State of New Hampshire
Division of Procurement and Support Services
Bureau of Purchase and Property
25 Capitol Street, State House Annex
Concord, NH 03301-6398
Date of Bid Closing:
Time of Bid Closing:
10:30 AM (EST)
PLEASE DIRECT ANY QUESTIONS REGARDING THIS BID TO JENNIFER JACK: E-mail JENNIFER.JACK@DAS.NH.Gov
EMAIL YOUR BID TO:PRCHWEB@NH.GOV
BID INVITATION FOR: EMC HARDWARE, INSTALLATION AND TRAINING
[Insert name of signor]_____________________________, on behalf of _____________________________ [insert name of entity submitting bid
(collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New
Hampshire in response to BID 104-19 at the price(s) quoted herein in complete accordance with the bid.
Vendor attests to the fact that:
1. The Vendor has reviewed and agreed to be bound by the Bid.
2. The Vendor has not altered any of the language or other provisions contained in the Bid document.
3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above.
4. The prices Vendor has quoted in the Bid were established without collusion with other vendors.
5. The Vendor has read and fully understands this Bid.
6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or
principal officers (principal officers refers to individuals with management responsibility for the entity or association):
a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law
or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been
b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;
c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other
document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal,
d. Is currently debarred from performing work on any project of the federal government or the government of any state;
e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;
f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department,
agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the
department, agency, board, or commission is charged with implementing;
g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or
any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;
h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;
i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in
this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or
j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year.
This document shall be signed by a person who is authorized to legally obligate the responding vendor. A signature on this document
indicates that all State of New Hampshire terms and conditions are accepted by the responding vendor and that any and all other terms
and conditions submitted by the responding vendor are null and void, even if such terms and conditions have terminology to the contrary.
The responding vendor shall also be subject to State of New Hampshire terms and conditions as stated on the reverse of the purchase order.
Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________
NOTARY PUBLIC/JUSTICE OF THE PEACE
COUNTY: ___________________________ STATE: ______________
On the _____ day of _______________, 2018, personally appeared before me, the above named ________________________, in his/her capacity
as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to
the best of his/her knowledge and belief.
In witness thereof, I hereunto set my hand and official seal.
(Notary Public/Justice of the Peace)
My commission expires: _________________________________________________________ (Date)
Unless specifically amended or deleted by the Division of Procurement and Support Services, the following General Terms and Conditions
apply to this Bid and any resulting Purchase Order or Contract.
Page 1 of 12
Revised 10/4/2018 LMR
GENERAL CONDITIONS AND INSTRUCTIONS:
NATURE OF, AND ELIGIBILITY TO RESPOND. This bid invitation is submitted in accordance with Chapter 21-1, and rules promulgated
thereunder, and constitutes a firm and binding offer. A bid may not be withdrawn unless permission is obtained from the Bureau of
Purchase and Property.
Bids may be issued only by the Bureau of Purchase and Property and are not transferable.
SAMPLES AND DEMONSTRATIONS. When samples are required they must be submitted free of costs and will not be returned. Items left
for demonstration or evaluation purposes shall be delivered and installed free of charge and shall be removed at no cost to the State.
Demonstration units shall not be offered to the State as new equipment.
BIDS. Bids must be received at the Bureau of Purchase and Property before the date and time specified for the closing. Bids must be
submitted on this bid form or exact copies and must be typed or clearly printed in ink. Corrections must be initialed. Bids are to be
made less Federal Excise Tax and no charge for handling unless required by law.
SPECIFICATIONS. Vendors must submit on items as specified. Proposed changes must be submitted in writing and received at the
Bureau of Purchase and Property at least five (5) business days prior to the bid closing.. Vendors shall be notified in writing if any
changes to the specifications are made.
AWARD. The award will be made to the responsible Vendor submitting a conforming bid meeting specifications at the lowest cost
unless other criteria are noted in the bid. Unless otherwise noted, the award may be made by individual items.
If there is a discrepancy between the unit price and the extension, the unit price will prevail.
When identical low bids are received the award will be made in accordance with the Administrative Rules.
Discounts will not be considered in making award but may be offered on the Invoice for earlier payment and will be applicable on the
date of completion of delivery or receipt of Invoice, whichever is later. On orders specifying split deliveries, discounts will apply on the
basis of each delivery or receipt of Invoice, whichever is later.
PATENT INFRINGEMENT. Any responding vendor who has reason to believe that any other responding vendor will violate a patent should
such responding vendor be awarded the contract shall set forth in writing, prior to the date and time of closing, the grounds for his
belief and a detailed description of the patent.
ASSIGNMENT PROVISION. The responding vendor hereby agrees to assign all causes of action that it may acquire under the antitrust
laws of New Hampshire and the United States as the result of conspiracies, combinations, or contracts in restraint of trade which
materially affect the price of goods or services obtained by the state under this contract if so requested by the State of New Hampshire.
FEDERAL FUNDS. This Division of Plant and Property Management, under RSA 21-1:14, VIII shall assure the continuation or granting of
federal funds or other assistance not otherwise provided for by law by following the Federal Procurement Standards.
STATE’S OPTIONS: The Bureau of Purchase and Property reserves the right to reject or accept all or any part of any bid, to determine
what constitutes a conforming bid, to award the bid solely as it deems to be in the best interest of the State, and to waive irregularities
that it considers not material to the bid.
PUBLIC INFORMATION: The responding vendor hereby acknowledges that all information relating to this bid and any resulting order
(Including but not limited to fees, contracts, agreements and prices) are subject to these laws of the State of New Hampshire regarding
PERSONAL LIABILITY: The responding vendor agrees that in the preparation of this bid or the execution of any resulting contract or order,
representatives of the State of New Hampshire shall incur no liability of any kind.
PROOF OF COMPLIANCE. The responding vendor may be required to supply proof of compliance with proposal specifications. When
requested, the responding vendor must immediately supply the Bureau of Purchase and Property with certified test results or certificates
of compliance. Where none are available, the State may require independent laboratory testing. All costs for such testing certified test
results or certificate of compliance shall be the responsibility of the responding vendor.
FORM OF CONTRACT. The terms and conditions set forth in any additional Terms and Conditions by the Bureau of Purchase and Property
are part of the bid and will apply to any contract awarded the responding vendor unless specific exceptions are taken and accepted
and will prevail over any contrary provisions in Terms and Conditions submitted by the responding vendor.
Page 2 of 12
Revised 10/4/2018 LMR
CONTRACT TERMS AND CONDITIONS
1. The State of New Hampshire, acting through the Division of Procurement and Support Services, engages the firm or individual ("the
Vendor") to perform the services and/or sale of goods, described in the attached State documents, if any, and the Vendor’s bid or
quotation, both of which are incorporated herein by reference.
2. COMPLIANCE BY VENDOR WITH LAWS AND REGULATIONS. In connection with the performance of this agreement, the Vendor shall
comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which shall impose any obligation
or duty upon the Vendor, including, but not limited to civil rights and equal opportunity laws.
3. TERM. The contract and all obligations of the parties thereunder, shall become effective on a specified date and shall be completed
in their entirety prior to a specified date. Any work undertaken by the Vendor prior to the effective date shall be at his sole risk and, in
the event that the contract shall not become effective, the State shall be under no obligation to reimburse the Vendor for any such
4. CONDITIONAL AGREEMENT. Notwithstanding any provision of the Agreement to the contrary, all obligations of the State hereunder,
including without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation
of funds, and in no event shall the State be liable for any payments hereunder in excess of such available appropriated funds, in the
event of a reduction or termination of appropriation of funds, and in no event shall the State be liable for any payments hereunder in
excess of such available appropriated funds, in the event of a reduction or termination of appropriated funds, the State shall have the
right to withhold payment until such funds become available, if ever, and shall have the right to terminate the Agreement immediately
upon giving the Vendor notice of such termination. The State shall not be required to transfer funds from any other account in the event
of funds in that Account are reduced or unavailable.
5. CONTRACT PRICE. The contract price, a payment schedule and a maximum limitation of price shall be as specified by the bid
invitation and the Vendor’s bid. All payments shall be conditioned upon receipt, and approval by the State, of appropriate vouchers
and upon satisfactory performance by the Vendor, as determined by the State. The payment by the State of the Contract Price shall
constitute complete reimbursement to the Vendor for all expenses of any nature incurred by the Vendor in the performance by the
Vendor and complete payment for the Services. The State shall have no other liability to the Vendor.
6. DELIVERY. If the vendor fails to furnish items and/or services in accordance with all requirements, including delivery, the state may re-
purchase similar items from any other source without competitive bidding, and the original vendor may be liable to the state for any
excess costs. If a vendor is unable to complete delivery by the date specified, he must contact the using agency. However, the
agency is not required to accept a delay to the original delivery date. All deliveries are subject to inspection and receiving procedure
rules as established by the State of New Hampshire. State personnel signatures on shipping documents shall signify only the receipt of
7. INVOICING. All invoices must list Order Number, Unit and Extension Prices and discounts allowed. A separate invoice shall be
submitted for each order. Unless otherwise noted on the invitation to bid or purchase order, payment will not be due until thirty (30) days
after all services have been completed, or all items have been delivered, inspected and accepted or the invoice has been received,
whichever is later.
8.1. The Vendor shall disclose in writing the names of all owners (5% or more), directors, officers, employees, agents or subcontractors
who are also officials or employees of the State of New Hampshire. Any change in this information shall be reported in writing within
fifteen (15) days of their occurrence.
8.2. The person signing this agreement on behalf of the State, or his or her delegee ("Contracting Officer") shall be the State’s
representative for purposes of this agreement. In the event of any dispute concerning the interpretation of this agreement, the
Contracting Officer’s decision shall be final.
8.3. The vendor shall at its own expense provide all personnel necessary to perform the services required under this agreement. The
Vendor warrants that all personnel engaged in the services shall be qualified to perform the services and shall be properly licensed and
otherwise authorized to do so under all applicable laws.
8.4. Unless otherwise authorized in writing, during the term of the Agreement, and for a period of six (6) months after completion of the
agreement, the Vendor shall not hire and shall not permit any subcontractor or other person, firm or corporation with whom it is
engaged in a combined effort to perform the services to hire, any person, who is a State employee or official, who is materially involved
in the procurement administration or performance of this.
9. EVENT OF DEFAULT; REMEDIES.
9.1. Any one or more of the following acts or omissions of the Vendor shall constitute an event of default hereunder ("Events of Default"):
9.1.1. failure to deliver the goods or services satisfactorily or on schedule; or
9.1.2. failure to submit any report required hereunder; or
9.1.3. failure to perform any of the other covenants and conditions of this agreement.
Page 3 of 12
Revised 10/4/2018 LMR
9.2. Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
9.2.1. give the Vendor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a
greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied,
terminate this agreement, effective two (2) days after giving the Vendor notice of termination; and
9.2.2. give the Vendor a written notice specifying the Event of Default and suspending all payments to be made under this agreement
and ordering that the portion of the Contract Price, which would otherwise accrue to the Vendor during the period from the date of
such notice until such time as the State determines that the Vendor has cured the Event of Default, shall never be paid to the Vendor;
9.2.3. set off against any other obligation the State may owe to the Vendor any damages the State suffers by reason of any Event of
9.2.4. treat the agreement as breached and pursue any of its remedies at law or in equity, or both.
10. WAIVER OF BREACH. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of
its rights with regard to that Event, or any subsequent Event. No express failure of any Event of Default shall be deemed a waiver of any
provision hereof. No such failure or waiver shall be deemed a waiver of the right of the State to enforce each and all of the provisions
hereof upon any further or other default on the part of the Vendor.
11. VENDOR’S RELATION TO THE STATE. In the performance of this agreement the Vendor is in all respects an independent contractor,
and is neither an agent nor an employee of the State. Neither the Vendor nor any of its officers, employees, agents or members shall
have authority to bind the State nor are they entitled to any of the benefits, workmen’s compensation or emoluments provided by the
State to its employees.
12. ASSIGNMENT AND SUBCONTRACTS. The Vendor shall not assign, or otherwise transfer any interest in this agreement without the prior
written consent of the State. No work required by this contract shall be subcontracted without the prior written consent of the State.
13. INDEMNIFICATION. The contractor shall defend, indemnify and hold harmless the State, its officers and employees, from and against
any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the
State, its officers and employees, by or on behalf of any person, on account of, based on, resulting from, arising out of (or which may be
claimed to arise out of) the acts or omissions of the Vendor. Notwithstanding the foregoing, nothing herein contained shall be deemed
to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant shall survive
the termination of this agreement.
13.1 PATENT PROTECTION. The seller agrees to indemnify and defend the State of New Hampshire from all claims and losses resulting
from alleged and actual patent infringements and further agrees to hold the State of New Hampshire harmless from any liability arising
under RSA 382-A:2-312(3). (Uniform Commercial Code).
14.1. The Vendor shall, at its sole expense, obtain and maintain in force and shall require any subcontractor or assigned to obtain and
maintain in force, the following insurance.
14.1.1. comprehensive general liability insurance against all claims of bodily injury death or property damage, in amounts of not less
than $1,000,000 per occurrence and $2,000,000 aggregate; and
14.1.2. special cause of loss coverage form covering all property subject to subparagraph 9.2 herein, in amount not less than 80% of the
whole replacement value of the property.
14.2. The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of
New Hampshire by N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.
14.3. The Vendor shall furnish to the State a certificate(s) of insurance for all insurance required under the Agreement. Vendor shall also
furnish to the State certificate(s) of insurance for all renewal(s) of insurance required under the Agreement no later than thirty (30) days
prior to the expiration date of each of the insurance policies. The Certificate(s) of insurance and any renewals thereof shall be
attached and are incorporated herein by reference. Each certificate(s) of insurance shall contain a clause requiring the insurer to
provide the State no less than thirty (30) days proper written notice of cancellation or modification of the policy.
15. WORKERS COMPENSATION.
15.1. By signing this agreement, the Vendor agrees, certified and warrants that the Vendor is in compliance with or exempt from, the
requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”).
15.2. To the extent of the Vendor is subject to the requirements of N.H. RSA chapter 281A, Vendor shall maintain and require any
subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person
proposes to undertake pursuant to the Agreement. Vendor shall furnish the Contracting Officer or his or her successor, proof of Workers’
Compensation in the manner described in N.H. RSA chapter 281-A and any other applicable renewal(1) thereof, which shall be
attached and are incorporated herein by reference. The State shall be attached and are incorporated herein by reference.
Page 4 of 12
Revised 10/4/2018 LMR
The State shall not be responsible for payment of any Workers” Compensation premiums or for any other claim or benefit for Vendor, or
any subcontractor or employee of Vendor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in
connection with the performance of Services under the Agreement.
16. TOXIC SUBSTANCES. In compliance with RSA 277-A Toxic Substances in the Workplace known as the Workers Right to Know Act, the
vendor shall provide Safety Data Sheets (277-A:4 Safety Data Sheets) for all products covered by said law.
17. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of
mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given below.
18. AMENDMENT. This agreement may be amended, waived or discharged only by an instrument in writing signed by the parties
19. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any
20. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no
way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
21. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to
any state or federal law, the remaining provisions of the Agreement will remain in full force and effect.
22. CONSTRUCTION OF AGREEMENT AND TERMS. This agreement shall be construed in accordance with the laws of the State of New
Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns.
23. COMPLIANCE BY CONTRACTOR WITH LAWS AND REGULATIONS/EQUAL EMPLOYMENT OPPORTUNITY.
23.1. In connection with the performance of the services required under this Agreement, the Vendor shall comply with all statues, laws,
regulation, and order of federal, state, county or municipal authorities which impose any obligation or duty upon the Vendor, including,
but not limited to, civil rights and equal opportunity laws. This may include the requirement to utilize auxiliary aids and services to ensure
that persons with communication disabilities, including vision, hearing and speech, can communicate with, receive information from
and convey information to the Vendor. In addition, the Vendor shall comply with all applicable copyright laws.
23.2. During the term of this Agreement, the Vendor shall not discriminate against employees or applicants for employment because of
race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such
23.3. If this Agreement is funded in any part by monies of the United States, the Vendor shall comply with all the provisions of Executive
Order No. 11246 (“Equal Employment Opportunity”), as supplemented by the regulations of the United States Department of Labor (41
C.F.R. Part 60), and with any rules, regulations and guidelines as the State of New Hampshire or the United States issue to implement
these regulations. The Vendor further agrees to permit the State or United States access to any of the Vendor’s books, records and
accounts for the purposes of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of
24.1. As used in the Agreement, the word “data” shall mean all information and things developed or obtained during the performance
of, or acquired or developed by reason of, the Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps,
charts, sound recordings, video recordings, pictorial reproductions, drawings, analysis, graphic representations, computer programs,
computer printouts, notes, letters, memoranda, papers and documents, all whether finished or unfinished.
24.2. All data and any property which has been received from the State or purchased with funds provided for that purpose under this
Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of the Agreement
for any reason.
24.3. Confidentiality of data shall be governed by N.H. RSA Chapter 91-A or other existing law, Disclosure of data required prior written
approval of the State.
25. ADDITIONAL PROVISIONS. The additional provisions (if any) have been set forth as Exhibit "A" hereto.
26. ENTIRE AGREEMENT. This agreement, which may be executed in a number of counterparts, each of which shall be deemed an
original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and
understandings relating hereto.
Page 5 of 12
Revised 10/4/2018 LMR