CONTRACT: CLOUD INTERCONNECT PROVIDER SERVICES

"36.\n37.\n38.\n39.\nM.\n41.\n42.\n43.\n44.\n45.\n\nNON-EXCLUSIVE CONTRACT:. ........u.0s20000002000000000000000000000000000000B0000SR000B RS Rn nennnnssnsnsnnsnnsnsnsnnsnssnsnnnnssnsnsnssnssnnennne 13\nDISASTER RECOVERY. EEE EEE 13\nENVIRONMENTALLY FRIENDLY PRODUCTS: ............200000000s000se2000000000000000 000002 0000000000 0000 R 050 R00 0000er 13\nOFFER:......uscssussssnsnesussssnsnssnsnnsnsnnsnsnssnsnusnnsnsnnnnsnnsnsnennsnssnsnsnnsnnsnsnssnsnnsnsnnsnssnsnnnnsnssnsnsnnsnnsssnsnnssnsnsnssnsnssnsnssnssssnsnnsnssnene 14\nVENDOR\u2019S BALANCE OF PRODUCT LINE ITEMS: .....ussssssossussssnenssnssssnsnssnsnssnsnnsnsnnsnsnnsnssnsnsnnsnnsnsnnnnsnnsnenene 15\nVENDOR CONTACT INFORMATION: een en EEE EEEEREREEETERERERE 16\nDELIVERY LOCATIONS. nn EEE EEEENEETNEEEEEREEENE 16\nPUBLIC BID OPENING: ......zusassssssussssnsnssnsnssnenssnssnsnsnnsnnnnsnsnnsnsnnsnnnusnnsnsnsnnsnnsnsnssnssnsnsnnsnssnsnsnnsnnsssnnnnsnnsnsnssnssnsnennne 16\nAPPEN DEN EEE EEE 17\nTRANSMITTAL LETTER nenn EEE EEE

22\nPage 3 022\nBidder Initials__\n\nDate\n" "4.1.\n\n22:\n\n6.1.\n\nTels\n\n8.1.\n\n8.3.\n\nPURPOSE:\n\n. The purpose of this bid invitation is to establish a contract for cloud interconnect provider services to the State of New\n\nHampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in accordance\nwith the requirements of this bid invitation and any resulting contract.\n\nINSTRUCTIONS TO VENDOR:\n\n. Read the entire bid invitation prior to filling it out. Complete the pricing information in the \u201cOffer\u201d section (detailed\n\ninformation on how to fill out the pricing information can be found in the \u201cOffer\u201d section); complete the \u201cVendor Contact\nInformation\u201d section; and finally, fill out, and sign the bid transmittal letter.\n\nBID SUBMITTAL:\n\n. All bids shall be submitted on this form (or an exact copy), shall be typed, or clearly printed in ink, and shall be received on\n\nor before the date and time specified on paragraph 7 of this bid under \u201cBid Closing\u201d. Interested parties may submit a bid to\nthe State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall\nbe clearly marked with bid number, date due and purchasing agent\u2019s name.\n\n. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID\n\nRESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201.\nBID INOUIRIES:\n\nAny questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their\norganization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property\nno later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the\nPurchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or\nState personnel shall be found in violation of this part and may be found non-compliant.\n\n. Questions shall be submitted by email to Corrine Tatro at Corrine.E. Tatro@DAS.NH.Gov.\n\n. Submissions shall clearly identify the bid Number, the Vendor\u2019s name and address and the name of the person submitting the\n\nquestion.\nBID DUE DATE:\n\n. All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the\n\ntransmittal letter ofthis bid. Submissions received after the date and time specified shall be marked as \u201cLate\u201d and shall not\nbe considered in the evaluation process.\n\nAll offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor\u2019s disclosure or\ndistribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification.\n\nADDENDA:\n\nIn the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH\nBureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to\nthe RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued\naffecting the bid. The web site address is: https://apps.das.nh.gov/bidscontracts/bids.aspx.\n\nTIMELINE:\nThe timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates\nbelow a \u201cno later than\u201d date.\n\nBid Solicitation distributed on or by: 4/11/2024\n\nLast day for questions, clarifications, and/or 5/1/2024\n\nrequested changes to bid:\n\nBid Closing (Eastern Time): 5/8/2024 10:00:00 AM\n\nTERMS OF SUBMISSION:\n\nAll 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\n. Aresponding bid that has been completed and signed by your representative shall constitute your company\u2019s acceptance of\n\nall State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.\n\nA 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\nPage 4 0f22\nBidder Initials\n\nDate\n" "8.4.\n\n8.5.\n\n10.1.\n\n10.2.\n\n11.\n11.1\n\n11.2.\n\n11.3,\n\n12.\n12.1:\n\n13.\n13.1:\n\n13.2.\n\nFurthermore, 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\nand/or conditions contain language to the contrary.\n\nThe 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\n. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.\n\n. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may\n\nsubmit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in\nthe State\u2019s format.\n\nCONTRACT TERM:\n\n. The term of the contract shall commence on October 1, 2024, or upon approval of the Commissioner of the Department of\n\nAdministrative Services, whichever is later, through September 30, 2027, a period of approximately three (3) years.\n\n. The contract may be extended for up to an additional two (2) years thereafter under the same terms, conditions, and pricing\n\nstructure upon the mutual agreement between the successful Vendor and the State with the approval ofthe Commissioner of\nthe Department of Administrative Services.\n\n. The Contract may be amended, by agreement of the parties, without further approval needed by the executive council if the\n\nprice limitation is unchanged or decreased as a result of anew or deleted location.\n\n. CONTRACT AWARD:\n\nThe 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\nSuccessful 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\n. Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors\n\nsubmitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid\nresults shall be made public after final approval of the contract(s).\n\nBid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.\n\nFor Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public.\nIn lieu of in person public bid openings the State shall conduct openings via electronic means until further notice.\n\nLIABILITY:\nThe 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\nGenerally, 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\nConfidential, 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\n.Ifthe Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete\n\ndocument, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the\ndocument that the redacted portion or portions are \u201cconfidential.\u201d Use of any other term or method, such as stating that a\ndocument or portion thereof is \u201cproprietary\u201d, \u201cnot for public use\u201d, or \u201cfor client\u2019s use only\u201d, is not acceptable. In addition to\nproviding an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1)\nof this document, the identified information considered to be confidential must be accompanied by a separate letter stating\nthe rationale for each item designated as confidential. In other words, the letter must specifically state why and under what\nlegal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a\nredacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate\nredactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or\n\nPage 5 of 22\nBidder Initials\n\nDate\n" "operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking or\ndesignating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State.\nMarking 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. 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\nassess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if\nany, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the\nmaterials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date\nspecified in the notice, a court action in the Superior Court ofthe State of New Hampshire, at its sole expense, seeking to\nenjoin the release of the 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 of the proposal or related materials which are not marked as\nconfidential and/or which have not been specifically explained in the letter to the person identified as the point of\ncontact for this RFP;\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\nnotice described above without any liability to a Bidder.\n\n14. TERMINATION:\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:\n15.1. All Vendors shall be duly registered as a vendor authorized to conduct business in 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\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 who\nwill 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\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\n16. BID PRICES:\n\n16.1. Bid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other\ncosts required by this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of\nany 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\ntime of the bid. Unless otherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means\ndelivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase\norders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for\nunloading during receiving hours.\n\n16.2. Per Administrative Rule 606.01(e) \u201cifthere 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\nPage 6 of22\nBidder Initials\n\nDate\n" "16.3.\n\n17.\n\n17.1.\n\n17.2.\n\n18.\n18.1.\n\n19.\n19.1.\n\n20.\n20.1.\n\n21.\n21:1:\n\nPrice decreases shall become effective immediately as they become effective to the general trade or the Vendor\u2019s\nbest/preferred customer.\n\nAUDITS AND ACCOUNTING:\n\nThe 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\nAt 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\nACCOUNT REPRESENTATIVE:\nThe Contractor shall assign a dedicated account representative and a backup in their absence who will be responsible for\nthe daily administration of this Contract. The account representative shall be familiar with all Contract requirements to\nensure compliance with the terms ofthe Contract. The account representative shall respond by phone or email to Client\nAgency inquiries within 24 hours of initial contact or the next business day if after normal business hours. The account\nrepresentative\u2019s responsibilities shall include but not be limited to:\n\n18.1.1. Coordinate business review meeting(s) either virtually or on-site with the State held at a cadence requested by\nthe State.\n\n18.1.2. Provide recommended process and productivity improvements related to potential cost savings to the State for\nconsideration quarterly.\n\n18.1.3. Provide information and product offerings to bring the latest industry ideas and trends to the State as applicable.\n18.1.4. Provide training on the use of the Contractor\u2019s portal as needed with no charge to the State.\n\nESTIMATED USAGE:\n\nThe 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\nThe 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 Bureau of Procurement\nServices, Corrine Tatro and sent electronic to Corrine.E.Tatro@DAS.NH.Gov. At a minimum, the Report shall include:\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\nof goods and services sold. This report shall include but not be limited to:\n\n20.1.4.1. Percentage ofrecycled materials contained within finished products\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\n\nESTABLISHMENT OF ACCOUNTS:\n\nEach 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\nthe items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for\nthe agency.\n\nPage 7 0f22\nBidder Initials\n\nDate\n"