Department
of Administrative Services
State
House Annex
CHAPTER
Adm 600 DIVISION OF
PROCUREMENT AND SUPPORT SERVICES RULES
REVISION
NOTE:
Document #13708, effective 7-29-23,
adopted, repealed, readopted, readopted with amendments, or readopted with
amendments and renumbered all of the rules in Chapter Adm 600 titled
“Procurement and Property Rules”. The former rule numbers are indicated in the
source notes. Document #13708 also
adopted Chapter Adm 800 titled “Agency Leases”, which was largely based on the
former Part Adm 610 titled “Agency Leases.”
Document #13708 replaces all prior filings for rules in the former
Chapter Adm 600.
Document
#13708 adopted the following new rules in Part Adm 604:
PART Adm 604 BIDDING REQUIREMENTS
Adm
604.05 Disqualifications—Nonconformities
Subject to Correction and Cure.
Adm 604.11 Claims of Confidentiality.
Document
#13708 repealed or deleted the following rules in the Parts indicated:
PART Adm 604 BIDDING REQUIREMENTS
Adm 604.09 Request for Quotation Form.
PART Adm 607 PURCHASING REQUIREMENTS FOR STATE AGENCIES
Adm 607.09 Requisitions for Used Items.
Adm 607.10 Purchases Involving Federal Funding.
Adm 607.11 Waivers of Purchasing Requirements to
Prevent Loss of Federal or
Other Funds.
PART
Adm 608 AGENCY REQUIREMENTS FOR PLANT
AND PROPERTY
MAINTENANCE
Adm
608.03 Service Contracts.
PART
Adm 609 DISPUTED MATTERS
(formerly PRE-ADJUDICATIVE
PROCEEDING PROCEDURES IN CASES INVOLVING THE DIVISION OF PROCUREMENT AND
SUPPORT SERVICES, BUREAU OF PURCHASE AND PROPERTY)
Adm
609.02 Informal Resolution.
PART
Adm 610 AGENCY LEASES (all sections)
The
prior filings affecting the repealed Adm 604.09 included the following
documents:
#8310,
eff 5-11-05
#9501,
eff 7-6-09
#10364,
eff 7-1-13
#10827,
eff 5-16-15
The
prior filings affecting the deleted Adm 607.09 and Adm 607.10 included the
following documents:
#8310,
eff 5-11-05
#9501,
eff 7-6-09
#10364,
eff 7-1-13
The prior filing affecting the
deleted Adm 607.11 included the following document:
#10364,
eff 7-1-13
The prior filings affecting the
repealed Adm 608.03 included the following documents:
#4985,
eff 11-19-90
#6355-A,
eff 11-20-96
#8193,
INTERIM, eff 11-12-04
#8310,
eff 5-11-05
#10364,
eff 7-1-13
#10827,
eff 5-16-15
The prior filings affecting the
deleted Adm 609.02 included the following documents:
#6355-A,
eff 11-20-96
#8193,
INTERIM, eff 11-12-04
#8310,
eff 5-11-05
#10364,
eff 7-1-13
#10827,
eff 5-16-15
The
prior filings
affecting one or more of the repealed rules in Part Adm 610 included the
following documents:
#6355-A,
eff 11-20-96
#8193,
INTERIM, eff 11-12-04
#8310,
eff 5-11-05
#9501,
eff 7-1-09
#10364,
eff 7-1-13
#10827,
eff 5-16-15
PART Adm 601 GENERAL PROVISIONS
Adm
601.01 Scope of Rules.
(a) Unless
otherwise specified, Adm 604 through Adm 609 shall
apply only to purchases made through the department of
administrative services’ division of procurement and support services, or by
the department’s division of procurement and support services, or
to the other activities conducted by or handled through the
division which are the subject of these rules.
(b) Adm
603 shall apply to a vendor, as described in Adm 602.
(c) Except
as otherwise provided, Adm 604 through Adm 609 of
these rules shall not impose obligations or duties upon any agency or purchase
which is exempt from the provisions of RSA 21-I under RSA 21-I:18 or any other
authority.
(d) Except
as otherwise provided, Adm 604 through Adm 607 of these rules shall
not themselves apply to service
contracts relating solely to a single agency.
(e) Adm
606.03 shall apply to any RFB, RFP, or RFQ
issued, or purchase conducted, by any of the divisions of the department of
administrative services.
(f) Adm
608.02 shall apply to agencies seeking new construction, alterations to
existing structures, or repairs to existing structures.
(g)
Adm 611 shall apply to state agencies as described in Adm 611.07 and to
other entities that may, under that part, submit property for redistribution or
disposal through state surplus management.
(h) Adm 612, relating to the
federal surplus food distribution program, and Adm 613, relating to the federal
surplus property program shall apply as set forth in those parts.
(i) All requests for bids,
requests for proposals, requests for quotations, and other processes by which
acquisitions are made by or through any of the divisions noted in RSA 21-I: 11,
I are subject to cancellation by the state at any time and these rules shall
not be construed to impose any obligation on the part of the state to continue
an RFB, RFP, RFQ, or other purchasing process once initiated, or to impose an
obligation on the part of the state to enter into a particular contract or
purchase.
(j) The requirements of Adm 604, 605, and 606 shall apply to all requests for bids,
requests for proposals, and requests for quotations unless otherwise specified in the specifications or
requirements of a particular request for bid, request for proposal, or request
for quotation.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by # 8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 601.02 Purpose
of Rules.
(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
plant and property maintenance requirements; and
(5) Addressing
the other functions described in this chapter, including the processes for
obtaining vendor codes and the
resolution of purchasing disputes within the division’s bureau of purchase and
property.
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 601.03 Competitive Bidding.
(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 responsible for requiring competitive
bidding before making purchases except as otherwise provided by RSA 21-I: 11, I
(a) (2) (A) through (D).
(c) Pursuant
to RSA 21-I: 11, I (a) (3), except where competitive bidding has been employed,
no purchase involving an expenditure of more than $10,000 or purchase in an
approved class may be made by the director of procurement and support services
without the written approval of the commissioner.
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
601.04 Time. 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, shall be the time in Concord, New Hampshire.
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
601.05 Waiver of Purchasing Requirements to Prevent Loss of Funds.
(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 head’s designee submits a request,
including an explanation justifying the request and the information identified
below, to prevent the loss of any federal or other funds subject to recapture:
(1) The
name, address, and telephone number of the agency making the request;
(2) The
date of the request;
(3) A
description of the circumstances giving rise to the request;
(4) A
description of the consequences that are likely to ensue if the request for
waiver is not granted; and
(5) The
signature of the executive head of the department or agency making the request
or the department head or agency’s authorized designee.
(b) A
waiver to prevent loss of funds shall be completed by the division based on the
written request described in (a) above, which the division shall forward to the
commissioner of administrative services.
(c) In
addition to the written request under (a) above, the agency making the request
shall submit to the division a completed requisition.
(d) Pursuant
to RSA 21-I: 18, II, the commissioner of administrative services shall act upon
waiver requests in a timely manner and approval shall not be unreasonably
withheld.
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
601.06 Standards to Assure Continuation or Granting of Federal
Funds or Other Assistance. 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 States Office of Management and Budget of the Executive Office of
the President in revised Circular A-102, found at 59 FR 52224 and 62 FR 45934,
Executive Order 12549, found at 51 FR 6370, and 48 CFR Chapter I, Subpart 9.4
regarding “Debarment, Suspension, and Ineligibility.”
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
601.07 Other Exceptions and Waivers.
(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 such sums as the governor and executive
council shall prescribe.
(b) The
commissioner shall waive any provision of Adm 601 if the commissioner
concludes that a waiver is necessary:
(1) To
comply with the law relative to the topics set forth herein; or
(2) To
achieve the purposes of RSA 21-I.
Source. # 8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
PART Adm
602 DEFINITIONS
Adm
602.01 Definitions. 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 First, which identifies the
subdivision of an agency that is making a request.
(b) “Agency”
means “agency” as defined in RSA 21-I: 11, II (b), to the extent not exempt or
excluded from making purchases or other acquisitions through the division.
(c)
“Agency code” means the number or letters and number assigned by the department
of administrative services to identify particular state agencies for the
purposes of tracking in NH First.
(d) “Apparent
low bidder” means the vendor that has been identified by the division as
having, subject to final review, apparently submitted the lowest qualified bid
on an RFB or RFQ, or as having, subject to final review and scoring, apparently
submitted the RFP most likely to be accepted.
(e) “Appropriation
code” means the number or letters and number assigned by the department of
administrative services to a particular transaction for the purposes of
tracking in NH First that
consists of the company, accounting unit, account, and any sub account entry
within that system.
(f) “Association”
means a corporation, partnership, limited partnership, trust, joint venture,
unincorporated association, or other organization or legal entity of any type.
(g) “Authorized
signature” means the signature of a person who may, by operation of law, bind a
vendor to a contract.
(h) “Bidder”
means a vendor that submits a
timely response to a request for a bid, a request for quotation, or a request
for proposal.
(i) “Bidding”
means a competitive process in which a person or association responds to an
RFB, RFP, RFQ, or other competitive solicitation by which the state seeks
commodities or services.
(j) “Certified
test result” means the result of a test certified as accurate by an independent
authority specified by the division.
(k) “Close
of business” means 4:30 P.M.
(l) “Commodities”
means materials, supplies, equipment, or other tangible items.
(m) “Commodity
code” means the number or letters and number assigned to particular
descriptions of commodities or services for the purposes of financial tracking in NH First.
(n) “Contact
person” means an individual at an agency who has been designated to answer
questions from the division or vendor about a requisition and to serve as
the agency’s main contact regarding a requisition or other matter covered by
these rules.
(o) “Current
price” means a conclusion as to price determined by an assessment of the price
historically charged for a service or commodity, the price determined by the
division to currently be charged by sellers of that service or commodity, and
any other factors having a bearing upon the value of the service or commodity.
(p) “Day”
means a calendar day, unless otherwise specified.
(q) “DBA
name” means a name under which a vendor
does business.
(r) “Director”
means, unless otherwise specified, the director of the division of
procurement and support services.
(s) “Division”
means, unless otherwise specified, the division of procurement and support
services.
(t) “Extension
price” means the unit price multiplied by the total number of units offered,
requested, or bid upon.
(u) “Field
purchase order” means an authorization under RSA 21-I: 17-a, I from the
director of procurement and support services to a governing board of any
agency, which authorizes one or more individuals designated by the board to
purchase supplies for the agency directly from vendors, provided that the total
expenditure does not exceed $1,000.
(v) “Free
on board (FOB)” means a method of shipment whereby the seller agrees to assume
all costs and expenses associated with delivery to the specified delivery
location, including, but not limited to, the cost of any transportation and
insurance, without charging the same to the buyer.
(w) “Forfeited
property” means any property, personal or real, lawfully seized by the state,
including but not limited to seizures pursuant to RSA 595-A: 6.
(x) “Fund
code” means the number assigned by the department of administrative services to
identify the source of funds for the purposes of tracking in NH First. The term
includes designated company entry.
(y) “Letter of authority”
means a written document, or a copy thereof, signed by the clerk, secretary, or
other authorized representative of an association indicating that, as of the
time of the bid, proposal, or other offer, a specific, identified
individual is authorized by the association to contractually bind
the association and to submit bids, proposals, or other offers to the state.
(z) “Material mistake” means
an unintentional error that is determined by the division to be essential to
the terms of a bid or other offer, without which mistake the bid or other offer
would not have been made by the vendor.
(aa) “NH First” means the statewide electronic
integrated financial and enterprise planning system used by the state to track
funds for the purposes of procurement, budgeting, financial accounting,
financial reporting, and financial management.
(ab ) “Notice of contract”
means a statement by the division announcing the specifics of a contract that
has been awarded for commodities or services.
(ac) “Organization
code” means the number or letters and number assigned by the department of
administrative services to identify a department, bureau, or other group within
an agency for the purposes of tracking in NH First, together with the number, or letter and
number, if any, which further identifies a specific unit within a department,
bureau, or other group within the accounting unit of that system.
(ad) “Other purchasing
vendor” means a vendor that is selected or recommended by the
division to provide commodities or services to the state of New
Hampshire by a method other than competitive bidding under an RFP or RFB,
and by a method other than an RFQ. The term includes sole source vendors selected or recommended by
the division but does not include vendors used by agencies pursuant
to a field purchase order or procurement card.
(ae) “Pre-existing state
contract” means an agreement with a vendor to provide, upon request by an
agency, commodities or services on the basis of terms, conditions, and
requirements established by the division.
(af) “Prepay and add” means
a method of delivery and payment in which ownership of the item is not
transferred until delivery to a specified site and where shipping
costs are to be paid for by the vendor, with the cost of shipping then
added to the vendor’s invoice for payment by an agency.
(ag) “Preprinted” means
stated on an electronic or hard-copy document prepared and made available by
the division.
(ah) “Purchasing agent”
means a person within the division whose responsibility it is to engage in the
procurement of commodities and services for the state of New Hampshire.
(ai) “Request for bid (RFB)”
means an invitation identified by the state as an RFB wherein vendors are invited to submit an offer
to provide specified commodities or services to the state at a price proposed
by the bidder.
(aj) “Request for proposal
(RFP)” means an invitation identified by the state as an RFP in which the
criteria for selection, or recommendation for selection, are stated
in conformity with RSA 21-I: 22-b wherein vendors are invited to submit an offer to provide commodities or
services to the state in circumstances where the particulars of the commodity
or service, as well as the price, are evaluated by the division.
(ak) “Request for quotation
(RFQ)” means an invitation identified by the state as an RFQ wherein vendors are invited to provide specified commodities or services to the
state at a price proposed by the bidder.
(al) “Requirements of a bid”
means any term or condition of any request for bid, quotation or proposal,
proposed agreement or contract, or procedural requirement, other than the
specifications of a bid, relating to a particular purchase, bid, quotation,
or proposal, specified by the state, including:
(1) The
general conditions and instructions relating to a bid, quotation, proposal, purchase,
agreement, or proposed bid, contract, purchase, or agreement;
(2) If
the proposed agreement, or contract involves services, the
general terms and conditions for services sought by the state;
(3) The
general terms and conditions applicable to bidding, to the submission of
proposals or to the provision of commodities or services;
(4) The
terms of payment, terms of delivery, or time of performance relating to
any purchase or proposed purchase by the state; and
(5) Any
provision other than the specifications of the bid relating to a request for
bid, quotation, proposal, or to the provision of commodities or services to the
state.
(am) “Requisition means a
request made by an agency when seeking the procurement of commodities or
services through NH First.
(an) “Revenue account code”
means a specified numeric code, or letter and number code, assigned by the
department of administrative services, for the purpose of tracking revenue
received through NH First.
(ap) “Safety data sheet (SDS)” means a
writing approved by the United States Department of Health, occupational safety
and health association that sets forth health and safety issues relative
to a particular commodity.
(aq) “Services” means
“services” as defined in RSA 21-I: 11, II (f).
(ar) “Signature”
means, unless otherwise specified, a handwritten signature or an electronic
signature as defined in RSA 294-E: 2, VIII.
(as) “Sole source provider”
means a provider of commodities or services to the state pursuant to RSA 21-I:
11, I (a) (2) (B).
(at) “Specifications of a
bid” means a statement set forth in an RFQ, an RFP, an RFB, or in any other
way, that identifies or describes the details or particulars of a commodity or
service that the state wishes to procure.
(au) “Split delivery” means
delivery of goods by a vendor in more than one shipment.
(av) “Third-party
certificate of product compliance” means a certification by an independent
authority specified by the division stating that the product meets or exceeds
product specifications identified in the requirements or specifications of the
bid.
(aw) “Unit price” means the
price at which a person or association offers to provide a single item or
service to the state.
(ax) “Vendor” means
an individual or other entity offering commodities or services for
sale and seeking to provide such
commodities or services to the state of New Hampshire.
(ay) “Vendor code” means a unique identifier assigned to
a particular vendor.
(az) “Written” means, unless
otherwise specified, printed by hand or provided by any other method of
representing words and letters, including
by way of NH First and other electronic means.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827,
eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading
for Adm 600)
PART Adm 603 VENDOR
CODE REQUIREMENTS
Adm
603.01 Code For Vendors.
(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 Adm 603.02.
(c) Every
applicant for a vendor code that submits the information required by Adm 603.02 and 603.03 below
shall be assigned a vendor code.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
603.02 Registration Procedure for Bidders, Other
Purchasing Vendors, or Prospective Bidders or Other Purchasing Vendors Seeking
to Obtain a Vendor Code. 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/.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #7103, eff 9-23-99; ss by #8310, eff 5-11-05; ss by #10364, eff
7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm
600)
Adm
603.03 Submission of W-9 Form. 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
pursuant to 26 USC 6109, commonly known as a W-9 form.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
603.04 Vendor Code List. 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, VIII.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
Adm
603.05 Updating of Information by Applicants for a Vendor Code.
(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 correction under (a) above shall certify the
submission.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
PART Adm
604 BIDDING REQUIREMENTS
Adm
604.01 Requests for
Bids, Quotations and Proposals Generally.
(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
through the divisions noted in RSA 21-I: 11, I are subject to cancellation by
the state at any time and these rules shall not be construed by any bidder to
impose any obligation on the part of the state to continue an RFB, RFP, RFQ,
or other purchasing process once initiated, or to impose an obligation on the
part of the state to enter into a particular contract or purchase.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
604.02 Procedural Requirements for Bids, Quotations, and
Proposals.
(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 604.09,
together with all information required to be provided
by the bidder, or such other alternate form specified in the requirements of
the bid, together with all sheets, sides, or pages of any addenda
or attachments thereto which contain information required to be provided by the bidder.
(b) A
bidder’s submission of a bid or
signature on the documents specified in
(a) above, or such other alternative document specified in the requirements of
the bid, shall constitute an acceptance of all of the terms of the requirements
and specifications of the bid, including but not limited to the contract terms
and conditions, general conditions for bidding, general conditions and
instructions, and general terms and conditions for services, if any, specified
on, or made part of, the bid, including those terms that are to apply if
the bidder is selected to provide commodities or services to the state.
(c) The
contents of the documents described in Adm 604.08 and Adm 604.09,
or such other alternative document specified in the requirements of the bid, or
the contents of the terms, conditions or other requirements or specifications
of the bid, quotation, or proposal, including those relating to quantity and
delivery, shall not be altered, modified, deleted, or excepted to by a bidder
except as specified in Adm
604.03, and provided that alterations, modifications, deletions, or exceptions
may be withdrawn to the extent allowed under Adm 604.03 (d) and Adm 606.01 (i).
(d) Bids,
quotations, and proposals shall be submitted to the division on or before the
date and time specified by the division for the submission of bids or proposals
or for the receipt of quotations, except that if state offices are closed
because of inclement weather, unforeseen circumstances, or any other reason,
bids, quotations and proposals due on that date shall be accepted by the close
of business on the next business day.
(e) Bids,
quotations, and proposals shall be submitted in conformity with all
requirements of the bid, including any provisions relating to the sealing of
bids, quotations, or proposals, and in conformity with the
specifications of the bid and all applicable rules.
(f) Bids, quotations, and proposals may be
submitted by electronic submission, facsimile, email, or other form of delivery if such submittal is authorized in the requirements or specifications of
the particular bid, bids, quotations, or proposals, subject to all requirements applicable to submittals. All submissions shall:
(1) In
order to be timely, be submitted, and actually received, on or before the date
and time set for the receipt of bids, quotations, or proposals;
(2) Be
in accordance with the requirements of the bid, the specifications of the bid,
and the provisions of these rules; and
(3) Be
legible.
(g) For
the purposes of (f) above, the time of receipt shall be the time that the full
transmission is received by the division.
(h) For
the purposes of (f) and (g) above, if the time of receipt as recorded by the
sender’s facsimile or electronic transmission equipment differs from the time
of receipt of the facsimile or electronic transmission as recorded by the
division’s equipment, the time recorded by the division’s equipment shall
control.
(i) Except
as otherwise provided herein, facsimile and other electronic transmissions
shall be subject to the same provisions of these rules, including those
relating to correction and cure, as would apply to hard-copy submissions.
(j) Bidders
shall be responsible for submitting any bid, quotation, or proposal that is in
the form of a facsimile or other electronic transmission in a manner that is,
and at such a time that the division’s receipt of the submission is,
in accordance with these rules.
(k) Bids,
quotations, and proposals shall be accompanied by a letter of authority, if
such letter of authority is requested in the requirements or specifications of
the bid.
(l) If
a request for bid, a request for quotation, or a request for proposal requires
the submission of samples, or if the bidder provides items for demonstration
purposes, the bidder shall submit such items free of charge and shall deliver,
install, remove, and properly dispose of, any such items free of charge at
the date and time specified in the requirements or specifications of the bid or
otherwise.
(m) Sample
and demonstration units provided under (l) above shall not be offered to the
state as a new commodity and the state shall not return samples or items left
for demonstration purposes that have not been removed by the bidder.
(n) The
monetary amount of bids or proposals shall not include any state or federal
tax from which the state is exempted by law.
(o) Bids,
quotations, and proposals shall not be transferable.
(p) Bids,
quotations, and proposals shall be signed in accordance with Adm 604.07 below.
(q) All
monetary amounts expressed in bids, quotations, proposals, or other offers to
sell commodities or services to the state shall be expressed in United
States dollars and all monetary transactions with the state shall be
conducted in United States dollars.
(r) Bids,
quotations, or proposals shall be signed by a person authorized to bind the
bidder to the terms of the bid, quotation, or proposal.
(s) Bids,
quotations, or proposals shall be legible.
(t) Bids,
quotations, or proposals shall be written in English.
(u) If
requested in the invitation for bid, quotation, or proposal, the bidder shall
supply the bureau of the division that issued the
invitation for bid, quotation, or proposal, or designee, as specified in the requirements or specification of
the bid, with certified test
results, third-party certificates of product compliance, or the results of
independent laboratory testing to confirm compliance with any specifications of
a bid, quotation, or proposal, the costs of which shall be the responsibility
of the bidder.
(v) After
submission of a bid, quotation, or proposal, a bidder shall make no change
to price or other matter that a bidder is required to specify in response to a
particular RFB, RFP, or RFQ, except to the extent allowed in the context of
final offer negotiations under Adm 606.02.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
Adm
604.03 Requests for Changes to Bids, Quotations, and Proposals.
(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 changes to the requirements or specifications of an RFB or RFP shall be
granted if:
(1) Such
proposed changes are made in writing;
(2) Such
proposed changes are received by the division no less than 5 business days
before the date scheduled for the submission of the proposals or bids, unless
otherwise specified by the division; and
(3)
The division concludes:
a. That
the change would not affect the original scope or purpose of the requirements
or specifications of the RFB or RFP;
b. That
the change would not conflict with any applicable law, regulation, or
rule other than the rule stating that a bidder must submit bids in accordance
with the particular requirement or specification sought to be altered;
c. That
the change would enable the state to meet its business needs in a more timely,
efficient, or cost-effective manner or in a manner that is otherwise more
advantageous to the state than would the original requirements;
d. If
the change relates to the contract terms and conditions, general conditions for
bidding, general conditions and instructions, general terms and conditions for
services, or any legal term or condition appearing on a document provided by the
division:
1. That
it has been submitted by the division to, and has been reviewed by the New
Hampshire department of justice; and
2. That
it is desirable in view of the foregoing factors and any review conducted by
the New Hampshire department of justice; and
e. If the change
relates to the specifications of a bid, that one or more of the agencies that
are to receive the commodity or service concurs with the change
after consultation with the division.
(c) Requests
for changes to a request for quotation shall be granted only if such proposed
changes:
(1) Are
specifically allowed, and to the extent and at such time as specifically
allowed, in the requirements or specifications of the particular bid; and
(2) Meet
the criteria of (b) (3) above.
(d) If
a bidder has altered, modified, deleted, or taken exception to the preprinted
contents of a document utilized to submit the bid, quotation, or proposal, or
to any of the requirements or specifications of a bid, quotation, or proposal
without utilizing the procedures of (b) or (c) above, the bidder may, in
writing, withdraw the alteration, deletion, modification, or exception in full:
(1) In
the case of an RFP or RFB, within 5 business days of the opening of bids or
proposals, or, after that time, within 3 business days of notification of the
nonconformity by the division; or
(2) In
the case of an RFQ, immediately upon notice of the nonconformity by the
division.
(e) Nothing in this section shall be
construed to imply an ability on the part of the bidder to withdraw a bid,
quotation, or proposal after the date and time for submission of bids,
quotations, or proposals, except as
specified in Adm 606.07.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
(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) Except
to the extent changes have been allowed pursuant to Adm 604.03, the bid,
quotation, or proposal is not submitted in a writing including all
sheets, sides, or pages of the form described in Adm 604.08 and Adm 604.09, as specified by the division, which contain information
provided by the bidder, or such other, alternate form specified in the
requirements of the bid, together with all sheets, sides, or pages of
any addenda or attachments thereto which contain information provided by
the bidder;
(c) The vendor, or any of
its subsidiaries, affiliates, or principal officers, has, within
the 2 years prior to the bid, quotation, or proposal, 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
annulled and the purchasing agent handling the acquisition has been
actually notified or possesses actual knowledge of this fact prior to the
completion of the contract or purchase;
(d) The
vendor, or any of its
subsidiaries, affiliates, or principal officers, provided false,
deceptive, or fraudulent information on a vendor code application
form described in Adm 603.02, or on any other document at any time submitted to
the state of New Hampshire, which information has not, as of the time of the
filing of the bid, quotation, or proposal, been corrected and the
purchasing agent handling the acquisition has been actually notified or
possesses actual knowledge of this fact prior to the completion of the contract
or purchase;
(e) If the bid, quotation, or proposal
involves federal funds, the vendor
does not meet any requirement or criteria imposed by the federal government
relative to those funds and the purchasing agent handling the acquisition has
been actually notified or possesses actual knowledge of this fact prior to the
completion of the contract or purchase;
(f) The vendor, or any of its
subsidiaries, affiliates, or principal officers is at the time of
the filing of the bid, quotation, or proposal, subject to any order of the New
Hampshire department of labor, the New Hampshire 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 that
the department, agency, board, or commission is charged with implementing and
the purchasing agent handling the acquisition has been actually notified or
possesses actual knowledge of this fact prior to the completion of the contract
or purchase;
(g) The vendor, or any of its subsidiaries, affiliates, or principal
officers is at the time of the filing of the bid, quotation, or
proposal, subject to any sanction or penalty finally issued by the New
Hampshire department of labor, the New Hampshire department of employment
security, or any other state department, agency, board, or commission, which
sanction or penalty has not been fully discharged or fulfilled and the
purchasing agent handling the acquisition has been actually notified or
possesses actual knowledge of this fact prior to the completion of the contract
or purchase;
(h) The vendor includes in the
bid, quotation, or proposal the amount of any state or federal tax from
which the state is exempt under federal or state law;
(i) Monetary figures contained in the
bid, proposal, or quotation are not expressed in United
States dollars;
(j) The bid, quotation, or proposal purports
to be transferable;
(k) The person or association
submitting a bid, quotation, or proposal is not the person or
association that will be providing commodities or services to the state under
the bid, quotation, or proposal;
(l) The vendor submitting a
bid, quotation, or proposal is not the vendor
that will be held responsible
for complying with the terms and conditions of any contract entered into with
the state;
(m) The bid, quotation, or proposal is not
legible;
(n) The bid, quotation, or proposal is
not written in English;
(o) Unless otherwise specified by the
requirements or specifications of the bid, or unless otherwise agreed to by the
division, the general conditions for bidding, the terms and conditions of any
contract or proposed contract, the content of the applicable form described
at Adm 604.08 and Adm 604.09, or such alternate form specified
in the requirements of the bid, or the terms, conditions or any other
requirement or specification of the bid, quotation, or proposal, including
those relating to quantity and delivery, is changed by the bidder except by
utilizing the procedures set forth at Adm 604.03, and provided that
alterations, modifications, deletions, or exceptions may be withdrawn to the
extent allowed under 604.03 (d) and 606.01 (k);
(p) Sample or demonstration units
are offered by the bidder to the state as new commodities;
(q) Contrary to Adm 604.02 (v), the bidder
makes a change to price or other matter that the bidder is required to specify
in a bid, quotation, or proposal;
(r) The vendor, or any of its subsidiaries,
affiliates, or principal officers, is, at the time of the filing of the bid,
quotation, or proposal, prohibited, either permanently or temporarily, from
participating in any public works project pursuant to RSA 638:20, and the
purchasing agent handling the acquisition has been actually notified or
possesses actual knowledge of this fact prior to the completion of the contract
or purchase;
(s) The vendor, or any of its subsidiaries, affiliates, or principal
officers is at the time of the filing of the bid, quotation, or proposal,
debarred from performing work on any project of any state other than the state
of New Hampshire, and the purchasing agent handling the acquisition has been
actually notified or possesses actual knowledge of this fact prior to the
completion of the contract or purchase, or the vendor, or any of
its subsidiaries, affiliates, or principal officers is, at the time of the
filing of the bid, quotation, or proposal, debarred from performing work on any
project of the federal government or the state of New Hampshire;
(t) The vendor or any of its subsidiaries,
affiliates, or principal officers has, within the 2 years prior to the filing
of the bid, quotation, or proposal, failed to cure a default on any contract
with the federal government or the government of any state, and the purchasing
agent handling the acquisition has been actually notified or possesses actual
knowledge of this fact prior to the completion of the contract or purchase;
(u) The vendor, or any of its subsidiaries,
affiliates, or principal officers is, at the time of the filing of the bid,
quotation, or proposal, serving a sentence or subject to a continuing or
unfulfilled penalty for any crime or violation noted in RSA
21-I:11-c, and the purchasing agent handling the acquisition has been actually
notified or possesses actual knowledge of this fact prior to the completion of
the contract or purchase;
(v) The bidder has, as of
the time of the filing of the bid, quotation, or proposal, failed
or neglected to advise the division of any conviction, plea of guilty, or
finding relative to any crime or violation noted in RSA 21-I:11-c, or of any
debarment, within 30 days of such conviction, plea, finding or debarment, if
the bidder possessed a vendor code number at the time of such conviction, plea,
finding, or debarment, and the purchasing agent handling the
acquisition has been actually notified or possesses actual knowledge of this
fact prior to the completion of the contract or purchase;
(w) The vendor, or any of
its subsidiaries, affiliates, or principal officers has been placed on the
debarred parties list specified in RSA 21-I:11-c, II within the past year;
(x) The bidder’s submission described in Adm 604.08
(d) below is false, and the purchasing agent handling the acquisition
has been actually notified or possesses actual knowledge of this fact prior to
the completion of the contract or purchase; or
(y) The bidder fails to
submit a sealed bid if, and as, sealed bids are specified.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 604.05 Disqualification
– Nonconformities Subject to Correction and Cure. 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
authority is requested in the requirements or specifications of the bid;
(b) The bid, quotation, or proposal is made to
the state by a person other than an individual identified in a letter of
authority, if a letter of authority is requested in the requirements or
specifications of the bid;
(c) The quotation, bid or proposal is not
signed in accordance with Adm 604.07;
(d) The vendor is not, if required by
law, registered with the New Hampshire secretary of state and the purchasing
agent handling the acquisition has been actually notified or possesses actual
knowledge of this fact prior to the completion of the contract or purchase;
(e) The vendor is not, if registered with
the New Hampshire secretary of state, in good standing with the office of the
secretary of state and the purchasing agent handling the acquisition has been
actually notified or possesses actual knowledge of this fact prior to the
completion of the contract or purchase;
(f) If the request for bid, quotation, or
proposal requires the submission of samples, or if demonstration units are
provided, the person or association fails to submit items free of charge or
fails to deliver, install, remove, and properly dispose of any items
free of charge;
(g) The person signing the bid,
quotation, or proposal is not authorized to bind the bidder to the bid,
quotation, or proposal;
(h) Any items appearing to be a
correction to a price offered in a particular bid, quotation, or proposal are
not, before filing, initialed by an authorized representative of the
bidder;
(i) If requested in the invitation for
bid or proposal, the bidder does not supply the bureau of
the division which issued the invitation for bid, quotation, or
proposal, with certified test results, third-party certificates of product
compliance, or the results of independent laboratory testing, or declines to
pay the cost of such tests or certificates;
(j) The
bidder does not abide by, or agree to abide by, these rules or any of the
requirements or specifications of the bid;
(k) The bidder does not possess a vendor
code;
(l) The
bidder fails to submit the statement required by RSA 21-I:11-c, I(b), described in Adm
604.08 (d) below; or
(m) The bidder’s submission is signed by
a person who is not authorized by the bidder to do so, and the
purchasing agent handling the acquisition has been actually notified or
possesses actual knowledge of this fact prior to the completion of the contract
or purchase.
Source. #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
Adm
604.06 Review
of Bids, Quotations, and Proposals, Including Correction and Cure.
(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 because they have not been
timely filed will not be considered by the division.
(c) In
the case of an RFB, the division shall, in writing, notify apparent low bidders
submitting timely bids that, on
initial review, do not appear to conform to these rules and the requirements of
the bid of:
(1) Nonconformities subject to correction and cure as specified in Adm 604.05;
(2) What, if any, additional or corrected information
may be submitted to bring the bid into conformity; and
(3) The deadline by which such information must be
received.
(d) In
the case of an RFP, the division shall, in writing, notify vendors submitting timely proposals that, on initial review, do not appear to conform to these rules
and the requirements of the bid of:
(1) Nonconformities that are subject to correction and cure as specified in Adm
604.05;
(2) What, if any, additional or corrected
information may be submitted to bring the proposal into conformity; and
(3) The deadline by which such information must be
received.
(e) If,
by the deadline established under (c) or (d) above:
(1) The
vendor notified submits
materials or corrections that bring a bid or proposal into conformity with
these rules and the requirements of the bid as specified, the division shall
process the bid or proposal as if the bid or proposal had originally been in
conformity therewith; or
(2) The vendor notified does not submit
materials or corrections as specified that bring the bid or proposal into
conformity with these rules and the requirements of the bid the division shall finally
disqualify the bid or proposal and process the matter as if the bid or proposal
had not been submitted.
(f) RFQs
shall be handled in the manner set forth in (c) and (e) above, except that:
(1) Notification
under (c) above shall be either oral or in writing; and
(2) Any
submission to bring the quotation into conformity with these rules and the
requirements of the bid shall be submitted immediately upon request.
(g) The
division shall not consider any bid or proposal which is not in conformity with
these rules and the requirements of the bid after the time specified in the
notification under (c) or (d) above, nor shall it consider any quotation which
is not brought into conformity immediately upon request.
(h) Bids,
quotations, or proposals that are not in conformity with these rules or the
requirements of the bid due to the absence of a required signature shall be corrected and cured as specified by Adm
604.07 below.
(i) Initial
review of the conformity of bids, quotations, and proposals to the requirements
and specifications of the bid and to these rules, and disqualification, shall,
if not completed earlier, take place during the selection process
described in Adm 606.01.
(j) Following the date and time established for
the submission of bids, quotations, or proposals, a bidder shall not alter the
material submitted except to the extent that:
(1) The
bidder has been notified by the division of, and is responding to, the
existence of a defect that is subject to cure;
(2) The
change consists of the withdrawal of an alteration, modification, deletion, or
exception allowed under Adm 604.03 (d) and Adm 606.01(i); or
(3) The
change is the result of final offer negotiations under Adm 606.02.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (formerly Adm
605.05) (see Revision Note at chapter heading for Adm 600)
Adm
604.07 Signing of Bids,
Quotations, and Proposals.
(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, as well as on any
other document on which the requirements of the bid specify that a signature is
required.
(b) In
the case of a bid, quotation, or proposal received by the division without the
signatures required by (a) above, unless the process is canceled by the state,
the division shall notify the bidder of the failure to sign and of the time by
which signed materials must be received.
(c) Unless
another date is specified by the division in order to address issues of timing
associated with the bid or proposal, a bidder who has failed to sign a bid
or proposal in accordance with (a) above may file a signed version of the
applicable document described at Adm 604.08 and Adm 604.09,
or any other document on which a signature might be required, within 3 business
days of the day that notice is issued under (b) above.
(d) The
division shall not consider any bid, quotation, or proposal which remains
unsigned after the time specified in the notice under (b) above.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (formerly Adm
604.06) (see Revision Note at chapter heading for Adm 600)
Adm
604.08 Bid Invitation(s).
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 incorporates the applicable
general terms, conditions, and provisions.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (formerly Adm 604.07)
(see Revision Note at chapter heading for Adm 600)
Adm
604.09
State of New Hampshire -Transmittal Letter.
(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 7-20-2023, provided by the division which sets forth or incorporates
the applicable general terms, conditions, and provisions.
(b) If
a bidder submitting the letter described above is recommended by the division
to provide services, the bidder shall execute the standard contract terms
specified in Adm 604.10 below.
(c) In
addition to the foregoing, pursuant to RSA 21-I:11-c, a bidder shall, as
part of a bidder’s bid submission, submit a statement signed under penalty
of unsworn falsification.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 604.09); amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(formerly Adm 604.08) (see Revision Note at chapter heading for Adm 600)
Adm
604.10 Agreements Relative to Multi-Agency
Services Originating with Requests for Proposals. 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 service contract proposal under Adm 604.09
is selected to provide services, the bidder shall execute such
standard contract terms as
designated by the department of
justice.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 604.11); ss by #13708, eff 7-29-23 (formerly Adm
604.09) (see Revision Note at chapter heading for Adm 600)
Adm 604.11 Claims of Confidentiality.
(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 the time the bid,
proposal, or quote is initially submitted by stamping or otherwise marking each
page, or portion thereof, asserted to contain confidential information with the
notation “confidential”;
(2) Provide a separate copy of the full and
complete document, in which the portions identified as confidential pursuant to
(a)(1), above shall be:
a.
Fully redacted by blacking them out or otherwise making them permanently
unreadable; and
b.
Stamped or otherwise marked with the notation “confidential”; and
(3) Provide a separate letter stating the legal
authority for each claim of confidentiality asserted and for which a redaction
has been made.
(b) No claim of confidentiality shall be made by
a vendor for any information:
(1) Indicating proposed pricing;
(2) Which is in the public domain; or
(3) Which is not confidential pursuant to any
applicable law or rule.
(c) If a vendor makes no claim of
confidentiality at the time of the initial submission, the entire submission
shall be subject to disclosure either in response to specific requests for
production of records under RSA 91-A or by posting online, if the division
concludes that no portions of the submission are exempt from disclosure
pursuant to law.
(d) A claim of confidentiality shall not prevent
disclosure of any information submitted in connection with or in support of a
bid, proposal, or quote if:
(1) The vendor fails to satisfy any of the
requirements in (a), above;
(2) The vendor marks the entire submission as
confidential without specifically identifying the pages or portions thereof
that are claimed to be confidential; or
(3) The vendor fails to comply with any
requirements or specifications of the bid, proposal, or quote relative to
claims of confidentiality.
Source. #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
PART Adm
605 ADDITIONAL RULES REGARDING OTHER PURCHASING VENDORS
Adm
605.01 Disqualifying Factors.
(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 specifications or requirements, including but not
limited to standard contract terms and conditions, general conditions and
instructions, or general terms and conditions for commodities or
services, and the vendor fails to agree to abide by or seeks to alter those
requirements or specifications without first obtaining the approval of the
division.
(b) The nonconformities
specified in Adm 604.04(a), (b), (h) through (l), and (p) and Adm 604.05 (a),
(f) through (j), (l), and (m), shall not apply to this part.
(c) For purposes of this part,
all applicable nonconformities shall be subject to correction and cure.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
605.02 Acceptance of Terms. 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 provisions of Adm 605.03 below.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
Adm 605.03 Procedural Requirements for Other
Purchasing Vendors.
(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 the date
and time specified in the purchase order or contract.
(b) Sample and demonstration units provided
under (a) above shall not be offered to the state as a new commodity and the
state shall not return samples or items left for demonstration purposes that
have not been removed by the vendor that provided them.
(c) The total monetary amount of the
offer submitted by a vendor seeking to provide commodities or
services as an other purchasing vendor shall not include any state or federal
taxes from which the state is exempt.
(d) The monetary amounts expressed in any offer
submitted by a vendor seeking to provide commodities or
services as an other purchasing vendor shall be expressed in United States
dollars and all monetary transactions with the state shall be conducted in
United States dollars.
(e) If requested by the division, a vendor seeking to provide commodities or services as an other purchasing
vendor shall supply certified
test results, third-party certificates of product compliance, or the results of
independent laboratory testing to confirm compliance with any specifications.
(f) The costs of the certificates and testing
specified by (e) above shall be the responsibility of the vendor.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
PART
Adm 606 SELECTION, POST SELECTION, AND PURCHASING
PROCEDURES
Adm
606.01 Bidder Selection or Recommendation Procedure.
(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 involved in the award of the bid, proposal, or quotation, whether the bid, proposal, or quotation or the person or
association submitting the bid, proposal, or quotation meets federal
requirements and qualifications relative to the acquisition.
(b) If a low bidder fails to meet required
qualifications, then the division shall move to the next lowest bidder.
(c)
In the case of an RFB or RFQ,
selection or recommendation of a prospective vendor shall, if the
process is not cancelled by the state, be made of the qualified bidder meeting
the requirements of (a) above
whose bid or quotation meets the requirements of the bid and meets or exceeds
specifications at the lowest price.
(d) In the case of an RFP, selection or
recommendation of a prospective vendor shall be made of the qualified bidder
meeting the requirements of (a)
above which has submitted a conforming RFP meeting or exceeding specifications
and according to the criteria for selection set forth in the RFP.
(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
bidder.
(f) When identical and
qualified low bids, proposals, or quotations are received at the same price,
selection or recommendation of a prospective vendor shall, be made pursuant to
RSA 21-I: 11-b, II as follows:
(1) If only one of the vendors offering that price has
a principal place of business in New Hampshire, that vendor shall be selected
or recommended for selection;
(2) When qualified lowest bids, proposals, or
quotations are received at the same price from more than one vendor that has a principal place of business
in New Hampshire, selection or recommendation for selection shall be made by
drawing lots from among those
vendors with a principal place of business in New Hampshire; or
(3) When qualified lowest bids,
proposals, or quotations are received at the same price from more than one
vendor that does not have a principal place of business in New Hampshire, by
drawing lots among the vendors.
(g) Notwithstanding the provisions of RSA 91-A: 4, no information shall be available to the
public, or to the members of the general court or its staff concerning
specific responses to requests for bids, proposals, applications, or quotations
or similar requests for submissions for the purpose of procuring goods or
services or awarding contracts, except in accordance with RSA 21-G:37.
(h)
The successful bidder on an RFQ shall be notified by the division.
(i)
The alteration, modification, deletion, or exception by an apparent low bidder
to the preprinted contents of the document utilized to submit the bid,
quotation, or proposal, or to the requirements or specifications of the
bid, quotation, or proposal without utilization of the procedures of Adm 604.03
shall not preclude the selection of that bidder as a vendor if the
bidder withdraws the alteration, deletion, modification, or exception as
specified in Adm 604.03 (d).
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.02 Final Offer Negotiations.
(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 contact the bidder and negotiate for
the bidder’s lowest final price.
(b) If,
prior to or after selecting a vendor by means of a process other than
competitive bidding, it does not appear that the price offered for the
commodity or service is equal to or less than the current price for the
commodity or service, the division shall contact the vendor or prospective
vendor and negotiate for the vendor’s
lowest final price.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
Adm
606.03 Cancellation of Selection Process.
(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 means of
a process other than competitive bidding, and shall decline to award or
recommend award of a bid, quotation, or proposal, or to select or recommend
selection of a vendor, if the division or commissioner concludes
that such action is in the best
interests of the state of New Hampshire, such as:
(1)
To avoid the potential that
commodities or services of an unacceptable quality, price, type, method of
delivery, or other term of purchase will be provided to the state;
(2) To effectuate the terms of the particular
RFP, RFQ, RFB, or purchase;
(3) To enable an agency to fulfill its
mission, or for the state to maximize the effective use of funds or other
resources;
(4) To address funding constraints;
(5) To enable the state to address its
needs in a more timely, efficient, or cost-effective manner than would
continuation of the process;
(6) To comply with statutory law, case
law, or these rules, or to advance the purposes of RSA 21-I or these rules; or
(7) To foster the integrity of the
process.
(b) Cancellation under the
foregoing paragraphs shall not preclude the department of administrative
services from issuing a new RFB, RFP, or RFQ, or from initiating a new
process for the selection of a vendor by means other than competitive bidding,
in regard to the matter canceled.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; amd by #7104, eff 9-23-99; amd by #8193, INTERIM, eff 11-12-04,
EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by
#10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
Adm
606.04 Delivery.
(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 terms, if that vendor does not remedy such
failure upon request.
(b) Deliveries
shall be inspected after receipt and shall not be deemed accepted until
compliance with these rules, the laws applicable to purchasing, and the
requirements or specifications of the bid has been established.
(c) Goods
that are delivered in a damaged condition shall not be accepted and the vendor
shall assume all costs and expenses associated with the return of those goods.
(d) The
vendor shall, at its sole expense, immediately replace any goods delivered in a
damaged condition.
(e) The
signature of state personnel on shipping documents shall signify the receipt but not the acceptance of the shipment
signed for.
(f) If
a vendor is unable to complete delivery by the date specified in the
requirements or specifications of the bid, the bid form, the purchase order, or
other communication identifying the date required for delivery, the vendor
shall, as soon as such inability is known, notify the agency seeking the
commodity or service.
(g) An
agency that receives
notification under (f) above shall not be required to accept a delay in the
original delivery date and may instead cancel the purchase.
(h) Vendors
shall provide material safety data sheets with the delivery of any and all
products covered by RSA 277-A, the “Worker’s Right to Know Act.”
(i)
Delivery shall be made FOB to
the destination specified in the requirements or specifications of the bid.
(j) Costs associated with the delivery,
including but not limited to all customs duties, tariffs, and fees for shipping
and handling shall be the responsibility of the bidder.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.05 Vendor Responsibility for Costs on Default. 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 or without competitive
bidding, the original vendor shall be liable to the state for any excess costs.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.06 Invoicing Requirements.
(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 office or all items have been delivered, inspected, and
accepted by the agency, whichever is later.
(c) Discounts
shall not be considered in making awards but may be offered by the vendor, and
accepted by the division, for early payment on an invoice.
(d) The
date from which the calculation of early payment for the purposes of a discount
under (c) above shall be made shall be the date of completion of delivery or
the date of receipt of the invoice, whichever is later.
(e) In
orders specifying split deliveries, the date from which the calculation of
early payment for the purposes of a discount under (c) above shall be made
shall be the date of completion of each delivery or the date of receipt of each
invoice, whichever is later.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.07 Withdrawal of Bids and Other Offers.
(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, the vendor making the bid,
quotation, proposal, or other offer may, no later than the close of
business on the fifth business day after the date of the opening of the bid,
quotation, proposal, or other offer, or such other date, if any, specified by
the division, request that the bid, proposal, quotation, or other offer be
withdrawn.
(b) A
request under (a) above shall:
(1) Be
in writing; and
(2) Contain
a narrative setting forth:
a. The
nature of the mistake or, if
applicable, identification of the requirement or specification of the bid that allows withdrawal;
b. The
reason that the withdrawal is requested;
c. Why
the mistake is material, or the reasons for concluding that withdrawal is
allowed under the requirements or specifications of the bid or other
requirements relative to the purchase established by the division; and
d. The
reasons, if any, that the mistake occurred despite the vendor’s use of care in
the making of the bid, quotation, proposal, or other offer.
(c) The
director or the director’s designee shall, within 5 days
of the submission of a request for withdrawal, grant a request for the
withdrawal of a bid, quotation, proposal, or other offer if the director or the
director’s designee concludes either that:
(1) The
mistake is material and allowance of withdrawal either:
a. Would
advance the purposes of RSA 21-I;
b. Is
required in the interests of the integrity of the process; or
c. Would
be in the best interests of the state, by avoiding the potential that
commodities or services of an unacceptable quality or delivery will be provided
by the vendor, or otherwise; or
(2) The
withdrawal is allowed under the requirements or specifications of the bid.
(d) The
burden shall be on the vendor to demonstrate to the director in its written
submission that withdrawal should be allowed.
(e) Permission
to withdraw a bid, quotation, or proposal shall not be required if the
withdrawal is made prior to the date and time established for the submission of
bids, quotations, or proposals.
(f) Withdrawal
of one bid, quotation, or proposal prior to the date and time established for
the submission of bids, quotations, or proposals shall not preclude a bidder
from submitting another bid, quotation, or proposal prior to the date and time
established for the submission of the same.
(g) Bids,
quotations, or proposals shall not be withdrawn by a bidder after the date and
time established for the submission of the bid, quotation, or proposal except
to the extent allowed under (a) through
(c) above.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.08 Commodities or Services Provided Prior to Specified Date
or Without Prior Requisition.
(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 the vendor for such goods
or services.
(b) Except
as specified in Adm 607.07 (c), agency requisitions for
commodities or services that
have already been supplied shall not be
approved.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter
heading for Adm 600)
Adm
606.09 Assignments and Subcontracts. 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 the state.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.10 Awards Not To Be Made by Line Item. 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 those criteria to each
individual item or line item sought by the state.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
606.11 Debarment of Vendors.
(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 subject to the prohibitions, limitations, or conditions listed in
RSA 21-I:11-c, I(a).
(b) All individuals or
business entities submitting a bid, proposal, or quotation in response to a
request for bid, proposal, or quotation issued by the division shall, as part
of their response, provide certification.
(c) Pursuant to RSA
21-I:11-c, I(b), failure to submit a
certification noted in (b)
above, the filing of a false certification or the signing of certification by an unauthorized
person shall result in the automatic rejection of the
bid, proposal, or quotation.
(d) Individuals or
entities identified on the list described in RSA 21-I:11-c, II shall be
debarred from submitting bids, quotations, or proposals to the division.
(e) The names of debarred parties shall be placed
on the list of debarred
parties in accordance with the processes set forth in RSA 21-I:11-c.
Source. #10364, eff 7-1-13; amd by #10827, eff
5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for
Adm 600)
PART
Adm 607 PURCHASING REQUIREMENTS FOR STATE AGENCIES
Adm
607.01 Types of Requisitions, Additional Approvals
Required for Information Technology Purchases.
(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 to be purchased,
including, for commodities, whether the commodities are new or used; and
(2) Indicate whether the commodities or services to be purchased will be
funded in whole or in part by federal funds.
(c) An agency shall submit
requests for purchases of information technology equipment or software in
excess of the amount specified in RSA 21-I:11, I(a)(8) to the chief information
officer for approval through the processes of NH First.
(d) The department of
information technology shall submit to the division any approvals by the chief
information officer or the chief information officer’s designee for the
information technology purchases described in RSA 21-I:11, I(a)(9).
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; amd by #7197, eff 2-2-00; amd by #8193, INTERIM, eff 11-12-04,
EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by
#10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
Adm
607.02 Brand Justification Requests.
(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 shall:
(1) State
in the requisition the names and
addresses of suggested vendors that have furnished the agency with information
about the commodity or service; and
(2) Submit
to the division a brand justification request.
(b) A
brand justification request under (a)(2) above shall be submitted by the agency together
with the requisition through NH
First and include:
(1) An
explanation of why the specific brand, make, or model of product, the services
of a particular provider, or the commodity of a particular manufacturer is
requested; and
(2) An
explanation of why other brands, makes, models, providers, or
manufacturers would not be acceptable.
(c) The
division shall grant the agency’s brand justification request if it concludes
that the specified brand, make, or model of product, the services of a
particular provider, or the commodity of a particular manufacturer either:
(1) Is
required for the agency making the request to fulfill its mission;
(2) Is
required in order to preserve the health or safety of agency personnel or other
persons; or
(3) Is
necessary in view of the agency’s or state’s possession of existing equipment
or other commodities which would be rendered non-functional if a brand, make,
or model of product other than that specified were acquired.
(d) Neither
the existence of an established relationship between a vendor and an agency,
nor an agency’s possession of commodities of a particular make, model, or
brand, shall, standing alone, be sufficient grounds to grant a brand
justification request.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 607.03 Sole Source Requests.
(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 the name and address of the suggested vendor that it
believes is the only source of the commodity or service; and
(2) Includes a statement of the reasons the agency believes that
the seller is the sole source of the commodity or service requested.
(b) The
commissioner shall grant the agency’s sole source request if,
pursuant to RSA 21-I:11, I (a)(2)(B), reasonable investigation
confirms that the requested commodity or service is procurable from only the source or seller identified by the agency.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827,
eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading
for Adm 600)
Adm 607.04 Requisitions for Contract Items.
(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, or other writing specifying how purchases are made under
a preexisting state contract.
(b) The head of the department,
or such agent or agents authorized by the agency to make the requisition, shall
approve the requisition prior to submission to the division through NH First.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 607.05 Requisitions for Noncontract
Items.
(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 through NH First.
(b) The
head of the department, or such agent or agents authorized by the agency to
make the requisition, shall approve the requisition prior to submission of the requisition to the division.
Source. #6355-A, eff 11-20-96; ss by #8193, INTERIM,
eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #9501, eff
7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note
at chapter heading for Adm 600)
Adm
607.06 Field Purchase Orders and Procurement Cards.
(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, provided
that the amount of the total expenditure is $1,000 or less.
(b) On
a pre-numbered field purchase order form, an agency requisitioning goods under
(a) above shall provide:
(1) The
date of the field purchase order;
(2) The
date by which the commodity or service is required;
(3) Under
the heading “ACTIVITY CODE,” the applicable activity code, if any;
(4) Under
the heading “APPROPRIATION CODE,” the full appropriation code for the purchase;
(5) Under
the heading “JOB NUMBER,” the number, if any, used by an agency to further
track expenditures;
(6) Under
the heading “COMMODITY CLASS NO.,” the commodity code number;
(7) Under
the heading “BILL TO,” the name and address of the agency that is to receive
the bill for the requisition;
(8) Under
the heading “SHIP TO,” the name and address to which delivery is to be made;
(9) Under
the heading “VENDOR,” the name and the address of the vendor that is to provide
the commodity or service;
(10) Under
the heading “VENDOR CODE,” the vendor code number of the vendor that is to
provide the commodity or service;
(11) Under
the heading “VENDOR TEL. NO.,” the telephone number of the vendor that is to
provide the commodity or service;
(12) Under
the heading “CONTRACT NO.,” the number assigned by the division to the
preexisting state contract, if any, under which the request for commodities or
services is being made by the agency;
(13) Under
the column heading “QTY,” the number of units of each type of commodity or
service requested by the agency;
(14) Under
the column heading “UNIT,” the unit used to calculate quantity, such as gallon,
dozen, gross, case, pound, or other unit of measurement;
(15) Under
the column heading “DESCRIPTION,” a description of each type of commodity or
service requested;
(16) Under
the column heading “UNIT PRICE,” the unit price of each type of commodity or
service requested;
(17) Under
the column heading “EXTENSION,” the extension price;
(18) Under
the heading “DOCUMENT TOTAL,” the combined total of all requests made on the
form, expressed in dollars;
(19) Under
the heading “SHIPPING INSTRUCTIONS,” whether:
a. Ownership
of the item is not to transfer until delivery to a specified site and shipping
costs are to be paid for by the vendor, with the cost of shipping then
added to the vendor’s invoice for payment by the agency, indicated by checking
the box entitled “PREPAY & ADD;”
b. Delivery
is to be made FOB to the agency’s location, indicated by checking the box
entitled “FOB DESTINATION;” and
c. There
are special shipping or delivery instructions, indicated by checking the box
entitled “SPECIAL” and providing a written description of those instructions;
and
(20) Under
the heading “RECEIVED BY, IF AGENCY PICKUP,” the signature of the person who
picks up the item from the vendor, if the item is picked up by the agency from
the vendor’s location.
(c) The
head of the department making the field purchase, or the authorized agent of
the requesting agency, shall:
(1) Sign
the form;
(2) Provide
his or her telephone number on the form; and
(3) Certify
by signing the form that the purchase is made in accordance with RSA 21-I:11
and RSA 21-I:17-a.
(d) In
addition to the foregoing, the agency shall provide on the field purchase order
form the name and telephone number of an authorized contact person within the
agency.
(e) The
contents of the contract terms and conditions appearing on the field purchase
order shall not be altered by the vendor, the prospective vendor, or the
agency.
(f) No
agency shall order the same item from the same vendor by using 2 or more
consecutive field purchase orders, or by making 2 or more purchases
by use of a procurement card, in such a way as to split orders that total more than $1,000.
(g) A
field purchase order shall not be utilized to requisition items under a
preexisting state contract unless specifically stated on the notice of
contract.
(h) Performance by a vendor
under or delivery by a vendor of a commodity requested under a field purchase
order shall constitute the acceptance by the vendor of the contract terms and
conditions appearing on the reverse of the field purchase order.
Source. #6355-A, eff 11-20-96; ss by #8193, INTERIM,
eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd and moved by
#9501, eff 7-6-09 (formerly Adm 607.07); ss by #10364, eff 7-1-13; ss by #13708,
eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
607.07 Immediate Purchase
Authorizations.
(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, giving all information
about the purchase and the circumstances requiring immediate action, including:
(1) The
items required;
(2) The
quantity;
(3) The
source of supply;
(4) Prices;
(5) Payment
terms;
(6) Appropriation
code; and
(7) An
explanation of why the immediate purchase is necessary:
a. For the agency to fulfill its mission; or
b. To maximize the effective use of state funds.
c. The division shall approve an immediate purchase and assign a
purchase order number if it determines it is necessary:
(1) For the
agency to fulfill its mission; or
(2) To
maximize the effective use of state funds.
(c) If
the need for an immediate purchase arises
outside normal state working hours and the agency wishes to proceed with the purchase without prior approval in accordance with (b)
above it shall comply with (a)
above no later than the next business day.
Source. #6355-A, eff 11-20-96; ss by #8193, INTERIM,
eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd and moved by
#9501, eff 7-6-09 (formerly Adm 607.08); ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter
heading for Adm 600)
Adm
607.08 Changes to Quantity or Scope in Purchase Orders,
Requisitions, and Proposed Contracts.
(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
specified in (a) above by submitting a written request to the division.
(c) The
division shall deny changes under (a) above if granting the changes would:
(1) Alter
the purchase by a value of 50% or more of the original value of the purchase
order or contract; or
(2) Would
violate the competitive bidding requirements of RSA 21-I.
Source. #8310, eff 5-11-05; moved by #9501 (formerly
Adm 607.09); ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
PART Adm 608 AGENCY
REQUIREMENTS FOR PLANT AND PROPERTY MAINTENANCE
Adm
608.01 Repairs to Motor Vehicles.
(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) shall be handled in accordance with the following
procedure:
(1) The
agency shall provide to the division a requisition in accordance with Adm 607
together with a statement of the
work to be performed, including, at a minimum:
a. A
complete description of the work to be performed;
b. A
complete description of the parts to be supplied; and
c. An
estimate of the cost of repairs;
(2) If
the agency requests the use of a specific vendor, the agency shall file, in
addition to the items specified in (b)(1) above, a sole source request under
Adm 607.03;
(3) If
a sole source request under (b)(2) above is approved, the division shall issue
a purchase order that shall include instructions to the vendor; and
(4) If
no sole source request is submitted, the division shall process the request in
accordance with Adm 604 through Adm 606.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827,
eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading
for Adm 600)
Adm
608.02 Construction. 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 the alteration or
repair involves the structural integrity of a structure, the division of
public works design and construction shall perform all site preparation work and develop the
specifications and requirements of a bid on behalf of all state agencies.
(b) For new construction, alterations to existing
structures, or repairs to existing structures in an amount less than or equal
to the amount established in RSA 21-I:82, II, site preparation work
and development of specifications and requirements of a bid shall, at an agency’s discretion, be
performed by:
(1) An agency on its own behalf;
(2) An outside contractor; or
(3) The
division of public works design and construction.
Source. #4985, eff 11-19-90; ss by #6355-A, eff
11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310,
eff 5-11-05; ss by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #10827,
eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading
for Adm 600)
PART
Adm 609 DISPUTED MATTERS
Adm
609.01 Bidders Questioning the
Agency’s Identification of a Selected Vendor. A bidder wishing to
question the identification of a selected vendor shall follow the procedures of
RSA 21-G: 37, IV.
Source. #6355-A, eff 11-20-96; ss by #8193, INTERIM,
eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff
7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision
Note at chapter heading for Adm 600)
PART
Adm 611
STATE SURPLUS MANAGEMENT
REVISION
NOTE:
Document #10364, effective 7-1-13,
readopted with amendments Chapter Adm 600 on plant and property management,
including extensive changes to the wording and numbering of former rules in
Part Adm 611 on state surplus management, and the adopting of other rules, as
follows:
Former Rule New
Rule
Adm 611.01 Adm 611.01
Adm 611.02 Adm 611.02–Adm
611.06
Adm 611.03 Adm 611.07
Adm 611.04 Adm 611.08
Adm 611.05 Adm 611.09
Adm 611.06 Adm 611.10
Adm 611.07 Adm 611.11
Adm 611.08 Adm 611.12
Adm 611.09 Adm 611.13 and
Adm 611.14
Adm 611.10 Adm 611.15
(no former rule) Adm
611.16
(no former rule) Adm
611.17
(no former rule) Adm
611.18
Adm 611 in Document #10364 replaces
all prior filings for the former Adm 611 cited above. The prior filings were Document #8310,
effective 5-11-05, affecting all rules in the former Adm 611, and Document
#9501, effective 7-6-09, which amended the former Adm 611.03.
Adm
611.01 Definitions.
(a) “Agency” means “agency” as defined in RSA
21-I:11, II(b), to the extent not exempt or excluded from utilization of the
state surplus management system by RSA 21-I:18 or other law.
(b) “Closing date” means a date prior to the
date of an auction or other competitive bidding process after which no
public sale of property that is to be offered in the auction or other
competitive bidding process is to be made except by means of the auction
or competitive bidding process itself.
(c) “Degauss” means to demagnetize a magnetic
data storage device in such a manner so as to remove all data stored on the
device.
(d) “Disposal” means the disposition of state
property through state surplus management pursuant to RSA 21-I:12, I(a)(6) by a
means other than redistribution.
(e) “Form TDMV 19A” means a “Verification of
Vehicle Identification” form produced by and available from the state of New
Hampshire department of safety, division of motor vehicles, bureau of title and
anti-theft, commonly known as form TDMV 19A.
(f) “Form TDMV 22A” means a “Report of Sale or
Transfer of a Non-Titled Motor Vehicle” form produced by and available from the
state of New Hampshire department of safety, division of motor vehicles, bureau
of title and anti-theft, commonly known as form TDMV 22A.
(g) “Redistribution” means the process of
redistributing state property through state surplus management pursuant to RSA
21-I:12, I(a)(6), as described in
Adm 611.11 below.
(h) “State surplus management” means the system
and process by which property under
RSA 21-I:12, I(a)(6), is redistributed or disposed of, including, but not
limited to, the redistribution or disposal of:
(1) Heavy
equipment;
(2) Motor
vehicles;
(3) Trucks;
(4) Plows;
(5) Equipment;
(6) Furniture;
and
(7) Furnishings.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm 611.02 Acceptance and Valuation of Items by State
Surplus Management.
(a) State surplus management shall, upon receipt
of an executed IC 20 entered into NH First by the respective agency described
in Adm 611.07, accept, either for redistribution or for disposal, such property
as is submitted, unless it is determined that the item:
(1) Has no net value under (c) below;
(2) May not be either redistributed or disposed of
without violating legal restrictions; or
(3) Was obtained by the state as the result of a
forfeiture or seizure.
(b) Provided that there are no legal
restrictions upon disposal of the property, state surplus management
shall, upon receipt of an executed IC 20 described in Adm 611.07, accept
for disposal, but not for redistribution, property submitted to it by entities
that are part of New Hampshire state government which property was
obtained by the state as the result of a forfeiture or seizure.
(c) In determining whether an
item offered for redistribution or disposal under (a) above has any net
value, state surplus management shall consider both the likely price for which
the item would sell and factors bearing on the cost of accepting or disposing
of the item, such as the likely cost of:
(1) The
disposal of hazardous waste, if any, connected with the item;
(2) Whether
transportation or cleaning of the property is required and, if so, the cost
thereof;
(3) The
potential cost of repair;
(4) Any
costs or handling fees which may be
associated with the acceptance, redistribution, or disposal of the item; and
(5)
Any storage fees which may
be incurred in connection with the item.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
611.03 Property Delivered to State
Surplus Management.
(a) An agency
or other entity providing property for redistribution, for disposal, or for sale at the time of a state auction or other
competitive bidding process shall:
(1) Transport
the item to the surplus property warehouse at White Farm on Clinton Street in
Concord, or to such other location as specified by state surplus management,
unless state surplus management concludes that, because of the item’s size,
nature, or present location, it is more efficient or cost-effective to
redistribute or dispose of the item from its present location or to have the
item picked up from that location by state surplus management; and
(2) Deliver
the property in accordance with any delivery instructions provided by state
surplus management.
(b) Property shall be delivered to the White
Farm on Clinton Street in Concord only on days and at times when the White Farm
is open to accept deliveries.
(c) Except as provided in Adm 611.05 or in (d)
below, no agency or other entity
submitting property for redistribution or disposal by state surplus management shall remove parts, pieces, or
portions of vehicles, machinery, equipment, or other items which will be submitted to state surplus management,
nor in any way diminish the item so as to render it less useful to another
owner.
(d) If,
at any time, an agency wishes to remove parts, pieces,
or portions of vehicles, machinery, equipment, or other items which may
ultimately be subject to surplus under these rules, the agency shall request
permission to do so by submitting a writing to state surplus management which
states:
(1) The part, piece, or portion of the property that the agency
wishes to remove;
(2) The approximate value of the item to be removed and whether
or not it will be included on the agency’s inventory of property under RSA
21-I:11, I(a)(5);
(3) What the agency intends to do with the removed item; and
(4) Why the agency wishes to remove the item,
including a description of why the agency believes that the removal and
proposed use would be financially beneficial to the agency.
(e) State surplus management shall review
requests submitted under (d) above and shall make a recommendation to the
commissioner or the commissioner’s designee regarding whether or not permission
should be granted, including in the recommendation:
(1) An assessment of the value of property which
is to be removed;
(2) An assessment of the post-removal value of
the property from which the part, piece, or portion is to be taken; and
(3) Whether the removal would be in the overall
financial interest of the state.
(f) The commissioner of administrative services
or the commissioner’s designee shall approve the removal of parts, pieces, or
portions of vehicles, machinery, or equipment under (d) above if he or she
concludes that:
(1) The removal would be financially beneficial
to the agency;
(2) The removal would, based upon a balancing of
the financial benefit to the agency against any negative impact on state funds,
be in the financial interest of the state; and
(3) If required pursuant to RSA 21-I:11, I(a)(5), the
part, piece, or portion removed will be included on the agency’s inventory of
property.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm
611.04 Repairs by State Surplus
Management.
(a) The cost of any repairs conducted by state
surplus management in order to maximize the potential sales price of an item submitted to it for redistribution or disposal, including the cost
of purchasing parts, shall be deducted from the proceeds that are returned
under Adm 611.15 or Adm 611.16.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 611.05 Submission of Computers or Computer
Components to State Surplus Management. Entities
that are part of New Hampshire state government that submit any
computer or computer component designed to store data to state surplus
management for redistribution or disposal shall:
(a) Completely
remove or destroy the hard drive or other component of the computer on which
data is located, or completely degauss or otherwise completely remove or
destroy any data on the computer or component, including data located on any
hard-drive; and
(b) Submit
to state surplus management, in addition to the IC 20 described in Adm 611.07,
at the time of the delivery of the computer or computer component for disposal,
a completed “Data Destruction Disposition Form”, as amended 7-20-2023.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
611.06 Initial Estimated Disposal
Value.
(a) Pursuant
to RSA 21-I:12, I (a)(6), upon acceptance of an item from any entity that is
part of New Hampshire state government, other than property obtained by the
state as the result of a forfeiture or seizure, state surplus management shall
assign to the item an initial estimated disposal value, consisting of an
estimate of the item’s likely sales price, which shall:
(1) Include
an estimate of the item’s fair market value;
(2) Include
the amount of any handling charge described in RSA 21-I:11, I(a)(6); and
(3) Take
into account such factors as may bear upon the amount for which the item may
sell, such as condition.
(b) State surplus management shall, upon an item
being offered for redistribution or disposal, note on the form described at Adm
611.07 either:
(1) That the item possesses no value under (a)
above; or
(2) The initial estimated disposal value.
(c) In the event that circumstances prior to the
redistribution or disposal
of the property indicate that the initial estimated disposal value is no
longer accurate, that value shall be adjusted.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm 611.07 Declaration of Surplus, Submission, and Forms.
(a) Agencies as defined in Adm 611.01(a) shall:
(1) Immediately declare all surplus items,
including vehicles that are no longer part of an agency's fleet, by making a NH
First entry on the IC 20 screen described below; and
(2) Make a disposition of surplus property that
state surplus management concludes has a value, as well as items obtained by
way of forfeiture and seizure, only through the processes described in Adm 611.
(b) Unless
otherwise allowed by law, agencies shall not gift state property, including but
not limited to property that was used by a retiring employee in the course of
his or her employment with the state, to individuals, but may request
permission of the governor and executive council to make such disposition.
(c) Unless
otherwise provided by law or specified in a contract entered into by the state,
the obligation to declare surplus property by making a NH First entry on the IC
20 screen described below shall extend to items which an agency did not obtain
by way of direct purchase, such as wood harvested from state property.
(d) Entities other than agencies as defined in
611.01(a) which are a part of state government that wish to submit property for
redistribution or disposal through the state surplus management system shall do
so by making a NH First entry on the IC 20 screen described below.
(e) Prior to submitting either IC 20 or surplus
property, entities that are not agencies as defined in Adm 611.01(a), as well
as any agency submitting property that was obtained by the state as the result
of a forfeiture or seizure, shall contact state surplus management to advise
that they wish to submit property for redistribution or disposal through the
state surplus management system.
(f) Agencies shall complete and submit:
(1) The
IC20.1 Receipts, IC20.3 IC Transaction User Fields, IC29.1 Lots, and IC29.4
User Transaction Detail User Fields which shall include:
a. The name of
the agency or other entity making the submission;
b. The date that
the agency or other entity completed the form;
c. A description of the item
that has been declared surplus, including the item’s size, model, quantity, unit of measure, unit cost, and bin (destination at state surplus or
disposal);
d. A description of the condition of the item;
e. The following codes
identifying the account into which proceeds from the sale of the submitted item, if any, are to be deposited:
1. The revenue account code, if
any, together with the activity
code, if any;
2. The
fund code;
3. The
agency code, if any; and
4. The
organization code;
f. The name of the contact
person for the agency or other entity submitting an item(s) for surplus;
g. The name of the originator, the person who completed the form; and
h. The name of the
representative of the agency or other entity who has approved the making of the
declaration of surplus; and
(2) The
P-11A, entitled “Surplus Vehicle Checklist”, as amended 7-20-2023, which shall
be completed in addition to the IC20.1 Receipts, IC20.3 IC Transaction User
Fields, IC29.1 Lots, and IC29.4 User Transaction Detail User Fields when the
declaration of surplus involves a motor vehicle.
(g) If an odometer reading on a vehicle is not
the actual mileage on a vehicle, the entity submitting the vehicle shall, in
addition to the forms described above, submit a written statement signed by an
authorized representative of the entity submitting the vehicle disclosing that
the true mileage of the vehicle is unknown.
(h) On IC29.4 User Transaction Detail User
Fields, the description of the condition of the item noted in (f)(1)c. above
shall contain at least:
(1) A
general description of the overall condition of the item, including whether or
not it is functional for the purpose for which it was manufactured;
(2) A
notation of any damage to the item;
(3) An
indication of whether any part of the item, or piece affixed to the item, has
been, or will be, removed prior to delivery to surplus property management; and
(4) An
indication of whether any parts or pieces of the item are missing.
(i) In addition to the IC 20 described above,
each agency or other entity submitting any computer or computer component
designed to store data shall submit to state surplus management a “Data
Destruction Disposition Form”, as amended 7-20-2023, described in Adm 611.05.
(j) Any agency or other entity wishing to
submit property to state surplus management for redistribution or disposal
shall submit the applicable forms described above to state surplus property
management electronically, or at 144 Clinton Street, Concord, NH 03301-2297.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 611.08 Motor Vehicles.
(a) Except as provided in (b) below, an agency
or other entity submitting a motor vehicle for redistribution or disposal under
these rules shall, for each vehicle, submit to state surplus property at 144
Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:
(1) Two
sets of keys, if available for the vehicle;
(2) Unless
exempted under RSA 261:3, a certificate of title; and
(3) If
exempted under RSA 261:3, either:
a. A
current registration;
b. A
fully executed form TDMV 19A; or
c. A
fully executed form TDMV 22A.
(b) An agency or other entity submitting a
trailer as defined in RSA 259:113 for redistribution or disposal under these
rules shall, for each trailer, submit to state surplus property at 144 Clinton
Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:
(1) Unless
exempt under RSA 261:3, I (j) or (k), a certificate of title;
(2) If
exempt under RSA 261:3, I (j) or (k), either:
a. A
current registration;
b. A
fully executed form TDMV 19A; or
c. A
fully executed form TDMV 22A.
(c) Motor vehicles delivered without the items required by (a) or (b) above, or
without the materials required by Adm 611.07, shall not be accepted for surplus
disposition.
(d) An agency or other entity submitting a
vehicle for surplus distribution shall:
(1) Clean
the vehicle;
(2) Remove
all existing decals from the vehicle;
(3) Fill
any operative fuel tank or charging
system of the vehicle at least ¼ full;
(4) Fill
fluid levels for the vehicle’s other operative systems; and
(5) Not
deliver the vehicle in a condition in which gasoline or other potentially
hazardous substances are leaking from the vehicle.
(e) An agency that wishes to procure any motor
vehicle as defined in RSA 21-I:19-i, II(b) from state surplus management, by
redistribution or otherwise, shall:
(1) Not
do so without first following the processes of RSA 21-I:19-i and obtaining
approval for the procurement of that vehicle; and
(2) Submit
a copy of the approval to state surplus management.
(f) If an agency’s procurement of a vehicle
through state surplus management would result in an increase in the size of an
agency’s motor vehicle fleet as previously approved by the governor and
executive council, the agency shall submit to state surplus management a copy
of the approval for the fleet increase.
(g) Unless an agency has received permission
from the governor and executive council to increase the size of its fleet, an
agency that receives a vehicle, by way of redistribution or otherwise, shall,
in exchange, and in addition to the form specified at Adm 611.07, submit to
state surplus management, a like or similar vehicle, so that the total size of
the agency’s fleet of vehicles remains unchanged.
(h) For the purposes of (g) above, unless the
department of administrative services has, pursuant to RSA 21-I:19-i, allowed a
purchase of a different type of vehicle to replace one which is subject to
surplus, “like or similar vehicle” means a car, if the vehicle obtained by the
agency is a car, a truck if the vehicle obtained by the agency is a truck, and
a specific piece of heavy equipment, such as a backhoe, if the vehicle obtained
is a specific type of heavy equipment, such as a backhoe.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
Adm 611.09 Trade-Ins.
(a) An agency shall not utilize an item that
would otherwise be declared surplus, and that would therefore be subject to
redistribution or disposal under
these rules, as a trade-in for goods or services that the agency intends to
obtain from another entity without first contacting surplus property management
and requesting authorization to use of the item as a trade-in.
(b) No item shall be used as a trade-in under
(a) above unless surplus property management concludes that the proposed
trade-in value is greater than the estimated disposal value of the item if it
was to be offered for sale by the division.
(c) If the trade-in value is estimated by
surplus property management under (b) above to be financially beneficial to the
state, and authorization for trade-in is given, that authorization shall apply
only to the specific transaction.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
611.10 Viewing of Surplus Items. Items that have been submitted for
redistribution or disposal under these rules, or digital photographs
thereof, shall be available for viewing at such times and at such places as the
division specifies for this purpose.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 611.11 Redistribution of Surplus Property.
(a) Items submitted to state surplus property
management that are subject to redistribution and are determined to have
further useful life shall be redistributed in accordance with the procedure set
forth below.
(b) Agencies having a need for any item that has
been or may be submitted for redistribution or disposal shall make a request for the item to surplus property
management, either orally or in writing.
(c) Entities which are part of the government of
the state of New Hampshire, but which are not agencies as defined in Adm 611.01
(a), that have need for any item that has been or may be submitted for
redistribution or disposal may request the item from surplus property
management, either orally or in writing.
(d) Requests under (b) or (c) above that remain
unfilled after 6 months shall be considered cancelled.
(e) Entities that are part of the government of
the state of New Hampshire, and no other person or entity, may acquire an item
submitted to surplus property management which is subject to redistribution for
a period of 14 days after the acceptance of the item under Adm 611.02, unless
another form of disposition is warranted under
RSA 21-I:12, I(a)(6).
(f) Items shall be redistributed under (e) above
to agencies and entities which are part of the government of the state which
have made a request under (b) or (c) above, on a first-come, first-served
basis.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm 611.12 Receipts and Invoices. All recipients of property redistributed or
disposed of under these rules shall receive an invoice or receipt and shall
make payment according thereto.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 611.13 Items Not Otherwise Redistributed.
(a) If no entity wishes to acquire an item by
way of redistribution under Adm 611.11, and if no other form of disposition has
occurred under RSA 21-I:12, I(a)(6), the item shall, following the 14 day
period set forth in Adm 611.11(e), be offered for sale to the public in the
manner specified in RSA 21-I:12, I (a)(6).
(b) Any property submitted to state surplus
management that is estimated to be
of no net value, or no estimated disposal value, shall be discarded, returned to the custody of the entity which
submitted it, or held by state surplus management for potential future sale.
(c) Property which is returned pursuant to (b)
above shall be picked up and removed by the entity which submitted it.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm 611.14 Closing Date.
If
items are to be disposed of by way of an auction or other competitive bidding
process, state surplus management shall establish a closing date.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see
Revision Note at chapter heading for Adm 600)
Adm 611.15 Revenue Generated from the Disposal of
Property.
(a) Revenue generated from the disposal of
property shall be distributed as follows:
(1) Revenue
generated from the disposal of items that were originally purchased by the
entity which submitted the item with funds from the general revenue fund under
RSA 6:12 shall revert to the general fund, less the handling charge described
at RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03(a)(1), and any cost of repairs under Adm
611.04;
(2) Revenue
generated from the disposal of items that were originally purchased by the
entity which submitted the item with funds from a source other than the general
revenue fund under RSA 6:12, such as a restricted
fund, shall revert to the fund that was originally used to procure the item,
less the handling charge described at RSA 21-I:11, I(a)(6), any cost of pick-up
under Adm 611.03(a)(1), and any cost of repairs under Adm 611.04; and
(3) Revenue
generated from the disposal of forfeited or seized property, or from the
disposal of other property, such as donated property, which did not originate
with an agency purchase, shall revert to the fund used by the entity to receive
payments relative to the property,
less the handling charge described at RSA 21-I:11, I(a)(6), any cost of pick-up
under Adm 611.03 (a) (1) and any cost of repairs under Adm 611.04.
(b) The amount of the handling charge noted in
Adm 611.15(a) above shall be in an amount sufficient to cover the average
actual cost of handling as specified by the commissioner, after receiving the
recommendation of the director, according to the criteria set forth in RSA
21-I:11, I(a)(6).
(c) Revenue generated shall be applied first to
the handling charge described in RSA 21-I: 11, I (a) (6), then to any cost of
repairs under Adm 611.04, then to any cost of pick-up under Adm 611.03 (a) (1),
and only the remainder, if any, shall be to applied to the account of the
entity which submitted the item. If the revenue generated is insufficient to
fully cover these charges and costs, no amount shall be distributed to the
agency account.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm
611.16 Charges and Procedures in the
Case of Redistribution of Property.
(a) If a state government entity acquires
property through redistribution and pays for the redistributed property using
the same source that the entity used to purchase the property initially, then
the following shall apply:
(1) The acquirer shall pay to state surplus
management the handling charge specified by RSA
21-I:11, I(a)(6); and
(2) The entity submitting the item to surplus
shall pay the cost of repairs, if any, under Adm 611.02, and any cost of pick-up under Adm 611.03(a)(1).
(b) If a state government entity acquires
property through redistribution and pays for the redistributed property using a
different source than the entity used to purchase the property initially, then the following shall apply:
(1) The acquirer shall pay to state surplus
management the estimated disposal value established under Adm 611.06, including
the handling charge specified by RSA
21-I:11, I(a)(6); and
(2) State surplus management shall distribute
the revenue generated to the particular fund used by the entity submitting the
property to procure that property, less the handling charge under RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03 (a)(1), and
the cost of repairs, if any, under Adm
611.02.
(c) If a state government entity acquires property
through redistribution that was not originally purchased by another state
government entity, such as donated property, then the following shall apply:
(1) The acquirer shall pay to state surplus
management the estimated disposal value established under Adm 611.06, including
the handling charge specified by RSA
21-I:11, I (a)(6); and
(2) State surplus management shall distribute
the revenue generated to the particular fund used by the entity submitting to
receive payments relative to the property, less the handling charge under RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03(a)(1), and the cost of repairs, if any, under Adm
611.02.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm
611.17 Contracts for Disposition of Property Entered Into by the Division of
Procurement and Support Services. If, pursuant to RSA 21-I:17-c,
the division has entered into a contract for the disposition of certain
property, such as a contract for recycling of materials under RSA 9-C, agencies
shall use such contracts for the disposition of that property unless granted a
waiver pursuant to RSA 21-I:17-c.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
611.18 Submissions to State Surplus
Management by Entities Other than Agencies. Entities
that are part of New Hampshire state government, but which are not agencies as
defined in Adm 611.01 (a), that submit property to state surplus management by
the use of the form described in Adm 611.07 shall:
(a) Be deemed to agree that
state surplus management may redistribute or dispose of the submitted property
as provided in these rules; and
(b) Receive and make, or allow to
be received or made, such distributions of funds as are provided in Adm 611.15
or Adm 611.16.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
PART
Adm 612
FEDERAL SURPLUS FOOD DISTRIBUTION PROGRAM
Adm 612.01 Purpose. These rules set forth
requirements for applicants for and participants in the following federal
surplus food programs addressed in 7 CFR Chapter II Parts 210 to 299:
(a) National School Lunch Program;
(b) Child and Adult Care Food Program;
(c) Summer Food Service Program for Children;
(d) Summer
Camp Food Service Program;
(e) Charitable institution programs; and
(f) The Emergency Food Assistance Programs.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
612.02 Applicability of Federal
Regulations.
(a) The surplus distribution section shall act
relative to the programs described above in a manner which accords with federal
regulations relating to those programs, as set forth at 7 CFR Chapter II, Parts
210 to 299.
(b) The definitions, standards, requirements,
guidelines, and procedures
relative to the administration of federal food distribution programs shall be
as set forth in 7 CFR Chapter II, Parts 210 to 299.
(c) Eligibility to receive commodities described in this part shall be
determined in accordance with 7 CFR Chapter II, Parts 210 to 299.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.03 Definitions.
(a) “Applicant”
means an entity that requests participation in one of the programs listed in
Adm 612.01.
(b) “Federal
surplus food distribution program” means the program for the distribution of
food donated by the United States government
that is handled by the surplus distribution section under RSA 21-I:12, I(a)(7).
(c) “FIFO system” means a system for the
rotation of an inventory.
(d) “Letter of determination”
means a writing from the United States Internal Revenue Service indicating that
that the applicant has been determined to be tax exempt under 26 USC Section
501 of the Internal Revenue Code.
(e) “Surplus distribution agreement form” means
a written agreement for the distribution
and use of commodities donated by the United States government by which an
applicant applies for participation in one of the programs listed in Adm
612.01.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 612.04 Application Procedure for Participation in
the National School Lunch Program, Child and Adult Care Food Program, or Summer
Food Service Program for Children. To apply for participation in the National School Lunch Program,
the Child and Adult Care Food Program, or the Summer Food Service Program for
Children, the applicant shall:
(a) Before submitting the "Agreement For
Distribution and Use of USDA Donated Commodities” form described at Adm 612.05
below, be approved by the state department of education, food, and nutrition service as eligible
for the National School Lunch matching fund program under RSA 186:13, XI;
(b) Once approved under RSA 186:13, XI, file
with the federal surplus food distribution program a fully executed surplus
distribution agreement form containing all information required by 7 CFR
Chapter II, 250.12(b); and
(c) Submit to the federal surplus food
distribution program those supporting materials required by these rules.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter
heading for Adm 600)
Adm
612.05 Agreement for Distribution and
Use of USDA Donated Commodities.
(a) An applicant shall complete the “Agreement
For Distribution and Use of USDA Donated Commodities” form, as amended
7-20-2023, if required under these rules, and in accordance with 7 CFR Chapter
II, 250.12(b), provided by the surplus distribution section.
(b) The authorized representative of the
applicant signing under (a)(9) above shall certify by his or her signature that
the applicant agrees to the terms of the applicant’s agreement for distribution
and use of commodities donated by the federal government, including any
assurances regarding civil rights, which terms shall be set forth or
incorporated in the form.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.06 Supporting Materials Required for Participation in the National School
Lunch Program. In addition to the
fully executed “Agreement For Distribution and Use of USDA Donated Commodities”
form described in Adm 612.05 above, an applicant for participation in the
national school lunch program shall submit:
(a) If
the applicant utilizes or is considering utilizing a food
service management company as defined in 7 CFR Chapter II, Section 250.3, a
“Food Management Company” form, as amended 7-20-2023, provided by the surplus
distribution section on which the applicant shall provide:
(1) The name of each facility
or location that does or may utilize a food service management company;
(2) The address of each
facility or location identified in (a)(1) above, including the street address,
city, and state;
(3) The name of the person at
each facility or location that is to be contacted regarding the facility or
location’s use of a food service management company;
(4) The telephone number of
each person identified in (a)(3) above;
(5) For each facility or
location identified in (a)(1) above, the name of the food service management
company;
(6) The address of each food
service management company identified in (a)(5) above, including the street
address, city, and state;
(7) The name of the person at
each food service management company that is to be contacted regarding each
facility or location’s use of a food services management company; and
(8) The telephone number of
each person identified in (a)(7) above; and
(b) If
the applicant utilizes a food service management company as
defined in 7 CFR Chapter II, Section 250.3, a full copy of a written contract
between the applicant and the food service management company.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.07 Supporting Material Required for Participation in the Child and Adult
Care Food Program. In addition to
the fully executed “Agreement For Distribution and Use of USDA Donated
Commodities” form described in Adm 612.05 above, an applicant for participation
in the child and adult care food program shall submit:
(a) If
the applicant utilizes or is considering utilizing a food service management
company as defined in 7 CFR Chapter II, Section 250.3, a food service
management company form on which the applicant shall provide the information specified in Adm 612.06 (a);
(b) If
the applicant utilizes a food service management company as defined in 7 CFR
Chapter II, Section 250.3, a full copy of a written contract between the
applicant and the food services management company.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
612.08 Supporting Material Required
for Participation in the Summer
Food Service Program for Children.
In addition to the fully executed agreement form described in Adm 612.05
above, an applicant for participation in the summer food service program for
children shall submit:
(a) A fully executed “Rider To Agreement Form”, as amended 7-20-2023, provided
by the surplus distribution section;
(b) If
the applicant utilizes a food service management company as
defined in 7 CFR Chapter II, Section 250.3, a full copy of a written contract
between the applicant and the food services management company;
(c) If the applicant facility is open for 10
days or more per calendar year, a copy of the license required under RSA 485-A:
24, issued by the department of environmental services; and
(d) If the applicant is a private nonprofit
organization, a letter of determination from the United States Internal Revenue
Service.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.09 Application Procedure for Participation in
the Summer Camp Food Service Program.
To apply for participation in the Summer Camp Food Service Program
described at 7 CFR Chapter II, 250.61, an applicant shall submit to the surplus
distribution section:
(a) A fully executed “Agreement For Distribution
and Use of USDA Donated Commodities” form, as amended 7-20-2023, containing all
information required by 7 CFR Chapter II, 250.12(b), provided by the surplus
distribution section;
(b) A fully executed “Rider to Agreement Form”,
as amended 7-20-2023, provided by the surplus distribution section;
(c) In accordance with 7 CFR,
Part II, Section 250.67(a), a letter of determination verifying the applicant’s
tax-exempt status under the United States Internal Revenue Code;
(d) If the applicant facility is open for 10
days or more per calendar year, a copy of the license required under RSA
485-A:24, issued by the department of environmental services; and
(e) A
fully executed “New Hampshire Federal Surplus
Property Program (NHFSPP) Compliance Report Form”, as amended 7-20-2023.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.10 Application Procedure for Participation in
Charitable Institution Programs. To
apply for participation in the charitable institution program under 7 CFR Part
II, Section 250.67, an applicant shall submit to the surplus distribution
section:
(a) A fully executed “Agreement For Distribution
and Use of USDA Donated Commodities” form containing all information required
by 7 CFR Chapter II, 250.12 (b), as described at Adm 612.05 above;
(b) A fully executed “Financial Data Form”, as
amended 7-20-2023, provided by the surplus distribution section;
(c) A fully executed “B-1 Form”, as amended
7-20-2023, provided by the surplus distribution section and appearing on the
reverse of financial data form described in (b) above;
(d) If licensure, certification, or other
approval is required from any governmental entity for the activities conducted
by the applicant, such as for bedding capacity or on-site feeding, a copy of
the current license, certification,
or approval;
(e) If
the applicant utilizes or is considering utilizing a food
service management company as defined in 7 CFR Chapter II, Section 250.3, a
food service management company form on which the applicant shall provide the
information specified in Adm 612.06(a);
(f) If
the applicant utilizes a food service management company as defined
in 7 CFR Chapter II, Section 250.3, a full copy of a written contract between
the applicant and the food services management company;
(g) In accordance with 7 CFR,
Part II, Section 250.67(a), if the applicant is not a governmental entity, a
letter of determination verifying the applicant’s tax-exempt status under the
United States Internal Revenue Code; and
(h) If the applicant is an adult correctional institution, a
written statement signed by an authorized representative of the applicant
certifying that the institution conducts rehabilitation programs as described
at 7 CFR 250.67(b)(5).
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.11 The Emergency Food Assistance Program. To be eligible for participation in the
emergency food assistance program, the applicant shall meet the federal
eligibility criteria and requirements established under 7 CFR Chapter II,
Section 251.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.12 Records.
(a) In
accordance with 7 CFR, Chapter II, Section 250.16(a), each entity receiving
donated foods from the surplus distribution section shall maintain accurate and
complete records of the following:
(1) The
amounts and values of commodities refused by school food authorities; and
(2) The
data and method used to determine the number of needy persons served, including
records which show the portion of the operating costs which were derived from
tax funds, tax-exempt contributions,
or other welfare funds.
(b) In accordance with 7 CFR, Chapter II,
Section 250.16 (b), each entity receiving donated foods from the surplus
distribution section shall retain the records described in (a) above for a
minimum of 3 years.
(c) Each entity receiving donated foods from the
surplus distribution section shall:
(1) Maintain
on file a copy of any contract entered into with a food service management
company and retain the same for a minimum of 3 years;
(2) Post
at its facility a copy of the department of agriculture’s "...AND JUSTICE
FOR ALL" poster;
(3) Maintain
on file, and retain for a minimum of 3 years, all records of temperature
control checks, receipts for rodent control, and reports of loss of government foods as are required by
federal or state statute or regulation or by the entity’s agreements with the
surplus distribution section; and
(4) Maintain,
and retain for a minimum of 3 years, copies of fully executed surplus
distribution agreement forms, fully executed copies of supporting documents
submitted with surplus distribution agreement forms, and all information
pertaining to United States Department of Agriculture foods on file for 3 years
after the close of the federal fiscal year for which they pertain.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter
heading for Adm 600)
Adm 612.13 Procedures for Recipients.
(a) Participants in all programs described in
Adm 612 shall:
(1) Utilize
the first-in, first-out system of inventory rotation known as the "FIFO
System"; and
(2) Use
the carton containing donated commodities marked with the oldest date before
using more recently-dated cartons.
(b) Participants in programs described in Adm
612 shall practice proper handling and storage of all United States Department
of Agriculture donated commodities at all times, according to the standards set
forth at 7 CFR Chapter II, Section 250.14(b).
(c) Recipient agencies as defined in 7 CFR
Chapter II, Section 250.3 shall pay all service charges assessed in accordance
with 7 CFR Chapter II, Section 250.15(a) as are specified by the commissioner and approved by the United States
Department of Agriculture.
(d) The amount of the charges noted in (c) above
shall be sufficient to cover the average actual cost of handling as specified by the commissioner, after
receiving the recommendation of the director according to the criteria set
forth in RSA 21-I: 11, I(a)(6).
(e) The amount of the handling charge for
participants in all programs described in Adm 612 except for the emergency food
assistance program described in Adm 612.11, for which there will be no handling
charge, shall be $3.75 per case of food distributed to participants on or after
July 1, 2013.
(f) A recipient agency as defined in 7 CFR
Chapter II, Section 250.3 shall notify the surplus distribution section,
or any vendor retained by the surplus distribution section to store or distribute commodities, that it intends to pick up food from the
section’s facility, or the vendor’s facility, at least 24 hours prior to making
any pick-up.
(g) Surplus distribution recipients, and not the
state, shall be responsible for loading commodities that are received at the
state’s surplus distribution facility onto their trucks, for moving those
commodities to their destination, and for unloading such commodities.
(h) Surplus distribution
recipients, and not the state, or its vendor, if the state has retained a
vendor to store or distribute commodities,
shall be responsible from the point of delivery for those commodities that
are received at a location other than the state’s surplus distribution
facility.
(i) Surplus distribution recipients shall, at
the time commodities are received, count all commodities provided.
(j) Surplus distribution recipients shall, at
the time commodities are received, acknowledge, at a minimum, the following by
signing and dating an invoice provided by the surplus distribution section:
(1) The
types of commodities received;
(2) The
quantity of each commodity received;
(3) The
date of receipt;
(4) The
service charge per commodity; and
(5) The
total amount of service charges.
(k) If the person signing the invoice under (j)
above does not believe that any of the information contained thereon is
accurate, he or she shall so
indicate on the invoice.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 612.14 Termination.
(a) A recipient agency as defined in 7 CFR
Chapter II, Section 250.3 that fails to yearly renew an agreement with the
surplus distribution section shall be suspended from the program until such
time as the entity provides the agreement.
(b) As provided by 7 CFR Chapter II, Section
250.12(c)(3), agreements with the surplus distribution section may be
terminated by either party for cause upon 30 days notice.
(c) Either a recipient as defined in 7 CFR
Chapter II, Section 250.3 or the surplus distribution section shall have the
option to terminate any agreement under these rules provided the party gives 30
days written notice of its intent.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 612.15 Entities No Longer Wishing to Participate
In the Summer Food Service Program for Children or Charitable Institution
Programs. Entities which have, in
the previous year, been involved in the summer food service program for
children or charitable institution programs that do not again wish to participate in these programs shall
submit to the surplus distribution section a fully executed “Participation Form”,
as amended 7-20-2023, provided by the surplus distribution section.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)
PART
Adm 613 FEDERAL SURPLUS PROPERTY PROGRAM
Adm
613.01 Purpose and Scope.
(a) These
rules shall apply to applicants for the federal surplus property program
described in 41 CFR 102-37 and administered within this state by the
surplus distribution section established under RSA 21-I:12, I(a)(7).
(b) The
definitions, standards, guidelines, and
procedures for determination of eligibility for public agencies, eligible nonprofit tax-exempt
activities, veteran service
organizations, service educational
activities, small business administration activities, and veteran owned small businesses to participate in the federal surplus property program, to receive
surplus property, to use this property for authorized purposes and the
procedures relative to the administration of the federal surplus property
program shall be as set forth in 41 CFR 102-37.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff
7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
613.02 Definitions.
(a) “Eligibility application” means the document
provided to the surplus distribution section by the federal surplus property
program to facilitate the submission of information required under 41 CFR
102-37 and any supporting materials that are required thereby.
(b)
“Federal property records” means all documents in the possession of a donee
relating to property received under the federal surplus property program,
including eligibility application, the surplus distribution issue sheet, and
any other documents or records relating to the property, its use, or
disposition.
(c) “Federal surplus property program”
means the program for the distribution of surpluses or commodities donated by
the United States government that is handled by the surplus
distribution section under RSA 21-I:12, I(a)(7).
(d) “Letter
of determination” means a writing from the United States Internal Revenue
Service indicating that the applicant has been determined to be nonprofit and
tax exempt under 26 USC Section 501 of the Internal Revenue Code.
(e) “Surplus distribution issue sheet” means a prenumbered form available
from the surplus distribution section, to be signed by a recipient of federal
surplus property at the time of distribution of the property, which comports
with the requirements of 41 CFR 102-37.260.
(f) “Surplus distribution section”
means the unit of that name within the purchase and property function of
the New Hampshire department of administrative services, division of
procurement and support services, established by RSA 21-I: 12, I(a)(7).
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff
7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm 613.03 Applications and
Eligible Donees.
(a) To be eligible for
participation in the federal surplus property program, an
applicant shall:
(1) Pursuant
to 41 CFR 102-37.390, be an entity that falls within the definitions of
eligible entities listed in 41 CFR 102-37.380 as further defined in 41 CFR
102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public
Agencies and Nonprofit Organizations”;
(2) Submit
to the federal surplus property program a fully completed eligibility
application; and
(3)
Otherwise meet the standards for eligibility set forth in 41 CFR 102-37.
(b) Each applicant for
participation in the federal surplus property program shall submit to the
surplus distribution section a completed eligibility application.
(c) Applicants for the federal surplus property
program, and recipients of property under that program shall abide by all provisions and
requirements imposed on applicants for, and recipients of, federal surplus
property under 41 CFR 102-37.
(d)
Each applicant for participation in the federal surplus property program that
is a nonprofit organization under 41
CFR 102-37.445 shall, in addition to a fully executed "Federal
Surplus Property Program Eligibility Application”, as amended 7-20-2023, submit
to the surplus distribution section:
(1) A
letter of determination from the United States Internal Revenue Service
verifying that the applicant has been determined to be nonprofit and tax-exempt
under 26 USC Section 501, commonly known as section 501 of the Internal Revenue
Code;
(2) A
description, in the form of a pamphlet, letter, or other writing produced by
the applicant describing the specific programs and facilities operated by the
applicant;
(3) If
it is a requirement of one or more of the applicant’s programs that it be
approved, accredited, or licensed, within the meaning of 41 CFR 102-37.390 (b)
as further defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for
Determining Eligibility of Public Agencies and Nonprofit Organizations,” a
current copy of the applicant’s approval, accreditation, or license or any other form
of documentation specified at 41 CFR 102-37.395; and
(4) If
the applicant conducts programs for older individuals as defined in 41 CFR
102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public
Agencies and Nonprofit Organizations,” a certification from the applicant that
the program receives funds for this purpose.
(e)
Each applicant for participation in the federal surplus property program that
is a public agency shall, in addition to a fully executed eligibility
application, submit to the surplus distribution section:
(1) If
it is a requirement of one or more of the applicant’s programs that it be
approved, accredited, or licensed, within the meaning of 41 CFR 102-37.390 (b)
as further defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for
Determining Eligibility of Public Agencies and Nonprofit Organizations,” a
current copy of the applicant’s approval, accreditation, or license or any
other form of documentation specified at 41 CFR 102-37.395; and
(2) If
the applicant conducts programs for older individuals as defined in 41 CFR
102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public
Agencies and Nonprofit Organizations,” a certification from the applicant that
the program receives funds for this purpose.
(f) If the applicant is a service educational activity as defined in
41 CFR 102-37.25, the applicant shall, in addition to a fully executed
eligibility application, submit either:
(1) A
letter from the applicant on its official letterhead, signed by an individual
listed on the application form as authorized to act for the applicant, stating
that it is affiliated with a specific, named service educational activity
designated by the United States Department of Defense as eligible to receive
surplus Department of Defense property; or
(2) A
copy of the applicant’s charter, if that charter indicates that the applicant
is affiliated with a specific, named service educational activity designated by
the United States Department of Defense as eligible to receive surplus Department
of Defense property.
(g) If the applicant is a small business
administration activity, veteran service organization, or veteran owned small
business under 41 CFR 102-37, the applicant shall submit such supporting
materials as are required in the eligibility application.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm 613.04 Length of Validity of Executed Forms.
(a) Donees
shall retain all federal property records for not less than 3 years, except:
(1) Records involving property
subject to restrictions for more than 2 years shall be kept for one year beyond
the specified period of restriction; and
(2) Records involving property
in compliance status at the end of the period of restriction shall be kept for
at least one year after the case is closed.
(b) Eligibility
applications shall be valid either until the information submitted is no longer
accurate or until the expiration of the period set forth in (c) below,
whichever is earlier.
(c) Unless
the information provided becomes inaccurate at an earlier date, an executed
eligibility application shall be valid:
(1) In the case of a public
agency, for a period of 3 years from the time of its execution; and
(2) In the case of a nonprofit
organization, for whichever of the following occurs earlier:
a. The conclusion of a period
of one year from the date of their submission;
b. Expiration of the activity’s
nonprofit tax-exempt status; or
c. If the nonprofit
organization’s eligibility is dependent upon receiving appropriations, a
license, or a certification, expiration or termination of the license,
certification, or appropriation.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23
(see Revision Note at chapter heading for Adm 600)
Adm
613.05 Eligibility and Conditional Eligibility.
(a) Eligibility
of an applicant for donated property shall be determined in accordance with 41
CFR 102-37.
(b) Pursuant
to 41 CFR102-37.420 if an applicant’s eligibility is dependent upon receiving
licensure, accreditation, or approval, and if the applicant is otherwise
eligible, it shall be granted conditional eligibility if it submits a written
statement from any required approving, accrediting, or licensing authority
confirming that it will be approved, accredited, or licensed.
(c) Pursuant
to 41 CFR 102-37.425, conditional eligibility shall not be granted to a
potentially eligible nonprofit tax-exempt applicant before the surplus
distribution section has received a letter of determination from the United
States Internal Revenue Service stating that the applicant is exempt from
federal taxation under section 501 of the Internal Revenue Code.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
Adm
613.07 General Provisions.
(a) Pursuant
to 41 CFR 102-37.450 (a), all property acquired by a donee under the federal
surplus property program shall be transferred and accepted on an “as is and
where is” basis, without warranty of any kind.
(b) Pursuant
to 41 CFR 102-37.450 (a), a donee of property under the federal surplus
distribution program shall hold the state and federal governments harmless from
any and all debts, liabilities, judgments, costs, demands, suits, actions, or
claims of any nature arising from or incident to the donation of the property,
its use, or final disposition.
(c) In
accordance with 41 CFR 102-37.205 (b), a donee shall take conditional title to,
and all responsibility and liability for, the acquired property when the donee
executes the required certifications and agreements and takes possession of the
property.
(d) Unless
another period is provided for in these rules or 41 CFR 102-37, property
obtained under the federal surplus property program shall be put into use for
the purposes for which it was acquired within one year of receipt and shall
continue to be used for such purposes for one year from the date the property
was placed in use.
(e) Pursuant
to 41 CFR 102-37.450 (f), property obtained under the federal surplus property
program shall be used for an authorized purpose during the period of
restriction.
(f) Pursuant
to 41 CFR 102-37.450 (b), if the section determines that property held by a
donee is still usable, the donee shall return, at its own expense, any donated
property that:
(1) Is
not placed in use for the purposes for which it was donated within one year of
donation; and
(2) Ceases
to be used for the purposes for which it was donated within one year after
being placed in use.
(g) Except
in the case of items acquired by service education activities, passenger
vehicles and other items with a unit acquisition cost of $5,000 or more shall:
(1) Be
used only for the purpose for which they were acquired and no other purpose;
(2) Be
put into use for the purposes for which it was acquired within one year of
receipt; and
(3) Unless
a further period of restriction has been specified, be used for the purposes
for which they were acquired for a minimum period of 18 months from the date
the property was placed in use.
(h) Pursuant
to 41 CFR 102-37.450 (e), property obtained under the federal surplus property
program for which the federal government imposes special handling or use
limitations or conditions shall be handled and used in accordance with those
limitations or conditions.
(i) Pursuant
to 41 CFR 102-37.450 (g), a donee shall not cannibalize, as defined at 41 CFR
102-37.25, any item received under the federal surplus property distribution
program, or sell, trade, lease, loan, bail, encumber, or otherwise dispose of
property so received during the period of restriction, or remove it permanently
for use outside the state, without first obtaining the permission of the
federal government, conveyed in the form of written permission from the surplus
distribution section.
(j) A
donee wishing to obtain permission under (i) above shall submit a written
request to the surplus distribution section which describes what actions the
donee wishes to take and why.
(k) Pursuant
to 41 CFR 102-37, Appendix B, (d), the section shall specify at the time of a
return of property under (f) whether return shall be accomplished by either:
(1) Physical
return of the property to the section;
(2) Retransfer
directly to another donee, the state, or a federal agency; or
(3) Disposal
by sale or other means.
(l) A
donee returning property under (f) above shall return the property as specified
by the surplus distribution section under (k) above.
(m) The
following criteria shall be applied by the surplus distribution section in
assessing which of the methods in (k) above will be specified:
(1) The
nature of the property to be disposed of;
(2) The
terms of the agreement with the donee;
(3) The
particular federal requirements or instructions applicable to the property;
(4) The
potential use of the property to another donee; and
(5) The
efficiency or cost-effectiveness of the disposal of the property by particular
means.
(n) A
donee shall allow the surplus distribution section access to property received
through the federal surplus property program to conduct utilization reviews in
accordance with 41 CFR 102-37.480 in order to ensure that donated property is
being used by the donee for the purpose for which it was donated and in
accordance with federal regulations applicable to the property.
(o)
Pursuant to 41 CFR 102-37.55 and RSA 21-I:11, I(a)(6), the donee shall pay all
transportation costs and other direct and indirect costs incurred incident to
the donated property, including packing, handling, and crating.
(p) The
amount of the charge noted in (o) above shall be sufficient to cover the
average actual cost of handling as recommended on an annual basis by the
director according to the criteria set forth in RSA 21-I:11, I(a)(6).
(q)
The charge noted in (o) above shall cover all costs involved in acquiring and
distributing the surplus property, including the cost for personnel,
transportation, utilities, fuel, telephone, warehousing, storage, compliance,
insurance, printing, supplies, and travel.
Source. #8310, eff 5-11-05; ss by #10364, dff 7-1-13;
amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff
7-29-23 (see Revision Note at chapter heading for Adm 600)
Adm
613.08 Termination.
(a) In
accordance with 41 CFR 102-37.410, if any donee fails to maintain its
eligibility, distribution of property to that donee shall be terminated and any
usable property still subject to federal restrictions shall be recovered.
(b) A
donee that fails to comply with any written terms, restrictions, regulations,
or conditions applicable to the donation shall be terminated in accordance with
41 CFR 102-37.
(c) Unless
otherwise provided in the agreement or prohibited under 41 CFR 102-37, a donee
may terminate an agreement provided the donee gives 30 days written notice of
its intent to the surplus distribution section.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at
chapter heading for Adm 600)
APPENDIX
Rule Number |
Statute
Being Implemented |
Adm 601.01 |
RSA
21-I: 1, II (h) (i); RSA 21-I: 12; RSA 21-I: 18; RSA 21-I: 14, XII |
Adm 601.02 |
RSA
21-I: 1, II (h) (i); RSA 21-I: 11; RSA 21-I: 12; RSA 21-I: 14, XII |
Adm 601.03 |
RSA
21-I: 11, I (a) (2) and (3) |
Adm 601.04 |
RSA
541-A: 7 |
Adm 601.05 |
RSA
21-I: 18, II; RSA 541-A: 16, I (b); RSA 541-A: 22, IV; RSA
21-I: 14, XII-a; RSA 21-I: 13, I, V |
Adm 601.06 |
RSA
21-I: 1, II (h); RSA 21-I: 14, VIII; RSA 21-I: 11, II; 59 FR 52224; 62
FR 45934; 51 FR 6370; 48 CFR Chapter I, Subpart 9.4 |
Adm 601.07 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 17-a, II; RSA 541-A: 22, IV |
Adm 602.01 |
RSA
541-A:
7; RSA [KB1] 21-I: 1: II ; RSA 294-E: 2, VIII; RSA
21-I: 13, XV, XVI |
Adm 602.01 intro, (b), (ar), (at) |
RSA
541-A: 7; RSA 21-I: 11: I - II |
Adm
602.01 (a); (c); (e); (m);(x); (y);(ad);(ae); (ao); (aq) |
RSA 541-A: 7;
RSA 21-I: 1: II (b) |
Adm 602.01 (r), (s) |
RSA
541-A: 7; RSA 21-I: 11, I (a) |
Adm 602.01(u) |
RSA
541-A: 7; RSA 21-I: 17-a |
Adm 603.01 |
RSA
21-I: 1, II; RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA
541-A: 16, I (b) |
Adm 603.02 – Adm 603.03 |
RSA
21-I: 1, II; RSA 541-A: 16, I (b); RSA 541-A: 7; RSA 541-A: 19–b; RSA
21-I: 13, I, XV, XVI; RSA 21-I: 11-b; RSA 21-I: 14, XII; RSA
21-I: 11, II; 26 USC 6109 |
Adm 603.04 - Adm 603.05 |
RSA
21-I: 1, II; RSA 541-A: 16, I (b); RSA 21-I: 14, XII; RSA 21-I: 11, II |
Adm 604.01 |
RSA
21-I: 1, II (h); RSA 21-I: 11, II, III; RSA 541-A: 16, I (b); RSA
21-I: 14, XII |
Adm 604.01(b) |
RSA
21-I: 1, II (h), (i); RSA 21-I: 11, I (a) (1) and (2); RSA 21-I: 13, I; RSA
541-A: 16, I (b); RSA 21-I: 14, XII |
Adm 604.02 |
RSA
21-I: 1, II (h); RSA 21-I: 11, II, III; RSA 21-I: 12, I (a); RSA
541-A: 16, I (b); RSA 21-I: 13, I, XVI; RSA 294-E: 2, VIII; RSA
21-I: 14, XII; RSA 21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1; RSA
5: 18-a; RSA 6: 11, VIII; 48 CFR, Chapter I, Subpart 9.4 |
Adm 604.03 |
RSA
21-I: 13, I; RSA 21-I: 1, II (h); RSA 21-I: 11, II, III; RSA
541-A: 16, I. (b); RSA 21-I: 14, XII |
Adm 604.04 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I.; RSA 21-I: 11-c; RSA 21-I: 14, XII;
RSA 21-I: 11, II, III; RSA 21-I: 11-c; RSA 21-I: 12, I (a); RSA
21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1, I.; RSA 5: 18-a; RSA
6:11, VII; 48 CFR, Chapter I, Subpart 9.4; RSA 638.20 |
Adm 604.05 |
RSA
21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 21-I: 11-c; RSA 21-I: 13, I; RSA
21-I: 14, XII; RSA 21-I: 11, II, III; RSA 541-A: 1, XV; RSA 3-C:1, I; RSA
6:11, VII; 48 CFR, Chapter I, Subpart 9.4 |
Adm 604.06 |
RSA
21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 21-I: 11, II, III; RSA
21-I: 14, XII |
Adm 604.07 |
RSA
21-I: 11-c; RSA
[KB2] 21-I: 13, I; RSA 21-I: 1, II (h); RSA 541-A: 16, I
(b); RSA 541-A: 19-b; RSA 21-I: 11, II, III; RSA 21-I: 14, XII |
Adm 604.07 (d) intro |
RSA
541-A: 7 |
Adm
604.08 – Adm 604.09 |
RSA
21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 541-A: 19-b; RSA
21-I: 11, II, III; RSA 21-I: 14, XII; RSA 21-I: 11-c; RSA 21-I: 13, I |
Adm 604.08 (e) |
RSA
541-A: 7 |
Adm 604.09 (c) |
RSA
541-A: 7 |
Adm 604.10 |
RSA
21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 541-A: 19 –b; RSA
21-I: 13, I; RSA 21-I: 11, II, III; RSA 21-I: 14, XII; RSA 4: 15 |
Adm 605.01 |
RSA
21-I: 1, II (h); RSA 21-I: 11-c; RSA 541-A: 16, I (b); RSA
21-I: 13, I; RSA 21-I: 14, XII; RSA 21-I: 11, II, III; RSA
541-A: 1, XV; RSA 6:11, VII; 48 [KB3] CFR, Chapter I, Subpart 9.4; RSA
21-I: 11-c, V |
Adm 605.02 |
RSA
21-I: 1, II (h); RSA 21-I: 11, II; RSA 21-I: 14, XII |
Adm 605.03 |
RSA
21-I: 12, I (a); RSA 21-I: 1, II (g); RSA 21-I: 11-c; RSA 21-I: 13, I; RSA
21-I: 11, II; RSA 21-I: 14, XII |
Adm 606.01 |
RSA
21-I: 1, II (h); RSA 21-I: 11-b; RSA 541-A: 16, I (b); RSA
541-A: 1, XV; RSA 21-I: 13, I; RSA 21-I: 13-a, II; RSA
21-I: 11, II, III; RSA 21-I: 14, XII |
Adm 606.02 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 14, XII |
Adm 606.03 |
RSA
21-I: 1, II (h), (i); RSA 21-I: 13, I; RSA 21-I: 11, I (a) (1) and (2); RSA
[KB4] 21-I: 14, XII |
Adm 606.04 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA [KB5] 541-A: 16 (b); RSA 21-I: 11, II; RSA 21-I: 12, I
(a); RSA 21-I: 14, XII; RSA 277-A: 4, 5 |
Adm 606.05 - Adm 606.06 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 12, I (a); RSA
21-I: 14, XII |
Adm 606.07 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 541-A: 16 (b); RSA
21-I: 14, XII |
Adm 606.08 – Adm 606.10 |
RSA
21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 14, XII |
Adm 606.11 |
RSA
21-I: 11-c; RSA 21-I: 1, II (h); RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA
21-I: 13, I; RSA 541-A: 16 (b) |
Adm 606.11(a) |
RSA
541-A: 7; RSA 21-I: 11-c |
Adm 606.11(b) |
RSA
541-A: 7; RSA 21-I: 11-c |
Adm 607.01 |
RSA
21-I: 1, II (b), (h); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b); RSA
541-A: 19–b; RSA 21-I: 11, I (f); RSA 21-I: 17-a; RSA 21-I: 11, II; A
21-I: 14, XII; RSA 21-I: 11, XI, XII |
Adm 607.01 (b) intro |
RSA
541-A: 7; RSA 21-I: 11, II (f) |
Adm
607.01 (e) |
RSA 21-I: 1, II
(h); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b) (1); RSA 21-I: 17-a;
RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA 21-I: 11,
XI, XII; RSA 21-I: 1: II (b) |
Adm 607.01 (f), (g) |
RSA
541-A: 7; RSA 21-I: 11, I (a) (8) and (9) |
Adm 607.02 |
RSA
21-: 1, II (b), (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b); RSA
541-A: 1, XV; RSA 21-I: 11, II, III; RSA 21-I: 14, XII |
Adm
607.02 (b) |
RSA 21-I: 1, II
(h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b); RSA 21-I: 11,
II, III; RSA 21-I: 14, XII; RSA 21-I: 1: II (b) |
Adm 607.03 |
RSA
21-I: 1, II (b), (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b); RSA
541-A: 1, XV; RSA 21-I: 11, II, III; RSA 21-I: 14, XII |
Adm
607.03 (a), (b) |
RSA 21-I: 1, II
(h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b); RSA 21-I: 11,
II, III; RSA 21-I: 14, XII; RSA 21-I: 1: II (b) |
Adm 607.03 (a) intro |
RSA
541-A: 7; RSA 21-I: 11, I (a) (2) (B) |
Adm 607.03 (c) |
RSA
541-A: 7; RSA 21-I: 11, I (a) (2) (B) |
Adm
607.04 – Adm 607.05 |
RSA
21-I: 1, II (h), (e); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b); RSA
21-I: 11, II; RSA 21-I: 14, XII; RSA 21-I: 1: II (b) |
Adm 607.06 |
RSA
21-: 1, II (b), (e), (h); RSA 21-I: 13, V; RSA 21-I: 11, II, V.; RSA
21-I: 14, XII; RSA 541-A: 19 –b |
Adm
607.06 (b) (3) |
RSA 21-I: 1, II
(h), (e); RSA 21-I: 13, V; RSA 21-I: 11, II, V.; RSA 21-I: 14,
XII; RSA 21-I: 1: II (b) |
Adm 607.07 |
RSA
21-I: 17-a; RSA 21-: 1, II (b), (e), (h); RSA 21-I: 13, I, V; RSA
21-I: 11, II, V; RSA 541-A: 16, I (b); RSA 21-I: 14, XII |
Adm
607.07 (b) |
RSA 541-A: 16, I
(b); RSA 21-I: 1, II (e), (h); RSA 21-I: 13, I, V.; RSA 21-I: 11,
II, III, V; RSA 21-I: 14, XII; RSA 21-I: 1: II (b) |
Adm 607.08 |
RSA
541-A: 16, I (b); RSA 21-: 1, II (e), (h); RSA 21-I: 13, I, V.; RSA
21-I: 11, II, III, V; RSA 21-I: 14, XII |
|
|
|
|
|
|
Adm 608.01 |
RSA
541-A: 16, I (b); RSA 21-I: 12, I (c); RSA
21-I: 14, XII.; 21-I: 1: II (b); RSA 21-I: 11, II, III, IV |
Adm 608.01 (a) |
RSA
541-A: 7; RSA 21-I: 11, I (a) (3) |
Adm 608.01 (b) intro |
RSA
541-A: 7; RSA 21-I: 11, I (a) (3) |
Adm
608.01 (b) (1) |
RSA 541-A: 16, I
(b); RSA 21-I: 12, I (c); RSA 21-I: 14, XII; RSA 21-I: 1: II
(b); RSA 21-I: 11, II, III, IV |
Adm 608.02 |
RSA
541-A: 16, I (b); RSA 21-I: 12, III; RSA 21-I: 1, II (l); RSA
21-I: 82, II |
Adm 608.03 |
RSA
541-A: 16, I (b); RSA 21-I:11, I (a) (1); RSA 21-I: 14, XII |
Adm 609.01 |
RSA
541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 38; RSA
21-I: 11, II; RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 14, XII |
Adm 609.01 (c) (2) |
RSA
541-A: 7 |
|
|
|
|
Adm 610 - Reserved |
|
Adm 611.01 |
RSA
541-A: 7 |
Adm 611.01 (a) |
RSA
541-A: 7; RSA 21-I: 11, II (b) |
Adm 611.01 (d), (g) |
RSA
541-A: 7; RSA 21-I: 12, I (a) (6) |
Adm 611.01 (h) intro |
RSA
541-A: 7; RSA 21-I: 12, I (a) (6) |
Adm 611.02 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 16, I (b); RSA 21-I: 14, X; RSA 541-A: 19-b |
Adm 611.03 – Adm 611.04 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c); RSA 21-I: 12[KB8] , I (b), (d) and (e); RS[KB9] A 541-A: 16, I (b); RSA 21-I: 13, I, V, X; |
Adm 611.03 (d) (2) |
RSA
541-A: 7; RSA 21-I: 12, I (a) (5) |
Adm
611.03 (f) (1) e. 1. and 3. |
RSA
21-I: 1: II (b); RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA
21-I: 13, I, V, X; RSA 541-A: 16, I (b) (1) |
Adm 611.03 (f) |
RSA
541-A: 7; RSA 21-I: 1, II (b), (h); RSA 21-I: 12, I (a) (5) – (7); RSA
541-A: 16, I (b); RSA 21-I: 13, I, V, X |
Adm 611.05 |
RSA
21-I: 1, II (h); RSA 21-I: 11, I (b); RSA 21-I: 12, I (d); RSA
21-I: 13, I, V, X; RSA 541-A: 16, I (b); RSA 541-A: 1, XV; RSA
541-A: 19-b |
Adm 611.06 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 11, VIII; RSA
21-I: 13, I, V, X; RSA 541-A: 16, I (b); RSA 21-I: 14, X |
Adm 611.06 (a) |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 11, I (a) (6); RSA
21-I: 13, I, V; RSA 541-A: 16, I (b); RSA 21-I: 14, X |
Adm 611.07 |
RSA
21-I: 1, II (b), (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 16, I (b); RSA 541-A: 19 –b; RSA 541-A: 1, XV; RSA
21-I: 14, X |
Adm 611.08 |
RSA
21-I: 1, II. (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 16, I (b); RSA 21-I: 14, X; RSA 21-I: 19-i |
Adm 611.09 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 1, XV; RSA 21-I: 14, X |
Adm 611.10 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 1, XV; RSA 541-A: 16, I (b) |
Adm 611.11 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA
541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 7; RSA 21-I: 14, X |
Adm 611.11 (e) |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 13, I, V; RSA
541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 7; RSA 21-I: 14, X |
Adm 611.12 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X |
Adm 611.13 |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, X; RSA
21-I: 14, X |
Adm 611.13 (a) |
RSA
21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 13, I, X; RSA
21-I: 14, X |
Adm 611.14 |
RSA
21-I: 1, II (h); RSA 541-A: 16, I (b); RSA [KB10] 21-I: 12, I (c)
– (e); RSA
21-I: 13, I, X |
Adm 611.15 – Adm 611.16 |
RSA
21-I: 1, II (a), (c) – (e), (h); RSA 21-I: 11, I (a) (6); RSA 21-I: 13, I, X;
RSA 21-I: 14, XI; RSA 21-I: 12, I (a) (5) and (6) |
Adm 611.17 |
RSA
21-I: 17-c; RSA 21-I: 13, I, X; RSA 21-I: 1, II (a), (c) – (e), (h); RSA
21-I: 12, I (c) – (e); RSA 9-C |
Adm 611.18 |
RSA
21-I: 13, I, X; RSA 21-I: 1, II (a), (c) – (e), (h); |
Adm 612.01 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR, Chapter II, Parts 210 – 299; RSA 21-I: 1, II (h) |
Adm 612.02 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR, Chapter II, Parts 210 – 299; RSA 541-A: 7 |
Adm 612.03 |
RSA
541-A: 7 |
Adm 612.03 (b) |
RSA
541-A: 7; RSA 21-I: 12, I (a) (7) |
Adm 612.13 (d) |
RSA
541-A: 7; RSA 21-I: 11, I (a) (6); RSA 21-I: 12, I (a) (7) |
Adm 612.04 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA 186: 13, XI; 7
CFR Chapter II, 250.12; 7 CFR, Chapter II, Parts 210, 226, 225; RSA
21-I: 1, II (h) |
Adm 612.05 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 19–b; 7 CFR Chapter II, 250.12; RSA 21-I: 1, II (h) |
Adm 612.06 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 19–b; 7 CFR Chapter II, Part 210; RSA 21-I: 1, II (h) |
Adm
612.07 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 16, I (b); 7 CFR Chapter II, Part 226; 7
CFR Chapter II, Section 250.12; RSA 21-I: 1, II (h) |
Adm 612.08 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 19–b; 7 CFR Chapter II, Part 225, 215; RSA 485-A: 24; CFR
Chapter II, Sect. 250.21; 7 CFR Chapter II, Section 250.12; RSA
21-I: 1, II (h) |
Adm 612.09 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 19–b; 7 CFR Chapter II, Section 250.62; 7
CFR Chapter II, Section 250.12; 7 CFR Chapter II, Sect. 250.21; 7
CFR Chapter II, Sect. 250.67; RSA 485-A: 24; RSA 21-I: 1, II (h) |
Adm 612.10 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA
541-A: 19–b; 7 CFR Chapter II, Section 250.12; 7
CFR Chapter II, Sect. 250.67; RSA 21-I: 1, II (h)[BK12] |
Adm 612.11 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR Chapter II, Part 251; RSA 21-I: 1, II (h) |
Adm 612.12 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA 21-I: 1, II (h); 7 CFR
Chapter II, 250.16 (a), (b) |
Adm 612.13 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR Chapter II, 250.14; 7 CFR Chapter II, Section 250.15; RSA
21-I: 11, VIII; RSA 21-I: 14, XI; RSA 541-A: 16, I (b); RSA
21-I: 1, II (h) |
Adm 612.14 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR Chapter II, Section 250.12; RSA 21-I: 1, II (h) |
Adm 612.15 |
RSA
21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; 7
CFR Chapter II, Section 250.12 (c); 7 CFR Chapter II, 250.40; 7
CFR Chapter II, 250.41; 7 CFR Chapter II, Part 225; RSA
541-A: 16, I.(b); RSA 21-I: 1, II(h) |
Adm 613.01 |
41
CFR 102-37; RSA 21-I:13, X; RSA 21-I: 12, I (a) (7) |
Adm 613.01(a) |
RSA
541-A:7; RSA 21-I:12, I (a) (7); 41 CFR 102-37; RSA 21-I:13, X |
Adm 613.02 |
RSA
541-A:7 |
Adm 613.02 (b), (e) |
RSA
541-A:7; RSA 21-I:12, I (a) (7) |
Adm 613.03 |
RSA
21-I:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7); RSA
541-A:19–b; 41 CFR 102-37, Appendices B and C; 41 CFR
102-37.25; 41 CFR 102-37.380; 41 CFR 102-37.390; 41
CFR 102-37.395; 14 CFR 102-37.400; 41 CFR 102-37.445 |
Adm 613.04 |
RSA
21-I:12, I (e); RSA 21-I:13, X.; RSA 21-I: 12, I (a) (7); 41
CFR 102-37, Appendix B, paragraph (p); 41 CFR 102-37.405 |
Adm 613.05 |
RSA 21-I:13, X; 41 CFR 102-37; RSA 21-I: 12,
I (a) (7) 41
CFR 102-37.425; 41 CFR 102-37, Appendix B |
Adm 613.06 |
RSA
21-I:13, X; RSA 541-A:16, I (b); 41
CFR 102-37.435; 41 CFR 102-37.260; 41; CFR [KB13] 102-37.200 –
205; RSA 21-I: 12, I (a) (7); 41 CFR 102-37.390; 41 CFR 102-37.445; 41 CFR
102-37.450 |
Adm 613.07 |
RSA
21-I:13, X; RSA 541-A:16, I (b); 41
CFR 102-37.450; 41 CFR 102-37, Appendix B; 41
CFR 102-37.480; 41 CFR 102-37.205; 41 CFR 102-37.280; 41
CFR 102-37.55; RSA 21-I:11, VIII.; [KB14] 40 USC Section
484 (j) (4) (D); 41 CFR 102-37.25; RSA 21-I: 12, I (a) (7) |
Adm
613.07 (o) |
RSA
541-A:7; RSA 21-I:11, I (a) (6); 41 CFR 102-37.55; RSA 21-I: 12, I (a) (7) |
Adm 613.07 (p) |
RSA
541-A:7; RSA 21-I:11, I (a) (6); RSA 21-I: 12, I (a) (7) |
Adm 613.08 |
RSA
21-I:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7); 41
CFR 102-37; 41 CFR 102-37.410 |
[KB1]Editorial Change: Remove extra space
[KB2]Editorial Change: Remove extra space
[KB3]Editorial Change: Remove extra space
[KB4]Editorial Change: Remove extra space
[KB5]Editorial Change: Add missing Space
[BK6]Adopted text has no section
[BK7]Adopted Text has no section
[KB8]Editorial Change: Remove Extra Space
[KB9]Editorial Change: Remove extra space
[KB10]Editorial Change: Remove extra space
[KB11]Editorial Change: Remove extra space
[BK12]Editorial Change: Remove extra bracket
[KB13]Editorial Change: Add missing space
[KB14]Editorial Change: Remove extra space