CONTRACT: Lift Truck Maintenance Services

"A responding bid that has been completed and signed by your representative shall constitute your company\u2019s acceptance of all State of\nNew Hampshireterms and conditions and shall legally obligate your company to theseterms and conditions.\n\nA signed response further signifiesthatfromthetimethebid is published (bid solicitation date and time) until a contract is awarded, no\nbidder shall offer or give, directly or indirectiy, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any\ndected official, public official, public employee, constitutional official, or family member of any such official or employee who shall\nselect, evaluate, or award theRFB.\n\nFurthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the \\V/endor are\nspecifically null and void and are not a part of this bid invitation or any awarded purchase order, even if saidterms and/or conditions\ncontain language to the

contrary.\n\nTheform P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State,\nfollowing notification, shall promptiy execute this contract form, which is to be completed by incorporating the service requirements\nand price conditions established by the vendor\u2019s offer.\n\nCHAPTER ADM 600 PROCUREMENT AND PROPERTY RULESAPPLY TOANDARE MADE A PART HEREOF.\n\nComplete bids shall befilled out on the original documents and format that are a part. of this bid invitation. Vendors may submit\nadditional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State's format.\n\nCONTRACT TERM:\nThetermof the contract shall commence on May 1, 2024, or upon approvdl of theGovernor and Executive Council, whichever is later,\nthrough April 30, 2026, a period of approximately two (2) years.\n\nThe contract may be extended for up to an adkiitional two (2) years therezfter under the sametemss, conditions, and pricing structure upon\nthe mutual agreement between the successful Vendor and the State with the approval of the Governor and Executive Council.\n\nCONTRACT AWARD:\n\nThe award shall be made to the Vendor meeting the criteria established inthis RFB and providing the lowest cost in total. The State\nreserves the rightto rgect any or all bids or any part'thereof and ada/delete items/locations to the contract. All awvard(s) shall be inthe\nformof aStateof 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 requirethe\nfilling out or signing of any other document by State of New Hampshire personnd.\n\nNOTIFICATION AND AWARD OF CONTRACTIS):\n\nBid results shall not be given by tdephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting\nresponses and pricing shall be made public. Other specific response information shall not begiven out. Bid results shall be made\npublic 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. In lieu of\nin person public bid openings the State shall conduct openings via dectronic means until further notice.\n\nLIABILITY:\n\nThe State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract\nissuance.\n\nPUBLIC DISCLOSURE OF BIDOR PROPOSAL SUBMISSIONS:\n\nGenerally, thefull contents of any proposal (including all materials submitted in connection with it, such as attachments, e&hibits,\naddenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with\nthe selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally availableto the public\neven beforethistime, in accordance with the provisions of NH RSA 21-G:37.\n\nConfidential, commercial or financial information may be &xempt from public disclosure under RSA 91-A:5, IV. Any and all\ninformation contai ned in or connected to abid or proposal that a Bidder considers confidential shall beclearly designated inthe\nfollowing manner:\n\nIf the Bidder considers any portion of a submission confidential, they shall provide a separate copy of thefull and complete document,\nfully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted\nportion or portions are \u201cconfidential.\u201d Useof any other termor method, such as stating that a document or portionthereof is\n\u201cproprietary\u201d, \u201cnot for public use\u201d, or \u201cfor dlient's use only\u201d, is not acceptable In addition to providing an additional fully redacted\n\nPage 3 of 13\nContractor Initials\n\nDate\n" "copy of thebid submission to the person listed as the point of contact on Page one (1) of this document, theidentified information\nconsidered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidentidl. In\nother words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do\nnot conformto these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the\nrationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions\nwhich are contrary to these instructions or operative lav\u0131 may bergected by the State as not conforming to the requirements of the bid\nor proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by\ntheState Marking 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\nNotwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subjectto public\ndisclosure REGARDLESS of whether or not marked as confidential.\n\nIf arequest is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess\nwhat information it bdlieves is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the\nproposal or related material shall be rdeeased; and notify the Bidder of thedateit plansto rdessethe materials. To halttherelease of\ninformation by the State a Bidder must initiate and provideto the State, prior to the date specified inthenotice, acourt action in the\nSuperior Court of the State of New Hampshire, at its sole expense, seeking to enjointherelesse of the requested information.\n\nBy submitting a proposal, Bidders acknowiedge and agree that:\n\n\u00ab The State may disclose any and all portions of the proposal or rdlated materials which are not marked as confidential and/or which\nhave not been specifically explained in theletter to the person identified as the point of contact forthisRFP;\n\u00ab The Stateis not obligated o comply with a Bidder\u2019s designations regarding confidentiality and must conduct an independent\nanalysisto assess the confidentiality of the information submitted in your proposal; and\n\u00ab The State may, unless otherwise prohibited by court order, rdlessethe information on the date specified in thenotice described above\nwithout any liability to a Bidder.\nTERMINATION:\nThe State of New Hampshire shall havetheright'to terminate the contract at any time with athirty (30) day written noticeto the\nsuccessful Vendor.\n\nVENDOR CERTIFICATIONS:\nAll Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire.\n\n\u00abe STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To bedigiblefor acontract award, aVendor must have a\ncompleted Vendor Application Package on filewith theNH Bureau of Purchase and Property. Seethefollowing websitefor\ninformation on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing).\n\nNEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To beeligiblefor a contract award, aVendor thatis 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 withthe NH\nSecretary of State Please visitthefollowing website to find out more about the requirements for registration with the NH\nSecretary of State: https://sos.nh.gov/corporation-divisiony.\n\nCONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the V/endor who\nwill be accessing or working with records of the State of New Hampshire shall be requiredto sign a Confidentiality and Non-\nDisclosureAgreement and a Release of Criminal Record Authorization Form. These forms shall be retumned to the designated\nState agency prior to commencing any work.\n\nCERTIFICATE 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\nBID PRICES:\n\nBid prices shall remain firmfor the entire contract period and shall bein US dollars and shall include delivery and all other costs\nrequired by this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by\nwhatever name) may not be added on at any time. Any and all charges shall be built into your bid price atthetime of thebid. Unless\notherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's\nreceiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge.\nShipments shall be made in order to arrive atthe destination at a satisfactory time for unloading during receiving hours.\n\nPage 4. of 13\n\nContractor Initials\n\nDate\n" "Per Adhinistrative Rule 606.01(e) \u201cif thereis a discrepancy between the unit price and the &xtension pricein aresponseto anRFP,\nRFB or RFQ, the unit price shall be binding upon the vendor\u201d.\n\nPrice decresses shall become effective innmediately asthey become effectiveto the general trade or the Vendor\u2019s best/preferred\ncustomer.\n\nAUDITSANDACCOUNTING:\n\nThe successful Vendor shall allow representatives of the State of New Hampshireto have complete access to all records for the purpose\nof determining compliance with theterms and conditions of this bid invitation and in determining the award and for monitoring any\nresulting contract.\n\nAt intervals during the contract term, and prior to thetermination of the contract, the successful Vendor may berequired to providea\ncomplete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions\nand authorized non-profit organizations.\n\nPAYMENT:\n\nPayments shall be made viaACH or Procurement Card (P-card =Credit Card) unless otherwise specified by the State of New\nHampshire. Usethefollowing link to enroll with the State Treasury for ACH payments: https: //wwww.nh.gov/tressury/state-\nvendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor.\n\nINVOICING:\nInvoices shall be submitted to the State and Federal Surplus Facility Administrator, or an officer of their choosing, after completion of\nwork.\n\nTERMSOF PAYMENT:\nPayment shall be made in full within thirty (30) days after receipt of theinvoice and acceptance of the corresponding goods and/or\nservices to the State\u2019s satisfaction.\n\nVENDOR RESPONSIBILITY:\nThe successful Vendor shall be sold'y responsible for meeting all terms and conditions specified in thebid, and any resulting contract.\nAll State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at\nhttps: //apps.das.nh.gov/bidscontracts/bids.aspx.\nIt is a prospective Vendor\u2019s responsibility to access our website to determine any bid invitation under which the Vendor desires to\nparticipate. Itis also theVendor\u2019s responsibility to access our website for any posted addenda.\nThe website is updated several times per day; itistheresponsibility of the prospective Vendor to access the website frequentiy to\nensure that no bidding opportunity or addendum is overlooked.\nIt isthe prospective Vendor\u2019s responsibility to forward a signed copy of any addendumrequiring the Vendor\u2019s signature to the Bureau\nof Purchase and Property with the bid response.\nIn preparation of a bid response, the prospective Vendor shall:\n\n\u00ab Provide pricing informstion as indicated inthe \u201cOffer\u201d section; and\n\ne Provide all other information required for the bid response (if applicable); and\n\ne Completethe \u201cVendor Contact Information\u201d section; and\n\ne Completethe company information on the \u201cTransmittal Letter\u201d page, and sign under penalty of unsworn falsificationinthe\nSpace provided on that page.\nItisthe responsibility of theV/endor to maintain any awarded contract and New Hampshire Vendor Registration with upto date contact\ninformation.\n\nContract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sentito the State\u2019's Contracting Office\nlisted in Box 1.9 of FormP-37.\n\nAdditionally, all updates i.e., tdephone numbers, contact names, email addresses, \\V9, tax identification numbers are required to be\ncurrent through aformal electronic submission to the Bureau of Purchase and Property at:\nhttps: //www.das.nh.gov/purchasing/vendorresources.aspx.\n\nIFAWARDEDA CONTRACT:\nThe successful Vendor shall complete the following sections of Appendix A (Agreement State of New Hampshire Form #P-37):\n\nSecion 1.3 Contractor Name\n\nPage 5 of 13\nContractor Initials\n\nDate\n" "Section 1.4 Contractor Address\nSection 1.11 Contractor Signature\nSection1.12 Name& Titleof Contractor Signatory (if Vendor is not a sole proprietor)\n\n\u00abe Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37.\n\u00abe Provide proof of sufficient workers\u2019 compensation insurance coverage or evidence of exemption from RSA Chapter 81-A.\n\u00ab If thesuccessful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a\ncertificate of good standing issued by theNH Secretary of State or, for a newiy incorporated, formed, or registered entity, a\ncopy of the appropriate registration document cer\u00fcfied by theNH Secretary of State.\nSPECIFICATIONS:\nComplete specifications required are det\u00e4illedintheSCOPE OF SERVICES section of this bid invitation. In responding to the bid\ninvitation, the prospective Vendor shall address all requirements for information as outlined herein.\n\nSITE VISITATION:\n\nPrior to bidding, it is each Vendor's responsibility to become thoroughly familiar with the pieces of equipmentto be serviced, detailed\nbelow, to determine everything necessary to accompl ish the services. Failure of the \\V/endor to make a site visit does not relievethe\nVeendor of responsibility to fully understand what is necessary to accomplish a successful and complete services. To arrange a site visit,\nbetween the hours of 8:00 AM and 2:30 PM on any business day except for Monday, please contact the State Surplus Facility Staff at\n603-271-5655.\n\nEQUIPMENT SPECIFICATIONSAND DETAILS:\n\nYEAR MAKE MODEL FUEL SERIAL NUMBER\n1997 Hyster H155XL Diesel F006G 03249U\n1994 Hyster H60XM Diesel D177G 13262R\n1986 Hyster H40XLMIL Diesel A177B10124G\n\nSCOPE OF SERVICES:\nVeendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as\ndescribed herein.\n\nUpon request from State Surplus personnd, the successful vendor shall coordinate with State personnd to schedule and arrangefor a\ncapabletechnician to travd to the State Surplus facility at 144 Clinton Street, Concord, NH withinten (10) business days of the date of\nthe service request.\n\nSuccessful vendor shall perform any requested work, perform a preventative maintenance inspection on the equipment and\ncommunicate in writing any recommended repair or maintenance services to the State Surplus Administrator or an officer of their\nchoosing.\n\nAtthe State's sole discretion, the State may supply common maintenance items for the successful vendor to use/install, ind uding but\nnot limited to: motor oil, oil filter, fud filter, air filter, etc.\n\nTypical maintenance services that may be requested indude but are not limited to:\n\ne Engineoil andfilter change\nLubrication of all gressefittings, slide contact points, roller chains and pivot points\nHydraulic oil filter change and/or hydraulic oil change\nReplacement of coolant or flushing of equipment\u2019s cooling systemto remove contaminants\nAdditional repair work discovered by inspection or requested by State personnd\n\nThe Preventative Maintenance inspection at each service, shall at a minimum include:\ne Clean machine with compressed air, conditions permitting\nClean and lubricate all grease fittings\nLubricate any and all slides, roller chains, hinges, pivot points, etc.\nInspect tire condition and pressure\nInspect all belts, chains or other exposed drive components for proper tension, damage and wear\nInspect all hoses for cuts, frays, leaks or severe wear\n\nPage 6 of 13\n\nContractor Initials\n\nDate\n" "Check air cleaner condition, blow out with compressed air\nCheck engine coolant condition and level, fill if necessary\nCheck engineoil levdi,\n\nCheck brakefluid levdi, fill if necessary\n\nCheck transmission and differential fluid level, fill if necessary\nCheck hydraulic oil levd, fill if necessary\n\nInspect all steering components for looseness or wear\n\nCheck battery voltage and dectrolyte levels/condition if applicable\nInspect brake pedal linkage, adjust if necessary\n\nInspect all hydraulic cylinders for leaks\n\nOperational check and physical inspection of machine\nComplete inspection of all safety components\n\nADDITIONAL REQUIREMENTS:\n\nUnless otherwise stated in the Scope of Services, all services performed under this Contract(s) shall be performed between the hours of\n8:00A.M. and 2:30 P.M onthefollowing days: Tuesday, Wednesday, Thursday and Friday unless other arrangements are made in\nadvance with the State No work will take place on Mondays in effort to not inhibit normal surplus store operations. Any deviationin\nwork hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to\nprovide security and access to respective work areas. No premium charges shall be paid for any off-hour work.\n\nThe Vendor shall not commence work until a conference is had with each agency, at which representati ves of the \\V/endor and the State\nare present. The conference shall be arranged by the reguesting agency (State).\n\nThe State shall require correction of defective work or damages to any part. of a building or its appurtenances when caused by the\nVrendor\u2019s employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages\nrendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptiy with the necessary corrections, the\nState may withhold any amount necessary to correct all defective work or damages from payments to the Vendor.\n\nThe work staff shall consist of qualified persons completely familiar with the products and equipment they shall use The Contracting\nOfficer may requirethe Vendor to dismiss fromthe work such employees as deems incompetent, cardess, insubordinate, or otherwise\nobjectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best\ninterest of security and the State.\n\nTheVendor or their personnd shall not represent themselves as employees or agents of the State.\n\nWhile on State property, employess shall be subject to the control of the State, but under no circumstances shall such persons be\ndeemed to be employees of the State.\n\nAll personnel shall observe all regulations or special restrictions in effect atthe State Agency.\nThe Vendor\u2019s personnel shall be allowed only in areas where services are being performed. The use of Statetdlephones is prohibited.\n\nIf sub-contractors areto be utilized, please include information regarding the proposed sub-contractors including thename of the\ncompany, their address, contact person and three references for dients they are currently servicing. Approval by the State must be\nreceived prior to asub-contractor starting any work.\n\nWARRANTY REQUIREMENTS:\nThe successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not lessthan\n\none (1) year or the manufacturer\u2019s standard warranty period, whichever is greater, commencing on the date that the equipment is\nreceived, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs,\nincluding all parts, shipping, labor, travel, lodging, and expenses.\n\nOBLIGATIONSAND LIABILITY OF THE VENDOR:\n\nThe successful Vendor shall perform all work and fumish all materials, tools, equipment and safety devices necessary to performthe\nrequested services in the manner and within thetime hereinafter specified. The\\Vendor shall provide said services to the satisfaction of\nthe State and in accordance with the specifications and atthe price set forth herein. All work to be performed and all equipmentto be\nfumished pursuant to the Scope of Services included herein shall be performed and fumnished in strict accordance with the\nspecifications included herein, theterms of any contract awvarded as a result of this solicitation, any associated contract drawings, and\nthe directions of State representatives as may be given fromtimeto time whilethe work is in progress.\n\nPage 7 of 13\nContractor Initials\n\nDate\n"