ASP EXO HANDCUFF CASES

4 and employees, by or on behalf of any person, on account of, based on, resulting from, arising out of (or which may be claimed to arise out of) the acts or omissions of the Vendor. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant shall survive the termination of this agreement. 12.1 PATENT PROTECTION. The seller agrees to indemnify and defend the State of New Hampshire from all claims and losses resulting from alleged and actual patent infringements and further agrees to hold the State of New Hampshire harmless from any liability arising under RSA 382- A:2-312(3). (Uniform Commercial Code). 13. TOXIC SUBSTANCES. In compliance with RSA 277-A Toxic Substances in the Workplace known as the Workers Right to Know Act, the vendor shall provide Safety Data Sheets (277-A:4 Safety Data Sheets) for all products covered by said law. 14. NOTICE. Any

notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given below. 15. AMENDMENT. This agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto. 16. CONSTRUCTION OF AGREEMENT AND TERMS. This agreement shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. 17. ADDITIONAL PROVISIONS. The additional provisions (if any) have been set forth as Exhibit "A" hereto. 18. ENTIRE AGREEMENT. This agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings relating hereto. 5 BID INVITATION FOR ASP EXO HANDCUFF CASES PURPOSE: The purpose of this bid invitation is to establish a contract in the form of a purchase order, for supplying the State of New Hampshire with the items indicated in the Offer section of this bid invitation, in accordance with the requirements of this bid invitation and any resulting order. This shall be a one-time order with delivery required to the location indicated in the F.O.B. section of this bid invitation. INSTRUCTIONS TO VENDOR: Read the entire bid invitation prior to filling it out. Complete the pricing information in the Offer section (detailed information on how to fill out the pricing information can be found in the Offer section); complete the Vendor Contact Information section; and finally, fill out, and sign page 1 of the bid invitation. BID SUBMITTAL: All bids shall be submitted on this form, or an exact copy shall be typed or clearly printed in ink and shall be received on or before the date and time specified on page 1 of this bid under Bid closing. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agents name. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201. BID INQUIRIES: Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant. Questions shall be submitted by email to Lincoln Adams at Lincoln.J.Adams@DAS.NH.Gov Submissions shall clearly identify the bid Number, the Vendors name and address and the name of the person submitting the question. BID DUE DATE: All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as Late and shall not be considered in the evaluation process. All bid submissions shall be treated as firm offers to remain valid for acceptance for a period of one hundred eighty (180) days from the bid due date. The transmittal of a vendors response or bid submission to any State agency or office other than the Department of Administrative Services (DAS), Bureau of Purchase and Property may be grounds for disqualification. ADDENDA: In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is https://das.nh.gov/Purchasing/vendorresources.aspx. TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a no later than date. 12/7/2023 Bid Solicitation distributed on or by 12/21/2023 Last day for questions, clarifications, and/or requested changes to bid 12/27/2023 11:00 AM (EST) Bid Closing GOVERNING TERMS AND CONDITIONS: A responding bid that has been completed and signed by your representative shall constitute your companys acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any mailto:NH.Purchasing@DAS.NH.Gov https://das.nh.gov/Purchasing/vendorresources.aspx 6 elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF. NON-EXCLUSIVE CONTRACT: Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS: Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner: If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are confidential. Use of any other term or method, such as stating that a document or portion thereof is proprietary, not for public use, or for clients use only, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the publics right to know shall neither be accepted nor honored by the State. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential. If a request 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 what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information. By submitting a proposal, Bidders acknowledge and agree that: The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFB; The State is not obligated to comply with a Bidders designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Bidder. VENDOR CERTIFICATIONS: All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shall have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://das.nh.gov/purchasing/vendorresources.aspx. https://das.nh.gov/purchasing/vendorresources.aspx 7 VENDOR RESPONSIBILITY: The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. It is a prospective Vendors responsibility to access our website to determine any bid invitation under which they wish to participate. It is also the Vendor(s)s responsibility to access our website for any posted addendum. All State of New Hampshire bid invitations and addenda to these bid invitations are advertised on our website at: https://das.nh.gov/purchasing/vendorresources.aspx. The website is updated several times per day; it is the responsibility of the prospective Vendor(s) to access the website frequently to ensure no bidding opportunity or addenda is overlooked. It is the prospective Vendors responsibility to forward a signed copy (if the form has a signature block) of any addenda to the Bureau of Purchase and Property with the bid response. In preparation of your bid response, you shall: Complete the pricing information in the Offer section; and o You may include quote separately, but the OFFER SECTION MUST be completed for compliant acceptance. Complete all other required information on your offer (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. WARRANTY REQUIREMENTS: Successful Vendor shall be required to warranty all of the equipment/item awarded to Vendor for a period of not less than one (1) year or the manufacturers standard period of time, whichever is greater, from the date the items are received, inspected and accepted by the State of New Hampshire. The warranty shall cover 100% of all parts, shipping, labor, travel, lodging and expenses. PAYMENT: 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. INVOICING: Invoices shall be submitted to the corresponding State agency after completion of work. AWARD: The award shall be made to the Vendor meeting the criteria established in this RFB and providing the lowest cost in total. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. The award shall be, in the form of a State of New Hampshire Contract in the form of a purchase order. Successful Vendor shall not be allowed to require any other type of purchase order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel. BID RESULTS: Bid results may be viewed when available, once the award has been made, on our web site only at: https://apps.das.nh.gov/bidscontracts/bids.aspx. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public to the above website. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice. TERMINATION: The State of New Hampshire shall have the right to terminate the purchase contract at any time by giving the successful Vendor a thirty (30) day written notice. F.O.B.: The F.O.B. shall be destination to the following delivery point (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this bid or subsequent purchase orders without additional charge: 3 McGuire Street, Concord NH 03301 Lieutenant Miljan Lacmanovic 603-892-5423 Miljan.Lacmanovic@doc.nh.gov (MUST CONTACT 24-48 HOURS PRIOR TO DELIVERY) https://das.nh.gov/purchasing/vendorresources.aspx https://www.nh.gov/treasury/state-vendors/index.htm https://www.nh.gov/treasury/state-vendors/index.htm https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:Miljan.Lacmanovic@doc.nh.gov 8 Requisition No.: 235173 RETURNED GOODS: The successful Vendor shall resolve all order and invoice discrepancies within five 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 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 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. 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 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. SPECIFICATIONS: High-strength polymer construction Lightweight exoskeleton Contoured silicone pad in base Two stage security lock Pre-loaded ready configuration Rapid deployment Snap-Loc belt loop Molle Compatible Ability to mount on duty belts, dress belts or tactical vests Spare handcuff key (to be included) BID PRICES: Bid prices shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges, or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. 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. OFFER: The bidder offers to sell to the state of New Hampshire the commodities or services indicated at the price or prices quoted and in compliance with the requirements and specifications of the bid. Quotes in lieu of a completed offer sheet will not be accepted. QTY UNIT DESCRIPTION DELIVERED UNIT COST EXTENDED TOTAL COST 550 EACH ASP EXO HANDCUFF CASES MFG #56130 - ITEM # NP1937 BLK $ $ DELIVERY TIME: Successful Vendor agrees to complete delivery of all items within 30 days after receipt of Purchase Order or sooner to location noted on Page 7 FOB. Prices offered shall include all products and delivery costs. ATTACHMENTS: The following attachments are an integral part of this bid invitation: Attachment 1: Product Information Sheet 9 VENDOR CONTACT INFORMATION: Please provide contact information below for a person knowledgeable of and who can answer questions regarding, this bid response. __________________________________________ _________________________ ____________________________ Contact Person Local Telephone Number Toll Free Telephone Number __________________________________________ _________________________________________________________ E-mail Address Company Website __________________________________________ _________________________________________________________ Vendor Company Name Vendor Address _________________________________________ ___________________________ Vendor Number DUNS and/or SAM.GOV Number Note: To be considered, front cover sheet bid shall be signed in the space provided. 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