rfp-des-2026-05.pdf

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New Hampshire Clean Diesel Program Rolling Request for Proposals
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RFP DES 2026-05
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New Hampshire

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This is a Rolling Request for Proposals issued by the New Hampshire Department of Environmental Services (NHDES) for the Clean Diesel Program, funded through the United States Environmental Protection Agency's Diesel Emissions Reduction Act (DERA) Program. The RFP solicits proposals from eligible public entities to reduce diesel emissions through certified vehicle or equipment replacements, certified engine replacements, and verified idle reduction technologies. Eligible project types include non-road equipment replacement with EPA-certified diesel engines, CARB-certified low-NOx engines, and zero-tailpipe emission power sources such as battery-electric units, as well as marine, locomotive, and school bus engine replacements. Applications are accepted on a rolling basis with a monthly deadline of midnight on the 20th of each calendar month, with applicants notified of selection status within five business days of submission. The program schedule runs from August 20, 2025, through a required project completion date of September 30, 2026. No bidders' conference or site visits are specified in the RFP documentation.

NHDES has approximately $315,000 available for diesel emissions reduction project awards under this funding round. The program operates as a partial reimbursement program only, requiring applicants to cover full project costs upfront and provide non-federal matching funds; for non-road equipment replacements with EPA-certified diesel engines, the maximum grant funding is 25% with a mandatory 75% cost-share, while zero-tailpipe emission replacements offer up to 45% grant funding with a 55% cost-share requirement. Eligible applicants are limited to public entities including state and local government agencies, municipalities, public schools and school districts, public colleges and universities, and public transit agencies. All existing vehicles, engines, or equipment replaced through the program must be scrapped, and no funds may be used for emissions reductions mandated under federal law. Project costs are evaluated based on EPA's DERA State Grants Program Guide, and proposals will be scored on clarity, cost-effectiveness of emissions reductions, and additional environmental benefits, with bonus points available for alternative fuel technologies and projects benefiting priority communities with high poverty rates.

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New Hampshire Clean Diesel Program | Request for Proposals

Open to public entities; accepted on a rolling basis

August 20, 2025

Table of Contents

Section 1. Information and instructions

1.1 Title and purpose

1.2 Background

1.3 Available funding, restrictions, and reimbursement

1.4 Designated contact email address

1.5 Program schedule

1.6 Project proposal application submittal

1.7 Project costs

1.8 Project award effective dates and completion dates

1.9 Definitions

1.10 Eligible applicants

1.11 Eligible projects and funding parameters

1.12 Ownership, usage and remaining life requirements

Section 2. General conditions

Section 3. Proposal evaluation and award

Section 4. RFP terms and conditions

4.1 Proposal preparation cost

4.2 RFP addendum

4.3 Property of the state

4.4 Proposal confidentiality

4.5 Public disclosure

4.6 Electronic posting of RFP results and resulting grant agreement

4.7 Non-commitment

Section 1. Information and instructions

1.1 Title and purpose

Title: New Hampshire Clean Diesel Grant Program: Rolling Request for Proposals

Purpose: The United States Environmental Protection Agency (EPA) Diesel Emissions Reduction Act

(DERA) Program, through state-run programs, funds projects that protect human health and improve air quality by reducing harmful emissions from diesel engines. Through the NH Clean Diesel Grant Program, the New Hampshire Department of Environmental Services (NHDES) seeks proposals for eligible diesel emission reduction projects utilizing NH’s remaining DERA funding.

1.2 Background

Despite today’s cleaner vehicles and fuels, millions of 2009 and older diesel vehicles and engines in use across the United States continue to emit large amounts of nitrogen oxides (NOx), particulate matter

(PM), and air toxics that contribute to serious public health problems including asthma, lung cancer, and various other cardiac and respiratory diseases that can cause lung damage and even premature death.

Replacing older diesel equipment will reduce emissions of these pollutants and greenhouse gas emissions, including carbon dioxide (CO2).

Although future funding is not guaranteed, NHDES has been awarded DERA funding from EPA on an annual basis and has made those funds available through a competitive grant program. Since 2015, NHDES has awarded approximately $3,250,000 for eligible projects. Completed projects will result in emissions reductions of approximately 272 tons of NOx, 9.9 tons of PM, and 10,000 tons of CO2 over the lifetime of the projects.

1.3 Available funding, restrictions and reimbursement

NHDES has approximately $315,000 available for diesel emissions reduction project awards.

Project eligibility for this round of funding is intended to complement, and not duplicate, the eligible project types under NHDES’ Volkswagen Mitigation Trust Granite State Clean Fleets (GSCF) grant program. Entities who find their projects ineligible for funding under this iteration of the NH Clean

Diesel Program may find that their project is eligible for funding under the GSCF program.

NHDES plans to administer this program on a rolling monthly basis until all the available funding has been obligated. NHDES plans to score complete and accurate project proposal applications received on or before midnight of the 20th of each calendar month and notify selected applicants electronically within five (5) business days (e.g., applicants applying on or before September 20th would be notified of selection status by September 26th).

This program is a partial reimbursement program only. Applicants must cover the full cost of the project upfront prior to seeking partial reimbursement for eligible project costs. Participants must provide non-federal matching funds for all projects. All existing vehicles, engines or equipment replaced through this program must be scrapped.

https://www.des.nh.gov/business-and-community/loans-and-grants/volkswagen-mitigation-trust/granite-state-clean-fleets https://www.des.nh.gov/business-and-community/loans-and-grants/volkswagen-mitigation-trust/granite-state-clean-fleets

No funds awarded under this program shall be used to fund the cost of emissions reductions that are mandated under federal law. This restriction applies when the mandate takes effect (the effective date) for any affected vehicles, engines, or equipment.

This Request for Proposals (RFP), as well as the associated Appendix B: EPA’s DERA State Grants Program

Guide, which can be found on the NHDES website’s New Hampshire Clean Diesel Grant Program webpage, details certain eligibility requirements. After ensuring your project meets the comprehensive project eligibility requirements, please submit your proposal to the designated contact email address below.

1.4 Designated contact email address

Any questions related to this RFP must be submitted by email or phone to either the Mobile Sources

Grants inbox at ms-grants@des.nh.gov or (603) 271-8330. Common questions and responses can be found in the Frequently Asked Questions (FAQ) document on the New Hampshire Clean Diesel Program webpage.

1.5 Program schedule

The following schedule is subject to change at NHDES’ discretion. Such changes will be posted to the

New Hampshire Clean Diesel Program webpage.

Event Date/Deadline

RFP opens August 20, 2025

Rolling monthly application due date Every 20th day of the month by midnight

Anticipated date of notification of selection

Within five (5) business days of the 20th of the month in which a complete and accurate application was received (e.g., applicants who applied on or before September 20th would be notified by September 26th)

Project award effective date

The date that a grant agreement is approved by the

New Hampshire Governor and Executive Council

(G&C)

Required project completion date September 30, 2026

1.6 Project proposal application submittal

Project proposals must comply with the following parameters for submission:

a. Follow the format of and provide all information requested in the project proposal form (found on the New Hampshire Clean Diesel Program webpage) included in either:

i. Appendix A1 (for vehicle/engine/equipment projects) or https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1017V7B.pdf https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1017V7B.pdf https://www.des.nh.gov/business-and-community/loans-and-grants/dera https://www.des.nh.gov/business-and-community/loans-and-grants/dera mailto:ms-grants@des.nh.gov tel:+16032718330 https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/dera-faq.pdf https://www.des.nh.gov/business-and-community/loans-and-grants/dera https://www.des.nh.gov/business-and-community/loans-and-grants/dera https://www.des.nh.gov/business-and-community/loans-and-grants/dera https://www.des.nh.gov/business-and-community/loans-and-grants/dera https://onlineforms.nh.gov/?FormTag=NHDES-A-03-023

ii. Appendix A2 (for off-board idle reduction projects for marine vessels, locomotives, or long-haul trucks).

b. Be signed (electronically or physically) and submitted electronically by email attachment to the designated contact email address in Section 1.4, using the following subject line in the email: NH

DERA Rolling Program Proposal: [Name of your organization].

c. Additional documents, as requested in the project proposal forms, may be attached in different file formats (e.g. Excel or image files). No changes or additions to a proposal will be accepted after submittal, unless approved in advance by NHDES. NHDES staff may contact applicants for clarification of submitted information if deemed necessary.

Applicants submitting multiple units for replacement must submit each as separate project proposal applications and each application will be scored separately. There is no limit to the number of applications an entity may submit.

If an applicant is unable to submit a proposal electronically, please contact the NHDES Mobile Sources

Grants Program Coordinator via email at ms-grants@des.nh.gov or call (603) 271-8330 for instructions on alternate submittal options.

1.7 Project costs

For project cost eligibility, please refer to Section X. Part D: Vehicle and Equipment Costs of Appendix B:

EPA’s DERA State Grants Program Guide. Additional information can be found in Section C of the New

Hampshire Clean Diesel Grant Program’s FAQs.

Please note: Costs incurred in preparation of proposals in response to the RFP are the sole responsibility of the applicant.

1.8 Project award effective dates and completion dates

NHDES will develop grant agreements with applicants whose projects have been scored and selected for funding. Any costs incurred prior to the effective date of the grant agreement are ineligible for partial reimbursement without the prior written approval of NHDES. The effective date of the grant agreement is contingent upon G&C approval. Project completion for replacement projects is achieved through the procurement and registration (if applicable) of the replacement unit, scrappage of the original unit, completing installation of charging infrastructure (if applicable), and submission of invoice and proof-of-payment documentation for reimbursement. Project completion for idle reduction projects consists of the installation and operation of the idle reduction technology, and the submission of invoice and proof-of-payment documentation for reimbursement.

Projects must be completed by September 30, 2026.

1.9 Definitions

Throughout this RFP, the following definitions apply to the corresponding terms:

a. Unit: Vehicles, engines, or equipment eligible through this program.

https://onlineforms.nh.gov/?FormTag=NHDES-A-03-029 mailto:ms-grants@des.nh.gov tel:+16032718330 https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P101BLGX.pdf https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P101BLGX.pdf https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/dera-faq.pdf

b. Existing unit: The unit in current use and in the applicant’s possession at the time of application that is to be scrapped and replaced.

c. Replacement unit: The unit proposed to replace the existing unit through this program or the existing unit after it has been repowered.

d. School Bus: A diesel-powered Type A, B, C, or D bus which meets the National Highway

Transportation Safety Administration’s definition of a school bus. This definition includes but is not limited to: 1) a bus that is used for purposes that includes carrying students to and from school or related events on a regular basis; 2) is identified with the words “School Bus;” and 3) is painted National School Bus Glossy Yellow.

e. Vehicle Class: A vehicle’s weight class as determined by its Gross Vehicle Weight Rating (GVWR).

To determine a vehicle’s class by its GVWR, check the GVWR (e.g., on the vehicle’s registration or VIN tag) and then use the following definitions:

Class 5: 16,001-19,500 lbs. GVWR.

Class 6: 19,501-26,000 lbs. GVWR.

Class 7: 26,001-33,000 lbs. GVWR.

Class 8: 33,001 lbs. GVWR and above.

1.10 Eligible applicants

Eligible applicants include the following public entities:

a. State and local government agencies and departments.

b. Municipalities.

c. Public schools and school districts.

d. Public colleges and universities.

e. Public transit agencies.

Previous participation or prior selection does not preclude future participation in the program. Please see Section B. Applicant eligibility of the New Hampshire Clean Diesel Program’s FAQs for more information.

1.11 Eligible projects and funding parameters

To be eligible, projects must reduce diesel emissions through:

a. Certified vehicle or equipment replacements.

b. Certified engine replacements.

c. Verified idle reduction technologies.

Certain restrictions are listed in Appendix B: EPA’s DERA State Grants Program Guide (particularly

Section VIII pages 9-15 and Section X, pages 18-32). Applicants should review this guide to ensure their proposed project is eligible.

The grant funding and mandatory cost-share of approved projects are determined by the project type.

The tables below provides an overview of the maximum grant funding limits and minimum mandatory https://afdc.energy.gov/data/10380 https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/dera-faq.pdf https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1017V7B.pdf cost-share requirements for each eligible technology. Review Appendix B: EPA’s DERA State Grants

Program Guide for further details, including links to EPA certification databases.

Table 1. Non-road project funding and eligibility overview (for construction, cargo handling, marine, agriculture, mining and energy production sectors)

Unit or Engine Type Engine Tier

Restriction

Maximum

Grant

Funding

Minimum

Mandatory

Cost-Share

Non-road equipment replacement with EPA-certified diesel engine (e.g. diesel-powered graders, skid steer loaders, snow groomers, excavators, etc.)

Existing unit must be

Tier 0-3; Replacement unit must be Tier 4 25% 75%

Non-road equipment replacement with CARB-certified low-NOx engine* (certain LPG and CNG units; e.g. CNG-powered ice resurfacers)

Existing unit must be

Tier 0-3 35% 65%

Non-road equipment replacement with zero-tailpipe emission power source, such as battery-electric (e.g. electricity-powered wheel loader)

Existing unit can be any

Engine Tier 45% 55%

Marine engine replacement with EPA-certified diesel engine (<803 horsepower)

Existing unit must be

Tier 0-2; Replacement unit must be Tier 3.

40% 60%

Marine engine replacement with EPA-certified diesel engine (≥804 horsepower)

Existing unit must be

Tier 0-2; Replacement unit must be Tier 3 or

4.

40% 60%

Non-road engine replacement with EPA-certified diesel engine

Existing unit must be

Tier 0-3. Replacement unit must be Tier 4

40% 60%

Non-road engine replacement with CARB-certified low-NOx engine*

Existing unit must be

Tier 0-3 50% 50%

Non-road engine replacement with zero-tailpipe emission power source, such as battery electric

Existing unit can be any

Engine Tier 60% 40%

*Refer to EPA’s Low NOx fact sheet for help in identifying certified Low NOx Engines. Note that as of

October 3, 2023, no diesel engines have been certified as meeting the CARB Optional Low NOx

Standard.

https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1017V7B.pdf https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1017V7B.pdf https://nepis.epa.gov/Exe/ZyPDF.cgi/P10119PZ.PDF?Dockey=P10119PZ.pdf

Table 2. On-road project funding and eligibility overview (for class 5-8 trucks, transit and shuttle buses, and school buses of Types A, B, C, and D)

Unit Type Engine Model Year

(EMY) Restriction

Maximum

Grant

Funding

Minimum

Mandatory

Cost-Share

Drayage truck replacement with zero-tailpipe emission power source, such as battery-electric Existing unit must be

EMY 2010 or newer 50% 50%

On-road vehicle replacement with zero-tailpipe emission power source, such as battery-electric Existing unit must be

EMY 2010 or newer 45% 55%

On-road engine replacement with CARB certified low-NOx engine* (certain LPG and CNG units)

Existing engine can be any EMY 50% 50%

On-road engine replacement with zero-tailpipe emission power source (such as battery electric)

Existing engine can be any EMY 60% 40%

*Refer to EPA’s Low NOx fact sheet for help in identifying certified Low NOx Engines. Note that as of

October 3, 2023, no diesel engines have been certified as meeting the CARB Optional Low NOx

Standard.

Table 3. Idle reduction project funding and eligibility overview

Idle Reduction Project Type Additional Requirements Maximum

Grant

Funding

Minimum

Mandatory

Cost-Share

EPA-verified electrified parking space and truck stop idle reduction technologies*

Proposed technology and infrastructure must be Build

America, Buy America (BABA) compliant

30% 70%

*Only EPA-verified idle reduction technologies are eligible. The types of idle reduction technologies proposed for funding under this category must exist on EPA’s list of SmartWay Technology for the vehicle/engine use specified in the application at the time of application submission.

1.12 Ownership, usage and remaining life requirements

The following eligibility criteria apply to all projects except for idle reduction projects. Each existing unit must:

a. Be equipped with a diesel-powered engine.

b. Operate the majority of the time in New Hampshire.

c. Be fully operational and in regular service.

https://nepis.epa.gov/Exe/ZyPDF.cgi/P10119PZ.PDF?Dockey=P10119PZ.pdf https://www.epa.gov/verified-diesel-tech/smartway-verified-list-idling-reduction-technologies-irts-trucks-and-school

d. Have a minimum of three years of anticipated operational life remaining. Applicants must include the anticipated date of retirement of the unit on the project proposal form included in

Appendix A1 of this RFP.

e. Be owned and operated by the applicant for at least two years prior to the anticipated date of the unit’s replacement.

f. Meet or exceed the corresponding usage requirement listed below. Note that for replacement projects, the usage of multiple units may be combined if they all are to be scrapped and replaced with a single unit.

i. Agricultural pumps: 250 hours per year during the two years prior to replacement.

ii. Locomotive and marine engines: 1,000 hours per year during the two years prior to replacement.

iii. All other non-road engines: 500 hours per year during the two years prior to replacement.

iv. School buses: 7,000 miles per year during the two years prior to replacement.

v. All other highway vehicles/engines: 7,000 miles per year during the two years prior to replacement.

Please note: NHDES will not seek waivers from EPA of unit ownership, remaining life, and minimum usage requirements. Projects must meet all the eligibility requirements above to be considered for funding.

Section 2. General conditions

If approved for funding, in addition to the scope of work detailed in the grant agreement, all recipients must confirm or perform the following:

1) Implementation requirements

a. For non-road unit replacement, the replacement unit’s engine horsepower must not exceed the existing unit’s engine horsepower by greater than 40%.

b. For highway unit replacement, the replacement unit must not be in a larger weight class (i.e.

Class 5-8) than the existing unit.

c. The replacement units/technology must be used in normal service (for replacements, in functions similar to their corresponding existing units) for a period of no less than five years. In the event that recipients sell or surplus their replacement units/technology within five years of the effective date of the grant agreement, recipients may be required to reimburse the State of

New Hampshire as specified in the grant agreement.

d. Electric vehicle supply equipment (EVSE) and electrified parking space technologies--including charging units, mounts, cables, and pedestals--funded through this Program are subject to Buy

America Sourcing requirements under the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). Please consider these requirements when preparing project and budget information. For more information, please visit EPA’s Build

America, Buy America website.

2) Information and communication requirements https://www.epa.gov/cwsrf/build-america-buy-america-baba https://www.epa.gov/cwsrf/build-america-buy-america-baba

a. Provide timely responses to NHDES to enable development and approval of a grant agreement in a timely manner.

b. Submit project status reports as described in the grant agreement. Project status reports shall contain, at a minimum, miles driven/hours of operation, fuel usage, and maintenance information for existing and replacement units for the reporting period, as applicable. Failure to report will be considered a violation of the terms of the grant agreement.

i. Quarterly status reports will be due on 1/15, 4/15, 7/15, and 10/15 of every year for two

(2) years from the effective date of the grant agreement.

ii. Subsequent to the quarterly reports, three (3) annual reports will be due on 1/15 of every year, beginning the January following the last quarterly report.

3) Service and scrappage requirements for unit replacement projects

a. Each existing unit must be taken out of service no later than 15 days from the date that the corresponding replacement unit is put into service.

b. Each existing unit must be scrapped within 90 days from the date that the corresponding replacement unit is put into service. Engines being replaced must be permanently disabled by creating a minimum 3-inch diameter hole in the engine block. Units being replaced must also be scrapped by cutting the chassis rail(s) in half. Representatives of NHDES must be allowed the opportunity to witness the destruction with a two-week (minimum) advance notice of the event.

i. The scrapped engine/chassis may be sold for scrap/salvage and funds put towards the mandatory match, so long as the value of the scrap/salvage is reported to NHDES.

Section 3. Proposal evaluation and award

Applications will be evaluated on the criteria in Table 4. Scoring criteria. If two or more proposals receive the same score, preference will be given to the proposal which NHDES staff determines to best align with EPA’s DERA funding priorities.

NHDES seeks to prioritize projects benefiting rural or resource-strapped New Hampshire communities, termed “Priority New Hampshire Communities.” These communities may be economically challenged with fleet and technology procurement, and/or may be disproportionately affected by higher levels of diesel pollution or legacy environmental issues. To this end, NHDES has assembled a list of these Priority

New Hampshire communities, ranked by the percentage of individuals below the poverty line using New

Hampshire Employment Security’s NH Community Profiles data.

Projects benefiting these communities may receive up to five (5) or ten (10) bonus points, depending on the percentage of individuals below the poverty line ranking. The 50 communities with the highest individual poverty rates may receive up to ten (10) bonus points, contingent upon project impact;

communities ranked 51-100 on this list may receive up to five (5) bonus points, contingent upon project impact. Please see the full list of Priority New Hampshire communities and their respective bonus point eligibility on the New Hampshire Clean Diesel Program webpage for more information.

SEE NEXT PAGE FOR SCORING CRITERIA.

https://www.des.nh.gov/business-and-community/loans-and-grants/dera

Table 4. Scoring criteria

Scoring Criteria Maximum

Points

Proposal Clarity, Project Readiness & Funding Viability – Application is complete and directly addresses all questions asked. All aspects of project proposal are thoroughly developed. Project seems feasible within budget and will be completed within a reasonable timeframe.

Cost Effectiveness of NOx Reductions – Calculated using tools provided by the

Environmental Protection Agency (EPA) or National Renewable Energy Laboratory

(NREL).

Cost Effectiveness of PM2.5 Reductions – Calculated using tools provided by the

EPA or NREL. 20

Cost Effectiveness of CO2 Reductions – Calculated using tools provided by the

EPA or NREL. 10

Additional Benefits – Project provides benefits in addition to air quality, such as water quality, noise reduction, scalability, plans to showcase the project and/or economic or workforce development.

Total 100

Bonus Criteria Potential

Points

Alternative Fuel Bonus:

• 15 points for battery-electric, grid electric or hydrogen fuel cell electric.

• 10 points for propane, CNG or plug-in hybrid.

• 5 points for conventional hybrid.

Priority New Hampshire Communities Bonus – Project impacts an area identified as a Priority New Hampshire Community based on Individuals Below Poverty Line

Percentage. Rankings determined using New Hampshire Employment Security’s

New Hampshire Community Profiles data.

• Up to 10 points if community is ranked 1-50 in highest percentage of individuals below poverty line, contingent upon project impact.

• Up to 5 points if community is ranked 51-100 in highest percentage of individuals below poverty line, contingent upon project impact.

Total 125

Section 4. RFP terms and conditions

4.1 Proposal preparation cost

By submitting a project proposal application (proposal), an applicant agrees that in no event shall the

State be either responsible for or held liable for any costs incurred by an applicant in the preparation of or in connection with the proposal, or for work performed prior to the effective date of a resulting grant agreement.

4.2 RFP addendum

The State reserves the right to amend this RFP at its discretion, prior to the proposal submission deadline. In the event of an addendum to this RFP, the State, at its sole discretion, may extend the proposal submission deadline, as it deems appropriate.

4.3 Property of the state

All material received in response to this RFP shall become the property of the State and will not be returned to the applicant. Upon grant agreement award, the State reserves the right to use any information presented in any proposal.

4.4 Proposal confidentiality

Unless necessary for the approval of a grant agreement, the substance of a proposal must remain confidential until the effective date of any grant agreement resulting from this RFP. An applicant’s disclosure or distribution of proposals other than to the State may be grounds for disqualification.

4.5 Public disclosure

The information submitted in response to this RFP (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and presentations), any resulting grant agreement, and information provided during the provided during development of a grant agreement may be subject to public disclosure under Right-to-Know law, including RSA 91-A.

Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-

A:5, IV. If an applicant believes any information submitted in response to this RFP should be kept confidential, the applicant 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 applicant claims must be exempt from disclosure as “CONFIDENTIAL.”

Applicants must also submit a letter to the program contact for this RFP, identifying the specific page number and section of the information you consider to be confidential, commercial or financial and providing your rationale for each designation. Marking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the State. Applicants 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.”

Submissions which do not conform to these instructions by failing to provide a redacted copy (if necessary), by failing to provide 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 State as not conforming to the requirements of the proposal.

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

Notwithstanding an applicant’s designations, the State is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in a proposal. If a request is made to the State to view or receive copies of any portion of the proposal, the State shall first assess what information it is obligated to release. The State will then notify you that a request has been made, indicate what, if any, information the State has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the proposal.

To halt the release of information by the State, an applicant 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.

By submitting a proposal, applicants acknowledge and agree that:

• 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 program contact for this RFP;

• The State is not obligated to comply with an applicant’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and

• 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 an applicant.

4.6 Electronic posting of RFP results and resulting grant agreement 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 grant agreements resulting from this RFP, and posts those documents on its website). By submitting a proposal, applicants 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 grant agreement resulting from this RFP that is submitted to G&C for approval will be made accessible to the public online.

4.7 Non-commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the State to award a grant agreement. 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.

https://sos.nh.gov/administration/miscellaneous/governor-executive-council/ https://sos.nh.gov/administration/miscellaneous/governor-executive-council/

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