rfp-f-g-2026-02.pdf

STATE OF NEW HAMPSHIRE

FISH AND GAME DEPARTMENT

Connecticut Lakes Natural Area

Scott Bog Spur Road Stream Crossing Replacement

RFP F+G 2026-02

TABLE OF CONTENTS

RFP Job specific information and contract language…………………….………..……...3-20

Appendix A. Form P-37 and exhibits containing contract terms…………………….….21-24

Appendix B. Map Depicting Damage Site on Scott Bog Spur Road …………………

Appendix C. Photos of the Damage Site on Scott Bog Spur Road……………….……....26-28

SECTION 1 – Overview and Schedule

A. Goal of this procurement/Business needs:

MANAGEMENT CONDITION & OBJECTIVES: The State of New Hampshire Fish and

Game Department (NHFG) is seeking bids from Professional Licensed Engineers for a

Hydrologic & Hydraulic Study, Architect and Engineering Study, and Design Services for the removal and new replacement of an existing stream crossing structure over Scott Brook. The crossing on Scott Brook is located on Scott Bog Spur Road in Pittsburg, New Hampshire and allows access to the Scott Bog Boat Launch on the New Hampshire Fish and Game-owned

Connecticut Lakes Natural Area (crossing located at 45.20969, -71.16717).

MANAGEMENT SUMMARY: The New Hampshire Fish and Game Department (NHFG) is the owner of lands throughout the state referred to as Wildlife Management Areas

(WMAs). As part of the ongoing management of these lands, NHFG implements habitat improvement projects and commercial timber sales to maintain habitat diversity.

Furthermore, NHFG encourages outdoor recreation on these properties including activities such as wildlife watching, canoeing/kayaking, hunting, trapping, and fishing. The 25,000-acre NHFG-owned Connecticut Lakes Natural Area (CLNA) contains over 30 miles of roads and two major public boat access ramps. These boat launches are located on Scott Bog and

East Inlet Flowage, which are popular waterbodies for fishing and wildlife watching. The only road to the Scott Bog boat launch is the Scott Bog Spur Road. This road is also utilized to maintain the dam at the southern end of Scott Bog.

During the July 10, 2024 severe storm event, a 6-foot CMP culvert on Scott Bog Spur Road was severely damaged which resulted in the road partially collapsing above the culvert. This rendered the final tenth of a mile of the Scott Bog Spur Road unsafe for anything beyond foot traffic. NHFG is seeking to remove this damaged culvert and replace it with either a larger squish culvert, open bottom culvert, or free span bridge.

Engineering and design plans for this new crossing will include plans to remove the damaged

6-foot culvert and install either a free span bridge, open bottom culvert, or squish culvert that is capable of adequately passing flows from 100-year storm events. The stream crossing must have an HS-20 load rating and be designed to support heavy cement trucks and vehicles weighing 100,000 lbs. +/-.

NHFG would like the engineer to evaluate the stream crossing site and determine if a bridge or culvert would be the best stream crossing option. The best crossing would be one that allows the passage of aquatic organisms, has the greatest longevity without requiring repair or replacement, provides safe crossing for the public and for the maintenance of the dam, and provides an affordable option for crossing Scott Brook.

The chosen engineering firm will be responsible for providing a full set of plans to remove the damaged culvert and install the new crossing. If a bridge is selected, the engineer will provide a full plan set that incorporates the installation of a prefabricated bridge, such as the fully engineered prefabricated bridges provided by ADM Welding and Fabrication. This plan set must be detailed enough to be utilized when obtaining a NHDES wetlands permit for the crossing replacement, to provide FEMA with a detailed description of the future crossing and the required work to replace the crossing, and for a contractor to be able to follow with limited to no assistance by the engineer who designs the plan.

It is intended to avoid wetland impacts where possible throughout the duration of this project.

If such impacts cannot be avoided, NHFG will be responsible for obtaining the necessary permits. The plan should include all necessary erosion control and wetland mitigation measures taken to prevent the sedimentation of the stream during and after the project.

Schedule

The following table provides a Schedule of Events for this RFP through contract finalization and approval. The Agency reserves the right to amend this Schedule at its sole discretion and at any time through a published Addendum.

EVENT DATE LOCAL

TIME

RFP posted on Administrative services Website 4/6/2026

Required Site Visit to Stream Crossing 5/12/2026 10:00 AM

RFP Inquiry Period Ends 5/19/2026 9:00 AM

Final Agency Responses to Proposer Inquiries 5/22/2026 5:00 PM

Final day to Submit Proposals 5/29/2026 12:00 PM

Estimated review of proposals and grading 6/3/2026 5:00 PM

Estimated Notification of Selection 6/5/2026 2:00 PM

Estimated Governor & Executive Council review for approval 7/22/2026 12:00 PM

B. Description of Agency or Program issuing the Request for Proposals

As the guardian of the state's fish, wildlife and marine resources, the New Hampshire Fish and

Game Department works in partnership with the public to conserve, manage and protect these resources and their habitats. NHFG’s role is also to inform and educate the public about these resources and provide the public with opportunities to use and appreciate these resources. One of the ways that NHFG meets this mission is through the purchase of lands or easements to conserve wildlife and the habitats they depend on, and to provide public access to those lands. In order to fulfill our mission, we need access roads for employees to manage these lands and to allow for public recreation. These roads need to be built to last for extended periods of time with limited maintenance despite an increasing frequency of severe storm events.

In this RFP, “Agency” means the New Hampshire Fish and Game Department. "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.

C. 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 Work

Scott Bog Spur Road Culvert Replacement

1. Requirements

Work will consist of an Architect and Engineering Study, Hydrologic & Hydraulic

Study, and Design Services for the removal and new replacement of an existing stream crossing structure over Scott Brook:

a) The selected vendor will perform an engineering study of the project area that includes a

Hydrologic & Hydraulic analysis of the crossing and adjacent watershed. The vendor will utilize this data to develop a stream crossing design that achieves the following: allows for the passage of aquatic organisms, provides safe crossing for the public over Scott Brook on the existing Scott Bog Spur Road, allows fully loaded cement trucks to safely pass over the crossing to maintain the Scott Bog Dam situated just above this crossing (crossing must meet

HS-20 load rating and be designed to support vehicles weighing 100,000 lbs. +/-), prevents the potential for damage to the Scott Bog Dam, and be designed to adequately pass flows of

100-year flood events without washing out or overtopping the road. A basic hydrologic & hydraulic study was previously completed when the dam upstream of this crossing was being reconstructed. This study will be available for use during this analysis.

b) NHFG would like the engineer to evaluate the stream crossing site and determine if a bridge, open bottom culvert, or squish culvert would be the best possible crossing at this site. The best possible crossing would be a crossing that allows for the passage of aquatic organisms, has the greatest longevity without requiring repair or replacement, provides safe crossing for the public and for the maintenance of the dam, and provides an affordable option for crossing

Scott Brook. It is intended to avoid wetland impacts where possible throughout the duration of this project. If such impacts cannot be avoided, NHFG will be responsible for obtaining the necessary permits.

a. Once a squish culvert, open bottom culvert, and bridge have been evaluated as an option for replacing this crossing, the engineer will reach out to the NHFG project supervisor to obtain a decision on which crossing type will be selected. Once a crossing has been selected the engineer will move forward with designing the crossing. The engineer will provide the project supervisor with an assessment of pros/cons for each and a rough estimated cost of going with each.

c) Provide a wetland delineation of the project area to include any jurisdictional wetlands and stream top of bank. This work must be completed by a licensed professional and done according to the NH DES Wetlands Bureau and the Army Corps of Engineers Wetland

Delineation Manual (1987). A previous wetlands delineation was completed for this crossing by Horizon Engineering in 2024 and will be available for use to facilitate this part of the project.

d) Provide the necessary surveying and mapping to locate existing site conditions, topography and delineated wetlands. This information will be used to develop a complete plan set, including an existing conditions plan. The plan must be provided to NHFG in the form of both an electronic copy and hardcopy. This information must be detailed in order to successfully fulfill the requirements of all necessary NHDES permits for the replacement of this crossing. Due to funding limitations, permitting is not included in this RFP.

e) Prepare a complete engineered design with documentation & plans (electronic and hardcopy) for the removal of the existing 6-foot culvert and the installation of a new crossing over Scott

Brook. The design must include a detailed plan for the removal of the damaged culvert, plans for stabilizing/restoring the banks (if the new crossing is a bridge), approaches to/from the new crossing, and the design of the crossing.

This plan must be detailed enough to be utilized when obtaining NHDES wetlands permitting for the crossing replacement, to provide FEMA with a detailed description of the future crossing and the required work to replace the crossing, and for a contractor to be able to follow with limited to no assistance by the engineer who designs the plan.

a. If the crossing is a bridge: The design plan must include a detailed plan for the removal of the damaged 6-foot culvert, for stabilizing/restoring the banks, for restoring the stream bed with natural materials (to satisfy any necessary future

NHDES permitting), for installing the abutments for the bridge (the preferred abutment design for this type of crossing should be based on accepted forest industry standards that utilize concrete waste blocks, or pre-formed block wall materials), and for the approaches to the bridge. The bridge structure itself will include utilizing a fully engineered pre-constructed 16-foot wide bridge, such as the bridges provided by

ADM Wielding and other manufacturers.

b. If the crossing is an open bottom culvert: The design plan must include a detailed plan for the removal of the damaged 6-foot culvert, for restoring the stream bed with natural materials (to satisfy any necessary future NHDES permitting), for complete installation of the replacement culvert, and for the installation of side barriers (such as room for large rocks) to help prevent the public from going off the edge of the road when crossing. A 16-foot wide travel lane is required for this crossing (between the side barriers). Culvert material should also be outlined in this plan in addition to specific installation guidelines including but not limited to dimensions of the culvert, perch, head wall design, and the angle of the on/off ramps.

c. If the crossing is a squish culvert or standard culvert: The design plan must include a detailed plan for the removal of the damaged 6-foot culvert, for complete installation of the replacement culvert, and for the installation of side barriers (such as room for large rocks) to help prevent the public from going off the edge of the road when crossing. A 16-foot wide travel lane is required for this crossing (between the side barriers). Culvert material should also be outlined in this plan in addition to specific installation guidelines including but not limited to dimensions of the culvert, perch, head wall design, and the angle of the on/off ramps.

d. It is the intent to avoid wetland impacts where possible throughout the duration of this project. If such impacts cannot be avoided, NHFG will be responsible for obtaining the necessary permits. The plan should include all necessary erosion control and wetland mitigation measures taken to prevent the sedimentation of the stream during and after the project.

f) In addition to the requirements described above, the vendor will also provide NHFG with a complete estimated cost breakdown of what it would cost to replace the damaged crossing in-kind. This will involve removing the damaged 6’ CMP culvert and installing a new 6’ CMP culvert while also following all NHDES regulations, requirements, and BMPs. This estimate will be based on the federal requirement of sourcing all materials within the United States. A full design plan set is not required for this in-kind replacement unless the H&H study demonstrates an in-kind replacement would be suitable for this location and the NHFG project manager decides to move forward with this option as the permanent repair.

2. Scope of work

Scott Bog Spur Road Culvert Replacement

Refer to Attachments 1 and 2 for location of work site and photo.

Scott Bog Spur Road Culvert Damage Overview: A 6’ x 30’ metal culvert was severely damaged during a large rainstorm during July of 2024. The bottom of the culvert failed and folded up inside itself during the high flows. During the high flows the water began passing underneath the road, next to the culvert. This resulted in the road partially collapsing above the culvert.

a) Timing of Work: The design phase of this project will occur during the summer-fall of 2026

(prior to snowfall). This will include all of the work described below. The stream crossing replacement is currently anticipated to occur during the spring-summer of 2027. Monitoring during the construction of the crossing is not required.

b) Hydrologic & Hydraulic Study: The vendor will complete a Hydrologic & Hydraulic

(H&H) study on this stream crossing and the upstream watershed as detailed in part A of the

Requirements Section above. The vendor will provide NHFG with digital copies of this study.

c) Crossing Design: The vendor will utilize the data from the updated H&H study to determine if a bridge, open bottom, or squish culvert would be the best possible crossing at this site as detailed in part B and E of the Requirements Section above.

d) Plans and Deliverables: Prepare a complete design with documentation & plans (electronic and hardcopy) for the removal of the existing 6-foot culvert and the installation of a new crossing over Scott Brook as detailed in parts C, D, E, and F of the Requirements Section above.

e) Technical Support: Site visits during the construction phase of this project may be necessary. Any technical support would be on an as needed basis and only in the event of an unanticipated factor or issue with the plan set.

f) Monitoring and Project Closeout: Site monitoring during and after the construction phase of this project is not required.

SECTION 3 -- Contract Terms and Conditions

A. Exclusive Contract

Any resulting Contract from this RFP will be an exclusive Contract. No other contractor will be used to provide services or deliverables identified in this RFP.

B. Award

If the Agency 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.

C. Standard Contract Terms

The Agency 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 attached as Appendix A. In no event is a vendor to 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 the P-37 to Exhibits A, B and C are references to the required structure of any resulting contract (Exhibit A – Special Provisions/Amendments, 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 4B.

SECTION 4 –Request for Proposal Process

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

The sole point of contact for this RFP, from RFP issuance to approval of the resulting contract by the Governor and Executive Council is:

John Sojka

Region 1 State Lands Habitat Biologist

NH Fish and Game Department

629 B Main Street, Lancaster NH 03584 john.a.sojka@wildlife.nh.gov | (603) 451-9951

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

Agency regarding this RFP is prohibited unless first approved by the RFP Sole Point of Contact.

Agency 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 Sole Point of Contact. Vendors may be disqualified for violating this restriction on communications.

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 the Form P-37, shall be submitted via email to the Agency Point of Contact specified above. Inquiries must be received by the end of vendor inquiry period (see Schedule of Events herein).

The vendor must identify the RFP name and the number and include the vendor’s name, telephone number, and e-mail address.

The Agency 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 Agency’s discretion.

The Agency may consolidate and/or paraphrase questions for sufficiency and clarity. The

Agency 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 P37, the Agency 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 attachments not raised during the inquiry period are waived. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the Agency. Official responses by the Agency 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.

mailto:john.a.sojka@wildlife.nh.gov

C. Vendor Conference

Important: All interested vendors are required to attend a mandatory site visit to view the scope of the project in person along with the Agency Point of Contact so that questions can be addressed before a proposal is presented.

The site visit is scheduled for Tuesday, May 12, 2026; 10:00 am. Meet in the parking lot for the

Pittsburg, NH Fire Department just north of Murphy Dam Road. Everyone attending the site visit will drive to the site location after meeting at the Fire Department.

Google Maps link: https://maps.app.goo.gl/T9hcntqWDuo6mmiB7

RSVP your attendance to John Sojka by Friday May 8, 2026 at john.a.sojka@wildlife.nh.gov.

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 Agency 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.

D. RFP Addendum

The Agency 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 Agency, 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 Agency from obtaining the best possible competitive

Proposal.

https://maps.app.goo.gl/T9hcntqWDuo6mmiB7

F. Property of the Agency

All material received in response to this RFP shall become the property of the Agency and will not be returned to the vendor. Upon contract award, the Agency 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 Agency 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 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, 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 http://www.nh.gov/transparentnh/ 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 Agency 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 Agency will post the ranks or scores of each responding vendor. In the event that the contract does not require Governor & Executive Council approval, the Agency 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 posts those documents on its website (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 Agency to award a contract. The Agency 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 https://sos.nh.gov/administration/miscellaneous/governor-executive-council/ https://sos.nh.gov/administration/miscellaneous/governor-executive-council/ 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 Agency’s posting of the rank or score on its website, vendors may, in accordance with RSA 21-G:37, request that the agency review its selection process. The request must be in writing and must specify all points on which the vendor believes the agency 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 an agency will not accept nor consider, any substantive information that was not included in the original proposal. The agency will respond to the request within 5 business days of its receipt.

M. Minority and Women-owned Business Federal Funding Requirements

This contract is supported with federal funds. Code of Federal Regulations 2 CFR 200.3212 requires entities supported by federal funds to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Please indicate in your proposal whether your business fits any of these descriptions.

N. SC-1 FEDERAL AWARD INFORMATION AND COMPLIANCES FOR

FEDERAL ASSISTANCE FYBDED PROJECTS

This contract is funded in part by a grant from the Department of Homeland Security, Federal

Emergency Management Agency (FEMA). The contractor and all sub-contractors must comply with federal regulations and the following provisions, as applicable:

EQUAL EMPLOYMENT OPPORTUNITY

This federally assisted construction contract is subject to Executive Order 11246, as amended by

Executive Order 11375 and Implementing Regulations at 41 CFR Part 60.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.321 orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of

September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

WAGE RATES / DAVIS-BACON ACT

When required by Federal program legislation, all prime construction contracts in excess of

$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-

Bacon Act, as amended (40 U.S.C. 3141-3144, and 3146-3148) and supplemented by

Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to

Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

Davis-Bacon wage rates and requirements do not apply to this project.

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

This contract is subject to Executive Orders 12549 and 12689 “Debarment and Suspension.”

The contractor must comply with the applicable provisions of the OMB guidance in Sub-part C of 2 CFR Part 180, as adopted by the Department of Homeland Security at 2 CFR Part 3000

Non-procurement Debarment and Suspension. A contract award (see 2 CFR 180.220) cannot be made to parties listed on the government-wide exclusions in the System for Award Management

(SAM), in accordance with 2 CFR 180. Before entering into a covered transaction, the contractor must notify the contracting state agency if you know that you or any of your principals are presently excluded or disqualified from participation in federally funded transactions.

Certification Regarding Debarment and Suspension – Lower Tier Covered Transactions

By entering into a contract the contractor certifies, per Subpart C of 2 CFR Part 180, that neither it nor its principles (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise excluded by any federal department or agency from participating in transactions supported in whole or in part by

Federal funds.

SECTION 6 – Evaluation of Proposals

A. Criteria for Evaluation and Scoring

The Agency will evaluate each responsive Proposal using a scoring scale of 100 points, which will be distributed as set forth in the table below.

CATEGORIES POINTS

TECHNICAL PROPOSAL with the following potential maximum scores for each

Technical Proposal category;

References 5

Company Profile and Qualifications 10

Key Personnel 15

Project Plan 20

PRICE PROPOSAL MAXIMUM POINTS 50

TOTAL MAXIMUM POINTS 100

The Agency will select a vendor based upon the criteria and standards contained in this RFP and from applying the weighting in this section. Oral interviews and reference checks, to the extent they are utilized by the Agency, will be used to refine and finalize scores.

If the Agency decides to make an award based on these evaluations, the Agency will notify the selected vendor(s). Should the Agency be unable to reach agreement with the selected vendor(s) during Contract discussions, the Agency may then undertake Contract discussions with the next preferred vendor and so on, or the Agency may reject all proposals, cancel this RFP, or solicit new Proposals under a new acquisition process.

B. Planned Evaluations Steps

The Agency 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. Final Scoring of Technical Proposals;

• Step 4. Price Proposals review;

• Final Selection: Select the highest scoring vendor(s) and begin contract execution.

C. Step 1: Initial Screening

The Agency will conduct an initial screening to verify vendor compliance with the proposal submission requirements set forth in Sections 4 and 7. The Agency 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.

D. Step 2: Preliminary Technical Scoring of Proposals

The Agency will establish an evaluation team to review for compliance of the minimum requirements as set forth in Section 2. This evaluation team will then review the technical proposals and give a preliminary score to the technical proposals under the guidelines set forth in

Section 6. Should a vendor fail to achieve 60 out of a possible 80 points in the preliminary technical scoring, it will receive no further consideration from the evaluation team and the vendor’s price proposal will be returned unopened. Price proposals will not be reviewed by the evaluation team during the preliminary technical review.

E. Step 3: Oral Interviews

If the Agency determines that it is appropriate, vendors may be invited to oral interviews. The

Agency retains the sole discretion to determine whether to conduct oral interviews, with which vendors; and the number of interviews. Vendors are advised that the Agency may decide to conduct interviews with less than all responsive vendors.

The purpose of oral interviews is to clarify and expound upon information provided in the written proposals. Vendors are prohibited from altering the basic substance of their proposals during the oral interviews. The Agency may ask the vendor 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.

F. Step 4: Final Technical Scoring of Proposals

Following oral interviews, product demonstrations, reference checks (if appropriate) and/or review of written clarifications of proposals requested by the Agency, the evaluation team will determine a final score for each technical proposal.

G. Step 5: Price Proposal Review

Price proposals will be reviewed upon completion of the final technical scoring of proposals. The vendor’s price proposal will be allocated a maximum potential score of 20 points. Vendors are advised that this is not a low bid award and that the scoring of the price proposal will be combined with the scoring of the technical proposal to determine the overall highest scoring vendor.

The following formula will be used to assign points for costs:

Vendor’s Price Score = (Lowest Proposed Price / Vendor’s Proposed Price) x

Number of Points for Score (i.e., 20 points)

For the purpose of use of this formula, the lowest proposed price is defined as the lowest price proposed by a vendor who has scored above the minimum necessary for consideration on the

Technical Score.

H. 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.

I. Final Selection

The Agency will conduct a final selection based on the final evaluation of the proposals and begin contract discussions with the selected vendor(s).

J. Rights of the Agency in Accepting and Evaluating Proposals

The Agency 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 Agency’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

Agency 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 no later than the Proposal Due Date specified in the Schedule of Events, herein.

The Price proposal must be labeled clearly and submitted separately from the technical proposal.

Unless waived as a non-material deviation in accordance with Section 6, late submissions will not be accepted and will be returned to the vendors unopened. Delivery of the Proposals shall be at the vendor’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the Agency, in accordance with its established policies, as having been received at the location designated below. The Agency accepts no responsibility for damaged, mislabeled, or undeliverable mailed or emailed proposals. Any damage that may occur due to shipping shall be the vendor’s responsibility.

Proposals must include one electronic copy of the Proposal with all Confidential Information fully redacted, as provided for in Section 5H of this RFP.

Proposals must be clearly marked as follows:

STATE OF NEW HAMPSHIRE

RESPONSE TO RFP: 2026-02 Scott Bog Spur Road Stream Crossing Replacement

Physical Proposals

Physical Proposals must be addressed to:

John Sojka

Fish and Game Department

629 B Main Street

Lancaster NH, 03584

Physical Submissions shall include:

a) One original and two clearly identified copies of the Proposal including required attachments; and

b) One (1) Electronic submission via USB drive.

Electronic Proposals

Electronic Proposals submitted by email must be addressed to:

TO: john.a.sojka@wildlife.nh.gov

CC: James.d.oehler@wildlife.nh.gov

Subject line must include: RESPONSE TO RFP: 2026-02 Scott Bog Spur Road

Stream Crossing Replacement

Electronic Submissions must be submitted using the following criteria:

a. Searchable PDF Format

b. Files must be less than 10MB in size.

Exception: If files are greater than 10MB in size, the vendor will be required to submit their proposal in parts. It is the vendors responsibility to ensure a complete proposal is submitted.

SECTION 8 – Proposal Content and Requirements

Proposals shall follow the format below and provide the required information set forth below:

• Cover letter

• Technical Proposal:

o Company Profile and Qualifications: Please provide an overview of your company, including number of years in business, expertise, local presence, etc.

The overview should particularly highlight the company's history and experience producing engineered designs of stream crossings, similar to that required under this contract. Per Code of Federal Regulations 2 CFR 200.3212 please indicate if your business is a minority business, women's business enterprises, and labor surplus area firm.

o Key Personnel: Please provide a short biography for the most important personnel

(e.g., project coordinator, crew boss, etc.), on the proposed project and the availability of said personnel to be on the job during the duration of the project.

The biography should particularly highlight the person’s history and expertise in performing H&H studies and engineering stream crossings similar to that required under this contract.

o This project will be occurring on a remote dirt logging road in northern Pittsburg, please include a brief description of your ability to perform work in remote locations.

o References: Please provide a phone number and email address of three (3) references for similar projects; also a short project description.

o Project Plan:

▪ Project Timeline: Please define each phase of the project, describe how each phase will be completed to meet the standards in the Scope of Work and Requirements in Section 2, and provide a general schedule to completion (i.e., a timeline).

▪ Scope of Work: Please explain how you intend to meet the Scope of Work and Requirements as described in Section 2. Pay particular attention to the bolded items in the Scope of Work which refer back to the Requirements

Section.

• Price Proposal: must be submitted separately, in a separate electronic file or closed envelope, on a lump sum or not to exceed basis.

Section 9 - Appendix A - P37 form

Section 10 - Appendix B – Map Depicting Damage Site on Scott Bog Spur Road

Section 11 - Appendix C – Photos of the Damage Site on Scott Bog Spur Road

Upstream looking down at the culvert

Downstream looking up at the culvert

Top of the culvert looking upstream