CONTRACT: Body Armor

"8.\n\n10.\n\n11.\n\n12.\n\n13.\n\nTERMS OF SUBMISSION:\n\n8.1. All material received in response to this bid shall become the property ofthe State and shall not be returned to the Vendor.\nRegardless ofthe Vendors selected, the State reserves the right to use any information presented in a bid response. The\ncontent of each Vendor\u2019s bid shall become public information once a contract(s) has been awarded.\n\n8.2. A responding bid that has been completed and signed by your representative shall constitute your company\u2019s acceptance of\nall State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.\n\n8.3. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is\nawarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by\nRSA 15-B, to any elected official, public official, public

employee, constitutional official, or family member of any such\nofficial or employee who shall select, evaluate, or award the RFB.\n\n8.4. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor\nare specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or\nconditions contain language to the contrary.\n\n8.5. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and\nthe State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the\nservice requirements and price conditions established by the vendor\u2019s offer.\n\n8.6. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.\n\n8.7. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may\nsubmit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the\nState\u2019s format.\n\nCONTRACT TERM:\n\n9.1. The term ofthe contract shall commence on March 1, 2024, or upon approval ofthe Governor and Executive Council,\nwhichever is later, through February 28, 2027, a period of approximately five (5) years.\n\n9.2. The contract may be extended for up to an additional two (2) years thereafter under the same terms, conditions, and pricing\nstructure upon the mutual agreement between the successful Vendor and the State with the approval ofthe Governor and\nExecutive Council.\n\nCONTRACT AWARD:\n\n10.1. The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total.\nThe State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All\naward(s) shall be, in the form of a State of New Hampshire Contract.\n\n10.2. Successful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to\nrequire the filling out or signing of any other document by State of New Hampshire personnel.\n\nNOTIFICATION AND AWARD OF CONTRACT(S):\n\n11.1. Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors\nsubmitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results\nshall be made public after final approval of the contract(s).\n\n11.2. Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.\n\n11.3. For Vendors wishing to attend the bid closing: Names ofthe Vendors submitting responses and pricing shall be made\npublic. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice.\n\nLIABILITY:\n\n12.1. The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to\ncontract issuance.\n\nPUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:\n\n13.1. Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments,\nexhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order\nnegotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is\ngenerally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37.\n" "13.2. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and\nall information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated\nin the following manner:\n\n13.3. Ifthe Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and\ncomplete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages\nof the document that the redacted portion or portions are \u201cconfidential.\u201d Use of any other term or method, such as stating\nthat a document or portion thereof is \u201cproprietary\u201d, \u201cnot for public use\u201d, or \u201cfor client\u2019s use only\u201d, is not acceptable. In\naddition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on\nPage one (1) of this document, the identified information considered to be confidential must be accompanied by a separate\nletter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and\nunder what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to\ninclude a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to\ndesignate redactions in the manner required by these instructions, or by including redactions which are contrary to these\ninstructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal.\nMarking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the\nState. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the\npublic\u2019s right to know shall neither be accepted nor honored by the State.\n\n13.4. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public\ndisclosure REGARDLESS of whether or not marked as confidential.\n\n13.5. Ifa request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will\nassess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any,\nportions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials.\nTo halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the\nnotice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of\nthe requested information.\n\n13.6. By submitting a proposal, Bidders acknowledge and agree that:\n\n13.6.1. The State may disclose any and all portions ofthe proposal or related materials which are not marked as confidential\nand/or which have not been specifically explained in the letter to the person identified as the point of contact for this\nRFP;\n\n13.6.2. The State is not obligated to comply with a Bidder\u2019s designations regarding confidentiality and must conduct an\nindependent analysis to assess the confidentiality of the information submitted in your proposal; and\n\n13.6.3. The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice\ndescribed above without any liability to a Bidder.\n\n14. TERMINATION:\n\n14.1. The State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to\nthe successful Vendor.\n\n15. VENDOR CERTIFICATIONS:\n\n15.1. All Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New Hampshire vendors. All\nVendors that are corporations, limited liability companies, or other limited liability business entities (this excludes sole\nproprietors and general partnerships) shall be duly registered with the New Hampshire Secretary of State to conduct business\nin the State of New Hampshire.\n\n15.2. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a\ncompleted Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for\ninformation on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing.\n\n15.3. NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a\ncorporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general\npartnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH\nSecretary of State. Please visit the following website to find out more about the requirements for registration with the NH\n\nSecretary of State: https://sos.nh.gov/corporation-division/.\n\n15.4. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor\nwho will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and\nNon-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the\ndesignated State agency prior to commencing any work.\n" "16.\n\n17.\n\n18.\n\n19.\n\n20.\n\n15.5. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of\ncomprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure\nagainst all claims of bodily injury, death, or property damage in amounts of not less than $1,000,000 per occurrence and\n$2,000,000 aggregate. Coverage shall also include State of New Hampshire workers\u2019 compensation insurance to the extent\nrequired by RSA Chapter 281-A.\n\nBID PRICES:\n\n16.1. Bid prices shall remain firm for one year and may be adjusted on the anniversary date of this contract and annually (every\n12 months) thereafter. Bid prices shall be in US dollars and shall include delivery and all other costs required by this bid\ninvitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name)\nmay not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. Unless otherwise\nspecified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's\nreceiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge.\nShipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours.\n\n16.2. Per Administrative Rule 606.01(e) \u201cif there is a discrepancy between the unit price and the extension price in a response to\nan RFP, RFB or RFQ, the unit price shall be binding upon the vendor\u201d.\n\n16.3. Price decreases shall become effective immediately as they become effective to the general trade.\n16.4. Updated Published Price List MUST be e-mailed to Jonah.L.Rosa@DAS.NH.Gov.\nPRICE ADJUSTMENTS:\n\n17.1. On the anniversary date of this contract and annually thereafter, the successful Vendor may request price adjustment, either\nupward or downward, keyed to the industry changes or general trade. Written notice of an impending price increase, including\nsubstantiation for it, must be submitted in writing to Bureau of Purchase & Property, 25 Capitol Street, Rm. 102, Concord, NH\n03301, no less than thirty (30) days prior to the effective date of said price increase. The State reserves the right to reject any\nprice increases it deems unreasonable. If parties to the contract cannot agree on renewal terms, it is hereby understood that the\ncontract will be rebid. Documentation of the increase from the supplier or manufacturer must accompany the request to\nsupport the amount (%) ofthe requested increase. Price decreases shall become effective immediately as they become\neffective to the general trade.\n\nAUDITS AND ACCOUNTING:\n\n18.1. The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for\nthe purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and\nfor monitoring any resulting contract.\n\n18.2. At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to\nprovide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by\npolitical sub-divisions and authorized non-profit organizations.\n\nESTIMATED USAGE:\n\n19.1. The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's\nannual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or\nguaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible\nparticipant usage.\n\nUSAGE REPORTING:\n\n20.1. The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or\neligible participant. Reports are due no later than 30 days after each end of each calendar quarter to Jonah Rosa at The Bureau\nof Procurement & Support Services and sent electronic to Jonah.L.Rosa@DAS.NH.Gov. At a minimum, the Report shall\ninclude:\n\n20.1.1. Contract Number\n20.1.2. Utilizing Agency and Eligible Participant\n20.1.3. Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.)\n\n20.1.4. Recycling documentation with respect to content used in the manufacture, development and distribution process of\ngoods and services sold. This report shall include but not be limited to:\n\n20.1.4.1. Percentage ofrecycled materials contained within finished products\n" "21.\n\n22.\n\n23.\n\n24.\n\n25.\n\n26.\n\n20.1.4.2. Percentage of waste recycled throughout the manufacturing process\n20.1.4.3. Types and volume of packaging used for transport\n20.1.4.4. Any associated material avoided and/or recycled as applicable under contract\n20.1.4.5. A standardized reporting form will be provided after contract award\n20.1.5. Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant.\n20.1.6. In Excel format\nESTABLISHMENT OF ACCOUNTS:\n\n21.1. Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances\nwhere divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of\nNew Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three\nbusiness days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the\nitems ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the\nagency.\n\nELIGIBLE PARTICIPANTS:\n\n22.1. Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental\norganization), or any nonprofit agency under the provisions of section 50lc of the federal internal revenue code, are eligible to\nparticipate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and\nmay participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However,\nthey are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability\nbetween the successful Vendor and any of these entities.\n\nPAYMENT:\n\n23.1. Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the state of\nNew Hampshire. Use the following link to enroll with the State Treasury for ACH payments:\nhttps://www.nh.gov/treasury/state-vendors/index.htm. Eligible participants shall negotiate their own payment methods with\nthe successful Vendor.\n\nINVOICING:\n24.1. Invoices shall be submitted to the corresponding State agency after completion of work/acceptance of delivery.\nTERMS OF PAYMENT:\n\n25.1. Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods\nand/or services to the State\u2019s satisfaction.\n\nVENDOR RESPONSIBILITY:\n\n26.1. The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting\ncontract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at:\nhttps://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendor\u2019s responsibility to access our website to determine\nany bid invitation under which the Vendor desires to participate. It is also the Vendor\u2019s responsibility to access our website\nfor any posted addenda. The website is updated several times per day; it is the responsibility ofthe prospective Vendor to\naccess the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendor\u2019s\nresponsibility to forward a signed copy of any addendum requiring the Vendor\u2019s signature to the Bureau of Purchase and\nProperty with the bid response.\n\n26.2. In preparation of a bid response, the prospective Vendor shall:\n26.2.1. Provide pricing information as indicated in the \u201cOffer\u201d section; and\n26.2.2. Provide all other information required for the bid response (if applicable); and\n26.2.3. Complete the \u201cVendor Contact Information\u201d section; and\n\n26.2.4. Complete the company information on the \u201cTransmittal Letter\u201d page, and sign under penalty of unsworn falsification\nin the space provided on that page.\n" "26.3. Itis the responsibility ofthe Vendor to maintain this any awarded contract and New Hampshire Vendor Registration with up\nto date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be\nsent to the State\u2019s Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact\nnames, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to\nthe Bureau of Purchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx.\n\n27. IFAWARDED A CONTRACT:\n\n27.1. The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-\n\n37:\nSection 1.3 Contractor Name\nSection 1.4 Contractor Address\nSection 1.11 Contractor Signature\nSection 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor)\n\n27.2. Provide certificate of insurance indicating the coverage amounts required by Section 14 ofthe Form Number P-37.\n27.3. Provide proof of sufficient workers\u2019 compensation insurance coverage or evidence of exemption from RSA Chapter 81-A.\n\n27.4. Ifthe successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a\ncertificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a\ncopy ofthe appropriate registration document certified by the NH Secretary of State.\n\n28. SPECIFICATION COMPLIANCE:\n\n28.1. Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole\ndetermining factor of what meets or exceeds the required specifications.\n\n28.2. Unless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all equipment/items\noffered by the Vendor shall be new (and of the current model year, if applicable); shall not be used, rebuilt, refurbished; shall\nnot have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes.\n\n28.3. The manufacturers and/or product numbers indicated are the only ones that are acceptable under this section.\n29. SPECIFICATIONS:\n\n29.1. Complete specifications required are detailed in the SCOPE OF WORK section of this bid invitation. In responding to the\nbid invitation, the prospective Vendor shall address all requirements for information as outlined herein.\n\n29.2. SAFARILANDTM Manufacturing body armor:\n\n29.2.1. National Institute of Justice (NIJ) Ballistic Resistance of Armor Standard 0101.06 and (NIJ) Stab Resistance of\nArmor Standard 01115.00, unless and until new JIJ Standards are published and made effective.\n\n29.2.2. Body armor offered must be identified and listed according to the applicable NIJ threat levels identified in paragraph\n42. These levels are:\n\n29.2.2.1. Ballistic Resistant Body Armor NIJ 0101.06.\n\n29.2.2.1.1. Level IA.\n\n29.2.2.1.2. Levelll.\n\n29.2.2.1.3. Level IIIA.\n29.2.2.2. Stab Resistant Body Armor NIJ 0115.00 (includes spike & edged blade).\n\n29.2.2.2.1. Protection Class Spike Level 1,2, 3 and Protection Class Edged Blade Level 1,2, 3.\n29.2.2.3. Dual-Purpose Ballistic and Spike (and or edged blade).\n\n29.2.2.3.1. All vests offered as dual purpose must have passed NIJ CTP testing under each product type, provide\ndocumentation and be published on both appropriate Compliant Products List (CPL) to be responsive.\n\n29.2.2.4. Additional NIJ-0101.06 Certified Body Armor Products (include CPL Model #).\n29.2.2.4.1. Level III-Hard armor or plate inserts, or Flexible armor.\n\n29.2.2.4.2. Level IV-Harm armor or plate inserts or Flexible armor.\n"