Division of Procurement and Support Services
Bureau of Purchase and Property
25 Capitol Street, Room 102, State House Annex
Concord, NH 03301-6398
Date of Bid Closing:
Time of Bid Closing:
11:00 AM (EST)
PLEASE DIRECT ANY QUESTIONS REGARDING THIS BID TO LIZ MOSKALENKO: E-mail ELIZABETH.MOSKALENKO@DAS.NH.Gov
EMAIL YOUR BID TO: NH.Purchasing@DAS.NH.Gov
BID INVITATION FOR CONTRACT: EROSION CONTROL MATERIALS
[Insert name of signor]_____________________________, on behalf of _____________________________ [insert name of entity submitting bid
(collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New
Hampshire in response to BID 2336-21 at the price(s) quoted herein in complete accordance with the bid.
Vendor attests to the fact that:
1. The Vendor has reviewed and agreed to be bound by the Bid.
2. The Vendor has not altered any of the language or other provisions contained in the Bid document.
3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above.
4. The prices Vendor has quoted in the Bid were established without collusion with other vendors.
5. The Vendor has read and fully understands this Bid.
6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or
principal officers (principal officers refers to individuals with management responsibility for the entity or association):
a. Has, 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
or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been
b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;
c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other
document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal,
d. Is currently debarred from performing work on any project of the federal government or the government of any state;
e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;
f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department,
agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the
department, agency, board, or commission is charged with implementing;
g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or
any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;
h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;
i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in
this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or
j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year.
This document shall be signed by a person who is authorized to legally obligate the responding vendor. A signature on this document
indicates that all State of New Hampshire terms and conditions are accepted by the responding vendor and that any and all other terms
and conditions submitted by the responding vendor are null and void, even if such terms and conditions have terminology to the contrary.
The responding vendor shall also be subject to State of New Hampshire terms and conditions as stated on the reverse of the purchase order.
Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________
NOTARY PUBLIC/JUSTICE OF THE PEACE
COUNTY: ___________________________ STATE: ______________
On the _____ day of _______________, 2020, personally appeared before me, the above named ________________________, in his/her capacity
as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to
the best of his/her knowledge and belief.
In witness thereof, I hereunto set my hand and official seal.
(Notary Public/Justice of the Peace)
My commission expires: _________________________________________________________ (Date)
Unless specifically amended or deleted by the Division of Procurement and Support Services, the following General Terms and Conditions
apply to this Bid and any resulting Purchase Order or Contract.
Revised: 02/03/20 LMR
GENERAL CONDITIONS AND INSTRUCTIONS:
NATURE OF AND ELIGIBILITY TO RESPOND. This bid invitation is submitted in accordance with Chapter 21-1, and rules promulgated
thereunder, and constitute a firm and binding offer. A bid may not be withdrawn unless permission is obtained from the Bureau of
Purchase and Property.
Bids may be issued only by the Bureau of Purchase and Property and are not transferable.
SAMPLES AND DEMONSTRATIONS. When samples are required they must be submitted free of costs and will not be returned. Items left
for demonstration or evaluation purposes shall be delivered and installed free of charge and shall be removed at no cost to the State.
Demonstration units shall not be offered to the State as new equipment.
BIDS. Bids must be received at the Bureau of Purchase and Property before the date and time specified for the closing. Bids must be
submitted on this bid form or exact copies and must be typed or clearly printed in ink. Corrections must be initialed. Bids are to be
made less Federal Excise Tax and no charge for handling unless required by law.
SPECIFICATIONS. Vendors must submit on items as specified. Proposed changes must be submitted in writing and received at the
Bureau of Purchase and Property at least five (5) business days prior to the bid closing. Vendors shall be notified in writing if any changes
to the specifications are made.
AWARD. The award will be made to the responsible Vendor submitting a conforming bid meeting specifications at the lowest cost
unless other criteria are noted in the bid. Unless otherwise noted, the award may be made by individual items.
If there is a discrepancy between the unit price and the extension, the unit price will prevail.
When identical low bids are received, the award will be made in accordance with the Administrative Rules.
Discounts will not be considered in making award but may be offered on the Invoice for earlier payment and will be applicable on the
date of completion of delivery or receipt of Invoice, whichever is later. On orders specifying split deliveries, discounts will apply on the
basis of each delivery or receipt of Invoice, whichever is later.
PATENT INFRINGEMENT. Any responding vendor who has reason to believe that any other responding vendor will violate a patent should
such responding vendor be awarded the contract shall set forth in writing, prior to the date and time of closing, the grounds for his
belief and a detailed description of the patent.
ASSIGNMENT PROVISION. The responding vendor hereby agrees to assign all causes of action that it may acquire under the antitrust
laws of New Hampshire and the United States as the result of conspiracies, combinations, or contracts in restraint of trade which
materially affect the price of goods or services obtained by the state under this contract if so requested by the State of New Hampshire.
FEDERAL FUNDS. This Division of Plant and Property Management, under RSA 21-1:14, VIII shall assure the continuation or granting of
federal funds or other assistance not otherwise provided for by law by following the Federal Procurement Standards.
STATE’S OPTIONS: The Bureau of Purchase and Property reserves the right to reject or accept all or any part of any bid, to determine
what constitutes a conforming bid, to award the bid solely as it deems to be in the best interest of the State, and to waive irregularities
that it considers not material to the bid.
PUBLIC INFORMATION: The responding vendor hereby acknowledges that all information relating to this bid and any resulting order
(Including but not limited to fees, contracts, agreements and prices) are subject to these laws of the State of New Hampshire regarding
PERSONAL LIABILITY: The responding vendor agrees that in the preparation of this bid or the execution of any resulting contract or order,
representatives of the State of New Hampshire shall incur no liability of any kind.
PROOF OF COMPLIANCE. The responding vendor may be required to supply proof of compliance with proposal specifications. When
requested, the responding vendor must immediately supply the Bureau of Purchase and Property with certified test results or certificates
of compliance. Where none are available, the State may require independent laboratory testing. All costs for such testing certified test
results or certificate of compliance shall be the responsibility of the responding vendor.
FORM OF CONTRACT. The terms and conditions set forth in any additional Terms and Conditions by the Bureau of Purchase and Property
are part of the bid and will apply to any contract awarded the responding vendor unless specific exceptions are taken and accepted
and will prevail over any contrary provisions in Terms and Conditions submitted by the responding vendor.
Revised: 02/03/20 LMR
CONTRACT TERMS AND CONDITIONS
1. The State of New Hampshire, acting through the Division of Procurement and Support Services, engages the firm or individual ("the
Vendor") to perform the services and/or sale of goods, described in the attached State documents, if any, and the Vendor’s bid or
quotation, both of which are incorporated herein by reference.
2. COMPLIANCE BY VENDOR WITH LAWS AND REGULATIONS. In connection with the performance of this agreement, the Vendor shall
comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities, which shall impose any
obligation or duty upon the Vendor, including, but not limited to civil rights and equal opportunity laws.
3. TERM. The contract, and all obligations of the parties thereunder, shall become effective on a specified date and shall be
completed in their entirety prior to a specified date. Any work undertaken by the Vendor prior to the effective date shall be at his sole
risk and, in the event that the contract shall not become effective, the State shall be under no obligation to reimburse the Vendor for
any such work.
4. CONTRACT PRICE. The contract price, a payment schedule and a maximum limitation of price shall be as specified by the bid
invitation and the Vendor’s bid. All payments shall be conditioned upon receipt, and approval by the State, of appropriate vouchers
and upon satisfactory performance by the Vendor, as determined by the State. The payment by the State of the Contract Price shall
constitute complete reimbursement to the Vendor for all expenses of any nature incurred by the Vendor in the performance by the
Vendor and complete payment for the Services. The State shall have no other liability to the Vendor.
5. DELIVERY. If the vendor fails to furnish items and/or services in accordance with all requirements, including delivery, the state may re-
purchase similar items from any other source without competitive bidding, and the original vendor may be liable to the state for any
excess costs. If a vendor is unable to complete delivery by the date specified, he must contact the using agency. However, the
agency is not required to accept a delay to the original delivery date. All deliveries are subject to inspection and receiving procedure
rules as established by the State of New Hampshire. Deliveries are not considered accepted until compliance with these rules has been
established. State personnel signatures on shipping documents shall signify only the receipt of shipments. All deliveries shall be FOB
6. INVOICING. All invoices must list Order Number, Unit and Extension Prices and discounts allowed. A separate invoice shall be
submitted for each order. Unless otherwise noted on the invitation to bid or purchase order, payment will not be due until thirty (30) days
after all services have been completed, or all items have been delivered, inspected and accepted or the invoice has been received at
the agency business office, whichever is later.
7.1. The Vendor shall disclose in writing the names of all owners (5% or more), directors, officers, employees, agents or subcontractors
who are also officials or employees of the State of New Hampshire. Any change in this information shall be reported in writing within
fifteen (15) days of their occurrence.
7.2. The person signing this agreement on behalf of the State, or his or her delegee ("Contracting Officer") shall be the State’s
representative for purposes of this agreement. In the event of any dispute concerning the interpretation of this agreement, the
Contracting Officer’s decision shall be final.
8. EVENT OF DEFAULT; REMEDIES.
8.1. Any one or more of the following acts or omissions of the Vendor shall constitute an event of default hereunder ("Events of Default"):
8.1.1. failure to deliver the goods or services satisfactorily or on schedule; or
8.1.2. failure to submit any report required hereunder; or
8.1.3. failure to perform any of the other covenants and conditions of this agreement.
8.2. Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
8.2.1. give the Vendor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a
greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied,
terminate this agreement, effective two (2) days after giving the Vendor notice of termination; and
8.2.2. give the Vendor a written notice specifying the Event of Default and suspending all payments to be made under this agreement
and ordering that the portion of the Contract Price, which would otherwise accrue to the Vendor during the period from the date of
such notice until such time as the State determines that the Vendor has cured the Event of Default, shall never be paid to the Vendor;
8.2.3. set off against any other obligation the State may owe to the Vendor any damages the State suffers by reason of any Event of
8.2.4. treat the agreement as breached and pursue any of its remedies at law or in equity, or both.
Revised: 02/03/20 LMR
9. WAIVER OF BREACH. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of
its rights with regard to that Event, or any subsequent Event. No express failure of any Event of Default shall be deemed a waiver of any
provision hereof. No such failure or waiver shall be deemed a waiver of the right of the State to enforce each and all of the provisions
hereof upon any further or other default on the part of the Vendor.
10. VENDOR’S RELATION TO THE STATE. In the performance of this agreement the Vendor is in all respects an independent contractor,
and is neither an agent nor an employee of the State. Neither the Vendor nor any of its officers, employees, agents or members shall
have authority to bind the State nor are they entitled to any of the benefits, workmen’s compensation or emoluments provided by the
State to its employees.
11. ASSIGNMENT AND SUBCONTRACTS. The Vendor shall not assign, or otherwise transfer any interest in this agreement without the prior
written consent of the State. No work required by this contract shall be subcontracted without the prior written consent of the State.
12. INDEMNIFICATION. The contractor shall defend, indemnify and hold harmless the State, its officers and employees, from and against
any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the
State, its officers 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
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.
Revised: 02/03/20 LMR
BID INVITATION FOR: EROSION CONTROL MATERIALS
The purpose of this bid invitation is to establish a contract for supplying the State of New Hampshire agencies
with the items indicated in the “Offer” section of this bid invitation to be ordered as needed during the term of
the contract, in accordance with the requirements of this bid invitation and any resulting contract. Items ordered
under any resulting contract shall be delivered FOB destination to the locations indicated in the “Delivery
Locations” 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, sign, and notarize page 1 of the bid invitation.
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
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.
REQUEST FOR CHANGES AND/OR CLARIFICATION:
Any Questions shall be submitted by an individual authorized to commit their organization to the Terms and
Conditions of this bid. Submissions shall clearly identify the bid Number, the Vendor’s name and address and
the name of the person submitting the question. Any questions, clarifications, and/or requested changes
shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM as 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 E-mail to Liz Moskalenko at the following address: Elizabeth.Moskalenko@DAS.NH.Gov.
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
The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise,
considered the dates below a “no later than” date.
Bid Solicitation distributed on or by
Last day for questions, clarifications, and/or requested changes to bid
11:00 APM (EST) Bid Closing
Implementation / Posting of Contract
GOVERNING TERMS AND CONDITIONS:
A responding bid that has been completed and signed by your representative shall constitute your company’s
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 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
Revised: 02/03/20 LMR