Contract: HVAC Preventative Maintenance and Repair

"Date:\n\nSTATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER\n\nCompany Name:\n\nAddress:\n\nTo: Point of Contact: Jonah Rosa\nTelephone: (603)-271-2550\nEmail: NH.Purchasing@das.nh.gov\n\nRE: Bid Invitation Name: HVAC Preventative Maintenance and Repair\nBid Number: 2710-23\n\nBid Posted Date (on or by): 11/15/2022\n\nBid Closing Date and Time: 11/29/2022 @ 10:00 AM (EST)\n\nDear Mr. Rosa,\n\n[Insert name of signor] \u201aon behalf 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 # 2710-23 for HVAC Preventative Maintenance and Repair at the price(s) quoted herein in complete\naccordance with the bid.\n\nVendor attests to the fact that:\n\nSHSBN-\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-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or\n\nprincipal officers (principal officers refers to individuals witn management responsibility for the entity or association):\n\nQ.\n\nHas, 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\nor county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been\nannulled;\n\nHas been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;\n\nHas previousiy 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\ns currently debarred from performing work on any project of the federal government or the government of any state;\n\nHas, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;\ns presently subject to any order of the department of lIabor, 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\ns presently subject to any sanction or penalty finally issued by the department of lIabor, 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;\ns currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;\n\nHas 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\nHas been placed on the debarred parties list described in RSA 21-1:11-c within the past year.\n\nAuthorized Signor\u2019s Signature Authorized Signor\u2019s 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 \u201aknown 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 of the Peace)\n\nMy commission expires: (Date)\nPage 1 of 19\n\nContractor Initials\nDate\n" "Form P37-A\n\nREQUEST FOR BID FOR HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR\nTHE STATE OF NEW HAMPSHIRE\n\nPURPOSE:\n\nThe purpose of this bid invitation is to establish a contract for HVAC Preventative Maintenance and Repair\nservices to the State of New Hampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of\nthis bid invitation, in accordance with the requirements of this bid invitation and any resulfing contract.\n\nINSTRUCTIONS TO VENDOR:\n\nRead the entire bid invitation prior to filling it out. Complete the pricing information in the \u201cOffer\u201d section\n(detailed information on how to fill out the pricing information can be found in the \"Offer\" 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\u2019s name.\n\nIFYOU ARE EXPERIENEING 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, clarifications, 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 other than 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\u2019s 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 after the 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's\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 laterthan\u201d date.\n\nPage 2 of 19\nContractor Initials\nDate\n" "11/15/2022 Bid Solicitation distriputed on or by\n\n11/28/2022 Last day for questions, clarifications, and/or requested changes to bid\n11/29/2022 10:00 AM (EST) Bid Closing\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\na bid response. 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's\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 time) until a\ncontract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or\nhonorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitufional\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 incorporating the service requirements and price conditions established by the vendor's 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 bid invitation.\nVendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with\nthis bid invitation and in the State's format.\n\nCONTRACT TERM:\n\nThe term of the contract shall commence January 2, 2023 or upon execution by the Commissioner of the\nDepartment of Administrative Services / Governor and Council, whichever is later and shall confinue thereafter for a\nperiod of one (1) year.\n\nThe contract may be extended for an additional four (4) one-year extensions thereafter under the same terms,\nconditions and pricing structure upon the mutual agreement between the successful Vendor and the State with the\napproval of the Commissioner of the Department of Administrative Services / Governor and Council. The maximum\nterm of the contract (including extensions) shall not exceed five (5) years.\n\nCONTRACT AWARD:\n\nThe award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost\nin total. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations\nto the contract. All award(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\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 of the contracts).\n\nBid results may also be viewed on our website at hitps://apps.das.nh.gov/bidscontracis/bids.aspx.\n\nPage 3 of 19\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 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 concerning proposals,\nincluding but not limited to scoring, is generally available to the public even before this time, in accordance with\nthe 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\nand all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be\nclearly designated in the following manner:\n\nIfihe 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\npages of ihe document that the redacted portion or portions are \u201cconfidential.\u201d Use of any other term or method,\nsuch as stating that a document or portion thereof is \u201cproprietary\"\u201d, \u201cnot for public use\u201d, or \u201cfor client's use only\u201d,\n\nis not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person\nlisted as the point of contact on Page one (1) of this document, the identified information considered to be\nconfidential must be accompanied by a separate letter stafing the rationale for each item designated as\nconfidential. In other words, the letter must specifically state why and under what legal authority each redaction\nhas been made. Submissions which do not conform to these instructions by failing to include a redacted copy {if\nrequired), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions\nin the manner required by these instructions, or by including redactions which are contrary to these instructions or\noperative Iaw may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking\nor designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by\nthe State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into\nconsideration the public's 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 a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the\nState will assess what information it believes is subject to release; notify the Bidder that the request has been made;\nindicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date\nit plans to release the materials. To halt the release of information by the State, a Bidder must inifiate and provide to\nthe State, prior to the date specified in the notice, a court action in the Superior Court of the State of New\nHampshire, at its sole expense, seeking to enjoin the release of the requested information.\n\nBy submitting a proposal, Bidders acknowledge and agree that:\n\n\u00ab The State may disclose any and all portions of the proposal or related materials which are not\nmarked as confidential and/or which have not been specifically explained in the letter to the\nperson identified as the point of contact for this RFP;\n\n\u00ab The State is not obligated to comply with a Bidder's designations regarding confidentiality and must\nconduct an independent analysis to assess the confidentiality of the information submitted in your\nproposal; and\n\n\u00ab The State may, unless otherwise prohibited by court order, release the information on the date\nspecified in the notice described above without any liability to a Bidder.\n\nPage 4 of 19\nContractor Initials\nDate\n" "TERMINATION:\nThe State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day\nwritten notice to the successful Vendor.\n\nVENDOR CERTIFICATIONS:\nAll Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire.\n\nSTATE OE 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/Purchasin\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 RECORD: If Applicable, any employee or approved subconfractor 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 t0o commencing any work.\n\ne _CERTIFICATE 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 the entire contract period and shall be in US dollars and shall include delivery and\nall other costs required by this bid invitafion. Special charges, surcharges (including credit card transaction\nfees), or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges\nshall be built into your bid price at the time of the bid. Unless otherwise specified, prices shall be F.O.B.\nDESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other\ndesignated 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 fime for unloading during\nreceiving hours.\n\nPer Administrative Rule 606.01 (e) \u201cif there is a discrepancy between the unit price and the extension price in a\nresponse to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor\u201d.\n\nPrice decreases shall become effective immediately as they become effective to the general trade\n\nUpdated Published Price List MUST be e-mailed to Jonah.L.Rosa@DAS.NH.Gov.\n\nPage 5 of 19\nContractor Initials\nDate\n"