MANAGED CYBER AND INFORMATION SECURITY SERVICES

Page 6 of 18 Contractor Initials_______ Date_______ 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 Invoicing shall be done to the Agency Remit Account on the basis of each order completed, or other mutually agreed upon timeframe between the vendor and agency (example: monthly

invoice). Invoices must be sent to the State department or agency to which the delivery is made. Vendor(s) may email invoices, however it is the vendor’s responsibility to obtain the proper email address prior to submitting invoices via email. Invoices shall clearly indicate the quantity, description, packaging, date delivered, and contract price. Invoicing for eligible participants shall be in accordance with their individual requirements. It will be the responsibility of the successful Vendor(s) to see that all invoices are complete and priced accurately per the terms, conditions and format of this bid and any resulting contract(s). The State will make all efforts to pay all accurate and complete invoices within the payment term stated within this bid; however, errors within the original invoice will relieve the State of the original net-30 term time frame for payment. Vendors are allowed to pass on any discounts to the State of New Hampshire. Any invoices with pricing lower than the contracted price shall be considered a discount unless the ordering Agency is notified as referenced in the “Returned Product/Incorrect Invoices or Deliveries” section below. Invoicing shall be done at the completion of each delivery. Vendors may email invoices to the remit address. It is the Vendor’s responsibility to obtain the correct remit email address prior to delivery. Invoices shall indicate all data stated below: 1. The quantity delivered 2. Description of product delivered 3. Date of delivery (the date when the full delivery has been pumped and invoice is filled out, not prior to pumping) 4. Dip stick reading before and after delivery (Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered) 5. Tank I.D. number if available 6. Delivery location, agency, and physical address 7. Contracted price per gallon as stated in offer section 8. Vendor offered invoice discount for early payment if applicable INVOICING FOR DELIVERIES ON WEEKENDS OR HOLIDAYS When deliveries are required on weekends, (between 12:01 AM Saturday and 12:00 PM midnight Sunday) invoices for those delivery dates will be calculated against the posted Oil Price Daily price on the following Monday or next business day. If deliveries occur on a holiday that falls in the middle of the week (Example: Thanksgiving is observed on a Thursday), invoices for those delivery dates will be calculated against the posted price on the next business day. State of New Hampshire observed holidays are: • New Years Day • Martin Luther King Day • Presidents Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day • Day After Thanksgiving • Christmas Day 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 State’s satisfaction. https://www.nh.gov/treasury/state-vendors/index.htm Page 7 of 18 Contractor Initials_______ Date_______ 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 Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s 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 Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s 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 • 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 State’s 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://apps.das.nh.gov/bidscontracts/bids.aspx https://www.das.nh.gov/purchasing/vendorresources.aspx Page 8 of 18 Contractor Initials_______ Date_______ SPECIFICATION – FUEL PRODUCT REQUIREMENTS All #2 fuel furnished shall conform to ASTM standards (#2 FUEL - D-396-08B and referenced documents) or most recent revision. The maximum sulfur content shall not exceed 0.4% or as indicated by the most recent ASTM standard. In the event of a change in the federal standard, the sulfur content will not exceed that which is mandated by the Federal Government. SPECIFICATION - PRODUCT COMPLIANCE It is mutually agreed that if the #2 heating oil furnished and delivered by the successful vendor to the State of New Hampshire, does not conform to the standard specifications included in this bid, the State reserves the right to purchase said fuel elsewhere charging any additional cost to the Vendor. The Vendor will be responsible for removing the non-conforming fuel. The State may request an analysis, from an approved laboratory, of the fuel delivered at no cost to the State. Vendor's offer must 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. SPECIFICATION -PRODUCT TESTING The State reserves the right to test any fuel product delivered to any of the fuel locations stated within this solicitation or any locations added to the resulting contract over its term for compliance to the product ordered or the specifications and standards herein. If the results of any such test performed determine that the product sold, furnished and delivered to any State locations, does not meet the specifications of the product ordered or the specifications and standards established by the State of New Hampshire and/or the Federal Government, the Vendor responsible for the error will be reported to the NH Department of Environmental Services and held responsible for removing the incorrect product from the delivery location, cleaning of the tank if necessary, delivering the correct product and paying all charges associated with the error including the testing procedure. While the error condition exists, the State reserves the right to purchase said fuel elsewhere charging any additional cost to the Vendor. The vendor responsible for the error would also be subject to the relative “default” conditions as stated in the Terms and Conditions section of this bid. SPECIFICATION CHANGES per STATE and/or FEDERAL LAW In the event a State or Federal law relating to #2 heating oil specifications becomes effective during the contract term, successful vendor(s) shall be expected to comply with revised specifications. In the event the product pricing reflected in OPIS “Oil Price Daily” publication does not conform to the law, the State shall work with successful vendor(s) to determine an alternative index price. Additional Requirements: Unless otherwise stated in the Scope of Services, all services performed under this Contract(s) shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work. 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 shall be arranged by the requesting agency (State). The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendor’s employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor. The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State. The Vendor or their personnel shall not represent themselves as employees or agents of the State. While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State. All personnel shall observe all regulations or special restrictions in effect at the State Agency. The Vendor’s personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited. If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing. Approval by the State must be received prior to a sub-contractor starting any work. Page 9 of 18 Contractor Initials_______ Date_______ DELIVERY PROCEDURES AND REQUIREMENTS State agencies shall contact the successful vendor and coordinate deliveries. All deliveries shall be made in accordance with the following requirements: DELIVERY LOCATION Attached is the current State of New Hampshire agency/institution locations which, if awarded a contract, the Vendor is expected to service. The State of New Hampshire reserves the right to add locations to this list at the contract prices or to delete locations, as needed. The Vendor will be given thirty (30) day notice in the instance where a location or locations are to be removed. This listing does not include any eligible participants. 1. State of New Hampshire Agencies Representatives and contractor may prearrange deliveries beyond the forty-eight (48) hour requirement to suit delivery needs by the mutual agreement of contractor and the NHDOT. 2. DIPPING TANKS State agencies require all vendors to have their delivery personnel dip tanks before and after deliveries using water finding paste, and note said readings on delivery slips. Dip stick readings will be accurate within 1/8” inch per State of New Hampshire Code Of Administrative Rules, Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered. If the dipping indicates more than 1/2” of water the vendor shall not deliver the fuel and shall contact the agency contact and advise them of the situation. 3. DELIVERY SLIP / BOL All deliveries including tanker loads shall include a bill of lading and/or documentation to identify the type of product left at each delivery. Delivery and load slips must be left at each delivery site. Failure to leave delivery documentation at each delivery site may result in delayed payments for said deliveries. 4. TANK DELIVERY CONTAMINATION If a vendor delivers a fuel product to the wrong fuel tank, and that delivery causes contamination between 2 different products (i.e. diesel fuel and gasoline, etc.), the vendor shall take the following steps to correct the situation: • The vendor that delivered the product to the wrong tank shall contact the agency owning the fuel tank to convey the situation as soon as the vendor becomes aware of the situation. • The vendor shall them pump out the total contents of the contaminated tank, both existing product and newly delivered product • It shall be the vendor’s responsibility and cost to properly dispose of the contaminated product • The vendor shall clean the tank. • The vendor shall replace the total volume of product pumped out charging the state for only the original volume requested to be delivered. • The vendor shall be physically and financially responsible for the pumping, cleaning and replacing of the fuel product. • The vendor shall work without delay to remedy the error so the fuel tank may be put back in service ASAP by the state agency. 5. TANK DELIVERY SPILLS / OVERFILLS Most underground tanks (all NHDOT) are equipped with 4" tight fill adapters. Delivery trucks shall be equipped with appropriate hardware to seal delivery lines to prevent over-fills and/or spills. If a spill should occur during delivery, the vendor assumes all responsibility and liability for spill, clean-up and/or cleaning of tank and the delivery driver will report the incident to onsite agency personnel immediately. This requirement also includes cleaning up of any fuel spilled from the spill bucket. 6. OVERFILLS Delivery personnel shall unload product at a reasonable pace and rate to allow the flapper valve to perform its function. Over filling of the tank will require the vendor to return to the site, pump out the overfill and clean out the manhole / spill bucket. All cost associated with correcting the overfill will be the vendors sole responsibility. Violations of this requirement shall be reported to the State of New Hampshire Department of Environmental Services. 7. The User is responsible to ensure that tanks are properly cleaned and maintained when changing from one fuel mixture to another. 8. EMERGENCIES Bidder further agrees to deliver in less time in case of emergencies to the best of his ability. If delivery requirements are not met, the buyer reserves the right to purchase elsewhere, charging any additional costs back to the original vendor. Page 10 of 18 Contractor Initials_______ Date_______ DELIVERY- SAFETY REQUIREMENTS AND PROCEDURES All fuel delivery personnel shall adopt the following safety procedures when making deliveries to any State location: 1. Exercise caution when maneuvering to avoid damage to containment walls. 2. Inspect tank, fittings, and liquid level indicator prior to filling. 3. Place drip pans under all hose fittings prior to loading or unloading. 4. Block truck wheels before starting to load or unload. 5. Remain with the vehicle while loading or unloading. 6. Drain loading or unloading line to storage tank when loading or unloading is complete. 7. Verify that all drain valves are closed before disconnecting loading or unloading lines. 8. Inspect vehicle before departure to be sure all loading or unloading lines have been disconnected and vent valves are closed. 9. Immediately report any leakage or spillage to the onsite personnel. 10. In a case where the leak, spill or overfill takes place at a DOT Fuel Distribution location, in addition to reporting the incident to onsite personnel, delivery personnel will contact said agency immediately @ 603-271-6862. 11. Delivery personnel will shut off all electrical devices (cellular phones, pagers, etc.) while loading or unloading product. Delivery personnel shall clean the manhole / spill bucket of any product they may have spilled during delivery. DELIVERY SLIPS Concluding each delivery, a delivery slip will be left with the designated site point of contact at the location by the vendor. Delivery slips will contain the following information at a minimum: 1. The quantity delivered 2. Description of product delivered 3. Date of delivery (the date when the full delivery has been pumped and invoice is filled out, not prior to pumping) 4. Dip stick reading before and after delivery (Dip stick readings will be accurate within 1/8” inch per State of New 5. Hampshire Chapter Env-Or 400 Underground Storage Facilities regulations, as revised or renumbered) 6. Tank I.D. number if available 7. Delivery location, agency, and physical address 8. Contracted price per gallon as stated in offer section 9. Vendor offered invoice discount for early payment if applicable DELIVERY – “AUTOMATIC” There are locations on the attached location listing that require “automatic delivery”. If nothing is stated, it shall be assumed they are “will call” locations. Agencies wishing to change location delivery status from “will call” to “automatic delivery” or vice versa shall contact the Vendor in writing to request the change. AUTOMATIC DELIVERY REQUIREMENTS – STATE AGENCY RESPONSIBILITIES To assist in a smooth delivery operation (especially at the beginning of a new contract with a new delivery company), the ordering Agency shall provide the vendor with the previous delivery history data, upon request (1 year worth of consumption is preferable) so the vendor may provide the delivery service in an accurate and efficient manner. This history data is also available by request from the previous contractor. Agencies should monitor their fuel tank consumption for the first 3 months of a new contract to be sure they do not run out while the “automatic delivery” program builds a consumption history. The successful vendor shall manage the fuel levels in each “automatic delivery” required location. The tank shall be managed in such a manner that the individual tank will not run out of fuel. If for any reason a tank runs dry, the successful vendor will be responsible to: • Immediately refuel tank • Restart any or all boilers affected and perform any boiler maintenance required due to the fuel outage • Accept and process claims for damage caused to the building because of loss of heat such as, broken pipes, water damage, etc. NON-BUSINESS HOURS DELIVERY Vendor will not assume deliveries made outside of the specified time frames (after hours delivery) are acceptable without permission from the State agency. Many facilities have security measures in place to prevent after hours traffic on the property. Communication between vendor and agency shall take place to allow for “after hours delivery”. Ordering State Agencies shall comply where possible with the vendor’s request for “after hour’s delivery” provided reasonable notice of the request is supplied. Request for “after hour’s delivery” should be isolated instances stemming from unforeseen circumstances and not considered standard delivery procedure.