGROUND:

2.1. The Department of Administrative Services is seeking proposals for Air Emission Consulting firms to provide training of New Hampshire air permit requirements, emission monitoring, ongoing record keeping and obligations and emergency generator registrations as it relates to air emissions, as well as near and long-term strategies.

Examples of services requested include, but are not limited to:

2.1.1. Permits for new fuel consumption units

2.1.2. Permits for facility additions or changes

2.1.3. Registration for New Hampshire “General State Permit for Emergency Generators”

2.1.4. Training staff for ongoing permit obligations with daily, weekly, monthly and annual reporting.

2.2. This RFP provides instructions for submitting proposals, the procedure and criteria by which the Provider(s) will be selected and the contractual terms which will govern the relationship between the State of New Hampshire (State) and the awarded Bidder.

3. SCOPE OF WORK:

3.1. The Department of Administrative Services is seeking proposals from qualified firms to provide consulting support related to air permit requirements. This will primarily encompass the training of multiple staff members on the process to obtain, maintain and record usage for proper air permits to avoid high stake fines in the future. The core services expected to be provided by the successful bidder include:

3.1.1. Air Emissions Bid Support - Assist with the preparation and issuance of competitive bid documents and obtain pricing and agreements that are acceptable to the State and align with the State’s air emission consulting objectives. Consulting services expected to be procured include:

3.1.1.1. Environmental Protection Agency (EPA) Published Factors

3.1.1.1.1. Assist agency with the knowledge and understanding of how the EPA describes and enforces emission tests and inspections

3.1.1.2. Mathematical training on various fuel types (oil, diesel, gasoline, etc.) and how emissions are calculated and inspected

3.1.1.3. Training of staff within the agency on continued reporting and maintenance of ongoing permits required

3.1.2. Fuel Group Forecasting – Provide fuel market monitoring and risk analysis to advise and assist the State with various means of upgrading establishments with lower emission heating and power options as current sources life expectancy fails. This shall include assistance with budget projections, fuel pricing and availability, and weather data analysis. This must include short- and long-term forecasting with notifications of market fluctuations that can or may impact the State.

4. TIMELINE:

4.1. The following table provides a schedule of events for this RFP. The State reserves the right to amend this schedule at its sole discretion and at any time through a published Addendum.

RFP Solicitation distributed on or by: 1/29/2025 Last day for questions, clarifications, and/or requested changes to bid:

2/7/2025

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

2/12/2025

RFP Closing (Eastern Time): 2/14/2025 10:00:00 AM Agency Interviews with Top 3 Qualified Bidders: 2/17/25 – 2/21/25

SECTION II: RFP AND CONTRACT TERMS AND CONDITIONS

5. TERMS OF SUBMISSION:

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART

HEREOF.

5.7. 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.

6. GOVERNING TERMS AND CONDITIONS:

6.1. 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.

6.2. 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.

6.3. 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.

7. CONFIDENTIALITY OF A PROPOSAL:

7.1. Unless necessary for the approval of a contract, the substance of a proposal must remain confidential until the

Effective Date of any Contract resulting from this RFP. A Bidder’s disclosure or distribution of Proposals other than to the Bureau of Purchase and Property will be grounds for disqualification.

8. ELECTRONIC POSTING OF RESULTING CONTRACT:

8.1. RSA 91-A obligates disclosure of contracts resulting from responses to RFPs. As such, the Secretary of State provides to the public any document submitted to G&C for approval, and posts those documents, including the contract, on its website. Further, RSA 9-F:1 requires that contracts stemming from RFPs be posted online. By submitting a proposal, Vendors 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 RFP), any contract resulting from this RFP that is submitted to G&C for approval will be made accessible to the public online via the State’s website.

9. NON-COMITTMENT:

9.1. Notwithstanding any other provision of this RFP, this RFP does not commit the State to award a Contract. The State reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

10. NON-COLLUSION:

10.1. The Bidder’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and Work quoted have been established without collusion with other Contractors and without effort to preclude the State from obtaining the best possible competitive Proposal.

11. PROPOSAL PREPARATION COST:

11.1. By submitting a Proposal, a Vendor agrees that in no event shall the State be either responsible for or held liable for any costs incurred by a Vendor in the preparation of or in connection with the Proposal, or for work performed prior to the Effective Date of a resulting Contract.

12. ETHICAL REQUIREMENTS:

12.1. From the time this RFP 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 an RFP, 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 bidding on the RFP, or similar request for submission and every such bidder shall be disqualified from bidding on any RFP or similar request for submission issued by the State. 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 (DAS), 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.

13. DEBARMENT:

13.1. Vendors 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 proposal.

14. NON-EXCLUSIVE CONTRACT:

14.1. Any resulting Contract from this RFP 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.

15. CONTRACT AWARD:

15.1. The award shall be made to the Bidder meeting the criteria established in this RFP and providing the highest

Evaluation score. The State reserves the right to reject any or all proposals or any part thereof. If an award is made, it shall be in the form of a State of New Hampshire Contract. Any resulting Contract is contingent upon approval of the Contract by Governor and Executive Council of the State of New Hampshire and upon continued appropriation of funding for the Contract. If an award is made, it shall be in the form of a State of NH contract.

15.2. Should the State be unable to reach agreement with the selected Vendor during contract discussions, the State may then undertake contract discussions with the second highest scoring Vendor and so on, or the State may reject all proposals, cancel this RFP, or solicit new proposals under a new procurement process.

16. NOTIFICATION AND AWARD OF CONTRACT:

16.1. 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).

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

16.3. 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.

17. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

17.1. 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.

17.2. 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:

17.3. If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed https://apps.das.nh.gov/bidscontracts/bids.aspx 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.

17.4. 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.

17.5. 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.

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

17.6.1. 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;

17.6.2. 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

17.6.3. 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;

17.6.4. 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.

18. TERMINATION:

18.1. The State of New Hampshire shall have the right to terminate the contract at any time by giving the successful

Bidder a thirty (30) day written notice.

19. VENDOR CERTIFICATIONS:

19.1. All Vendors must be duly registered as a vendor authorized to conduct business in the State of New Hampshire.

19.2. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to award, Vendors 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.

19.3. NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: An award, in the form of a contract(s), will ONLY be awarded to a Vendor who is registered to do business AND in good standing with the State of New Hampshire. 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/.

19.4. CONFIDENTIALITY & CRIMINAL RECORD: If required by the using agency, the Vendor will have signed by each of its employees or its approved sub-contractor(s), if any, working in the office or externally with the State of New Hampshire records a Confidentiality form and Criminal Record Authorization Form. These forms shall be returned to the individual using agency prior to the start of any work.

20. STANDARD CONTRACT TERMS:

20.1. The State may consider modifications of this form during negotiations. To the extent that a Bidder believes that exceptions to the standard form contract will be necessary for the vendor to enter into the Agreement, the Bidder should note those issues during the Bidder inquiry period. The State will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. If the State accepts a Bidder’s exception the State will, at the conclusion of the inquiry period, provide notice to all potential bidders of the change to the P-37 and indicate that change is available to all potential bidders.

20.2. Any exceptions to the standard form contract that are not raised during the vendor inquiry period are waived. In no event is a Bidder to submit its own standard contract terms and conditions as a replacement for the State’s terms in response to this solicitation.

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

21. CONTRACT TERM:

21.1. The term of the contract shall commence on April 1, 2025, or upon approval of the Governor and Executive Council, whichever is later, through March 31, 2027, a period of approximately two (2) years.

21.2. The contract may be extended for up to an additional one (1) year 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.

21.3. The Contract may be amended, by agreement of the parties, without further approval needed by the executive council if the price limitation is unchanged or decreased as a result of new or deleted location.

22. SUBCONTRATORS:

22.1. The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether a

Subcontractor is used. The State will consider the Vendor to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from any Contract.

22.2. Any contract resulting from this RFP shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Vendor without prior written approval by the State.

22.3. If subcontractors are to be used, the Vendor must clearly explain their participation.

22.4. If subcontractors are to be used, please include information regarding the proposed subcontractors including the name of the company, their address, contact person and three references for clients they are currently servicing.

22.5. Subcontractors must abide by all terms and conditions under any resultant contract.

23. TERMS OF PAYMENT:

23.1. Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the State’s satisfaction.

23.2. 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.

24. VENDOR RESPONSIBILITY:

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

24.2. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.

24.3. It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which the

Vendor desires to participate. It is also the Vendor’s responsibility to access our website for any posted addenda.

24.4. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked.

24.5. It is the prospective Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response.

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

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

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

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

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

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

24.8. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the State’s

Contracting Office listed in Box 1.9 of Form P-37.

24.9. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at:

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

25. IF AWARDED A CONTRACT:

1.2. The Vendor must complete the following sections of the attached Agreement State of New Hampshire Form #P-37;

Section 1.3 Contractor(s) Name https://www.nh.gov/treasury/state-vendors/index.htm https://www.das.nh.gov/purchasing/vendorresources.aspx

Section 1.4 Contractor(s) Address Section 1.11 Contractor(s) Signature Section 1.12 Name & Title of Contractor(s) Signor

25.1. Provide a certificate of good standing from the NH Secretary of State or proof of your completion of and payment for the start of the registration process.

25.2. Provide certificate of workers’ compensation.

25.3. Provide certificate of insurance with the minimum limits required as described below.

25.3.1. Bidders awarded a contract(s) shall be required to submit proof of Comprehensive General Liability prior to performing any services for the State. The coverage shall include general liability insurance 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.

26. VENDOR CONTRACT INFORMATION:

26.1. Please provide contact information below for a person knowledgeable of and who can answer questions regarding this proposal response.

Contact Person Local Telephone Number Toll Free Telephone Number

E-mail Address Company Website

Vendor Company Name Vendor Address

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

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SECTION III: PROPOSAL SUBMISSION, DEADLINE, AND INSTRUCTIONS

27. RFP SUBMISSION:

27.1. 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.

27.2. Proposals submitted in response to this RFP must be received by the Bureau of Purchase and Property no later than the time and date specified in the Timeline section, herein. Proposals may be submitted by email to NH.Purchasing@DAS.NH.Gov, U.S. mail, or other delivery service.

27.3. If emailing submission, include one complete proposal with pricing as a separate document.

27.4. If hard copy submission, include one complete proposal with pricing and five (5) copies.

27.5. Hard copy proposals must be addressed to:

RFP 466-25, James Poulin, Purchasing Agent NH Bureau of Purchase & Property 25 Capitol Street Room 102 Concord NH 03301

27.6. Email responses must be labeled with the following information:

State of New Hampshire RFP 466-25 Due Date: February 7, 2025 @ 11:00 AM (EST) Air Emission and Permitting Consulting Services

27.7. Late submissions will not be accepted and will be returned to the bidders unopened. Delivery of the Proposals shall be at the bidder’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the Bureau of Purchase and Property, in accordance with its established policies, as having been received at the location designated above. The State accepts no responsibility for mislabeled mail or mail that is not delivered or is undeliverable for any reason. Any damage that may occur due to shipping shall be the Bidder’s responsibility.

28. PROPOSAL INQUIRIES:

28.1. All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and any changes to the RFP, shall be submitted via email to James Poulin at James.M.Poulin@das.nh.gov.

28.2. Inquiries must be received no later than the conclusion of the Bidder Inquiry Period (see Timeline). Inquiries received later than the conclusion of the Bidder Inquiry Period shall not be considered properly submitted and may not be considered.

28.3. Responses to all questions will be compiled in writing and posted on the following website:

https://apps.das.nh.gov/bidscontracts/bids.aspx, Bureau of Purchase and Property bid page. It is the responsibility of all interested parties to go to the website to obtain a copy of the Question & Answer Summary. Only those answers issued in writing on the website will be considered binding.

29. ADDENDA:

29.1. In the event it becomes necessary to add to or revise any part of this RFP prior to the scheduled submittal date, the

Bureau of Purchase and Property will post on our web site any Addenda at https://apps.das.nh.gov/bidscontracts/bids.aspx. Before your submission and periodically prior to the RFP closing, vendors are required to check the site for any addenda or other materials that may have been issued affecting the

RFP.

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

30. VALIDITY OF PROPOSAL:

30.1. Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of proposals in the timeline posted in Section I. Timeline, or until the effective date of any resulting Contract, whichever is later.

31. NUMBER OF AWARDS:

31.1. The State anticipates making one (1) award as a result of this RFP process.

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

32. PROPOSAL FORMAT:

32.1. Elaborate proposals beyond what is sufficient to present a complete and effective proposal are not desired. Proposals should adhere to the following outline:

• File #1 – [Bidder Name]: PDF format preferred Completed - Proposal Cover Page and Transmittal Letter (Appendix A) Debarment, Performance and Non-Collusion Certification (Appendix B)

• File #2 – [Bidder Name]: PDF format preferred

Organization Qualifications and Experience (Appendix C and all related/required attachments stated in PART IV, B., Section I.)

• File #3 – [Bidder Name]: PDF format preferred

Proposed Services (and all related/required attachments stated in PART IV, B., Section II.)

• File #4 – [Bidder Name]: PDF format preferred

Cost Proposal (Appendix D and all related/required attachments stated in PART IV, B., Section III.)

32.2. All pages of a Bidder’s proposal should be numbered consecutively beginning with number 1 on the first page of the narrative (this does not include the cover page or table of contents pages) through to the end, including all forms and attachments. For clarity, the Bidder’s name should appear on every page, including Attachments. Each Attachment must reference the section or subsection number to which it corresponds.

32.3. The Bidder is asked to be brief and concise in responding to the RFP questions and instructions.

32.4. All electronic documents should be formatted for printing as formatting will not be adjusted prior to printing and reviewing these documents.

32.5. The Bidder may not provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated.

32.6. Include any forms provided in the submission package or reproduce those forms as closely as possible. All information should be presented in the same order and format as described in the RFP.

32.7. It is the responsibility of the Bidder to provide all information requested in the RFP package at the time of submission. Failure to provide information requested in this RFP may, at the discretion of the Department’s evaluation review team, result in a lower rating for the incomplete sections or may result in disqualification of the proposal.

32.8. The Bidder should complete and submit the “Proposal Cover Page” provided in Appendix A of this RFP and provide it with the Bidder’s proposal. It is important that the cover page show the specific information requested, including Bidder address(es) and other details listed. The proposal cover page shall be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

32.9. The Bidder should complete and submit the “Debarment, Performance and Non-Collusion Certification Form” provided in Appendix B of this RFP. Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department.

33. PROPOSAL CONTENTS:

33.1. Organization Qualifications and Experience

33.1.1. Overview of the Organization:

The Bidder is to complete Appendix D (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in this RFP. The Bidder is also to include three examples of projects which demonstrate their experience and expertise in performing these services as well as highlighting the Bidder’s stated qualifications and skills.

33.1.1.1. If applicable, please provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP.

33.1.2. Organizational Chart:

33.1.2.1. Provide an organizational chart of the bidder’s organization. The organization chart must include the project being proposed. Each position must be identified by position title and corresponding to the personnel job descriptions and the Staffing Plan provided.

33.1.3. Litigation:

33.1.3.1. Attach a list of all current litigation in which the Bidder is named and a list of all closed cases that have closed within the past five (5) years in which Bidder paid the claimant either as part of a settlement or by decree. For each, list the entity bringing suit, the complaint, the accusation, amount, and outcome. If no litigation will be included, write “none” on submitted attachment.

Any pending litigation?

33.1.3.2. Is there any existing or potential conflict of interest with regard to any work performed or to be performed by your company with the State of NH?

33.1.4. Financial Viability:

33.1.4.1. Provide the following information for each of the past three tax years:

33.1.4.1.1. Balance Sheets

33.1.4.1.2. Income (Profit/Loss) Statements

33.1.4.1.3. Licensure/Certification

33.1.4.2. Provide documentation of any applicable licensure/certification or any specific credentials required to provide the proposed services.

33.1.5. Certificate of Insurance:

33.1.5.1. Provide a certificate of insurance on a standard Acord form (or the equivalent) evidencing the

Bidder’s general liability, professional liability and any other relevant liability insurance policies that might be associated with the proposed services.

33.2. Services to be Provided

33.2.1. Discuss the Scope of Services referenced above in Section I, 2. Scope of Work of this RFP and address what the Bidder will offer, as well as potential strategies or methods you would have the State consider.

Give particular attention to describing the processes and resources you will use and how you will accomplish the tasks involved. Also, describe how you will ensure expectations and/or desired outcomes as a result of these services will be achieved. If subcontractors are involved, clearly identify the work each will perform.

33.2.2. What are your company’s expectations in the event of an award?

33.3. Cost Proposal

33.3.1. General Instructions:

33.3.1.1. The Bidder must submit a cost proposal that covers the entire period of the initial contract.

33.3.1.2. The cost proposal shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFP requirements.

33.4. No costs related to the preparation of the proposal for this RFP or to the negotiation of the contract with the

Department may be included in the proposal. Only costs to be incurred after the contract effective date that are specifically related to the implementation or operation of contracted services may be included.

33.5. Cost Proposal Form Instructions

33.5.1. The Bidder should fill out Appendix E (Cost Proposal Form), following the instructions detailed here and in the form. Failure to provide the requested information, and to follow the required cost proposal format provided, may result in the exclusion of the proposal from consideration, at the discretion of the Department.

34. ADMINISTRATIVE SPECIFICATIONS

34.1. Project Staff

34.1.1. The State, at its sole expense, may conduct reference and background checks on the Vendor’s Project Staff. The State shall maintain the confidentiality of reference and background screening results. The State reserves the right to reject the Vendor’s Project Staff as a result of such reference and background checks. The State also reserves the right to require removal or reassignment of the Vendor’s Key Project Staff found unacceptable to the State.

34.2. Travel Expenses

34.2.1. The State will not be responsible for any travel or out of pocket expenses incurred in the performance of the Services.

34.2.2. The Vendor must assume all travel and related expenses by “fully loading” the proposed labor rates to include, but not limited to: meals, hotel/housing, airfare, car rentals, car mileage, and out of pocket expenses.

34.3. Force Majeure

34.3.1. Neither Vendor nor the State shall be responsible for delays or failures in performance resulting from events beyond the control of such party and without fault or negligence of such party. Such events shall include, but not be limited to, acts of God, strikes, lock outs, riots, and acts of War, epidemics, acts of Government, fire, power failures, nuclear accidents, earthquakes, and unusually severe weather.

34.3.2. Except in the event of the foregoing, Force Majeure events shall not include Vendor’s inability to hire or provide personnel needed for the Vendor’s performance under any resulting contract.

SECTION III: PROPOSAL EVALUATION AND SELECTION

35. EVALUATION PROCESS – GENERAL INFORMATION:

35.1. The State’s designated evaluation team will review and score (based on consensus) proposals received in accordance with the criteria defined in the RFP.

35.2. Officials responsible for making decisions on the selection of a contractor shall ensure that the selection process accords equal opportunity and appropriate consideration to all who are capable of meeting the specifications. The goals of the evaluation process are to ensure fairness and objectivity in review of the proposals and to ensure that the contract is awarded to the Bidder whose proposal provides the best value to the State of New Hampshire.

35.3. The Department reserves the right to communicate and/or schedule interviews/presentations with Bidders if needed to obtain clarification of information contained in the proposals received, and the Department may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations.

Interviews/presentations are not required, and changes to proposals will not be permitted during any interview/presentation process. Therefore, Bidders should submit proposals that present their rates and other requested information as clearly and completely as possible.

36. SCORING WEIGHTS AND PROCESS:

36.1. Scoring Weights: The score will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria:

36.1.1. Section I. Organization Qualifications and Experience (10 points)

36.1.2. Interview (20 points)

36.1.3. Section II. Proposed Services (10 points)

36.1.4. Section III. Cost Proposal (60 points)

36.2. Scoring Process: The review team will use a consensus approach to evaluate and score Sections I & II above.

Section III, the Cost Proposal, will be scored as described below.

36.3. Scoring the Cost Proposal: The hourly rate proposed for conducting all the functions specified in this RFP will be assigned a score according to a mathematical formula. The lowest hourly rate will be awarded all 60 points.

Proposals with higher hourly rates will be awarded proportionately fewer points calculated in comparison with the lowest.

36.4. The scoring formula is:

36.4.1. (Lowest submitted hourly rate / Hourly rate of proposal being scored) x 60 = pro-rated score

37. ACCEPTING AND EVALUTATING PROPOSALS:

37.1. The State reserves the right to:

37.1.1. Make independent investigations in evaluating Proposals;

37.1.2. Request additional information to clarify elements of a Proposal;

37.1.3. Waive minor or immaterial deviations from the RFP requirements, if determined to be in the best interest of the State;

37.1.4. Omit any planned evaluation step if, in the State’s view, the step is not needed; and

37.1.5. At its sole discretion, reject any and all Proposals at any time

38. NEGOTIATIONS:

38.1. The Department reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of service as presented in the selected proposal. Such negotiations may not significantly vary the content, nature or requirements of the proposal or the Department’s Request for Proposals to an extent that may affect the price of goods or services requested. The Department reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Department may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFP, at its sole discretion.

SECTION IV: PROPOSAL EVALUATION AND SELECTION

39. CONTRACT DOCUMENT:

39.1. The successful Bidder will be required to execute a State of New Hampshire Service Contract with appropriate riders as determined by the issuing department.

39.2. The complete set of standard State of New Hampshire Service Contract documents, along with other forms and contract documents commonly used by the State, may be found on the Bureau of Purchase and Property website at the following link: Bureau of Purchase and Property page.

39.3. Allocation of funds is final upon successful negotiation and execution of the contract, subject to the review and approval of the State Procurement Review Committee. Contracts are not considered fully executed and valid until approved by the State Procurement Review Committee and funds are encumbered.

39.4. The State recognizes that the actual contract effective date depends upon completion of the RFP process, date of formal award notification, length of contract negotiation, and preparation and approval by the State Procurement Review Committee. Any appeals to the Department’s award decision(s) may further postpone the actual contract effective date, depending upon the outcome. The contract effective date listed in this RFP may need to be adjusted, if necessary, to comply with mandated requirements.

39.5. In providing services and performing under the contract, the successful Bidder(s) shall act as an independent contractor and not as an agent of the State of New Hampshire.

40. STANDARD STATE AGREEMENT PROVISIONS:

40.1. Agreement Administration

40.1.1. Following the award, an Agreement Administrator from the Department will be appointed to assist with the development and administration of the contract and to act as administrator during the entire contract period. Department staff will be available after the award to consult with the successful Bidder in the finalization of the contract.

40.2. Payments and Other Provisions

40.2.1. The State anticipates paying the Contractor on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of New Hampshire contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFP.

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

SECTION V: LIST OF APPENDICES AND RELATED DOCUMENTS

41. LIST OF RFP APPENDICES AND RELATED DOCUMENTS

41.1. Appendix B – Proposal Cover Page

41.2. Appendix C – Debarment, Performance and Non-Collusion Certification

41.3. Appendix D – Qualifications and Experience Form

41.4. Appendix E – Cost Proposal Form

41.5. Appendix F – Submitted Question Form

41.6. Appendix A – Sample P-37 Contract

APPENDIX B

State of New Hampshire Department of Administrative Services

Bureau of Purchase and Property

PROPOSAL COVER PAGE

RFP# 466-25

Air Emissions and Permitting Consulting Services

Bidder’s Organization Name:

Chief Executive - Name/Title:

Tel: E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

(Provide information requested below if different from above)

Lead Point of Contact for Proposal - Name/Title:

Tel: E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

• This proposal and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.

• No personnel currently employed by the Department or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal.

• No attempt has been made, or will be made, by the Bidder to induce any other person or firm to submit or not to submit a proposal.

• The above-named organization is the legal entity entering into the resulting agreement with the Department should they be awarded the contract.

• The undersigned is authorized to enter contractual obligations on behalf of the above-named organization.

To the best of my knowledge, all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name (Print):

Title:

Authorized Signature:

Date:

APPENDIX C

Department of Administrative Services Bureau of Purchase and Property

DEBARMENT, PERFORMANCE, and NON-COLLUSION CERTIFICATION

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this proposal:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

i. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.

ii. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

iv. Have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.

c. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Failure to provide this certification may result in the disqualification of the…