rfp-dot-2026-02--2-.pdf

STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

Request for Proposals (RFP) for

New Hampshire Rural Intercity Bus Program Services

RFP DOT 2026-01

Keene Intercity Bus Service

Release Date: February 4, 2026

RFP DOT 2026-01 Page 2 of 25

Contents SECTION 1 – Overview and Schedule

A. Goal of this procurement/Business needs:

B. Schedule

C. Description of Department and Program Issuing the Request for Proposals

D. Vendor Instructions

SECTION 2 – Requirements and Scope of Services

A. Minimum Vendor (Contractor/Subrecipient) Qualifications

B. Description of Services Being Requested

SECTION 3 - Contract Terms and Conditions

A. Reserved

B. Award

C. Standard Contract Terms

SECTION 4 –Request for Proposal Process

A. Department Point of Contact/Restriction of Contact with Department Employees

B. Vendor Inquiries

C. Reserved

SECTION 5 – RFP Terms and Conditions

A. Debarment

B. Proposal Preparation Cost

C. Validity of Proposal

D. RFP Addendum

E. Non-Collusion

F. Property of the Department

G. Proposal Confidentiality

H. Public Disclosure

I. Electronic Posting of RFP Results and Resulting Contract

J. Non-Commitment

K. Ethical Requirements

L. Challenges to Identification of Selected Vendor

M. Protest Procedures

N. Organizational Conflicts of Interest

RFP DOT 2026-01 Page 3 of 25

O. Federal Clauses and Certifications

P. Federal Aid Project

SECTION 6 –Evaluation of Proposals

A. Criteria for Evaluation and Scoring

B. Planned Evaluation Steps

C. Rights of the Department in Accepting and Evaluating Proposals

SECTION 7 – Process for Submitting a Proposal

A. Proposal Submission, Deadline, and Location Instructions

SECTION 8 – Proposal Content and Requirements

A. Proposals must contain the following:

SECTION 9 - Appendices

A. Appendix A – P-37 General Provisions and Standard Exhibits

B. Appendix B – Proposer Information Form

C. Appendix C – Cost Proposal Form – SFY 2027 & SFY 2028

D. Appendix D – Cost Proposal Form – SFY 2029 & SFY 2030

E. Appendix E – FTA Clauses, Lobbying Certification, Debarment Certification

F. Appendix F - Acknowledgement of Addenda

RFP DOT 2026-01 Page 4 of 25

SECTION 1 – Overview and Schedule

A. Goal of this procurement/Business needs:

The State of New Hampshire (State), acting through the New Hampshire Department of Transportation, Bureau of Rail and Transit (herein referred to as “NHDOT” or “Department”) is seeking Proposals from qualified firms (vendors, Proposers, offerors) to operate a subsidized intercity bus service in New

Hampshire, with daily bus service between Keene and Nashua or between Keene and Concord, as described in more detail in Section 2, “Requirements and Scope of Services” of this document.

This document provides background information on intercity bus service in New Hampshire, a policy framework, details on the desired intercity bus services, and important terms of the contract

NHDOT must comply with Federal Transit Administration (FTA) regulations pertaining to the Intercity Bus

Program. Additional information may be found at:

FTA Circular 9040.1H Chapter IX Intercity Bus Program

The Department seeks vendors who will submit proposals for one of the bus routes described in the Scope of

Work in this RFP. Vendors may submit separate proposals for each route. However, the Department anticipates awarding one (1) contract for one route that provides the best value to the State.

Qualified firms shall, at a minimum, have experience and expertise in providing public bus services and have thorough knowledge of the FTA regulations and requirements as well as other applicable federal and state regulations.

Hereinafter in this RFP, "vendor" means a person or firm who offers products or services for sale and

"selected vendor" means the qualified firm/respondent which has been identified by the Department as having received the best score for its proposal according to the criteria set forth in this RFP. NHDOT has determined that the selected vendor will be a contractor pursuant to 2 CFR 200.331.

Key Information

Number of Awards NHDOT anticipates awarding one (1) contract to a single selected vendor for one of the routes described in the Scope of Services in this solicitation.

Anticipated Contract

Effective Date:

July 1, 2026

Anticipated Contract End

Date:

June 30, 2028 (exclusive of renewal options) https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-09/C9040.1H-Circular-11-01-2024.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-09/C9040.1H-Circular-11-01-2024.pdf

RFP DOT 2026-01 Page 5 of 25

Renewal Options: The contract term may be extended by an additional term of up to two

(2) years at the sole option of the Department, subject to the parties’ prior written agreement and required governmental approvals including

Governor and Executive Council.

Funding Source: The Department anticipates using Federal funds for the resulting contract as follows:

FTA Section 5311(f) Intercity Bus funds

Catalog of Federal Domestic Assistance (CFDA) number 20.509

Note: The Department has received approval to provide up to $900,000 worth of (Turnpike) toll credits/transportation development credits.

Estimated Funding

Amount:

$1,800,000 (inclusive of option years)

Match Requirements Effectively 100% Federal Funds (There is no match requirement as the

Department will utilize approved toll credits to leverage federal funding for the duration of the contract period.)

Sole Point of Contact

(Project Manager):

Michael Pouliot, Transportation Specialist

Michael.G.Pouliot@dot.nh.gov

603-271-4043

Important Note From the date of release of this solicitation until an award is made and announced regarding the selection of a Vendor, 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 respondent or vendor during the selection process, unless otherwise authorized by the Point of Contact. Vendors may be disqualified for violating this restriction on communications.

B. Schedule

The following table provides a Schedule of Events for this RFP through contract finalization and approval. The

Department reserves the right to amend this Schedule at its sole discretion and at any time through a published Addendum. All times are according to Eastern Time.

mailto:Michael.G.Pouliot@dot.nh.gov

RFP DOT 2026-01 Page 6 of 25

EVENT DATE LOCAL TIME

RFP Released (Advertisement) February 4, 2026

Vendor Inquiry Period Ends February 27, 2026 3:00 PM

Final Department Responses to Inquiries March 6, 2026 3:00 PM

Proposal Due March 20, 2026 3:00 PM

Estimated Notification of Selection and Commencement of

Contract Negotiations April 8, 2026

Service Initiated (Estimated) July 1, 2026

C. Description of Department and Program Issuing the Request for Proposals

In this RFP, “Agency” or “Department” means the New Hampshire Department of Transportation (NHDOT).

"Vendor" means a person or entity who offers products or services for sale. "Selected vendor" means the qualified Bidder which has been identified by the Agency as having received the best score for its proposal according to the criteria set forth in this RFP.

Description of the Department/Bureau of Rail and Transit

NHDOT has been designated by the Governor as the State’s agency responsible for state administration of

FTA public transportation programs. The Bureau of Rail and Transit administers all applicable FTA programs, including, but not limited to:

• Applying for and managing all FTA grant agreements

• Allocating and managing the funding among different transportation programs

• Soliciting contractors/subrecipients for grant applications to provide the transportation programs through a fair and equitable process

• Ensuring public participation as appropriate

• Entering into agreements with contractors or subrecipients

• Reimbursing subrecipients/contractors for their services

• Providing oversight activities

• Providing technical assistance and training services to subrecipients/contractors

• Monitoring performance

• Reporting timely program and financial data to the FTA and to other stakeholders

Description of NH’s Public Transportation Program

Public transportation is crucial to New Hampshire citizens, who may choose to use or may rely on public and/or specialized transit services, for health, economic, or lifestyle reasons. The Department supports healthy and safe lifestyles for all citizens in NH through its mission: “Transportation excellence enhancing the quality of life in New Hampshire.”

RFP DOT 2026-01 Page 7 of 25

The Department’s Bureau of Rail and Transit manages the public transportation programs in New Hampshire with the goals of:

• Enhancing the access of all residents and others to employment, education, health care, public services, shopping, and recreation.

• Assisting in the maintenance, development, improvement, and coordination and use of public transportation systems, including specialized and human services transportation, in non-urban and urban areas.

• Improving the quality and availability of existing public and specialized transportation services.

The Department enters into agreements with subrecipients and contractors, e.g., nonprofit human service agencies, or for-profit providers, and transit systems that provide public and specialized transit services for citizens residing in non-urban (rural), small urban, and urban communities of New Hampshire. The

Department is not a direct provider of transit services.

The Department receives various types of grants (funding opportunities) from the United States Department of Transportation (USDOT), Federal Transit Administration (FTA) to support the delivery of the public and specialized transportation services in New Hampshire.

Description of Intercity Bus Service

Per FTA Circular 9040.1H, Chapter I, the definition of intercity bus service is as follows:

Regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers and makes meaningful connections with scheduled intercity bus service to the broader intercity bus network, if such service is available.

Intercity bus services funded under Section 5311(f) include those that support the connection between rural areas and the larger regional or national system of intercity bus service, meet the intercity travel needs of residents in rural areas, and support the infrastructure of the intercity bus network through planning, marketing assistance, and capital investment in facilities and equipment.

FTA provides the following characteristics of intercity bus service:

• Regularly scheduled bus service;

• Available to the general public;

• Makes limited stops;

• Operates on fixed routes;

• Connects two or more urban areas not in close proximity;

• Makes meaningful connections (if available);

• Predominantly passenger service (any package/goods service must be incidental);

• Not a commuter service; and

• Not air, water, or rail service (bus only).

https://www.transit.dot.gov/regulations-and-programs/fta-circulars/formula-grants-rural-areas-program-guidance

RFP DOT 2026-01 Page 8 of 25

Funds for operating intercity bus services or for capital projects can pass through the state to eligible subrecipients or to contractors. A subrecipient is defined as “a state or local governmental authority, a nonprofit organization, or operator of public transportation or intercity bus service that receives federal transit program grant funds indirectly through a recipient.” In contrast, a contractor is a public, private, or non-profit entity that operates a service or builds a project that is specified by the state (or a subrecipient).

The contractor simply executes a service or project that the state has defined and developed as part of a broader network or plan. The FTA regulations state that “in some instances, intercity bus providers may be unwilling or unable to accept the terms and conditions the state applies to subrecipients and may prefer to maintain a contractual relationship, in order to isolate the remainder of their operations from federal requirements related to a grant. The state may use either mechanism to provide assistance to private operators for intercity bus service.” The Department has determined that the selected vendor will be a contractor for the purposes of this RFP.

One of the items in the list is defined further in the regulations. Feeder service can be operated by a public transit agency in a rural area and can qualify for Section 5311(f) funding if it makes “meaningful connections with scheduled intercity bus service to more distant points.” The regulation does not define “meaningful connections” precisely, but it does note that “service that only incidentally stops at an intercity bus facility among other destinations within the city at either end of a route that covers a long distance, without regard to scheduled connections…is not an intercity feeder service.” Thus, a meaningful connection implies intentional schedule coordination with routes that are part of the broader intercity network. It is not the case that every intercity trip at a terminal would need to be served by a feeder connection, but every feeder trip does need to have a coordinated connection with an intercity trip. For the purposes of this solicitation, a meaningful connection must be within two hours of scheduled intercity bus service.

The feeder service could be demand responsive, or it could consist of “marketing and extended hours of service in order to connect with scheduled intercity bus service” on a route that serves other purposes the rest of the day. In such a case, only the cost associated with the extended service would be eligible under

Section 5311(f).

Objectives

The federal regulations specify three primary objectives of the Rural Intercity Bus Program:

1. Support connections between rural areas and the larger regional or national system of intercity bus service.

2. Support services to meet the intercity travel needs of residents in rural areas.

3. Support the infrastructure of the intercity bus network through planning and marketing assistance and capital investment in facilities.

These objectives comprise a large portion of NHDOT’s goals with respect to intercity bus in New Hampshire, but not the entirety of those goals. The Rural Intercity Bus Program in New Hampshire is intended to support the development of a “seamless” network of transportation services linking local transit with intercity modes.

Such services can include intercity bus services or feeder services from areas without intercity bus services.

The routes and capital projects funded by the program will support riders traveling from or to rural areas, RFP DOT 2026-01 Page 9 of 25 though the other end of their trips may be in urban areas. Projects will, in general, be funded in the following priority order:

1. Preservation of viable existing intercity bus services.

2. Implementation of new intercity bus services.

3. Provision of necessary and appropriate capital facilities and equipment.

For the purposes of this RFP, projects that offer services coordinated with other intercity bus services will receive priority, including those that utilize through-service buses, interline tickets, common intermodal terminals, coordinated schedules and joint information or marketing plans. NHDOT requires that all services provided with Section 5311(f) funds offer users a meaningful connection (as discussed on the previous page) with the national intercity bus network.

D. Vendor Instructions

Interested vendors must read the entire RFP and submit the required documents in the manner specified in the RFP. Vendors are responsible for reviewing the most updated information related to this RFP before submitting proposals.

SECTION 2 – Requirements and Scope of Services

The following Scope of Services and all pertinent appendices will become part of the contract with the vendor selected to provide the requested services.

A. Minimum Vendor (Contractor/Subrecipient) Qualifications

To be eligible to submit a Proposal for funding under the Section 5311(f) Program, a vendor (subrecipient or contractor) must be one of the following (per FTA Circular 9040.1H, Chapter III):

• Intercity bus provider;

• Private non-profit transportation provider;

• Private-for-profit transportation provider;

• Local government authority;

• Other operator of public transportation;

• Indian tribe.

B. Description of Services Being Requested

NHDOT is seeking a vendor to provide intercity bus service on one of two routes connecting Keene to

Nashua or Keene to Concord as described below. Both locations provide connecting service to Boston South

Station and Logan Airport. Only one route will be selected and funded. Vendors may provide a Proposal for either or both routes for consideration.

https://www.transit.dot.gov/regulations-and-programs/fta-circulars/formula-grants-rural-areas-program-guidance

RFP DOT 2026-01 Page 10 of 25

NHDOT is seeking turnkey services in which the vendor will provide all vehicles and equipment. All vehicles

MUST be a minimum of a Class 2 vehicle per the NHDOT Public Transportation State Management Plan (page

18) and be fully compliant with the Americans with Disabilities Act (ADA). Vendor will also obtain all required permits and authorities, obtain required insurance, conduct appropriate maintenance, retain required records, enter into agreements with other operators as required to support the use of interline ticketing if applicable, and obtain access to terminals of connecting intercity bus service providers (or access to public transportation terminals) as well as access for intermediate stops.

New Section 5311(f) Supported Intercity Bus Service

NHDOT will provide FTA 5311(f) funding to support one of the following routes:

1. Keene – Nashua Bus Route

Route: The project calls for a new subsidized bus service between Keene and Nashua with intermediate stops along the Route 101 corridor and shall, at a minimum, include a stop at the Brenner Bridge Parking Lot off

Gove Street in Peterborough. The service must make a meaningful connection with the Boston Express bus service at the bus terminal at 8 North Southwood Drive in Nashua. Boston Express provides connecting service between Nashua and Boston to include Boston South Station and Logan Airport.

Preferred Service: NHDOT will subsidize two daily round trips, preferably one in the morning and one in the afternoon. Proposers may propose alternatives that they believe offer better service to the public while maintaining the needed connections.

2. Keene – Concord Bus Route

Route: The project calls for a new subsidized bus service between Keene and Concord with intermediate stops along the Route 202 and Route 9 corridor and shall, at a minimum, include a stop at the Hillsboro Park and Ride lot or at another location in the Town of Hillsboro. The service must make a meaningful connection with the Concord Coach Lines bus service at the bus terminal at 30 Stickney Avenue in Concord. Concord

Coach Lines provides connecting service between Concord and Boston to include Boston South Station and

Logan Airport.

Preferred Service: NHDOT will subsidize two daily round trips, preferably one in the morning and one in the afternoon. Vendors may propose alternatives that they believe offer better service to the public while maintaining the needed connections.

Fares: Vendors will propose their own fare structure. NHDOT’s preference is an initial fare structure to encourage ridership on the new service. Note: NHDOT will provide reimbursement of net operating expenses. Net operating expenses equals gross operating expenses minus fare revenues.

https://mm.nh.gov/files/uploads/dot/remote-docs/nhdot-fta-state-mgmt-plan.pdf

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SECTION 3 - Contract Terms and Conditions

A. Reserved

B. Award

If the Department decides to award a contract as a result of this RFP process, any award is contingent upon approval of the contract by the Governor and Executive Council of the State of New Hampshire and upon continued appropriation of funding for the contract.

C. Standard Contract Terms

The Department will require the selected vendor to execute a contract using the Standard Terms and

Conditions of the State of New Hampshire (Form P-37) which is included as Appendix A. In no event shall a vendor submit its own standard contract terms and conditions as a replacement for the State’s terms in response to this solicitation.

The terms of this RFP and the selected vendor’s Proposal will be used to form the terms of any resulting contract. The resulting contract may incorporate some or all of the selected vendor’s Proposal. References in

Form P-37 to Exhibits A, B and C are references to the required structure of any resulting contract (Exhibit A –

Special Provisions/Amendments to Form P-37, Exhibit B – Scope of Services, and Exhibit C – Payment Terms) and are not references to sections of this RFP.

To the extent that a vendor believes that exceptions to the contract terms in Appendix A will be necessary for the vendor to enter into the contract, the vendor must note those issues during the Vendor Inquiry Period, as further described Section 4-B.

SECTION 4 –Request for Proposal Process

A. Department Point of Contact/Restriction of Contact with Department Employees

The sole point of contact for this RFP, from the RFP issue date until the approval of the resulting contract by the Governor and Executive Council, is identified in Section 1 Overview and Schedule, Key Information.

B. Vendor Inquiries

All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, any changes to the RFP, and any exceptions to the contract terms in Appendix A, including Form P-37, shall be

RFP DOT 2026-01 Page 12 of 25 submitted via email to the Department Point of Contact specified above. Inquiries must be received by the end of Vendor Inquiry Period (see Schedule of Events herein). Inquiries received later than the conclusion of the Vendor Inquiry Period shall not be considered properly submitted and may not be considered for response.

For all inquiries, the vendor must specify the inquiry is regarding RFP DOT 2026-01 and include the vendor’s name, telephone number, and e-mail address.

The Department will issue responses to properly submitted inquiries on or before the date specified in the

Schedule of Events; however, this date is subject to change at the Department’s discretion. The Department may consolidate and/or paraphrase questions for sufficiency and clarity. The Department may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. In response to requested exceptions to Form P-37, 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. Questions about or requested exceptions to the RFP, Form P-37 and/or any relevant appendices not raised during the inquiry period are waived. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the Department. Official responses by the

Department will be made only in writing by the process described above. Vendors shall be responsible for reviewing the most updated information related to this RFP before submitting a proposal.

C. Reserved

SECTION 5 – RFP Terms and Conditions

A. Debarment

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 RFP.

B. Proposal Preparation Cost

By submitting a proposal, a vendor agrees that in no event shall the Department 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.

C. Validity of Proposal

Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of

Proposals in Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later.

https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I.htm

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D. RFP Addendum

The Department 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 Department, at its sole discretion, may extend the

Proposal submission deadline as it deems appropriate.

E. Non-Collusion

The vendor’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 Vendors and without effort to preclude the Department from obtaining the best possible competitive Proposal.

F. Property of the Department

All material received in response to this RFP shall become the property of the Department and will not be returned to the vendor. Upon contract award, the Department reserves the right to use any information presented in any Proposal.

G. Proposal Confidentiality

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 vendor’s disclosure or distribution of Proposals other than to the Department may be grounds for disqualification.

H. Public Disclosure

The information submitted in response to this RFP (including all materials submitted in connection with it, such as appendices, 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 law, including RSA 91-A. In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this RFP will be made accessible to the public online via the website Transparent NH

(http://www.nh.gov/transparentnh/).

Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. If a vendor believes any information submitted in response to this RFP should be kept confidential, the vendor 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 vendor claims must be exempt from disclosure as “CONFIDENTIAL.” Vendors must also provide a letter to the person listed as the point of 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. Vendors must also provide a separate copy of the full and complete document, https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VI.htm https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I.htm http://www.nh.gov/transparentnh/ https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VI.htm

RFP DOT 2026-01 Page 14 of 25 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 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 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 contract shall be subject to public disclosure regardless of whether it is marked as confidential.

Notwithstanding a vendor’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, a vendor 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, vendors 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 person identified as the point of contact for this RFP;

• The State is not obligated to comply with a vendor’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 a vendor.

I. Electronic Posting of RFP Results and Resulting Contract

At the time of receipt of proposals, 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, the Department will post the ranks or scores of each responding vendor. In the event that the contract does not require Governor & Executive Council approval, the Department will disclose the rank or score at least 5 business days before final approval of the contract.

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 RFP, and post those documents on its website https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VI.htm

RFP DOT 2026-01 Page 15 of 25

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

J. Non-Commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the Department to award a contract. The Department 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.

K. Ethical Requirements

From the time this RFP is published until a contract is awarded, no vendor 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 vendor that violates RSA 21-

G:38 shall be subject to prosecution for an offense under RSA 640:2. Any vendor 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 vendor shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A vendor 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.

L. Challenges to Identification of Selected Vendor

Within 5 business days of the Department’s posting of the rank or score on its website, vendors may, in accordance with RSA 21-G:37, request that the Department review its selection process. The request must be in writing and must specify all points on which the vendor believes the Department erred in its process and shall contain such argument in support of its position as the vendor seeks to present. In its request for review, a vendor shall not submit, and the Department will not accept nor consider, any substantive information that was not included in the original proposal. The Department will respond to the request within 5 business days of its receipt.

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

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In the case of a Proposal that is not selected (whether in whole or in part), the Proposer may appeal/protest the decision of the Evaluation team to the Commissioner of the NHDOT in accordance with NH RSA 21-G:37.

A Proposer questioning the NHDOT’s identification of the selected Proposer may request that the NHDOT review its selection process. Such request shall be made in writing and be received by the NHDOT within five

(5) business days after the rank or score is posted on NHDOT’s Procurement Information (SB86) website.

Request shall be sent to:

Commissioner

NH Department of Transportation

Attn: Appeal RFP DOT 2026-01 for Keene Intercity Bus Services

7 Hazen Drive

Concord, NH 03302

The request shall specify all points on which the Proposer believes the NHDOT erred in its process and shall contain such argument in support of its position as the Proposer seeks to present. In response, the NHDOT shall review the process it followed for evaluating responses and, within five (5) business days of receiving the request for review, issue a written response either affirming its initial selection of a Proposer or cancelling the solicitation. In its request for review, a Proposer shall not submit, and the NHDOT shall not accept nor consider, any substantive information that was not included by the Proposer in its original submission. No hearing shall be held in conjunction with a review. The outcome of the NHDOT’s review shall not be subject to appeal.

N. Organizational Conflicts of Interest

(a) The offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual, or other interest(s) with the Subrecipient, or with an organization whose interests may be substantially affected by the Subrecipient’s activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subconsultants/subcontractors, and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the offeror, and the offeror's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(b) The offeror shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

(c) In the absence of any relevant interest identified in (a) above, the offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The offeror must obtain the same information from potential subconsultants/subcontractors prior to award of a subcontract.

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RFP DOT 2026-01 Page 17 of 25

(d) The Project Manager, as identified in the “Key Information” table above, will review the statement submitted and may require additional relevant information from the offeror. All such information, and any other relevant information known to Subrecipient will be used to determine whether an award to the offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Project Manager may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of Subrecipient to contract with the offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(e) The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the Project Manager. The disclosure shall include a full description of the conflict, a description of the action the contractor has taken, or proposes to take, to avoid or mitigate such conflict. The Project Manager may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of Subrecipient.

O. Federal Clauses and Certifications

Proposer shall review, certify, and provide signed copies of Appendix E: Federal Clauses and Certifications with their Proposal.

P. Federal Aid Project

This project will be funded utilizing FTA funds. The awarded vendor shall be required to comply with Federal

Clauses and be required to be registered in the SAM.GOV (https://sam.gov/) website in order to be considered for award.

SECTION 6 –Evaluation of Proposals

A. Criteria for Evaluation and Scoring

Each Proposal will be evaluated and considered with regard to the following criteria as detailed in Section 8:

1. Proposed Service Meets Desired Specifications

2. Technical Capability

3. Management Structure and Key Personnel

4. Past and Present Performance

5. Price/Cost https://sam.gov/

RFP DOT 2026-01 Page 18 of 25

Per NHDOT Procedure Number EX 8-2 that prescribes the RFP selection of preferred proposal process, NHDOT will establish a Selection Taskforce to evaluate the proposals. The Selection Taskforce will use a scoring scale of 100 points, a maximum of 90 points awarded based on the Technical Proposal and a maximum of 10 points awarded for the Price/Cost Proposal, which will be distributed as set forth in the table below.

TECHNICAL CATEGORIES POINTS

1. Proposed Service Meets Desired Specifications 20

2. Technical Capability 30

3. Management Structure and Key Personnel 25

4. Past and Present Performance 15

PRICE/COST CATEGORY POINTS

5. Price/Cost 10

The Selection Taskforce will evaluate and score Proposals based upon the criteria and standards contained in this RFP. Oral interviews and reference checks, to the extent they are utilized by the NHDOT, may be used to refine and finalize scores.

B. Planned Evaluation Steps

The Department plans to use the following process:

• Step 1. Initial screening to ensure that the Proposals are in compliance with submission requirements;

• Step 2. Preliminary evaluation of the Technical Proposals;

• Step 3. Oral interviews and Product Demonstrations, optional;

• Step 4. Final Scoring of Technical Proposals;

• Step 5. Price Proposal review and scoring;

• Final Selection: Select the highest scoring vendor and begin negotiations and contract execution.

Step 1: Initial Screening

Upon receipt, the Project Manager will mark each Proposal with the date and time received and place it in a folder with access restricted to members of the Selection Taskforce. The Selection Taskforce will:

• Complete a cursory review of each Proposal submitted to ensure all major components were completed, including the following:

o The Proposal is signed by a company executive;

o There is one original submittal;

o There are the required number of copies;

o The Proposal was received before the deadline.

• Verify that cost Proposals were submitted and keep them sealed;

RFP DOT 2026-01 Page 19 of 25

• Reach a consensus on the status of each Proposal as Accepted or Not Accepted and record the deficiencies for any Proposal that is classified as Not Accepted.

The NHDOT may waive or offer a limited opportunity to cure immaterial deviations from the RFP requirements if it is determined to be in the best interest of the State. For any Proposal Not Accepted, a letter signed by the chair of the RFP Oversight Taskforce, which is also determined as part NHDOT’s “EX-8”

RFP policy but is distinct from the Selection Taskforce, will be sent to the Proposer stating the reasons why as well as a summary of the process in determining the Proposal was Not Accepted.

Step 2: Preliminary Technical Scoring of Proposals

The Selection Taskforce will perform a preliminary evaluation of the technical categories of each Proposal and give each a preliminary consensus-based score under the guidelines set forth in this Section. Should the total score of the technical categories of a Proposal fail to achieve 65 points in the preliminary scoring, the

Proposal will not be considered for funding.

Step 3: Oral Interviews and Product Demonstrations

If the Department determines that it is appropriate, vendors may be invited to oral interviews to clarify and expound upon information provided in the written proposals. Vendors are prohibited from altering the basic substance of their proposals during oral interviews. The Department may ask vendors to provide written clarifications of elements in their technical proposal regardless of whether it intends to conduct oral interviews. Information gained from oral interviews will be used to refine technical review scores assigned from the initial review of the proposals.

Vendors are advised that the Department may decide to conduct interviews with less than all responsive vendors.

Step 4: Final Technical Scoring of Proposals

Following oral interviews, reference checks (as appropriate) and/or review of written clarifications of proposals requested by the Department, the Selection Task Force will determine a final consensus score for each technical proposal.

Step 5: Cost Proposal Review

Cost proposals will be reviewed upon completion of the final technical scoring of proposals. The vendor’s cost proposal will be allocated a maximum potential score of 10 points. Vendors are advised that this is not a low bid award and that the scoring of the cost proposal will be combined with the scoring of the technical proposal to determine the overall highest scoring vendor. Cost proposals will be scored only for those vendors who are not disqualified and whose technical proposal received the minimum score identified in

Sub-Section B above.

The Department will assign points to a vendor’s total proposed cost (SFY 2027 – SFY 2030) based on the following methodology:

Proposal’s Price/Cost Score = (Lowest Proposed Price / Proposal’s Proposed Price) x 10 Points

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For the purpose of use of this formula, the lowest proposed price is defined as the lowest price proposed in a

Proposal that has scored above the minimum necessary for consideration in preliminary scoring.

No Best and Final Offer

The Proposal should be submitted initially on the most favorable terms which the vendor can offer. There will be no best and final offer procedure.

Final Selection

The Department will conduct a final selection based on the final evaluation of the proposals and begin contract negotiations with the selected vendor. If negotiations with selected vendor are unsuccessful, the

Department reserves the right to commence contract negotiations with the next highest scoring vendor.

C. Rights of the Department in Accepting and Evaluating Proposals

The Department reserves the right, at its sole discretion, to:

• Make independent investigations in evaluating proposals;

• Request additional information to clarify elements of a proposal;

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

• Omit any planned evaluation step if, in the Department’s view, the step is not needed;

• Reject any and all proposals at any time; and

• Open contract discussions with the second highest scoring vendor and so on, if the Department is unable to reach an agreement on contract terms with the higher scoring vendor(s).

SECTION 7 – Process for Submitting a Proposal

A. Proposal Submission, Deadline, and Location Instructions

Proposals submitted in response to this RFP must be received by the NHDOT no later than the time and date specified in the Schedule of Events section, herein. Proposals may be submitted by U.S. Mail, Delivery Service, in Person, or Electronic via email (preferred). Proposals must be addressed to:

Michael Pouliot, Transportation Specialist NHDOT, Bureau of Rail and Transit

PO Box 483 7 Hazen Drive

Concord, NH 03302-0483 michael.g.pouliot@dot.nh.gov

Proposals must be clearly marked as follows:

mailto:michael.g.pouliot@dot.nh.gov

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STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

RESPONSE TO RFP DOT 2026-01

FTA SECTION 5311(F) INTERCITY BUS PROGRAM

Unless waived as an immaterial deviation in accordance with Section VII, late submissions will not be accepted and will be returned to the Proposers unopened. Delivery of the Proposal shall be at the Proposer’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the

NHDOT, in accordance with its established policies, as having been received at the location designated above.

The NHDOT accepts no responsibility for mislabeled mail or mail that is not delivered or is undeliverable for whatever reason. Any damage that may occur due to shipping shall be the Proposer’s responsibility.

All Proposals submitted in response to this RFP must consist of at least:

a) For U.S. Mail, Delivery Service, or in person delivery, one (1) original and two (2) clearly identified copies of the Proposal, including all required appendices; or

b) For electronic delivery, one (1) original clearly identified electronic copy of the Proposal, including all required appendices as pdf documents.

Proposers 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 RFP.

Restriction of Contact with State Employees

From the date of release of this RFP until an award is made and announced regarding the selection of a

Proposer(s), all communication with personnel employed by or under contract with the State regarding this

RFP is forbidden unless first approved by the RFP Point of Contact. 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. Proposers may be disqualified for violating this restriction on communications.

SECTION 8 – Proposal Content and Requirements

A. Proposals must contain the following:

Cover Page

The first page of the Proposal must be a cover page containing the following:

• “STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION”

• “RESPONSE TO RFP DOT 2026-01 FTA SECTION 5311(F) INTERCITY BUS PROGRAM”

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RFP DOT 2026-01 Page 22 of 25

• Proposer’s company name and address

• Contact person

• Contact person’s telephone number

• Contact person’s email address

Proposer Information Form

Proposers shall submit a Proposer Information Form, that is handwritten or typed, with their Proposal using the form provided in Appendix B. Proposers shall complete all applicable information in the Proposal

Information Form. Any electronic alteration to the Proposal Information Form is prohibited and may result in the Proposal being not accepted.

Public Notice of Application for FTA Funding

Proposers shall provide a scanned copy of the notice published in a newspaper of regional significance.

Federal Clauses and Certifications

Proposals shall include a copy of the signed Federal Clauses and Certifications in Appendix E.

Acknowledgement of Addenda

Proposals shall include a copy of the signed Acknowledgement of Addenda in Appendix F. A separate acknowledgement is required for each addendum issued by the Department.

Table of Contents

The Proposal shall contain a table of contents with corresponding page numbers relating to the contents of the Proposal. The table of contents must conform to the sections provided below.

Section 1. Proposed Service Meets Desired Specifications

Proposers shall provide a narrative of their approach to providing the intercity bus service route generally described in Section 2B in this RFP. This narrative must include the following:

• Identification of the route for which service is proposed.

• Description of intercity bus service to be provided, including a route plan (highway specific) showing the communities to be served and a schedule/timetable, detailing the times of service for each…