CONTRACT: Dark Fiber Services

Page 4 of 23 Contractor Initials_______ Date_______ TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a no later than date. 10/16/2023 Bid Solicitation distributed on or by 11/07/2023 Last day for questions, clarifications, and/or requested changes to bid 11/14/2023 09:00 AM (EST) Bid Closing 07/1/2024 Implementation of Contract TERMS OF SUBMISSION: All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendors bid shall become public information once a contract(s) has been awarded. A responding bid that has been completed and signed by your representative shall constitute your companys acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to

these terms and conditions. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder 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 shall select, evaluate, or award the RFB. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendors offer. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the States format. CONTRACT TERM: The term of the contract shall commence on July 1, 2024 with the approval of the Commissioner of the Department of Administrative Services or upon approval of the Governor and Executive Council, whichever is later, through June 30, 2029, a period of approximately five (5) years. The contract may be extended for up to an additional two (2) two years thereafter under the same terms, conditions, and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services. CONTRACT AWARD: The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All award(s) shall be, in the form of a State of New Hampshire Contract. Page 5 of 23 Contractor Initials_______ Date_______ Successful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel. NOTIFICATION AND AWARD OF CONTRACT(S): Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made public after final approval of the contract(s). Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice. LIABILITY: The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS: Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner: If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are confidential. Use of any other term or method, such as stating that a document or portion thereof is proprietary, not for public use, or for clients use only, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate 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 bid or proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the publics right to know shall neither be accepted nor honored by the State. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential. If a 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 assess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder https://apps.das.nh.gov/bidscontracts/bids.aspx Page 6 of 23 Contractor Initials_______ Date_______ of the date it plans to release the materials. To halt the release of information by the State, a Bidder 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, Bidders 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 RFB; The State is not obligated to comply with a Bidders 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 Bidder. TERMINATION: The State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to the successful Vendor. VENDOR CERTIFICATIONS: All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing). NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure 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. Coverage shall also include State of New Hampshire workers compensation insurance to the extent required by RSA Chapter 281-A. BID PRICES: Bid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees), late fees or fuel charges of any kind (by whatever name) may 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 specified, prices shall be for https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ Page 7 of 23 Contractor Initials_______ Date_______ Dark Fiber Circuits fully installed, tested and active & ready for State use which means delivered to a state agency's MDF or other designated point as specified in this contract or subsequent purchase orders without additional charge. Per Administrative Rule 606.01(e) if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor. Price decreases shall become effective immediately as they become effective to the general trade or the Vendors best/preferred customer. AUDITS AND ACCOUNTING: The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract. At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations. ESTIMATED USAGE: The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage. ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency or location shall have its own individual customer account number/circuit number(s). Should any The Department of Information Technology Statewide Telecommunications State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment or circuit build; the agency shall receive the item(s) ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency. Only State Agency requests initiated from Statewide Telecommunications shall be accepted by the Contractor; work submissions or other State Agency Requests shall not be honored by the Contractor under this Contract. The Contractor shall refer any State Agency Requestors to Statewide Telecommunications. ELIGIBLE PARTICIPANTS: Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any of these entities. PAYMENT: Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the State of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor. https://www.nh.gov/treasury/state-vendors/index.htm Page 8 of 23 Contractor Initials_______ Date_______ INVOICING: All vendor invoices for the State of New Hampshire must be itemized. Paper invoices shall be submitted to: Department of Information Technology Statewide Telecommunications, Rm. 300C 27 Hazen Drive Concord, NH 0330. The State preference is that invoicing is transmitted electronically the State will identify procedures for transmitting electronic invoices upon award. INVOICE DELIVERY TIMEFRAME: Invoices shall be forwarded to the State within 30 days of the State receipt of services. Invoices shall submitted monthly for services; beginning on the first day of each month through the last day of each month. If additional services are requested, invoicing shall begin on the first day of the month following installation and acceptance by the State. The Contractor shall not pro-rate invoices. CONTRACTOR INCURRED CHARGES: The Contractor is not authorized to incur any third-party charges for which the State shall be responsible. Only Contractor- invoiced charges shall be paid by the State. FIXED CHARGES: The Contractor shall not invoice the State for any new or additional charges (recurring or nonrecurring) other than those costs listed in the Offer Section. The State shall not be assessed taxes, additional monthly fees or late payment fees. All taxes, fees and other charges mandated by government regulatory agencies must be inclusive of contracted charges. BILLING OF PAST CHARGES: Contractors shall not hold the State liable for charges beyond 90 days from date of service if service invoices and/or related reports are not delivered in a manner and timeframe defined within this RFB. The State shall not be held liable for past due charges, and the Contractor shall not assess additional charges for bills past due. Billing shall not be considered complete until all reports and invoices as within are provided for the respective billing month. All payments for the associated service shall be held until these requirements are met. TERMS OF PAYMENT: Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the States satisfaction. VENDOR RESPONSIBILITY: The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendors responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendors responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendors responsibility to forward a signed copy of any addendum requiring the Vendors signature to the Bureau of Purchase and Property with the bid response. https://apps.das.nh.gov/bidscontracts/bids.aspx Page 9 of 23 Contractor Initials_______ Date_______ In preparation of a bid response, the prospective Vendor shall: Provide pricing information as indicated in the Offer section; and Provide all other information required for the bid response (if applicable); and Complete the Vendor Contact Information section; and Complete the company information on the Transmittal Letter page, and sign under penalty of unsworn falsification in the space provided on that page. It is the responsibility of the Vendor to maintain any awarded contract and New Hampshire Vendor Registration with up to date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the States Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx. IF AWARDED A CONTRACT: The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-37: Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37. Provide proof of sufficient workers compensation insurance coverage or evidence of exemption from RSA Chapter 81-A. If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF SERVICES section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SITE VISITATION: Prior to bidding, it is each Vendor's responsibility to become thoroughly familiar with the sites of the intended service, to determine everything necessary to accomplish the services. Failure of the Vendor to make a site visit does not relieve the Vendor of responsibility to fully understand what is necessary to accomplish a successful and complete services. SCOPE OF SERVICES: Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. https://www.das.nh.gov/purchasing/vendorresources.aspx Page 10 of 23 Contractor Initials_______ Date_______ The Vendor shall be responsible for all services, facility configuration, development and implementation of fiber. The Vendor shall provide overall support and coordination, interfacing/integrating with State equipment, testing, and support. The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference will be arranged by the requesting agency (State). Cooperation with Incumbent: The Vendor shall fully cooperate with incumbent and future Vendors for the replacement of services at the initiation and termination of contract to ensure service transfer with a minimum interruption of service. Interfacing with Other Vendors: During and after installation, Vendors shall contact alternate State Vendors to resolve problems if they occur. The State will mediate in the event of unresolved conflicts. Vendors shall attend any meetings called by the State to resolve such conflicts without additional charges being imposed on the State. Maintenance/Service Hours: Vendor shall repair support/ service restoration 24 hours per day, 7 days per week, 52 weeks per year. Reports shall be accepted via a toll free Vendor supplied number and e-mail reporting. Any call to the Vendor shall be returned within 15 minutes of initial request. Vendor shall pursue a solution to service issues within two (2) hours of request. Failure issues not resolved within four (4) hours of request shall become critical to the State, and require continued work to satisfy maintenance issues under Emergency Maintenance requirements. Vendor shall NOT limit daily work to eight (8) hours per day when addressing maintenance issues, requiring the Vendor to continue work beyond business hours until circuit connectivity is restored. Routine Maintenance Requirements: The Vendor shall provide routine maintenance for those services designated by the State as routine maintenance services. Such services shall include, but are not limited to broken cable lashing, unprotected riser, or any physical insulation or support structure not placing cable in immediate jeopardy. Any routine maintenance may be escalated to Emergency Maintenance at any time requested by the State. Installation Details: The Vendor shall provide information identifying installations in agreed upon state required table formats. Tables shall contain physical cable lay, aerial and underground pathways, terminating points, terminating equipment, cable manufacturer and part number, and any other information required to locate, troubleshoot or replace fiber. Details shall be provided within thirty (30) days of complete installation of cable Post Implementation Review: The State shall be allowed thirty (30) days after Vendor installation to review and accept complete installation to insure performance within the specification defined within this document. Test Plans: The Vendor shall provide complete test plans defining how the Vendor will test fiber installations and provide written documentation on the test results for each fiber strand. The Vendor is solely responsible to troubleshoot cable problems. The States final test will deem the final acceptance of service. Service Access Levels: Service access will be provided and guaranteed at 99.99% or better availability (24hrs/day by 7days/week), at the throughput rate provisioned, through the end of this contract. Service access is defined as all services that are provided by the Vendor which are, directly or indirectly, related to the connectivity to the State Agencys network router from the Vendor at the availability and throughput defined above.