New Hampshire Administrative Code

(a) These rules implement RSA: 21-I by: (1) Setting forth requirements for vendors; (2) Setting forth purchasing requirements binding on state agencies within the scope of these rules; (3) Establishing requirements relative to state and federal surplus programs; (4) Establishing …

(a) Pursuant to RSA 21-I: 11, I (a) (2) (A) through (D), and subject to such exceptions as provided by law, competitive bidding shall be required before the making of any purchase for the state by the division. (b) The director of procurement and support services shall be respons…

Unless otherwise specified, all times expressed by the division of procurement and support services including but not limited to those specifications of time made in the requirements or specifications of a bid, in RFPs, in RFQs, in RFBs, or in any other purchasing requirement, sh…

(a) In accordance with RSA 21-I: 18, II, the commissioner of the department of administrative services or the commissioner's designee may waive the provisions of RSA 21-I or these rules relative to purchases when the executive head of any department or agency or the executive hea…

In addressing grants, contracts, and cooperative agreements with the federal government, the division shall adhere to such requirements as are imposed upon it by federal law relating to the programs which it handles, including those requirements that may be imposed by the United …

(a) Pursuant to RSA 21-I: 17-a, II, and subject to the provisions thereof, upon joint recommendation of the commissioner and the agency, the governor and executive council may authorize an agency to purchase supplies for the agency directly from vendors in such quantities and for…

In addition to the definitions in RSA 21-I: 11, II, the following definitions shall have the following meanings in this chapter: (a) "Activity code" means the number or letters and number assigned by the department of administrative services for the purpose of tracking in NH Firs…

(a) A vendor who has not otherwise been assigned a vendor code shall obtain a vendor code as specified in Adm 603.02. (b) The division shall not accept responses to RFPs, RFBs, RFQs, and requests for information from any vendor without a vendor code assigned in accordance with Ad…

To obtain a vendor code under this part, a vendor shall submit to the division a "Vendor Application", as amended 7-20-2023, or submit the same information required on the form electronically through the Online Vendor Registration portal https://apps.das.nh.gov/vendorregistration…

A vendor seeking to obtain a vendor code under Adm 603.02 shall, in addition to submitting the information described in Adm 603.02, file a fully executed "Request for Taxpayer Identification Number and Certification" form issued by the United States Department of the Treasury pur…

The division shall maintain a list of persons and associations who have been assigned vendor codes, which shall be used solely as a record-keeping device and shall not be deemed by the department to constitute a vendor's license or similar form of permission under RSA 541-A:1, VI…

(a) A vendor who has been issued a vendor code shall immediately submit to the division any updates, modifications, or corrections to the information submitted under Adm 603.02. (b) An individual or authorized representative of a vendor submitting an update, modification, or corr…

(a) In each RFP, RFQ, or RFB, the division shall specify in the requirements or specifications of the bid whether the request is for a written: (1) Price quotation; (2) Bid; or (3) Proposal. (b) All RFBs, RFPs, RFQs, and other processes by which acquisitions are made by or throug…

(a) Except to the extent otherwise provided in the requirements of the bid, bids, quotations, and proposals subject to these rules shall be submitted to the division in a hard copy or electronic writing and shall include all sheets, sides, or pages required by Adm 604.08 and Adm …

(a) A person, association, or agency may request changes to the requirements or specifications of a bid, quotation, or proposal by submitting the requested changes to the division in writing, in the time period specified in the bid, quotation, or proposal. (b) Requests for change…

A bid, quotation, or proposal shall not be qualified if: (a) The bid, quotation, or proposal is not filed by the date and time specified in the requirements or specifications of the bid, or, in the case of inclement weather, any extended period allowed under Adm 604.02 (d); (b) E…

A bid, quotation, or proposal submitted with the following nonconformities shall not be qualified unless the nonconformity is corrected and cured: (a) The bid, quotation, or proposal is made by an association and is not accompanied by a letter of authority, if a letter of authori…

(a) Following the submission of a bid, quotation, or proposal, the division shall review timely bids, quotations, or proposals received for conformity with these rules and the requirements and specifications of the bid. (b) Bids, quotations, or proposals that are not conforming b…

(a) Bids, quotations, or proposals submitted to the division shall bear an authorized signature on the document prescribed by the division for the particular purchase described at Adm 604.08 and Adm 604.09, or such other alternate document specified in the requirements of the bid…

Unless an alternate document is specified in the requirements of the bid, a bid shall be submitted according to Adm 604.09. A bidder shall submit in writing and shall include all sheets, sides, or pages of the bid invitation provided by the division which sets forth or incorporat…

(a) Unless another, alternative document is specified in the requirements of the bid, quotation, or proposals, a bidder shall submit in writing, including all sheets, sides, or pages of a bid, quotation, or proposal, a "State of New Hampshire Transmittal Letter", as amended 7-20-…

In the case of service contracts involving services to more than one agency that originated with a request for proposal: (a) The division shall recommend to the commissioner a vendor according to the procedures set forth in Adm 606; and (b) In the event that a bidder submitting a…

(a) Unless otherwise specified in the requirements of the bid, a vendor who wishes to make a claim that information submitted in connection with or in support of a bid, proposal, or quote is confidential and exempt from disclosure under RSA 91-A:5, shall: (1) Assert the claim at …

(a) Subject to (b) below, no other purchasing vendor shall be selected to provide commodities or services through the division if:(1) Any nonconformities specified in Adm 604.04 and 604.05 exist; or (2) If the purchase involves a requirement that the vendor agree to stated specif…

The provision of commodities or services by another purchasing vendor shall constitute acceptance of any requirements or specifications set forth in Adm 605.01(a)(2) above, the terms stated on any purchase order or other document used to procure the commodity or service, and the …

(a) If the submission of samples is required in connection with a purchase, or if a vendor provides items for demonstration purposes, the vendor shall: (1) Submit such items free of charge; and (2) Deliver, install, remove, and properly dispose of such items free of charge, at th…

(a) Following an initial determination of qualifications of an RFB, RFQ, or RFP, the division shall determine:(1) Whether the bid, proposal, or quotation is in conformity with the specifications and requirements of the bid and applicable rules; and (2) If federal funding is invol…

(a) If, following the selection or recommendation of a prospective vendor in response to an RFB, RFP, or RFQ, it does not appear that the price offered for the commodity or service is equal to or less than the current market price for the commodity or service, the division shall …

(a) The division of the department of administrative services that issued an RFB, RFP, or RFQ, or conducted a purchase by means of a process other than competitive bidding, or the commissioner, shall at any time in the process cancel any RFB, RFP, RFQ, or purchase conducted by me…

(a) No payment shall be made to a vendor that makes delivery in a manner contrary to these rules, contrary to the requirements or specifications of the bid, or contrary to the terms or conditions of the purchase order, the contract, or any other document establishing delivery ter…

If a vendor fails to furnish items in accordance with all requirements or specifications of the bid or other term or condition of purchase, including delivery terms, and if the purchasing agent is, as a result thereof, compelled to purchase similar items from another source with …

(a) The vendor shall submit a separate invoice for each order showing the contract number or purchase order number, unit, and extension prices, as well as all discounts allowed. (b) Payment shall not be due until 30 days after the invoice has been received at the agency business …

(a) If a bid, proposal, quotation, or any other offer to provide commodities or services to the state of New Hampshire contains a material mistake, or if withdrawal is allowed under the requirements or specifications of the bid or any other requirement established by the division…

(a) Goods provided or services undertaken by a vendor prior to the date specified for performance of any contract or purchase order shall be at the vendor's sole risk and, in the event that the contract or purchase order does not become effective, the state shall not reimburse th…

A vendor shall not assign or otherwise transfer any interest in any agreement or contract with the state without the prior written consent of the state, and no work required by any contract or agreement with the state shall be subcontracted without the prior written consent of th…

If an RFP, RFQ, RFB, or other form of purchasing request contains reference to more than one item, vendors shall be selected or recommended on the basis of the selection criteria as applied to the RFP, RFB, RFQ, or other purchasing request as a whole, rather than by applying thos…

(a) Pursuant to RSA 21-I:11-c, no individual or business entity shall make a bid, proposal, or quotation in response to a request for bid, proposal, or quotation issued by the division if that individual or entity, or any of its subsidiaries, affiliates, or principal officers are…

(a) Subject to (b) and (c) below an agency shall requisition commodities and services as specified in Adm 607.04 through Adm 607.06 below, as applicable. (b) In each requisition for commodities or services, an agency shall:(1) Include a description of the commodities or services …

(a) In cases in which an agency wishes to acquire a specific brand, make, or model of product, wishes to engage the services of a particular provider, or wishes to obtain a commodity made by a particular manufacturer for purchases valued at a total price of over $1,000 the agency…

(a) Pursuant to RSA 21-I:11, I(a)(2)(B), in cases in which an agency believes that any required commodity or service is procurable from only one source or seller, the agency shall, through NH First, together with a requisition, submit a sole source request that: (1) Identifies th…

(a) An agency requisitioning goods or services under a pre-existing state contract shall do so:(1) By submitting a requisition through NH First; or (2) Using such other means of requisition as may be authorized in the preexisting state contract, the notice of award of contract, o…

(a) An agency requisitioning goods that are not under a state contract and that are valued at over $1,000 or goods valued at a total cost of $1,000 or under for which no field purchase order or procurement card authorization has been given pursuant to RSA 21-I:17-a shall do so th…

(a) Pursuant to RSA 21-I:17-a, I, the director may, upon written request of an agency, authorize the agency to purchase commodities directly from vendors by the use of field purchase orders as described in (b) below, or by the use of procurement cards issued for that purpose, pro…

(a) If the head of an agency, or such agent or agents authorized by the agency to make a requisition, determines that an immediate purchase is necessary and not otherwise authorized under Adm 607.06, the agency shall contact the purchasing agent by way of e-mail or other writing,…

(a) The quantity of items or scope of services contained or incorporated in any purchase order, proposed contract, or requisition produced by the division shall not be altered by the agency without prior approval of the division. (b) An agency may request changes to the items spe…

(a) Repairs to motor vehicles for amounts equal to or less than the amount established by RSA 21-I:11, I(a)(3) may be accomplished by the agency without processing through the division. (b) A repair to a motor vehicle which exceeds the amount established by RSA 21-I:11, I(a)(3) s…

Prior to requesting a purchase through the division of public works design and construction: (a) For new construction, alterations to existing structures, or repairs to existing structures for work contracted to be in excess of the amount established in RSA 21-I:82, II, or when t…