CONTRACT: Managed Learning Services

"STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER\n\nDate: Company Name:\nAddress:\n\nTo: Point of Contact: Jonah Rosa\nTelephone: (603)-271-2550\nEmail: NH.Purchasing@das.nh.gov\n\nRE: Bid Invitation Name: Managed Learning Services\nBid Number: 2706-23\n\nBid Posted Date (on or by): 11/02/2022\n\nBid Closing Date and Time: 11/30/2022 @ 1:00 PM (EST)\nDear Jonah Rosa,\n\n[Insert name of signor] \u201aonbehalf of [insert name of entity submitting bid\n(collectively referred to as \u201cVendor\u201d) hereby submits an offer as contained in the written bid submitted herewith (\u201cBid\u201d) to the State of New\nHampshire in response to BID # 2706-23 for Managed Learning Services at the price(s) quoted herein in complete accordance with the bid.\n\nVendor attests to the fact that:\n\nThe Vendor has reviewed and agreed to be bound by the Bid.\n\nThe Vendor has not altered any of the language or other provisions contained in the

Bid document.\n\nThe Bid is effective for a period of 180 days from the Bid Closing date as indicated above.\n\nThe prices Vendor has quoted in the Bid were established without collusion with other vendors.\n\nThe Vendor has read and fully understands this Bid.\n\nFurther, in accordance with RSA 21-1:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or\nprineipal officers (principal officers refers to individuals with management responsibility for the entity or association):\n\na. 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\n\nor county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been\nannulled;\n\nb. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;\n\nc. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other\ndocument submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid,\nproposal, or quotation;\n\nd. Is currently debarred from performing work on any project of the federal government or the government of any state;\n\ne. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;\n\nf. Is presently subject to any order of the department of Iabor, the department of employment security, or any other state\ndepartment, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or\nrules that the department, agency, board, or commission is charged with implementing;\n\ng. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security,\nor any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;\n\nh. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;\n\ni. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in\nthis section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or\n\nl Has been placed on the debarred parties list described in RSA 21-1:11-c within the past year.\n\nMEN DE\n\nAuthorized Signor's Signature Authorized Signor's Title\n\nNOTARY PUBLIC/JUSTICE OF THE PEACE\n\nCOUNTY: STATE: ZIP: __\nOn the day of \u201a2022, personally appeared before me, the above named \u201ain his/her\ncapacity as authorized representative of \u201a known to me or satisfactorily proven, and took oath that the foregoing\n\nis true and accurate to the best of his/her knowledge and belief.\n\nIn witness thereof, | hereunto set my hand and official seal.\n\n(Notary Public/Justice ofthe Peace)\n\nMy commission expires: (Date)\nForm P37-A\nPage 1 0f 15\nContractor Initials\nDate\n" "REQUEST FOR BID FOR MANAGED LEARNING SERVICES FOR\nTHE STATE OF NEW HAMPSHIRE\n\nPURPOSE:\n\nThe purpose of this bid invitation is to establish a contract for Managed Learning Services to the State of New\nHampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in\naccordance with the requirements of this bid invitation and any resulting contract.\n\nINSTRUCTIONS TO VENDOR:\n\nRead the entire bid invitafion prior to filling it out. Complete the pricing information in the \"Offer\" section\n(detailed information on how to fill out the pricing information can be found in the \u201cOffer\u201d section); complete\nthe \u201cVendor Contact Information\u201d section; and finally, fill out, sign, and notarize page one of the bid invitation.\n\nBID SUBMITTAL:\n\nAll bids shall be submitted on this form (or an exact copy), shall be typed or clearly printed in ink, and shall be\nreceived on or before the date and time specified on page 1 of this bid under \u201cBid Closing\u201d. Interested\nparties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to\nNH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing\nagent'sname.\n\nIF YOU ARE EXPERIENCEING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE\nHAS BEEN RECEIVED, PLEASE CALL (603) 271-2201.\n\nBID INQUIRIES:\n\nAny questions, clarificafions, and/or requested changes shall be submitted by an individual authorized to\ncommit their organization to the Terms and Conditions of this bid and shall be received in writing at the\nBureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions\nshall not be submitted to anyone otherthan the Purchasing Agent or his/her representative. Bidders that\nsubmit questions verbally or in writing to any other State entity or State personnel shall be found in violation of\nthis part and may be found non-compliant.\n\nQuestions shall be submitted by E-mail to Jonah Rosa at Jonah.L.Rosa@DAS.NH.Gov.\n\nSubmissions shall clearly identify the bid Number, the Vendor's name and address and the name of the person\nsubmitting the question.\n\nBID DUE DATE:\n\nAll bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time\nshown on the transmittal letter of this bid. Submissions received afterthe date and time specified shall be\nmarked as \u201cLate\u201d and shall not be 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\ndisclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for\ndisqualification.\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,\nthe NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and\nperiodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials\nthat may have been issued affecting the bid. The web site address is:\nhttps://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,\nconsider the dates below a \u201cno later than\u201d date.\n\n11/02/2022 Bid Solicitation distriputed on or by\n\nPage 2 of 15\nContractor Initials\nDate\n" "11/28/2022 Last day for questions, clanfications, and/or requested changes to bid\n\n11/30/2022 1:00 PM (EST) Bid Closing\n08/01/2023 Implementation of Contract\nTERMS OF SUBMISSION:\n\nAll material received in response to this bid shall become the property of the State and shall not be returned to\nthe Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in\nabidresponse. The content of each Vendor's bid shall become public information once a contract(s) has\nbeen awarded.\n\nA responding bid that has been completed and signed by your representative shall constitute your company\u2019s\nacceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to\nthese terms and conditions.\n\nA signed response further signifies that from the time the bid is published (bid solicitation date and fime) until a\ncontract is awarded, no bidder shall offer or give, directly or indirectiy, any gift, expense reimbursemernt, or\nhonorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional\nofficial, or family member of any such official or employee who shall select, evaluate, or award the RFB.\n\nFurthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted\nby the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase\norder, even if said terms and/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\nVendor and the State, following notification, shall promptly execute this contract form, which is to be\ncompleted by incorporafing the service requirements and price conditions established by the vendor\u2019s offer.\n\nCHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF.\n\nComplete bids shall be filled out on the original documents and format that are a part of this bidinvitation.\nVendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with\nthis bid invitation and in the State\u2019s format.\n\nCONTRACT TERM:\n\nThe term of the contract shall commence on August 1, 2023, or upon execution by the Commissioner of the\nDepartment of Administrative Services, whichever is later (the \u201ceffective date\u201d) and shall continue thereafter for a\nperiod of three (3) years.\n\nThe contract may be extended for an additional two (2) one-year extensions thereafter under the same terms,\nconditions and pricing structure upon the mutuadl agreement between the successful Vendor and the State with the\napproval of the Commissioner of the Department of Administrative Services. The maximum term of the contract\n(including extensions) shall not exceed five (5) years.\n\nCONTRACT AWARD:\n\nThe award shall be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest\ncost by section. The State reserves the right to reject any or all bids or any part thereof and add/delete\nitems/locations to the contract. All awards) shall be, in the form of a State of New Hampshire Contractfs).\n\nSuccessful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be\nallowed to require the filling out or signing of any other document by State of New Hampshire personnel.\n\nNOTIFICATION AND AWARD OF CONTRACTIS):\n\nBid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors\nsubmitfing responses and pricing shall be made public. Other specific response information shall not be given out.\nBid results shall be made public after final approval ofthe contractis).\n\nBid results may also be viewed on our website at hitps://apps.das.nh.gov/bidscontracis/bids.aspx.\n\nPage 3 of 15\nContractor Initials\nDate\n" "For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be\n\nmade public. In lieu of in person public bid openings the State shall conduct openings via electronic means until\nfurther 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\nprior to contract issuance.\n\nPUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:\n\nGenerally, the full contents of any bid or proposal (including all materials submitted in connection with it, such as\nattachments, exhibits, addenda, and vendor presentations) become public information upon completion of final\ncontract or purchase order negotiations with the selected vendor. Certain information conceming bids or\nproposals, including but not limited to pricing orscoring, is generally available to the public even before this time, in\naccordance with the provisions of NH RSA 21-G: 37.\n\nTo the extent consistent with applicable state and federal laws and regulations, as determined by the State,\nincluding, but not limited to, NH RSA Chapter 91-A (the \u201cRight-to-Know\u201d Law), the State shall, after final negotiations\nwith the selected vendor are complete, attempt to maintain the confidentiality of portions of a bid or proposal that\nare clearly and properly marked by a bidder as confidential. Any and all information contained in or connected to\na bid or proposal that a bidder considers confidential shall be clearly designated in the following manner:\n\nIf the bidder considers any portion of a submission confideniial, 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\npages of tne document that the redacted portion or portions are \u201cconfidential.\u201d Use of any other term or method,\nsuch as stating that a document or porfion thereof is \u201cproprietary\u201d, \u201cnot for public use\u201d, or \u201cfor client\u2019s use only\u201d, is\nnot acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed\nas the point of contact on Page one (1) ofthis document, the identified information considered to be confidential\nmust be accompanied by a separate letter stating the rationale for each item designated as confidential. In other\nwords, the letter must specifically state why and under what legal authority each redaction has been made.\nSubmissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing\nto include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner\nrequired by these instructions, or by including redactions which are contrary to these instructions or operative law\nmay be rejected by the State as not conforming to the requirements of the bid or proposal. The State will generally\nassume that a bid or proposal submitted without an additional redacted copy contains no information which the\nbidder deems confidential. Bids and proposals which contain no redactions, as well as redacted versions of\n\nsubmissions that have been accepted by the State, may be released to the public, including by means of posting\non State web sites.\n\nThe State shall have no obligation to maintain the confidentiality of any porfion of a bid, proposal or related\nmaterial, which is not marked in accordance with the foregoing provisions. It is specifically understood and agreed\nthat the bidder waives any claim of confidentiality as to any portion of a response to this RFB or RFP that is not\nmarked as indicated above, and that unmarked (or improperiy marked) submissions may be disseminated to any\nperson, without limitation. Marking an entire bid, proposal, attachment or full sections thereof confidential without\ntaking into consideration the public\u2019s right to know shall neither be accepted nor honored by the State.\n\nNotwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to\npublic disclosure REGARDLESS of whether or not marked as confidentidl.\n\nIf arequest is made to the State by any person or entity to view or receive copies of any portion of a proposal and if\ndisclosure is not prohibited under NH RSA 21-G:37 or any other applicable law or regulation, bidders acknowledge\nand agree that the State may disclose any and all portions of the proposal or related materials which is not marked\nas confidential. In the case of bids, proposals or related materials that contain portions marked confidential, the\nState shall assess what information it believes is subject to release; notify the bidder that the request has been\nmade; indicate what, if any, portions of the proposal or related material shall not be released; and notify the bidder\nof the date it plans to release the materials. The State is not obligated to comply with a bidder's designation\nregarding confidentiality. The State shall have no obligation to advise a bidder that an individual or entity is\n\nPage 4 of 15\n\nContractor Initials\nDate\n" "attempfing to electronically access, or has been referred to, materials which have been made publicly available\non the State's web sites.\n\nBy submitting a bid or proposal, the bidder agrees that unless it obtains and provides to the State, priorto the date\nspecified in the notice described in the paragraph above, a court order valid and enforceable in the State of New\nHampshire, at its sole expense, enjoining the release of the requested information, the State may release the\ninformation on the date specified in the notice without any liability to the bidder.\n\nNotwithstanding NH RSA 91-A:4, no information shall be available to the public, or to the members of the general\ncourt orits staff concerning specific responses to this bid invitation from the time this bid is published until the closing\ndate forresponses.\n\nTERMINATION:\n\nThe State of New Hampshire shall have the right to terminate the contract at any time with written notice to the\nsuccessful Vendor a thirty (30) day written notice.\n\nVENDOR CERTIFICATIONS:\nAll Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire.\n\nSTATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shallhave a completed\nVENDOR CERTIFICATIONS:\n\nAll Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New\nHampshire vendors. All Vendors that are corporations, limited liability companies, or other limited liability\nbusiness entities (this excludes sole proprietors and general partnerships) shall be duly registered with the\nNew Hampshire Secretary of State to conduct business in the State of New Hampshire.\n\n. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must\nhave a completed Vendor Application Package on file with the NH Bureau of Purchase and\nProperty. See the following website for information on obtaining and filing the required forms (no fee:\nhttps://DAS.NH.Gov/Purchasing\n\ne NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor\nthat is a corporation, limited liability company, or other limited liability business entity (this excludes sole\nproprietors and general partnerships) must be registered to conduct business in the State of New\nHampshire AND in good standing with the NH Secretary of State. Please visit the following website to\nfind out More about the requirements for registration with the NH Secretary of State:\nhttps://sos.nh.gov/corporation-division/\n\ne CONFIDENTIALITY & CRIMINAL RECORB: If Applicable, any employee or approved subcontractor of the\nVendor who will be accessing or working with records of the State of New Hampshire shall be required\nto sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization\nForm. These forms shall be returned to the designated State agency prior t0 commencing any work.\n\ne _CERTIEICATE OF INSURANCE:\nPrior to being awarded a contract the Vendor shall be required to submit proof of comprehensive\ngeneral liability insurance coverage prior to performing any services for the State. The coverage shall\ninsure against all claims of bodily injury, death or property damage in amounts of not less than\n$1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New\nHampshire workers\u2019 compensation insurance to the extent required by RSA Chapter 281-A.\n\nBID PRICES:\n\nBid prices shall remain firm for one year and may be adjusted on the anniversary date of this contract on an annual\nbasis and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special\ncharges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may\nnot be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. Unless\notherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state\nagency\u2019 receiving dock or other designated point as specified in this contract or subsequent purchase orders\n\nPage 5 of 15\nContractor Initials\nDate\n"