RFP PSTC 2025-001.pdf

State of New Hampshire Police Standards & Training Council

REQUEST FOR PROPOSALS

FOR

DE-ESCALATION AND DECISION-MAKING SIMULATION

TRAINING DEVICES

RFP PSTC-2025-001

TABLE OF CONTENTS

I. OVERVIEW AND SCHEDULE

A. PURPOSE

B. SCHEDULE

C. BACKGROUND

D. VENDOR INSTRUCTIONS

II. REQUIREMENTS AND SCOPE OF WORK

A. MINIMUM VENDOR REQUIREMENTS

B. PROPOSED SCOPE OF WORK

III. CONTRACT TERMS AND CONDITIONS ............ ERROR! BOOKMARK NOT DEFINED.

A. AWARD

B. STANDARD CONTRACT TERMS

IV. REQUEST FOR PROPOSAL PROCESS

A. POINT OF CONTACT

B. VENDOR INQUIRIES

V. RFP TERMS AND CONDITIONS

A. DEBARMENT

B. PROPOSAL PREPARATION COST

C. VALIDITY OF PROPOSAL

D. RFP ADDENDUM

E. NON-COLLUSION

F. PROPERTY OF THE AGENCY

G. PROPOSAL CONFIDENTIALITY

H. PUBLIC DISCLOSURE

I. NON-COMMITMENT

J. ETHICAL REQUIREMENTS

K. CHALLENGES TO FORM OR PROCESS

L. COMPLIANCE

VI. EVALUATION OF PROPOSALS

A. CRITERIA FOR EVALUATION AND SCORING

B. ORAL INTERVIEWS AND PRESENTATIONS

C. NO BEST AND FINAL OFFER

D. RIGHTS OF PSTC IN ACCEPTING AND EVALUATING PROPOSALS

VII. PROCESS FOR SUBMITTING A PROPOSAL

VIII. PROPOSAL CONTENT AND REQUIREMENTS

A. CONTENT AND FORMAT

B. TERMS AND REQUIREMENTS

APPENDIX: FORM P-37

I. Overview and Schedule

A. Purpose

This request for proposals (RFP) is issued by the New Hampshire Police Standards & Training Council (PSTC) to solicit proposals for a vendor to provide simulation training equipment/devices that will help train recruit and in-service law enforcement officers in the areas of de-escalation and communication strategies, as well as appropriate use of force decision-making, when engaged with citizens who present with varying degrees of compliance as might be manifested from an underlying mental health condition, a drug/alcohol/medical event, or underlying criminal intent.

B. Schedule

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

EVENT DATE LOCAL TIME

RFP Released (Advertisement) 03/11/2025 Vendor Inquiry Period Ends 03/21/2025 4:00 PM Final PSTC Responses to Vendor Inquiries 03/24/2025 4:00 PM Vendors Submit Proposals 03/28/2025 4:00 PM Estimate Timeframe for Interviews and Presentations (if needed)

04/04/2025

Estimated Notification of Selection 04/11/2025

C. Background

The New Hampshire Police Standards & Training Council (PSTC) is a state agency offering mandated basic and in-service training to state, county, and local police officers, state correctional officers and probation/parole officers.

Among its functions, the council operates the basic law enforcement training program which all state, county and local police officers must attend and successfully complete within 6 months of their date of hire as a condition of certification as a full-time police officer. The police academy is currently 16 weeks in length during which 740+/- hours of training is delivered.

New Hampshire has approximately 4,000 certified officers.

Over the last four years, through both Governor Executive Order and legislative actions, there has been a renewed effort to educate and train new police recruits as well as all incumbent officers on the best techniques available to tactically communicate, de-escalate and respond with reasonable and necessary force as dictated situationally with the citizens that they encounter. Some of these efforts include new curriculum in both the recruit academies and in-service training on crisis intervention, de-escalation, dealing with people who are suffering from a mental health crisis or the effects of the misuse of drugs or alcohol, and decision-making to reach an appropriate law enforcement objective that is reasonable and necessary within a particular fact pattern or situation. We have determined that the use of simulation training equipment that allows for an immersive training experience, such as interactive projected imagery simulators and/or virtual reality training simulators, provides a valuable, engaging, consistent, and safe training opportunity to learn and reinforce those skills.

PSTC has possessed a training simulator for over 10 years and uses it extensively, but simulation technology has advanced tremendously, and the service contract is ending and the simulator will no longer be eligible for updates.

The purpose of this RFP is to seek proposals from qualified individuals or vendors to make available for purchase or lease such training equipment that includes a service or maintenance plan.

D. Vendor Instructions

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

II. Requirements and Scope of Work

A. Minimum Vendor Requirements

Vendors must be well-respected and established persons, firms or corporations that operate nationally or regionally in the field of law enforcement training to provide this type of training equipment. Vendors must have verified experience providing this equipment to statewide police academies, regional police academies that serve multiple agencies, or major police agencies, to the demonstrated satisfaction of the client agencies.

Vendors must provide the names, addresses and telephone numbers of prior and existing clients to assist in any verification process that PST shall employee as a part of the RFP process.

Vendors must provide a detailed description of proposed simulation equipment and technology and include a pricing breakdown, including equipment, installation, training, and support costs;

estimated delivery, setup, and training timeline; and warranty and support service details.

B. Proposed Scope of Work

The vendor will be responsible for the following:

Supplying simulation training equipment, including but not limited to:

o Interactive video-based training systems.

o Virtual reality (VR) or augmented reality (AR) simulation platforms.

o Firearms training simulators with force-on-force and judgmental use-of-force scenarios.

o De-escalation and crisis intervention simulation modules.

Installing and configuring the equipment at the police academy facility as necessary.

Providing software with a library of realistic training scenarios covering de-escalation, mental health crises, and use-of-force decision-making in police and corrections settings.

Delivering comprehensive training and user manuals for instructors and staff.

Providing ongoing technical support, maintenance, and software updates.

The proposed system must meet the following technical specifications:

High-resolution display and immersive sound quality for a realistic training environment.

Scenarios with adjustable difficulty levels and customizable options.

Realistic weapon handling, including inert firearms with recoil simulation.

Ability to integrate biometric and trainee performance tracking.

Compatibility with existing training infrastructure, where applicable.

Cloud-based or local data storage for training reports and analytics.

Compliance with industry safety standards and best practices.

The selected vendor shall provide:

A detailed project implementation plan, including installation timelines.

Full installation and configuration of the simulation equipment.

Training for academy instructors on how to use the system effectively.

A warranty plan with ongoing technical support and maintenance.

Product documentation, including user manuals and troubleshooting guides.

C. Award

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

D. 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.

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 IV-B. PSTC will review requested exceptions and accept, reject, or note that it is open to negotiation of the proposed exception at its sole discretion. If PSTC accepts a vendor’s exception, PSTC will, at the conclusion of the inquiry period, provide notice to all potential proposers of the exceptions which have been accepted and indicate that the exception is available to all potential proposers. Any exceptions to the standard form contact that are not raised during the proposer inquiry period are waived.

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 to the P-37, Exhibit B – Scope of Services, and Exhibit C – Payment Terms) and are not references to sections of this

RFP.

IV. Request for Proposal Process

A. Point of Contact

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

Director John V. Scippa, PSTC john.v.scippa@pst.nh.gov

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

PSTC 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 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, page number, and relevant paragraph and include the vendor’s name, telephone number, and e-mail address.

PSTC’s responses to properly submitted inquiries will be posted on or before the date specified in the Schedule of Events, subject to change at the Agency’s discretion.

PSTC may consolidate and/or paraphrase questions for sufficiency and clarity. PSTC may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon PSTC. Official responses by PSTC 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.

V. 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 PSTC 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

PSTC 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, PSTC, 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 PSTC from obtaining the best possible competitive proposal.

F. Property of the Agency

All material received in response to this RFP shall become the property of PSTC and will not be returned to the vendor. Upon contract award, PSTC 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 PSTC 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. Pursuant to RSA 91-A and RSA 9-F:1, the Secretary of State will post to the public any document submitted to the Governor and Executive Council for approval, including contracts resulting from this RFP, and posts those documents on its website (https://sos.nh.gov/administration/miscellaneous/governor-executive-council/). 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/).

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.

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 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. Non-Commitment

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

J. Ethical Requirements

From the time this RFP is published until a contract is awarded, no vendor shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. Any vendor that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any vendor who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFP, or similar request for submission and every such vendor shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A vendor that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the Department of Administrative Services, which shall note that information on the list maintained on the State’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

K. Challenges to Form or Process

Any challenges regarding the validity or legality of the form and procedures of this RFP, including but not limited to the evaluation and scoring of proposals, shall be brought to the attention of PSTC at least five (5) business days prior to the proposal submission deadline. The request must be in writing and 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. By submitting a proposal, the vendor is deemed to have waived any challenges to the form or process set forth in this RFP.

L. Compliance

Vendors must be in compliance with applicable federal and state laws, rules and regulations, and applicable policies and procedures adopted by PSTC currently in effect, and as they may be adopted or amended during the contract period.

VI. Evaluation of Proposals

A. Criteria for Evaluation and Scoring

The Director of PSTC and designated staff members will evaluate each responsive proposal using a scoring scale of 100 points and will measure the degree to which each proposal meets the criteria as set forth in the table below.

CATEGORIES POINTS

Cost Proposal 30 Depth and Applicability of Prior Vendor Experience 20

Completeness, Currency, and Relevance of the Response 20 Training and Product Support 10 Quality and Realism of Simulation Technology 20

TOTAL MAXIMUM POINTS 100

PSTC will select a vendor based upon the criteria and standards contained in this RFP and from applying the weighting in this section. PSTC will form an evaluation committee to evaluate and score the proposals. PSTC will conduct an initial screening to verify vendor compliance with the proposal submission requirements set forth in Sections IV, VII, and VIII. PSTC 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. Oral interviews and reference checks, to the extent they are utilized by PSTC, will be used to refine and finalize scores. The contract award(s) will be made to the vendor receiving the highest number of evaluation points.

PSTC reserves the right to reject any and all proposal and to negotiate the terms or price with any vendor and to include the results of these negotiations in a contract. PSTC further reserves the right to seek further information and/or clarification of any proposal.

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

B. Oral Interviews and Presentations

If PSTC determines that it is appropriate, vendors may be invited to oral interviews and/or presentations. PSTC retains the sole discretion to determine whether to conduct oral interviews and/or presentations, with which vendors, and the number of interviews. Vendors are advised that PSTC may decide to conduct interviews and/or presentations with less than all responsive vendors.

The purpose of oral interviews and presentations 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 presentations. PSTC may ask the vendor to provide written clarifications of elements in their proposal regardless of whether it intends to conduct oral interviews and/or presentations. The oral interviews and/or presentations will be conducted in-person at PSTC in Concord, New Hampshire. PSTC will not reimburse vendors for any costs incurred. PSTC will notify eligible vendors regarding interview/oral presentation arrangements.

C. No Best and Final Offer

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

D. Rights of PSTC in Accepting and Evaluating Proposals

PSTC 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 PSTC’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 PSTC is unable to reach an agreement on contract terms with the higher scoring vendor(s).

VII. Process for Submitting a Proposal

Proposals must be submitted in hard copy and with electronic copy to PSTC and must be received no later than the proposal due date as specified in the Schedule of Events: Friday, March 22, 2025, by 4:00 p.m.

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 PSTC, in accordance with its established policies, as having been received at the location designated below. PSTC 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 be signed by a person with authority to sign contracts on behalf of the vendor.

The proposal must be sealed in an envelope clearly marked as follows:

Police Standards and Training Council Response to RFP PSTC-2025-001

DE-ESCALATION AND DECISION-MAKING SIMULATION

TRAINING DEVICES

Proposals may be submitted in person or via mail or other delivery, addressed to:

Director John V. Scippa NH Police Standards and Training Council

17 Institute Drive Concord, NH 03301-7413

The submission shall include:

1. One (1) original and four (4) identified copies of the proposal including required attachments; and

2. One (1) electronic submission via USB drive.

VIII. Proposal Content and Requirements

A. Content and Format

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

1. Cover Page: The first page of a vendor’s proposal must be a cover page displaying the following:

Response to RFP PSTC-2025-001

DE-ESCALATION AND DECISION-MAKING SIMULATION TRAINING DEVICES

Vendor’s Name:

Contact Person:

Telephone Number:

Address:

Fax Number:

Email Address:

2. Subsequent Pages: All subsequent pages of a proposal must indicate the vendor’s name and page number.

3. Letter of Transmittal: The letter must be brief and signed by a person authorized to commit the organization to perform the work specified in the RFP. It shall identify all materials and enclosures that comprise the proposal.

The letter must also identify the individual who shall serve as the vendor’s representative in all matters relating to this RFP.

4. Table of Contents: The vendor must provide a table of contents with corresponding page numbers relating to each section of its proposal, including any appendices if applicable.

5. Vendor Profile: The vendor must provide the following information concerning the vendor and the personnel who will be assigned to this project: brief history of the vendor and years in business, description of organizational structure and number of employees, location and local presence, and experience with similar projects. The vendor must also disclose any litigation, previous or outstanding, relating to vendor’s performance of service contracts, or an account of why this information is not provided.

6. Qualifications and Key Personnel: The vendor must provide the names and curriculum vitae of each employee of the vendor who will work on this project, including but not limited to experience, education, and professional qualifications. This should include authorship of books, papers, texts, and other relevant accomplishments. The vendor must identify the manager of the project, including qualifications and highlighting similar projects successfully managed. The vendor shall not include personal information such as social security number, date of birth, or home address unless it is the same as the business address.

7. References: The vendor must provide a complete and unedited list of customers for whom the vendor has completed similar services or is presently engaged, including the contact information for all listed customers.

8. Detailed Explanation of Proposed Services: The vendor must include a comprehensive response to Section II – Requirements and Scope of Work, including each subsection. The vendor must identify which requirements can be fully met, partially, or not at all.

9. Cost Proposal: The cost proposal must detail all costs and expenses associated with the services at all stages. PSTC reserves the right to review all aspects of the cost proposal for reasonableness, to request clarification of any part or parts, and to negotiate cost terms. Alternative cost proposals that will increase efficiency and reduce costs without diminishing the quality of services will be considered.

10. Conflicts of Interest: The vendor must identify any potential conflicts of interests that it may have. The vendor must provide a complete and unedited list of New Hampshire law enforcement agencies for whom the vendor has provided, or is presently engaged in providing, policy development and/or accreditation services.

11. Supplemental Information: A vendor may furnish such supplemental information as the vendor believes will be valuable to the vendor selection committee in evaluating the qualifications of its personnel and merits of its proposal. The vendor may feature those elements of its firm, its personnel, or its proposal which distinguish it from other vendors likely to submit proposals. The vendor selection committee reserves the right to request additional information from any and all vendors during the vendor selection process.

12. Certificates of Good Standing, Authority, and Insurance: If a contract is awarded to a vendor, the vendor will be required to obtain and furnish proof that the vendor is in compliance with RSA 5:18-a, including registration with the New Hampshire Secretary of State and authority of the signatory to bind the vendor, and that the vendor maintains appropriate general liability and worker’s compensation insurance, if applicable.

B. Terms and Requirements

Consistent with PSTC policy, the purpose of this RFP is to encourage free and open competition among vendors. Specifications, proposals, and conditions are designed to accomplish this objective, consistent with PSTC needs and guidelines.

The vendor’s signature on a proposal submitted in response to this RFP constitutes the vendor’s representations that:

1. All prices have been established without collusion with other eligible vendors and without effort to preclude PSTC from obtaining the best possible competitive proposal.

2. Vendor is not aware of any potential conflicts of interest which might arise out of work performed or being performed for any other clients or contracts or due to a past or present relationship of any sort between employees or representatives of the vendor, and employees of the State of New Hampshire, except those conflicts which have been fully disclosed in response to the RFP.

3. Vendor will not offer any gratuity, service, or special benefit to any employee of PSTC or council member.

4. PSTC shall not be held liable for any costs incurred by the vendor in the preparation of the proposal, or for work performed prior to the contract effective date. All costs of preparing a proposal in response to this RFP are to be borne by the vendor and may not be included in the proposal price.

5. The successful vendor is solely responsible for meeting all terms and conditions specified in this RFP, its proposal, and any resulting contract. The successful vendor may not subcontract any portion of the resulting contract without the written approval of PSTC.

6. All material received in response to this RFP will become the property of PSTC and will not be returned to the vendor. The vendor section committee may use any information elicited by the RFP to determine the solution that best meets the needs of PSTC.

7. This RFP does not commit PSTC to award a contract.

8. Any contract awarded as a result of the RFP will be originated by PSTC and shall be governed by the laws of New Hampshire.

Appendix: Form P-37