Template V7.0 – 02/2025

STATE OF NEW HAMPSHIRE

New Hampshire Liquor Commission:

NHLC RFP #2026-06

E-Commerce Modernization

RFP ISSUED 4/30/2026

VENDOR CONFERENCE 5/19/2026 1:00 PM ET

LOCATION Microsoft Teams STATE AGENCY POINT OF CONTACT Name: Janet Donnelly

Email: Janet.M.Donnelly@liquor.nh.gov Tel: (603)230-7048

CONTRACT TYPE Not to Exceed

PROPOSAL DUE DATE 7/17/2026 2:00 PM 2:00 PM ET

STATE OF NEW HAMPSHIRE

LIQUOR COMMISSION

NHLC RFP #2026-06 - E-COMMERCE MODERNIZATION

TABLE OF CONTENTS

Table of Contents

SECTION 1: OVERVIEW AND SCHEDULE OF EVENTS

SECTION 2: PROPOSAL SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS

SECTION 3: PROPOSAL ORGANIZATION, CONTENT, AND REQUIRED ITEMS

SECTION 4: EVALUATION OF PROPOSALS

SECTION 5: TERMS AND CONDITIONS RELATED TO THE RFP PROCESS

SECTION 6: CONTRACT TERMS AND AWARD

APPENDIX A: VENDOR CONFERENCE REQUIREMENTS

APPENDIX B: BUSINESS AND TECHNICAL REQUIREMENTS

APPENDIX C: TOPICS FOR MANDATORY RESPONSES

APPENDIX D: STANDARDS FOR DESCRIBING VENDOR QUALIFICATIONS

APPENDIX E: PRICING

APPENDIX F: DOIT INFRASTRUCTURE AND SECURITY

APPENDIX G: MERCHANT CARD SERVICES

APPENDIX H: TERMS AND DEFINITIONS

APPENDIX I: P-37 STATE OF NEW HAMPSHIRE GENERAL PROVISIONS AND EXHIBITS

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SECTION 1: OVERVIEW AND SCHEDULE OF EVENTS

1. Executive Summary

1.1 Introduction

The New Hampshire Liquor Commission (NHLC) is seeking a vendor to provide an e-commerce suite, and to configure, customize, host, and operate a website to support the required e-commerce functionality. The website will interface with the NHLC’s NextGen System which supports all functions of the business including inventory management, finance, and point of sale. NextGen is based on the Microsoft Dynamics 365 product suite and is hosted in the Microsoft Azure environment.

1.2 Background

New Hampshire is one of 18 alcoholic beverage control jurisdictions. The NHLC licenses and manages the wholesaling and retailing of beer, wine and spirits within the State. The NHLC operates 65 retail locations for the sale of wine and spirits. It licenses 3 agency stores in rural areas for the sale of spirits, over 2,163 businesses for the on-premises consumption of beer, wine and spirits, and over 1,541 businesses for the off-premises consumption of beer and wine.

In April of 2024, the NHLC replaced its 40-year-old inventory management and point of sale system with a Microsoft Dynamics-based application. The new system is called NextGen and provides financial management, inventory management and retail point-of-sale. The e-commerce platform will function as the interface for multiple user groups to interact with the NHLC electronically. The user groups include:

1.1.1 Public, including Retail Customers who will use a website for information about products and for placing and paying for orders to be picked up at a specific NHLC retail store.

1.1.2 Licensees:

a. On-Premises Licensees who sell beer, wine and spirits for consumption by customers while on the business premises (e.g. restaurants and taverns). In March of 2026, there were 1,892 on-premises licensees.

b. On-Premises Beverage and Wine Licensees who sell beer and wine with limited lower alcohol percentages for on-premises consumption. In March of 2026, there were 372 on-premises beverage and wine licensees.

c. Off-Premises Licensees who sell beer and wine for consumption off of the business premises (e.g. grocery stores and convenience stores). In March of 2026, there were 1,665 off-premises licensees.

d. Agency Licensees who are authorized to sell spirits for consumption off of the business premises. This is a limited number of licenses with businesses located in areas that are not served by an NHLC retail outlet. In March 2026, there were 3 agency licensees.

e. Liquor and Wine Representative (Broker) Licensees who offer for sale or solicit orders for the sale of liquor and wine to the NHLC. The license is issued to persons designated as authorized New Hampshire representatives by liquor and wine vendors. In March of 2026, there were 37 liquor and wine representative licensees.

f. Liquor and Wine Vendor Licensees who may sell liquor to the NHLC for resale. Liquor and wine vendor licenses may be issued only to a manufacturer of liquor, or to the person designated by the manufacturer as the sole supplier of its products. In March of 2026, there were 174 liquor and wine vendor licensees.

g. Manufacturer and other Vendor Licensees, of which there were over 550 as of March of 2026, including but not limited to:

i. Beverage Manufacturer Licensees who are authorized to manufacture beverages and specialty beverages to wholesale distributors. They are also authorized to sell beverages and specialty beverages to the public and to licensees, with restrictions.

ii. Brew Pub Licensees who manufacture beer or cider primarily for consumption on the licensed premises. They are authorized to sell directly to the general public and to licensees, with restrictions.

iii. Beverage Vendor Licensees represent out-of-state manufacturers and sell beverages and specialty beverages to wholesale distributor licensees. Beverage vendors are authorized to sell directly to New Hampshire retail licensees, with limitations.

iv. Tenant Brewer Manufacturing Licensees may produce or package beer or specialty beer on the premises of a host brewer licensed as a beverage manufacturer.

v. Liquor Manufacturer Licensees must ferment and distill liquor from raw materials, and may blend, age, and bottle those liquors or wine produced at the licensed premises in this state. A Liquor Manufacturer licensee may sell the liquor it manufactures to the NHLC for resale in this state and may transfer in bond to other licensed rectifiers, wine manufacturers, and liquor manufacturers.

vi. Wine Manufacturer Licensees may ferment fruit or other agricultural products containing sugar to produce table wine, and fortified wine. Each wine manufacturer in this state shall have the right to sell and to transport and deliver wines manufactured by it directly to the holders of on-premises or off-premises licenses issued by the NHLC.

h. Wholesale Distributors are licensed to purchase beer, wine and spirits from manufacturers and distributors and then re-sell the products in original containers to licensees for use in accordance with their license type. In March of 2026, there were 7 wholesale distributor licenses.

i. Direct Shippers are authorized to ship beer, wine or spirits directly to consumers or licensees in the State of New Hampshire. In March 2026, there were 1,243 direct shipper licensees.

1.1.3 NHLC Staff:

a. The Division of Enforcement & Licensing issues all liquor licenses in the State of New Hampshire, collects all monthly tax forms for wholesale distributors, beverage manufacturers, brew pub, tenant brewers, beverage vendors, liquor manufacturers, rectifiers, direct shippers/ carriers, and wine manufacturers, and collects all fees associated with the monthly reporting requirements. The auditing unit and direct shipping unit audit these reports for accuracy and completeness and to ensure compliance with state law. The Division of Enforcement & Licensing is implementing a new system to support the licensure process based on System Automation’s Evoke platform. Evoke will interface to NextGen and NextGen will provide licensing information to the new NHLC Website.

b. The Division of Marketing, Merchandising & Warehousing works with liquor and wine representatives and vendors to review and approve submissions of new products, quarterly cost changes, and monthly sale pricing on items for our 65 retail outlets and wholesale customer licensees (On, Off & Agency).

c. The Division of Finance & Audit staff manage financial transactions, process payments, reconcile revenue, and support reporting requirements for NHLC operations.

d. NHLC Retail Staff interact with the system to receive and prepare orders for pick up at the store.

1.3 NHLC Partners: The entities below are engaged in the daily operations of and support for the NHLC’s systems:

a. Exel Inc. dba DHL Supply Chain – Provides warehousing and distribution services for NHLC needs.

b. Essintial Enterprise Solutions, LLC – Provides hardware break/fix support for 65 retail locations

c. Bank of America – Acquiring bank for the State of New Hampshire

d. Cayan, LLC dba Global Payments, Inc. - Credit, debit and gift card sales at all outlet locations are processed through VeriFone pin pad devices supplied and supported by Cayan. They are integrated to the State’s acquiring bank through Cayan’s P2PE PCI DSS validated payment gateway.

e. New West Technologies – Provides and supports the GeniusPay for D365 payment connector software. GeniusPay integrates D365 POS with VeriFone pin pads.

f. NH Department of Administrative Services - Responsible for overall Executive Branch Financial Management and operation of the State’s financial system, NH First.

g. Lumovy Technology Solutions, LLC – Provides operations support and feature enhancements for NextGen Dynamics application.

h. GiveX USA Corporation - Manges the current gift card program

1.4 Website Statistics: The information in the table below are the actual amounts for the website for the Month of December 2025

Data Point Total Total $ of Online Orders $18,627,880.45 Total # of Online Orders 6,967 Total # Licensee Orders 5,350 Total # Retail Cust Orders 1,617 Total # In-Store Pick Up Orders 3,285 Total # Warehouse Orders 3,682 Avg Retail Cart $ $208.17

2. Scope of Work Overview The successful vendor will provide an e-commerce suite and configure, customize, host, and operate an e-commerce website, in a GovRAMP compliant environment, that supports customers from the general public and licensees of the NHLC. The system will interface with the NHLC’s NextGen system which is based on the Microsoft Dynamics 365 platform. The website will provide a customized experience based on the user type.

The general public will have access to product information, inventory levels, store locations, current promotions, upcoming events and other NHLC information. Members of the public who choose to create accounts on the website will have the additional ability to place orders for pickup from participating outlets, view their order history and opt in for specialized advertising and promotions.

Licensees will log in to their accounts and use functionality appropriate for their license type. On-premise and off-premise licensees will be able to place orders for authorized products for pick up at outlets or the warehouse or choose to have products delivered from the warehouse. They will be able to see their order history, see their account status, review and pay bills and see advertising and promotions appropriate for their license type. Brokers and vendors will be able to interact with NHLC’s Division of Marketing through workflows for submitting prospective products, submitting product pricing, proposing discounts or promotions, requesting product transfers and receiving reports and information downloads. Licensees will have the ability to view and download reports that are based on global information and that are based on licensee-specific data.

The NHLC Division of Marketing Staff will have the ability to interact with Licensees, Brokers and Vendors to participate in product workflows and provide customer support. They will also have the ability to manage information presented to the various user groups so as to provide targeted information, promotions, sales and other programs.

NHLC retail staff will be supported by an order fulfillment tool that notifies an outlet when orders for pickup have been placed, supports the picking of orders, and notifies customers when orders are ready for pickup.

The NHLC is also interested in eGift Cards and Customer Loyalty programs. Vendors will be asked to present their software suites ability to provide these functionalities for possible future implementation by the NHLC. The system must at a minimum have the ability to interact with eGift card and customer loyalty programs hosted externally.

The NHLC uses multiple vendors to conduct daily operations. The successful vendor must be ready to interact with NHLC staff and other vendors in a collaborative manner. They must be ready to fully engage in problem resolution activities even when the problem resides outside their direct area of responsibility.

3. Restrictions No equipment or services on the State of New Hampshire's Prohibited Technologies List found here:

Prohibited Technologies List and

No equipment or services on the FCC Covered List found here: FCC Section 2 List of Equipment and Services

4. Schedule of Events 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 & TIME (ET)

RFP Released to Vendors / Inquiry Period Begins (on or about)

Thursday, April 30, 2026

Notification to the State of the Number of Representatives Attending the Optional Vendor Conference

Friday, May 15, 2026, by 2:00 PM ET

Vendor Conference Tuesday, May 19, 2026, at 1:00 PM ET Microsoft Teams

Vendor Inquiry Period Ends (Final Inquiries due)

Friday, June 5, 2026, at 2:00 PM ET

Final State Responses to Vendor Inquiries Friday, June 19, 2026, by 2:00 PM ET Final Date and Time for Proposal Submission Friday, July 17, 2026, at 2:00 PM ET Invitations for Oral Presentations Wednesday, July 22, 2026 https://www.doit.nh.gov/ https://www.fcc.gov/supplychain/coveredlist

Vendor Presentations/Discussion Sessions/Interviews (Optional)

Starting the week of July 27, 2026

Estimated Date of Vendor Selection Friday, August 7, 2026 (estimate) Anticipated Governor and Council Approval Tuesday, November 11, 2026 (estimate)

SECTION 2: PROPOSAL SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS

1. Proposal Submission Proposals are to be submitted in both physical and electronic formats. Physical Proposals and Electronic Proposals submitted in response to this RFP must be received no later than the time and date specified in the Schedule of Events herein.

In the event of a discrepancy between the Physical Proposal and the Electronic Proposal submitted by a Vendor, the Physical Proposal shall take precedence.

Vendors are permitted to submit one (1) Proposal each with a unique solution in response to this RFP.

Proposals shall consist of a Technical Proposal and a Price Proposal. The Price Proposal must be labeled clearly and submitted separately from the Technical Proposal.

Late submissions will not be accepted. Delivery of the Proposals shall be the Vendor’s responsibility. The time of receipt shall be considered when a Proposal has been officially documented by the NHLC, in accordance with its established policies, as having been received at the location or via email as designated below. The NHLC accepts no responsibility for damaged, mislabeled, or undeliverable mailed or emailed Proposals.

A Vendor’s disclosure or distribution of its Proposal other than to the NHLC will be grounds for disqualification.

2. Physical Proposals Physical Proposals must be addressed to:

STATE OF NEW HAMPSHIRE

New Hampshire Liquor Commission Attn: Janet Donnelly 50 Storrs Street Concord, NH 03301

Proposals must be clearly marked as follows:

STATE OF NEW HAMPSHIRE

New Hampshire Liquor Commission RESPONSE TO RFP: NHLC RFP #2026-06 E-Commerce Modernization

Physical Submissions shall include:

2.1 Package 1- Technical Proposal:

a. One (1) original and five (5) clearly identified copies of the Technical Proposal, including all required attachments.

b. One (1) copy of the Proposal Transmittal Form Letter (included as Attachment 2: Transmittal Form Letter) shall be signed by an official authorized to legally bind the Vendor and shall be marked

“ORIGINAL.”

2.2 Package 2 – Price Proposal:

a. A separate Price Proposal must be labeled clearly and sealed separately from the Technical Proposal.

b. One (1) original and five (5) copies of the Price Proposal, including Pricing Tables E-1.1, E-1.2 and E-1.3 (as described in Appendix E), must be bound separately.

3. Electronic Proposals Electronic Proposals must be addressed to:

TO: Janet.M.Donnelly@liquor.nh.gov CC: Stephanie.D.Bosstick@liquor.nh.gov

Proposals must be clearly marked as follows:

Subject: RESPONSE TO RFP: NHLC RFP #2026-06 E-Commerce Modernization

3.1 Electronic Submissions must be submitted using the following criteria:

a. Searchable PDF Format

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

c. Exception: If files are greater than 10MB in size, the Vendor will be required to submit their Proposal in parts. It is the Vendor's responsibility to ensure a complete Proposal is submitted.

3.2 Electronic Submissions shall include:

Attachment 1: Technical Proposal:

a. The Technical Proposal, including all required attachments.

b. One (1) copy of the Proposal Transmittal Form Letter (included as Attachment 2: Transmittal Form Letter) shall be signed by an official authorized to legally bind the Vendor and shall be marked “ORIGINAL.”

Attachment 2: Price Proposal:

a. The Price Proposal must be labeled clearly and separately from the Technical Proposal.

b. The Price Proposal must include the Pricing Tables E-1.1, E-1.2, and E-1.3 (as described in

Appendix E).

4. Vendor Inquiries All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and any changes to the RFP, shall be submitted via email to the following RFP Point of Contact:

Janet Donnelly, Paralegal Email: Janet.M.Donnelly@liquor.nh.gov mailto:Janet.M.Donnelly@liquor.nh.gov

Inquiries must be received by the RFP Point of Contact no later than the conclusion of the Vendor Inquiry Period identified in the Schedule of Events. Inquiries received later than the conclusion of the Vendor Inquiry Period shall not be considered properly submitted and may not be considered. The State assumes no liability for assuring accurate/complete email transmission/receipt and is not required to acknowledge receipt.

The NHLC intends to issue official responses to properly submitted inquiries on or before the date specified in the Schedule of Events section, herein. The official responses will be posted to the NHLC’s website. The NHLC may consolidate and/or paraphrase questions for sufficiency and clarity. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the NHLC. Official responses by the NHLC will be made only in writing by the process described above.

The NHLC will require the selected Vendor to execute a Contract using the P-37 State of New Hampshire General Provisions and any attached exhibits. To the extent that a Vendor believes that exceptions to the standard form contract will be necessary for the Vendor to enter into the Agreement, the Vendor must submit those exceptions during the Vendor Inquiry Period.

5. Restriction of Contact with NHLC Employees 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 NHLC regarding this RFP is prohibited unless first approved by the RFP Point of Contact listed herein. NHLC employees have been directed not to hold conferences and/or discussions concerning this RFP with any potential Contractor during the selection process, unless otherwise authorized by the RFP Point of Contact. Vendors may be disqualified for violating this restriction on communications.

6. Validity of Proposal Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of Proposals in the Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later.

NH LIQUOR COMMISSION

SECTION 3: PROPOSAL ORGANIZATION, CONTENT, AND REQUIRED ITEMS

1. Proposal Organization Proposals should adhere to the following outline, with pages numbered and each section of the Proposal clearly identified:

1.1 Technical Proposal Organization

a. Cover Page

b. Transmittal Form Letter

c. Table of Contents

d. Section I: Executive Summary

e. Section II: Glossary of Terms and Abbreviations

f. Section III: Responses to Business and Technical Requirements

g. Section IV: Narrative Responses

h. Section V: Corporate Qualifications

i. Section VI: Qualifications of Key Vendor Staff

j. Section VII: Project Plan

k. Section VIII: Vendor Attachments

1.2 Price Proposal Organization

a. Cover Page

b. Price Proposal with price information as described in Appendix E: Pricing

2. Technical Proposal Components

2.1 Cover Page

The first page of the Vendor’s Technical Proposal should be a cover page containing the following text:

NEW HAMPSHIRE LIQUOR COMMISSION

RESPONSE TO RFP: NHLC RFP #2026-06 E-Commerce Modernization

TECHNICAL PROPOSAL

The cover page should also include the Vendor’s name, contact person, contact telephone number, address, city, state, zip code, fax number, and email address.

2.2 Transmittal Form Letter

The Vendor must submit a signed Transmittal Form Letter with their response using the Transmittal Form Letter template provided in Attachment 2. Any electronic alteration to the content of this Transmittal Form Letter template is prohibited. Any such changes shall result in a Proposal being rejected.

2.3 Table of Contents

The Vendor must provide a table of contents with corresponding page numbers relating to its Proposal.

2.4 Section I: Executive Summary

Section I shall provide an executive summary, not to exceed two (2) pages, identifying how the Vendor satisfies the goals of this RFP. The executive summary will also provide an overview of the Vendor’s proposed Solution and Services highlighting those factors that they believe distinguish their Proposal.

2.5 Section II: Glossary of Terms and Abbreviations

Section II shall provide a glossary of all terms, acronyms, and abbreviations used in the Vendor’s Proposal.

2.6 Section III: Responses to Business and Technical Requirements Section III shall include the tables from Appendix B: Business and Technical Requirements with Vendor’s responses to each table item. The Vendor must document the ability to meet the Business and Technical Requirements of this RFP.

2.7 Section IV: Narrative Responses

Section IV solicits narrative responses to the Topics for Mandatory Responses within Appendix C. Vendors must address each Topic. Discussion of each topic must begin on a new page.

2.8 Section V: Corporate Qualifications

Section V shall provide the corporate qualifications of the Vendor, and any Subcontractors proposed to participate in the Project. Specific information to be provided is described in the Standards for Describing Vendor Qualifications within Appendix D.

2.9 Section VI: Qualifications of Key Vendor Staff

Section VI shall be used to provide required information on the Vendor’s Key Project Staff. Specific information to be provided is described in the Standards for Describing Vendor Qualifications within Appendix D.

2.10 Section VII: Project Plan

Section VII shall provide a preliminary project plan which includes tasks with durations and milestones. While the start date of the project is not set, the duration of tasks is critical. The plan should follow the proposed implementation approach outlined in the vendor proposal.

2.11 Section VIII: Vendor Attachments

Section VII provides for extra materials as referenced within the Appendices such as Product Literature, Ad Hoc/Federal Reporting, Interface Standards, Testing (For UAT Plan) and Status Meetings and Reports.

3. Price Proposal Components

3.1 Cover Page

A Cover Page that includes the Vendor’s name, contact person, contact telephone number, address, city, state, zip code, fax number, and email address, as well as the following text:

NEW HAMPSHIRE LIQUOR COMMSSION

RESPNSE TO RFP: NHLC RFP #2026-06 E-Commerce Modernization

PRICE PROPOSAL

3.2 Price Proposal Details and Information

Vendor shall include the Price Proposal, which must describe the proposed price of the Vendor Proposal based on and reflected by the inclusion of the completed tables listed in Appendix E. As outlined in Section 2: Proposal Submission, Deadline, and Location Instructions, this price proposal must be labeled clearly and sealed separately from the Technical Proposal.

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SECTION 4: EVALUATION OF PROPOSALS

1. Criteria for Evaluation and Scoring

Each responsive Proposal will be evaluated and considered with regard to the Solution and Services proposed, qualifications of the Vendor and any Subcontractors, experience and qualifications of proposed candidates, and price.

If the NHLC determines to make an award, the NHLC will begin negotiations with a Vendor based on these evaluations. Should the NHLC be unable to reach agreement with the high scoring Vendor during Contract discussions, the NHLC may then undertake Contract discussions with the next high scoring Vendor and so on; or the NHLC may reject all Proposals, cancel this RFP, or solicit new Proposals under a new acquisition process.

The NHLC will use a scoring scale of one hundred (100) points. Points will be distributed as set forth in the table below.

Table 4.1: Scoring of Proposal

CATEGORIES POINTS

Technical Proposal with the following potential maximum scores for each Technical Proposal category listed below: 65

Base Product Functionality 15 Retail Customer/Licensee User Experience 5 NHLC Staff User Experience 5 Implementation Approach 15 Hosting and Operations Support 10 Enhancement Approach 10 Corporate Qualifications 5

Price Proposal Potential Maximum Points 35

TOTAL POTENTIAL MAXIMUM POINTS AWARDED 100

The NHLC 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 NHLC, will be used to refine and finalize technical scores.

2. Scoring Detail

a. Scoring the Base Product Functionality The Vendor’s Base Product Functionality will be allocated a maximum score of 15 Points. The main purpose of this section is to measure how well the Solution meets the business needs of the NHLC.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

b. Proposal Section IV: Narrative Responses

c. Vendor Presentation and Demonstration (if applicable)

b. Scoring the Retail Customer/Licensee User Experience The Retail Customer/Licensee User Experience be allocated a maximum score of 5 Points. The main purpose of this section is to measure how intuitive and easy to use the Solution will be for Retail Customers and Licensees.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

c. Scoring the NHLC Staff User Experience The NHLC Staff User Experience be allocated a maximum score of 5 Points. The main purpose of this section is to measure how intuitive and easy to use the Solution will be for NHLC Staff.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

d. Scoring the Implementation Approach The Implementation Approach will be allocated a maximum score of 15 Points. The main purpose of this section is to measure how viable the Vendor’s plan for the design, development, and implementation approach will be.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

b. Proposal Section IV: Narrative Responses

c. Vendor Presentation and Demonstration (if applicable)

d. Proposal Section VII: Project Plan

e. References

e. Scoring the Hosting and Operations Support The Hosting and Operations Support will be allocated a maximum score of 10 Points. The main purpose of this section is to measure how viable the Vendor’s plan for ongoing operations of the system approach will be.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

b. Proposal Section IV: Narrative Responses

d. References

f. Scoring the Enhancement Approach The Enhancement Approach will be allocated a maximum score of 10 Points. The main purpose of this section is to measure how viable the Vendor’s approach for the design, development, and implementation of future enhancements will be.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section III: Responses to Business and Technical Requirements

b. Proposal Section IV: Narrative Responses

c. Vendor Presentation and Demonstration (if applicable)

d. Software Development Life Cycle plan

e. References

g. Scoring the Corporate Qualifications The Vendor’s Corporate Qualifications will be allocated a maximum score of 5 Points. The main purpose of this section is to establish that the Vendor is capable of carrying out the Project through Implementation, Support Services, and Enhancements.

Scoring is primarily measured using vendor responses in the following sections:

a. Proposal Section V: Corporate Qualifications

b. References

h. Scoring the Price Proposal The Vendor’s Price Proposal will be allocated a maximum score of 35 Points. The NHLC will only consider Pricing provided in Appendix E - Pricing Tables E-1.1 through E-1.3. The price information required in a Proposal is intended to provide a sound basis for comparing price. The Vendor’s Price Score formula described in the Price Proposal Review and Scoring section below will be utilized for this scoring portion.

3. Planned Evaluations The NHLC plans to use the following process:

a) Initial screening to ensure that the Proposals are in compliance with submission requirements.

b) Preliminary evaluation of the Proposals.

c) Oral interviews and Product Demonstrations (if applicable).

d) Final Evaluation of Technical Proposals and scoring.

e) Review of Price Proposals and scoring.

f) Select the highest scoring Vendor and begin contract negotiation.

3.1 Initial Screening

The NHLC will conduct an initial screening step to verify Vendor compliance with the submission requirements and the minimum content set forth within this RFP. The NHLC 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. A Proposal that fails to satisfy either submission requirements or minimum standards may be rejected without further consideration.

3.2 Preliminary Technical Scoring of Proposals

The NHLC will establish an evaluation team. This evaluation team will review the Technical Proposals.

Price Proposals will remain unopened during the preliminary technical review, Oral Interviews and Product Demonstrations.

3.3 Oral Interviews and Product Demonstrations

At the NHLC’s discretion, Vendors may be invited to oral interviews and/or product demonstrations, including demonstrations of any proposed automated systems or technology components. The NHLC retains the sole discretion to determine whether to conduct oral interviews and product demonstrations, with which Vendors, the number of interviews and the length of time provided for the interview and Product demonstration. The NHLC may decide to conduct oral interviews or product demonstrations with less than all responsive Vendors.

The purpose of oral interviews and product demonstrations 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 and product demonstrations. The NHLC 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 and product demonstrations will be used to refine technical review scores assigned from the initial review of the Proposals. All costs associated with oral interviews and product demonstrations shall be borne entirely by the Vendor.

3.4 Final Scoring of Technical Proposals

Following Oral Interviews, Product Demonstrations, Reference Checks (if appropriate) and/or review of written clarifications of Proposals requested by the NHLC, the evaluation team will determine a final score for each Technical Proposal.

3.5 Price Proposal Review and Scoring

Price Proposals will be reviewed upon completion of the final scoring of Technical Proposals. The Vendor’s Price Proposal will be allocated a maximum potential score of 35 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 Price:

Vendor’s Price Score = (Lowest Proposed Price / Vendor’s Proposed Price) x Maximum Number of Points for Price Proposal.

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.

4. No Best and Final Offer

The Proposal should be submitted initially on the most favorable terms that the Vendor can offer. There will be no best and final offer procedure. The Vendor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or the entire Proposal.

5. Rights of the Agency in Accepting and Evaluating Proposals The NHLC reserves the right to:

a. Make independent investigations in evaluating Proposals.

b. Request additional information to clarify elements of a Proposal.

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

d. Omit any planned evaluation step if, in the NHLC’s view, the step is not needed.

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

f. Open contract discussions with the second highest scoring Vendor and so on, if the NHLC is unable to reach an agreement on Contract terms with the higher scoring Vendor(s).

SECTION 5: TERMS AND CONDITIONS RELATED TO THE RFP PROCESS

1. RFP Addendum The NHLC 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 NHLC, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate.

2. 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 NHLC from obtaining the best possible competitive Proposal.

3. Property of the State All material received in response to this RFP shall become the property of the State and will not be returned to the Vendor. Upon Contract award, the State reserves the right to use any information presented in any Proposal.

4. Confidentiality of a Proposal 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 NHLC without the NHLC’s prior consent may be grounds for disqualification.

5. Public Disclosure In general, the State is obligated to make public 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. The Right-to-Know law (RSA 91-A) obligates the State to conduct an independent analysis of the confidentiality of the information submitted, regardless of whether it is marked confidential.

In addition, the Governor and Council (G&C) contract approval process more specifically requires that pricing be made public and that any contract reaching the G&C agenda for approval be posted online.

5.1 Disclosure of Information Submitted in Response to RFP

Information submitted in response to this RFP is subject to public disclosure under the Right-to-Know law after the award of a contract by G&C. At the time of closing date for Proposals, the State will post the number of responses received with no further information. Pursuant to RSA 21-G:37, the State will also post the name and rank or score of each Vendor pursuant to the timeliness requirements therein.

Notwithstanding the Right-to-Know law, no information concerning the contracting process, including, but not limited to information related to proposals, communications between the parties or contract negotiations, shall be available until a contract is approved by G&C, or, if the contract does not require G&C approval, until the contract has been actually awarded. This means unsuccessful Vendors shall not be notified of the outcome until that time.

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 request for proposal 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 by any person or entity 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:

a. The State may disclose any and all portions of the proposal or related materials that 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;

b. 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

c. 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.

5.2 Electronic Posting of Resulting Contract

RSA 91-A obligates disclosure of contracts resulting from responses to RFPs. As such, the Secretary of State provides to the public any document submitted to G&C for approval, and posts those documents, including the contract, on its website. Further, RSA 9-F:1 requires that contracts stemming from RFPs be posted online. By submitting a Proposal, Vendors acknowledge and agree that, in accordance with the above-mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this RFP), any contract resulting from this RFP that is submitted to G&C for approval will be made accessible to the public online via the State’s website.

6. Non-Commitment Notwithstanding any other provision of this RFP, this RFP does not commit the NHLC to award a Contract.

The NHLC 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.

7. Proposal Preparation Cost By submitting a Proposal, a Vendor agrees that in no event shall the NHLC 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.

8. 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 applying to the RFP, or similar request for submission and every such vendor shall be disqualified from applying to 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 (DAS), which shall note that information on the list maintained on the State’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

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

10. Challenges on Form or Process of the RFP A vendor questioning the NHLC’s identification of the selected Vendor may request that the NHLC review its selection process. Such request shall be made in writing and be received by the NHLC within 5 (five) business days after the rank or score is posted on the NHLC website. The request shall specify all points on which the vendor believes the NHLC erred in its process and shall contain such argument in support of its position as the vendor seeks to present. In response, the issuing Agency shall review the process it followed for evaluating responses and, within 5 (five) business days of receiving the request for review, issue a written response either affirming its initial selection of a Vendor or canceling the application. In its request for review, a vendor shall not submit, and an Agency shall not accept nor consider, any substantive information that was not included by the vendor in its original application response. No hearing shall be held in conjunction with a review. The outcome of the NHLC's review shall not be subject to appeal.

SECTION 6: CONTRACT TERMS AND AWARD

1. Non-Exclusive Contract Any resulting Contract from this RFP will be a Non-Exclusive Contract. The State reserves the right, at its discretion, to retain other contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

2. Award Any resulting Contract is contingent upon approval of the Contract by Governor and Executive Council of the State of New Hampshire and upon continued appropriation of funding for the Contract.

3. Anticipated Contract Term The Vendor shall be fully prepared to commence work after full execution of the Contract by the parties, and the receipt of required governmental approvals, including, but not limited to, Governor and Executive Council of the State of New Hampshire approval (“Effective Date”).

The initial Contract Term will begin on the Effective Date and continue for five (5) years. The Contract Term may be extended up by up to two extensions of two years each (“Extended Contract Term”) at the sole option of the State, subject to the party’s prior written agreement on terms and applicable fees for each extended Contract Term, contingent upon satisfactory vendor performance, continued funding and Governor and Executive Council approval.

4. Standard Contract Terms The NHLC will require the successful vendor to execute a Not to Exceed Contract. The P-37 State of New Hampshire General Provisions and Exhibits, identified in Appendix I will form the basis of any Contract resulting from this RFP.

To the extent that a Vendor believes that exceptions to the standard form Contract will be necessary for the Vendor to enter into the Agreement, the Vendor should note those issues during the Vendor Inquiry Period.

The NHLC will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. If the NHLC accepts a Vendor’s exception the NHLC will, at the conclusion of the inquiry period, provide notice to all potential Vendors of the exceptions which have been accepted and indicate that exception is available to all potential Vendors. Any exceptions to the standard form contract that are not raised during the Vendor inquiry period are waived. 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.

4.1 Contract Negotiations and Unsuccessful Vendor Notice

If a Vendor is selected, the State will notify the selected Vendor in writing of their selection and the State’s desire to enter into contract discussions. Until the State successfully completes discussions with the selected Vendor, all submitted Proposals remain eligible for selection by the State. In the event contract discussions are unsuccessful with the selected Vendor, the evaluation team may recommend another Vendor.

4.2 Subcontractors

The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether a Subcontractor is used. The State will consider the Vendor to be the sole point of contact regarding all contractual matters, including payment of any and all charges resulting from any Contract.

5. Related Documents Required The selected Vendor will be required to submit the following documents prior to Contract approval:

a. Certificate of Good Standing obtained by the Secretary of State of New Hampshire.

b. Certificate of Authority/Vote - The Certificate of Authority/Vote authorizes, by position, a representative(s) of your corporation to enter into an Agreement or amendment with the State of New Hampshire.

c. Certificate of Insurance - Certificate of Insurance evidencing coverage as required under the Contract.

d. Workers’ Compensation coverage must comply with State of NH RSA 281-A.

APPENDIX A: VENDOR CONFERENCE REQUIREMENTS

APPENDIX A: VENDOR CONFERENCE REQUIREMENTS

An Optional Vendor Conference will be held via Microsoft Teams on the date and at the time identified in the Schedule of Events. All Vendors who intend to submit Proposals are encouraged to plan to attend the Vendor Conference

Vendors are requested to RSVP to the NHLC Point of Contact via email by the date identified in the Schedule of Events, indicating the name and email address of individuals who will attend the Vendor Conference. NHLC will send Microsoft Teams invitations two days prior to the conference.

Vendors will have an opportunity to ask questions about the RFP and the State will make a reasonable attempt to answer questions it deems appropriate. Questions may include, without limitation, a request for clarification of the RFP; a request for changes to the RFP; suggestions or changes to the RFP that could improve the RFP competition or lower the offered price; and to review any applicable Documentation.

Vendors are encouraged to email inquiries at least 2 days prior to the Vendor Conference. No responses will be given prior to the Vendor Conference. Oral answers will not be binding on the State. The State’s final response to Vendor inquiries and any requested changes to terms and conditions raised during the Vendor Inquiry Period will be posted to the NHLC Website by the date specified as the final State responses to Vendor inquiries as specified in the Schedule of Events. Vendors are responsible for any costs associated with attending the Vendor Conference.

APPENDIX B: BUSINESS AND TECHNICAL REQUIREMENTS

1. Statement of…