CONTRACT: Motor Oils, Lubricants and Compounds

Page 6 of 15 Contractor Initials ________ Date ________ 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 Updated Published Price List MUST be e-mailed to Wayne.V.Goulet@DAS.NH.Gov. PRICE ADJUSTMENTS: Requests to adjust pricing will be accepted on a semi-annual basis beginning October 1, 2023. Increases shall be based solely on manufacturers pricing, and must be no greater than the percentage of the manufacturers increase to the vendor. The successful bidder shall submit requests for price adjustment to the New Hampshire Bureau of Purchase and Property a minimum of twenty (20) calendar days prior to the proposed increase. The requests must include a separate letter from the manufacturer

which identifies the amount (%) of the increase to the vendor. The successful bidder must automatically pass on any manufacturers price reduction as applicable during the contract term, with notification to the Purchasing Agent. 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. USAGE REPORTING: The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency. Reports are due no later than 30 days after each end of each calendar quarter to The Bureau of Procurement & Support Services, Wayne Goulet and sent electronic to Wayne.V.Goulet@DAS.NH.Gov. At a minimum, the Report shall include: Contract Number Utilizing Agency Products Purchased (showing the manufacturer, item, part number, and the final cost.) Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to: Percentage of recycled materials contained within finished products Percentage of waste recycled throughout the manufacturing process Types and volume of packaging used for transport Any associated material avoided and/or recycled as applicable under contract A standardized reporting form will be provided after contract award Total Cost of all Products Purchased. Ability to sort by agency. Preferred in Excel format ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any 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 mailto:Wayne.V.Goulet@DAS.NH.Gov mailto:Wayne.V.Goulet@DAS.NH.Gov Page 7 of 15 Contractor Initials ________ Date ________ in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency. 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: Payment method (P-Card or ACH). 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. INVOICING: Invoices shall be submitted to the corresponding State agency after completion of work/acceptance of delivery. 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. 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 Add applicable prospective Vendor information to the Transmittal Letter form, and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered. It is the responsibility of the Vendor to maintain this 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. https://www.nh.gov/treasury/state-vendors/index.htm https://apps.das.nh.gov/bidscontracts/bids.aspx Page 8 of 15 Contractor Initials ________ Date ________ 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://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.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. OIL ANALYSIS PROGRAM: The Vendor shall provide the offered manufacturers oil analysis program for testing and analysis of oil and engine performance, at no charge, to the requesting agency. Scope of program to include, at a minimum: Vendor to provide all sample containers, shipping boxes and labels at no charge. Performance Analysis reports shall be available to the agency, online, within 10 days of submittal. Product failure Analysis reports shall be available to the agency, online, within 30 days of submittal. There shall be no limit to the number of units enrolled in the program. The Oil analysis program shall apply to all products offered in groups 1, 2, and 11. The participating state agency shall pay shipping of the samples to the oil analysis location. SPECIFICATION COMPLIANCE: Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications. Unless otherwise specified by the Bureau of Purchase and Property in this bid invitation document, all equipment/items offered by the Vendor shall be new (and of the current model year, if applicable); shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes. The manufacturers and/or product numbers indicated are the only ones that are acceptable under this bid invitation. Vendor agrees that all oils, lubricants and compounds sold, furnished and delivered to the State shall conform to the minimum requirements enumerated in the offer section contained herein to include the specification chart below. 1. It is mutually agreed that if the motor oils, lubricants and compounds sold, furnished and delivered by the Vendor to the State do not conform to the standards established by specifications herein, the State reserves the right to purchase any and all products elsewhere; charging any additional costs against monies owed the State to the Vendor. https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx Page 9 of 15 Contractor Initials ________ Date ________ 2. Only one manufacturer shall be utilized to complete the offer section and shall meet all specifications as stated in each group. 3. There shall be no substitutions for brand name products offered by Vendor after the inception of the contract. Manufacturer and Brand name shall remain the same as stated in the bid offer for the term of the contract and any extension. 4. All containers must bear the product name and the API certification code. 5. 55-gallon metal drums shall remain the property of the Vendor. The State agrees to empty these containers and return them as soon as possible, in as good condition as when received, less ordinary wear and tear, at Vendors s expense, as directed by the Vendor. Drums shall be returned to the Vendor complete with all parts (covers plugs etc.) and fixtures intact. 6. If any products are repackaged, Vendor must be a licensed re-packager for the manufacturer represented. The State reserves the right to inspect the packaging facilities of the successful Vendor. 7. The State reserves the right to add new products or commodity sizes to the contract at prices mutually agreeable to the State and the Vendor. 8. In addition to specifications listed in Attachment B Offer Section, all motor oils must meet the performance requirements charted here: SPECIFICATIONS SAE 15W/40 SAE 10W/30 SAE 50W SAE 40W SAE 30W SAE 20W SAE 10W CK-4 X CI-4+ X X SM X X X X X X X EOS-4.5 X X CUMMINS-20086 X X X X X ALLISON C-4 X X CAT ECF-3 X X CAT TO-4 X X X X X X VDS-4.5 X DETROIT 93K222 X X SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF WORK section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SCOPE OF WORK: Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. Unless otherwise specified herein WARRANTY REQUIREMENTS: The successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not less than one (1) year or the manufacturers standard warranty period, whichever is greater, Page 10 of 15 Contractor Initials ________ Date ________ commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses. OBLIGATIONS AND LIABILITY OF THE VENDOR: The successful Vendor shall perform all work and furnish all materials, tools, equipment and safety devices necessary to perform the requested services in the manner and within the time hereinafter specified. The Vendor shall provide said services to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All work to be performed and all equipment to be furnished pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress. The successful Vendor shall take full responsibility for the work to be performed pursuant to the Scope of Work included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said work. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the work, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendor shall bear all losses accruing to the Vendor as a result of the amount, quality, or character of the work required, or because the nature or characteristics of the work location is different from what the Vendor estimated or expected, or due to delays or other complications caused by the weather, elements, or other natural causes. The successful Vendor agrees that any damage or injury to any buildings, materials, equipment, or other property resulting from the Vendors performance of the requested services shall be repaired at the Vendors own expense so that such buildings, materials, equipment, or other property are satisfactorily restored to their prior condition. Disaster Recovery Do you provide emergency preparedness plan to aid the State during an emergency or disaster recovery with specifics as to response time, availability of supplies and goods and services offered? Yes or No If yes, please include hard copy and/or link to website for further information. This information is not considered part of award criteria and is considered informational only. DELIVERY TIME: The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within five (5) business days from the placement of the order. The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement. RETURNED GOODS: The successful Vendor shall resolve all order and invoice discrepancies within five (5) business days from notification. Products returned due to quality issues, duplicate shipments, over-shipments, etc. shall be picked up by the successful Vendor within ten (10) business days of notification with no restocking or freight charges, and shall be replaced with specified products or the agency shall be refunded/credited for the full purchase price. Unauthorized substitutions for any products are not allowed. Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen (15) business days of receipt. Products shall be in re-saleable condition (original container, unused) and there shall be no restocking fee charged for these products. The using agency shall be responsible for any freight charges to return these items to the successful Vendor.