New Dump Truck with Plow

Agency: New Hampshire Community College System
State: New Hampshire
Type of Government: State & Local
NAICS Category:
  • 336211 - Motor Vehicle Body Manufacturing
  • 484220 - Specialized Freight (except Used Goods) Trucking, Local
Posted Date: Mar 25, 2020
Due Date: Mar 31, 2020
Solicitation No: RVC20-02
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Bid # College Bid Description Addendum Closes on
RVC20-02 RVCC New Dump Truck with Plow Questions and Answers 03/31/2020

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Community College System of NH
26 College Dr
Concord NH 03301
Date: March 16, 2020
Bid No.: RVC20-02
Bid Submission Due: March 31, 2020
Time Bid Submission Due By: 2:00 PM
PLEASE DIRECT ANY QUESTIONS REGARDING THIS BID TO: Kathleen Emery
TEL. NO: 603-230-3524
YOU MAY:
EMAIL YOUR BID TO: kemery@ccsnh.edu
FAX YOUR BID TO: 603- 271-2725
MAIL YOUR BID TO: 26 College Dr., Concord NH 03301
BID INVITATION FOR: NEW DUMP TRUCK WITH PLOW
Unless specifically amended or deleted by the Community College System of New Hampshire, the following General Terms and Conditions apply to this Bid and any
resulting Purchase Order or Contract.
GENERAL CONDITIONS AND INSTRUCTIONS:
NATURE OF, AND ELIGIBILITY TO RESPOND. This bid invitation is submitted and
the rules promulgated thereunder, and constitutes a firm and binding offer. A bid may not be
withdrawn unless permission is obtained from the Community College System of NH
(CCSNH).
FEDERAL FUNDS. The Community College System of NH shall assure the continuation
or granting of federal funds or other assistance not otherwise provided for by law by
following the Federal Procurement Standards.
Bids may be issued only by the Community College System of NH and are not transferable.
SAMPLES AND DEMONSTRATIONS. When samples are required they must be
submitted free of costs and will not be returned.
CCSNH’S OPTIONS: The Community College System of NH 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 CCSNH, and to waive irregularities
that it considers not material to the bid.
Items left for demonstration or evaluation purposes shall be delivered and installed free of
charge and shall be removed at no cost to the CCSNH. Demonstration units shall not be
offered to the CCSNH as new equipment.
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 public information.
Bids. Bids must be received at the Community College System of NH before the date and
time specified for the opening. 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.
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 Community
College System of NH shall incur no liability of any kind.
Bids will be made available to the public after the time of award. Bid results will be given by
mail only if requested in writing and accompanied by a self-addressed, stamped business
size envelope.
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 Community College System of NH with certified test results or
certificates of compliance. Where none are available, the CCSNH 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.
SPECIFICATIONS. Vendors must submit on items as specified. Proposed changes must be
submitted in writing and received at the Community College System of NH at least five (5)
working days prior to the bid opening. Vendors shall be notified in writing if any changes to
the specifications are made.
FORM OF CONTRACT. The terms and conditions set forth in any additional Terms and
Conditions by the Community College System of NH 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.
AWARD. The award will be made to the responsible Vendor submitting a conforming RFB
meeting specifications at the lowest cost unless other criteria are noted in the RFB. Unless
otherwise noted, the award may be made by individual items.
OFFER. The undersigned hereby offers to sell to the Community College System of NH the
commodities or services indicated in the following page(s) of this Bid at the price(s) quoted
in complete accordance with all conditions of this Bid.
If there is a discrepancy between the unit price and the extension, the unit price will prevail.
Company Name:__________________________________________________
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.
Address: ________________________________________________________
________________________________________________________
Tel.#:(local)______________________ (Toll free)_____________________
Fax#:___________________________
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 opening, the grounds for his
belief and a detailed description of the patent.
Authorized Signature:_______________________________________________
_____________________________________________________
(TYPE OR PRINT NAME)
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.
This document must be signed by a person who is authorized to legally obligate the
responding vendor. A signature on this document indicates that all State of NH &
Community College System of NH 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/CCSNH terms and
conditions as stated on the reverse of the purchase order.
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CONTRACT TERMS AND CONDITIONS
1. The Community College System of NH (CCSNH), engages the firm or individual ("the
Vendor") to perform the services and/or sale of goods, described in the attached CCSNH
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 CCSNH 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 CCSNH, of appropriate
vouchers and upon satisfactory performance by the Vendor, as determined by the CCSNH.
The payment by the CCSNH 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 CCSNH 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 CCSNH may re-purchase similar items from any other
source without competitive bidding, and the original vendor may be liable to the CCSNH for
any excess costs.
If a vendor is unable to complete delivery by the date specified, he must contact the CCSNH.
However, the campus 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
receiving campus. 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 Destination.
6. INVOICING. All invoices must show 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. PERSONNEL.
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/CCSNH. 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 CCSNH, or his or her delegee
("Contracting Officer") shall be the CCSNH’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 CCSNH 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 CCSNH determines that the Vendor has cured the Event of
Default, shall never be paid to the Vendor; and
8.2.3. set off against any other obligation the CCSNH may owe to the Vendor any damages
the CCSNH suffers by reason of any Event of Default; and
8.2.4. treat the agreement as breached and pursue any of its remedies at law or in equity, or
both.
9. WAIVER OF BREACH. No failure by the CCSNH 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 CCSNH. 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 CCSNH. Neither the Vendor nor any of its officers, employees, agents or members
shall have authority to bind the CCSNH nor are they entitled to any of the benefits,
workmen’s compensation or emoluments provided by the CCSNH 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 CCSNH. No
work required by this contract shall be subcontracted without the prior written consent of the
CCSNH.
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 CCSNH harmless from any liability arising
under RSA 382-A:2-312(3). (Uniform Commercial Code).
13. TOXIC SUBSTANCES. In compliance with RSA 277-A known as the Workers Right
to Know Act, the vendor shall provide Material Safety Data Sheets with the delivery of any
and 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.
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BID INVITATION FOR:
NEW DUMP TRUCK WITH PLOW
INSTRUCTIONS TO BIDDER:
Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (the unit price is the
price for the unit of purchase required by this bid invitation {i.e. each, case, box, etc.) and all other required information on
your offer. The extension is the unit price multiplied by the quantity required by this bid invitation. Also complete the “Bidder
Contact Information” section. Finally, complete the company information on the “General Conditions and Instructions” page of
this bid invitation, then sign the bid in the space provided on that page.
BID SUBMITAL:
All bids must be submitted on this form or an exact copy, must be typed or clearly printed in ink and must be received on or
before the date and time specified on page 1 of this bid. Interested parties may submit a bid to the Community College System
of NH, 26 College Dr, Concord NH 03301, Kathleen Emery, by email to kemery@ccsnh.edu or if needed, may fax to
(603)271-2725. All bids must be clearly marked with bid number, date due and purchasing agent’s name.
The Community College System of NH is not responsible for proposals not received due to equipment failure, mail delays, etc.
If you want to ensure your proposal was received please verify by calling Kathleen Emery at 603-230-3524.
GOVERNING TERMS AND CONDITIONS:
A responding bid that has been completed and signed by your representative will constitute your company’s acceptance of all
State of New Hampshire/CCSNH terms and conditions and will legally obligate your company to these terms and conditions.
A signed response further signifies that any terms and/or conditions that may be or have been submitted by the bidder 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.
PUBLIC DISCLOSURE:
Any information contained in the bid that a vendor considers confidential must be clearly designated. Marking of the entire bid
or entire section of the bid (e.g. pricing) as confidential will neither be accepted nor honored. Notwithstanding any provision
of this bid to the contrary, vendor pricing will be subject to public disclosure upon the effective date of all resulting contracts or
purchase orders.
Generally, each bid shall become public information upon the effective date of all resulting contracts or purchase orders;
however, to the extent consistent with applicable state and federal law and regulations, as determined by the State, including,
but not limited to, RSA Chapter 91-A (Right to Know Law), the State/CCSNH shall endeavor to maintain the confidentiality of
portions of the bid that is clearly and properly marked confidential. If a request is made to CCSNH to view portions of a bid
that a vendor has properly and clearly marked as confidential, CCSNH will notify vendor of the request and of the date that
CCSNH plans to release the records. By submitting a bid, vendors agree that unless the vendor obtains a court order, at its sole
expense, enjoining the release of the requested information, CCSNH may release the requested information on the date
specified in the CCSNH’s notice without liability to the vendors.
PURPOSE:
The purpose of this bid invitation is to establish contract in the form of a purchase order for supplying Community College
System of NH with the item(s) indicated in the “Offer” section of this bid invitation, in accordance with the requirements of
this bid invitation and any resulting order. This will be a one-time order with delivery required to the location indicated in the
F.O.B. section of this bid invitation.
VENDOR CERTIFICATIONS:
All bidders must be duly registered as a vendor authorized to conduct business in the State of New Hampshire.
The winning bidder must have a completed alternate W-9 on file with the Community College System of NH. If the
winning bidder does not have a completed alternate W-9 on file, they will be required to completely fill the alternate
W-9 and return to CCSNH before a purchase order will be issued.
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BID INQUIRIES:
Any questions must be submitted by an individual authorized to commit their organization to the Terms and Conditions of this
bid. Submissions must clearly identify the Bid Number, the Vendor’s name and address and the name of the person submitting
the question.
SPECIFICATION COMPLIANCE:
The manufacturer(s) and/or model(s) indicated are representative of the type and quality required. You may bid different
make(s) and model(s), however, your offer must be materially similar to the one(s) indicated. The Community College System
of NH shall be the sole determining factor of what is materially similar to the required item(s).
If there are any specifications indicated in this bid invitation, they will be considered the minimum requirements. Bidder's offer
must meet or exceed these minimum requirements. The Community College System of NH shall be the sole determining factor
of what meets or exceeds any specification.
Unless otherwise specified by the Community College System of NH in this bid invitation document, all equipment offered by
the bidder must be new; shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall
not have been placed anywhere for evaluation purposes.
CHANGES:
Any requested changes to this bid invitation by the bidder must be received in writing at the Community College System of
NH no later than 4:30 PM on the fifth Community College System of NH business day prior to the date of the bid opening.
ADDENDUM:
In the event it becomes necessary to add or revise any part of this bid prior to the schedules submittal date, CCSNH will post
on our website any addenda. Before your submission, always check the site for any addenda or other materials that may have
been issued affecting the bid. The website address is www.ccsnh.edu/open-bids
BID PRICES:
Bid prices must be in US dollars and must include delivery and all other costs required by this bid invitation. Bid prices should
result in prices that are no higher than those charged to the bidder’s best/preferred customer. Special charges, surcharges, or
fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges must be built into your
bid price at the time of the bid.
WARRANTY REQUIREMENTS:
Successful bidder shall be required to warranty all of the equipment awarded to him for a period of not less than the
manufacturer’s standard period of time, from the date the items are received, inspected and accepted by the Community
College System of New Hampshire. The warranty shall cover 100% of all parts, shipping, labor, travel, lodging
and expenses.
BID AWARD:
The award of the bid will be based upon the total net low bid from the listing of the items indicated in the "Offer" section of this bid
invitation. If an award is made it will be by individual line items, in the form of a Community College System of NH Purchase
Order.
If upon the award of any bid of multiple items (awarded by line item) it is determined that an order for any particular item would be
$500.00 or less, and said item would be the only item on a purchase order, the state reserves the right to award that item to a bidder
already receiving an award for multiple items.
BID RESULTS:
Bid results may be viewed when available, once the award has been made, on our web site only at: www.ccsnh.edu/closed-bids
For Vendors wishing to attend the bid opening: Only the names of the Vendors submitting responses will be made public.
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TERMINATION:
The Community College System of NH shall have the right to terminate the purchase contract at any time by giving the
successful bidder a thirty (30) day written notice.
F.O.B.:
The F.O.B. shall be destination to the following delivery point:
River Valley Community College
1 College Place
Claremont NH 03743
RETURNED GOODS:
The successful bidder must resolve all order and invoice discrepancies within five business days from notification. Products
returned due to quality issues, duplicate shipments, over-shipments, etc. must be picked up by the successful bidder within five
business days of notification with no restocking or freight charges, and must be replaced with specified products or the agency
will be refunded/credited for the full purchase price. Unauthorized substitutions for any products are not allowed.
Standard stock products ordered in error by the Community College System of NH must be returned for full credit within
fifteen days of receipt. Products must be in re-saleable condition (original container, unused) and there will be no restocking
fee charged for these products. The using campus will be responsible for any freight charges to return these items to the
successful bidder.
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