28:8-e Competitive Bidding; Hillsborough County. –
Notwithstanding RSA 28:8, the procedures for competitive bidding in Hillsborough county shall be as follows:
I. All purchases made by Hillsborough County for materials, equipment, supplies, services, insurance, building repairs or any other item, in an amount exceeding $10,000 shall be by competitive bidding. Awards for such purchases shall be made to the lowest responsible bidder. Orders for purchases to be delivered at different times where the single delivery may be less than $10,000, but the total order exceeds that amount shall be construed as coming within the provisions of this section requiring competitive bidding.
II. In determining "lowest responsible bidder", in addition to price, the following shall be considered:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(g) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(i) The number and scope of conditions attached to the bid.
III. All bids in an amount exceeding $10,000 sought pursuant to this section shall be subject to review by the executive committee. Nothing in this chapter shall be construed to prevent the executive committee from establishing further guidelines and procedures to be followed in purchasing and bidding.
IV. If the cost of the service is fixed by law, competitive bidding shall not be required.
V. If the proposed purchase is manufactured by only one company, or if it is deemed advisable to make a purchase from a specific company to reduce costs of maintaining additional parts, the county commissioners, at the request of the department concerned, are authorized to waive competitive bidding procedures, subject to review of this decision by the executive committee.
VI. Competitive bidding by a department shall not be required if items can be procured through the state of New Hampshire, department of administrative services, division of procurement and support services either by direct purchase or from the state supplier at the state price, provided the department files a full report with the county commissioners and with the executive committee.
VII. Competitive bidding shall not be required where a department is able to negotiate prices for items of purchase that are lower than bid prices for the same material in the same transportation zone, provided the department files a full report with the county commissioners and with the executive committee substantiating the fact.
VIII. Competitive bidding shall be interpreted to include guaranteed annual cost purchasing whenever applicable whenever this factor is considered to be of value in obtaining the lowest possible annual cost for the department, insofar as this is in agreement with the line item budget appropriation established in the county budget.
IX. In case of an emergency which requires immediate purchase of supplies or contractual services, the department concerned is authorized to secure by open market procedure, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. A full report of the circumstances of the emergency purchase shall be filed with the county commissioners and with the executive committee and shall be open to public inspection.
X. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
Source. 1975, 401:1. 1979, 200:4. 1985, 60:2, eff. June 28, 1985. 1998, 50:2, eff. July 4, 1998. 2014, 327:51, eff. Aug. 2, 2014. 2023, 126:5, 6, eff. Aug. 29, 2023.