Department
of Administrative Services
State
House Annex
CHAPTER
Adm 600 PROCUREMENT AND PROPERTY RULES
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 departments’ 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 any person or
association seeking to provide commodities or services to the state as a
vendor, as described in that part.
(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 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)
The informal resolution procedures of Adm 609 shall apply only to
matters arising through the division’s bureau of purchase and property.
(h)
Adm 610 shall apply to all agencies renting or seeking to rent space in
a building through the department of administrative services’ division of plant
and property, bureau of planning and management, to the extent not exempted by
RSA 21-I:18 or other law.
(i) 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.
(j) 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.
(k)
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.
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
Adm 601.02 Purpose of Rules.
(a)
These rules implement RSA: 21-I by:
(1) Setting forth requirements for persons or
associations wishing to provide the state
commodities or services within the scope of these rules;
(2) Setting forth purchasing and leasing
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 code numbers 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
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
Adm 601.04 Time.
Unless otherwise specified, all times expressed by the division of
procurement and support services, the division of plant and property or the
division of public works design and construction, 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
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 his or her designee may waive the provisions of
RSA 21-I or these rules relative to purchases when requested by the executive
head of any department or agency or his or her designee to prevent the loss of
any federal or other funds subject to recapture.
(b)
A waiver under (a) above shall be requested by submitting to the
division a written request, which the division shall forward to the commissioner
of administrative services, containing, at a minimum:
(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 his or her authorized designee.
(c)
In addition to the written request under (b) above, the agency making
the request shall submit to the division
a completed requisition form.
(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
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
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 600 if he or she concludes that
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
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 the integrated financial
system, 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 the
integrated financial system.
(d)
“Apparent low bidder” means the person or association 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 the integrated financial
system 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 person or association to a contract.
(h) “Bidder” means a person or
association 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 tracking
in the integrated financial system, also known as “certification code.”
(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 person or association 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
$500.
(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 the integrated financial system, also known as the designated company
entry within that system.
(y) “Integrated
financial system” means the statewide electronic system used by the state to
track funds for the purposes of budgeting, financial accounting, financial
reporting and financial management.
(z) “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.
(aa) “Material data
safety sheet” 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.
(ab)
“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.
(ac) “Notice of contract” means
a statement by the division announcing the specifics of a contract that has
been awarded for commodities or services.
(ad) “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 the integrated financial system, 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.
(ae)
“Other purchasing vendor” means a vendor that is selected or recommended by the division to provide commodities
or services to the state of
(af)
“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.
(ag)
“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.
(ah)
“Preprinted” means stated on an electronic or hard-copy document
prepared and made available by the division.
(ai)
“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
(aj)
“Request for bid (RFB)” means an invitation identified by the state as
an RFB wherein persons or associations are invited to submit an offer to
provide specified commodities or services to the state at a price proposed by
the bidder.
(ak)
“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 persons or associations 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.
(al)
“Request for quotation” (RFQ)” means an invitation identified by the
state as an RFQ wherein persons or associations are invited to provide
specified commodities or services to the state at a price proposed by the
bidder.
(am)
“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.
(an) “Requisitioner”
means the individual authorized by an agency to make a requisition from the
division on behalf of an agency.
(ao)
“Requisition form” means the requisition available for use by an agency when requesting the procurement of
commodities or services through the state’s integrated financial system.
(ap)
“Requisition number” means an assigned number appearing on a requisition
form.
(aq)
“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 the integrated
financial system.
(ar)
“Services” means “services” as defined in RSA 21-I: 11, II (f).
(as)
“Signature” means, unless otherwise specified, a hand written signature
or an electronic signature as defined in
RSA 294-E: 2, VIII.
(at)
“Sole source provider” means a provider of commodities or services to
the state pursuant to RSA 21-I: 11, I (a) (2) (B).
(au)
“Specifications of a bid” means a statement set forth in a request for
quotation, a request for proposal, a request for bid, or in any other way, that
identifies or describes the details or particulars of a commodity or service
that the state wishes to procure.
(av)
“Split delivery” means delivery of goods by a vendor in more than one
shipment.
(aw)
“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.
(ax)
“Unit price” means the price at which a person or association offers to
provide a single item or service to the state.
(ay)
“Vendor” means a person or association that provides, or
has provided, commodities or services to the state of
(az)
“Vendor code number” means an identifying number assigned by the
division to a particular vendor, or to a person or association seeking to provide commodities or
services to the state of
(ba) “Written” means, unless otherwise specified,
printed by hand or provided by any other method of representing words and
letters, including by 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
PART
Adm 603 VENDOR CODE NUMBER REQUIREMENTS
Adm 603.01 Code Number for Vendors.
(a)
Any person or association seeking to provide commodities or services to
the state as a vendor who has not otherwise been assigned a vendor code number
shall apply for a vendor code number.
(b) Only persons or associations possessing a
vendor code number shall, unless otherwise specified in the particular
requirements of the bid, submit responses to RFPs, RFBs and RFQs.
(c)
Every applicant which does not already possess a vendor code number and which submits the forms described
in Adm 603.02 and 603.03 below shall
be assigned a vendor code number.
(d)
Requirements relating to vendor code numbers for persons or associations
providing space in a building for rent to the state of
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
Adm 603.02 Application Procedure for Bidders, Other
Purchasing Vendors or Prospective Bidders or Other Purchasing Vendors Seeking
to Obtain a Vendor Code Number.
(a)
To apply for a vendor code number under this part, a bidder, a prospective
bidder, an other purchasing vendor, or a
prospective other purchasing vendor shall submit to the division:
(1)
A fully executed vendor code number – W-9 application form; and
(2) A fully
executed W-9 form as described in Adm 603.03 below.
(b)
On the vendor code number
- W-9 application form noted in (a)
above, the applicant shall provide the
following information in the spaces indicated on the form:
(1) The applicant’s name as shown on the
applicant’s federal income tax return, business
address, telephone number and e-mail
address;
(2) The applicant’s web site address, mobile
telephone number, toll free number; and fax number, if any;
(3) Any business name of the applicant, if
different from the name identified in (1) above;
(4) The name which is to be used in making
payments, if any;
(5) The name of the particular person, if any,
whom the applicant wishes the
division to list as a contact and,
if different from number (1) above, the business address, telephone number and
e-mail address of the contact person;
(6) Whether the address to which any billing
information or payments, if any, are to be remitted is the same as the address
in (1) above and, if not, the address for remittance;
(7) The applicant’s taxpayer identification
number as used on United States Internal Revenue Service tax returns, either in
the form of a social security number or federal identification number
(EIN/FIN);
(8) Whether
or not the applicant is a
(9) The
state, if any, in which the applicant has been incorporated or organized;
(10) Whether
or not the applicant has a principal place of business in
(11) Whether or not, if required by law, the
applicant is registered with the
(12) Whether or not, if the applicant is an
out-of-state business providing services in the state of
(13) If registered with the
(14) Whether the applicant is:
a. An individual or sole proprietorship;
b. A corporation;
c. A partnership;
d. A limited liability company and, if so,
whether the federal tax classification of the company is either as:
1. A corporation;
2. A partnership; or
3. A disregarded entity under 26 CFR part 301 of
the United States Internal Revenue regulations;
e. A governmental entity;
f. An estate or trust; or
g. An other form of organization;
(15) Whether the applicant is:
a. A non-profit organization and, if so, a copy
of the organization’s tax exemption document;
b. A legal services provider; or
c. A health care provider;
(16) Whether the applicant’s principal activities
are as:
a. A service provider;
b. A product or merchandise provider; or
c. Another type of provider;
(17) An identification of the commodities or
services which the applicant proposes to provide to the state, identified by
the names of the commodities or services and the commodity code number of those
commodities or services;
(18) Any special instructions, explanations,
international phone numbers, or comments which the applicant wishes to provide;
(19) The
signature of the applicant on a statement provided on the form stating that:
a. The person submitting the form is duly
authorized to do so on behalf of the applicant;
b.
The information provided on the vendor’s application form is true, accurate and
complete;
c. The
applicant certifies to the foregoing subject to penalty of perjury under the
laws of the United States and subject to the applicable penalties of RSA 641:1
through 3; and
d. The applicant
acknowledges that, pursuant to RSA 641:3, knowingly making a false
representation on the application form is punishable as a crime; and
(20) The name of the person signing the form, his
or her position in the applicant business and the date of the signature
described in (19) above.
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
Adm 603.03 Submission of W-9 Form.
(a)
Individuals or associations seeking to obtain a vendor code number under
Adm 603.02 (a) or to provide goods or services to the state shall, in addition
to executing and submitting the vendor code number – W-9 application form 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
Adm 603.04 Vendor Code Number List. The division
shall maintain a list of persons and associations who have been assigned vendor code numbers, which list 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
Adm
603.05 Updating of Information by
Applicants for a Vendor Code Number.
(a)
Persons or associations who have applied for or been issued a vendor
code number shall immediately submit a written correction of any information
appearing on, or filed in conjunction with, a vendor’s code number -
W-9 application
form which is not accurate, or which becomes inaccurate.
(b)
An individual or authorized representative of an association submitting
a correction under (a) above shall:
(1) Sign and date the document; and
(2) Certify by the person’s signature that:
a. The person submitting the correction is duly authorized
to do so on behalf of the applicant;
b. The information provided in order to correct
the vendor’s application is true, accurate and complete;
c. The
applicant certifies to the foregoing subject to penalty of perjury under the
laws of the United States and subject to the applicable penalties of RSA 641:1
through 3; and
d.
Pursuant to RSA 641:3, the person acknowledges that knowingly making a false
representation on the correction of the vendor’s application form is punishable
as a crime.
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
PART Adm 604
BIDDING REQUIREMENTS
Adm 604.01 Bids, Quotations and Proposals Generally.
(a)
In each RFP, RFQ or RFB subject to these rules, the division shall
specify in the requirements or specifications of the bid, which of the
following is required of bidders:
(1) A written price quotation; or
(2) A written bid or 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
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 writing including all sheets, sides or pages of the form described in Adm 604.07, Adm 604.08 or Adm 604.09 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.
(b)
A bidder’s signature on the forms noted 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 forms,
including those terms which are to apply if the bidder is selected to provide
commodities or services to the state.
(c)
The contents of the forms described in Adm 604.07, Adm 604.08 or 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 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 Adm 604.03 (d) and Adm 606.01 (k).
(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)
If facsimile transmissions, electronic submissions other than facsimile
transmissions, or a combination thereof,
are not prohibited under the requirements or specifications of the
particular bid, bids, quotations or proposals submitted by facsimile
transmission or other electronic transmission shall:
(1) In order to be timely, be submitted, and
actually be 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;
(3) Be legible; and
(4) Include a signed copy of all pages of a document
described at Adm 604.07, Adm 604.08 or Adm 604.09 below,
as specified by the division, which contain information provided
by the bidder, or such other alternative document as
specified in the requirements of the bid, together with any addenda or
attachments thereto
which contain information provided by the bidder.
(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, unless otherwise specified in the
requirements or specifications of the bid, the state shall not return samples
or items left for demonstration purposes that have not been removed by the
bidder.
(n)
The amount of bids or proposals shall not include the amount of 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
604.06 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
(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 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 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 which
may be allowed in the context of final offer negotiations under Adm 606.02, and
provided that a bidder may withdraw bids in full if allowed under 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
Adm 604.03 Requests for Changes to Bids, Quotations
and Proposals.
(a)
Persons or associations shall
submit bids, quotations or
proposals as specified by the requirements or specifications of the bid, but
any person, association or agency may request changes to those requirements or specifications by submitting the
requested changes to the division in writing.
(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
2. That it is desirable in view of the foregoing
factors and any review conducted by the
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) through (4)
above.
(d)
If a bidder has altered, modified, deleted or taken exception to the
preprinted contents of a form 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)
The provisions of (d) above and Adm 606.01
(k) relative to withdrawal of alterations, deletions, modifications or
exceptions to requirements or specifications of a bid shall not 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, requests for which shall be handled in accordance with 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
Adm 604.04 Disqualification. Unless the disqualifying nonconformity is
subject to correction and cure, and is corrected and cured, a bid, quotation or
proposal shall not be qualified if:
(a)
The bid, quotation or proposal is not filed by the date and time
specified in the requirements or specifications of the bid, or, in the case of
inclement weather, any extended period allowed under Adm 604.02 (d);
(b)
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 604.07, Adm 604.08 or 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 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;
(d)
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;
(e)
The quotation, bid or proposal is not signed in accordance with Adm
604.06;
(f)
The person or association 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;
(g)
The person or association 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;
(h)
The person or association, 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;
(i)
The person or association, or
any of its subsidiaries, affiliates or principal officers, provided false, deceptive or fraudulent information on a vendor code number 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;
(j)
If the bid, quotation or proposal involves federal funds, the person or
association 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;
(k)
The person or association, 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;
(l)
The person or association, 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;
(m)
The person or association 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;
(n)
Monetary figures contained in the bid, proposal or quotation are not
expressed in
(o)
The bid, quotation or proposal purports to be transferable;
(p)
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;
(q)
The person or association submitting a bid, quotation or proposal is not
the person or association that will be responsible for complying with the terms
and conditions of any contract entered into with the state;
(r)
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;
(s)
The person signing the bid, quotation or proposal is not authorized to
bind the bidder to the bid, quotation or proposal;
(t)
The bid, quotation or proposal is not legible;
(u)
The bid, quotation or proposal is not written in English;
(v)
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;
(w)
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 604.07, Adm
604.08 or 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);
(x)
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;
(y)
Sample or demonstration units are offered by the bidder to the state as
new commodities;
(z) The bidder does not abide by, or agree to
abide by, these rules or any of the requirements or specifications of the bid;
(aa) 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;
(ab) The bidder does not possess a vendor code
number;
(ac)
The person or association, 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;
(ad) The person or association, 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 person or association, 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;
(ae)
The person or association, 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;
(af)
The person or association, 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;
(ag)
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;
(ah)
The person or association, 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;
(ai)
The bidder fails to submit the affidavit required by RSA 21-I: 11-c, I
(b), described in Adm 604.07 (d) below;
(aj)
The bidder’s affidavit described in Adm 604.07 (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;
(ak)
The bidder’s affidavit described in Adm 604.07 (d) below 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; or
(al)
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
Adm 604.05 Review of Bids, Quotations and Proposals, Including Correction and Cure.
(a)
Unless the process is cancelled
by the state, 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, unless the process is cancelled by the state, the division shall, in
writing, notify apparent low bidders submitting timely bids which, on initial
review, do not appear to conform to these rules and the requirements of the bid
of:
(1) Nonconformities which are subject to
correction and cure;
(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, which deadline shall, unless otherwise specified in the notice, be
by the close of business on the third business day after the date of the
notice.
(d)
In the case
of an RFP, unless the process is cancelled by the
state, the division shall, in writing, notify persons or associations submitting
timely proposals which, on initial review, do not appear to conform to these
rules and the requirements of the bid of:
(1) Nonconformities which are subject
to correction and cure;
(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, which deadline shall, unless otherwise specified in the notice, be
by the close of business on the third business day after the date of the
notice.
(e)
If, by the deadline established under (c) or (d) above:
(1) The person or association 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,
unless the process is cancelled by the state, process the bid or proposal as if
the bid or proposal had originally been in conformity therewith; or
(2) The person or association 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, unless the process is cancelled by the state, 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 handled in accordance with Adm 604.06 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 at Adm 606.01.
(j)
The following items which disqualify a bid, quotation or proposal on
initial review shall not be subject to correction and cure by a bidder:
(1) Failure to
file the bid, quotation or proposal 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);
(2) Except to the extent that changes have been
allowed pursuant to Adm 604.03 or to the extent otherwise provided in the
requirements of the bid, failure to submit the bid, quotation or proposal in a writing including all
sheets, sides or pages of the form described in Adm
604.07, Adm 604.08 or Adm 604.09,
or such alternative document specified in the requirements of the bid, as
specified by the division, which contain information provided
by the bidder;
(3) The person or association, or any of its
subsidiaries, affiliates or principal officers, having, 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, under the
circumstances described in Adm 604.04 (h);
(4) The person or association, or any of its
subsidiaries, affiliates or principal officers, having provided false, deceptive or fraudulent information on a vendor code number
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, under the
circumstances described in Adm 604.04 (i);
(5) If the bid, quotation or proposal involves
federal funds, the person or association’s failure to meet any requirement or
criteria imposed by the federal government, under the circumstances described
at Adm 604.04 (j);
(6) The person or association, or any of its subsidiaries,
affiliates or principal officers having been, 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 under the circumstances described
in Adm 604.04 (k);
(7) The person or association, or any of its subsidiaries,
affiliates or principal officers having been, 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 under the
circumstances described in Adm 604.04 (l);
(8) The person or association having included 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;
(9) The failure to express monetary figures
contained in the bid, proposal or quotation in
(10) The bid, quotation or proposal purporting to
be transferable;
(11) The person or association submitting a bid,
quotation or proposal being a person or association other than that which will
be providing commodities or services to the state under the bid, quotation or
proposal;
(12) The person or association submitting a bid,
quotation or proposal being a person or association other than that which will
be responsible for complying with the terms and conditions of any contract
entered into with the state;
(13) The bid, quotation or proposal not being
legible;
(14) The bid, quotation or proposal not being
written in English;
(15) A bidder’s alteration, modification,
deletion, or exception to the content of the forms, terms, conditions, or other
requirements or specifications of the bid, quotation or proposal, including
those relating to quantity and delivery, 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 Adm 604.03 (d) and Adm
606.01 (k);
(16) Unless otherwise specified in the
requirements of the bid, the bidder offers sample or demonstration units to the
state as new commodities;
(17) After submission of a bid, quotation or
proposal, the bidder’s alteration of price or other matter that a bidder is
required to specify submitted in a particular response to an RFB, RFP or RFQ,
except to the extent which may be allowed in the context of final offer negotiations
under Adm 606.02, and provided that a bidder may withdraw bids in full if
allowed under Adm 606.07;
(18) The person or
association, or any of its subsidiaries, affiliates or principal officers
having, at the time of the filing of the bid, quotation or proposal, been
prohibited, either permanently or temporarily, from participating in any public
works project pursuant to RSA 638: 20 under the circumstances described in Adm
604.04 (ac);
(19) The person or association, or any of its
subsidiaries, affiliates or principal officers having, at the time of the filing
of the bid, quotation or proposal, been debarred from performing work on any
project of any state other than the state of New Hampshire under the
circumstances described in Adm 604.04 (ad) or the person or association, or any
of its subsidiaries, affiliates or principal officers having, at the time of the filing of the bid, quotation or
proposal, been debarred from performing work on any project of the federal government or the state of New
Hampshire;
(20) The person or association, or any of its subsidiaries,
affiliates or principal officers having, within 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 under the circumstances
described in Adm 604.04 (ae);
(21) The person or
association, or any of its subsidiaries, affiliates or principal officers, at
the time of the filing of the bid, quotation or proposal, serving a sentence or
being subject to a continuing or unfulfilled penalty for any crime or violation
noted in RSA 21-I: 11-c under the circumstances described in Adm 604.04 (af);
(22) The bidder, at the time of the filing of the
bid, quotation or proposal, having 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 under the
circumstances described in Adm 604.04 (ag);
(23) The person or
association, 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 year prior to the
filing of the bid, quotation or proposal;
(24) The bidder’s affidavit
described in Adm 604.07 (d) below is false under the circumstances described in
Adm 604.04 (aj);
(25) Failure to submit a sealed bid if, and as,
sealed bids are specified; and
(26) Any other matter not curable under the
requirements of the bid.
(k)
Unless the process is cancelled by the state, the division shall, after
the period set forth in RSA 21-I: 13-a, II, notify bidders, other than those
submitting RFQs, of their disqualification, if any, by posting the name of the
bidder and the fact of its disqualification on the division’s web site.
(l)
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 (k); 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
Adm
604.06 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 604.07, Adm 604.08 or
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 604.07,
Adm 604.08 or Adm 604.09, or any
other document on which a signature may be required, within 3 business days of
the day that notice is issued under (b) above.
(d)
The division shall not consider any bid, or proposal which remains
unsigned after the time specified in the notice under (b) above.
(e) To be considered
by the division, a bidder which has submitted a quotation not containing a
signature in compliance with (a) above shall file a signed version of the
applicable document immediately upon 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; ss by #10364, eff 7-1-13
Adm 604.07 Bid Form.
(a)
Unless another, alternative document is specified in the requirements of
the bid, bids, other than bids for services, which shall be submitted according
to Adm 604.08, shall be submitted in a writing including all sheets, sides or
pages of a bid invitation form
provided by the division which sets forth or incorporates the general terms,
conditions and provisions that apply to the bid.
(b)
On the form noted in (a) above, the bidder shall provide:
(1) The name of the company, person or
association placing the bid;
(2) The address of the bidder;
(3) The local telephone number of the bidder;
(4) The toll free telephone number of the bidder,
if any;
(5) The fax number of the bidder;
(6) The e-mail address of the bidder, if any;
(7) The website address of the bidder, if any;
(8) A description of the item offered;
(9) The quantity of units offered;
(10) Delivered unit and extension prices; and
(11) The following information regarding the
contact person:
a. Name;
b. Telephone number; and
c. Toll free telephone number, fax number,
e-mail address and company web site, if any;
(c)
The bidder shall:
(1) Sign the form, utilizing an authorized
signature;
(2) Provide the name of the signer in print or typescript; and
(3) Certify by signing that:
a. The bidder accepts the state’s terms and
conditions that apply to the particular bid and any resulting purchase order or
contract and that any other terms and conditions submitted by the bidder are
null and void;
b. The bidder will be subject to the terms and
conditions stated on the purchase order relating to purchase; and
c. The bidder offers to sell to the state of
(d)
In addition to the foregoing, pursuant
to RSA 21-I: 11-c, the bidder shall, as part of his or her bid
submission, certify by notarized affidavit, signed under oath, that neither the
bidder, nor any of its subsidiaries, affiliates or principal officers:
(1) Has, within the past 2 years, been convicted
of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or
federal law or county or municipal ordinance prohibiting specified bidding
practices, or involving antitrust violations, which has not been annulled;
(2) Has been prohibited, either permanently or
temporarily, from participating in any public works project pursuant to RSA
638:20;
(3) Has previously provided false,
deceptive, or fraudulent information on a vendor code number application form,
or any other document submitted to the state of New Hampshire, which
information was not corrected as of the time
of the filing a bid, proposal, or quotation;
(4) Is currently debarred from
performing work on any project of the federal government or the government of
any state;
(5) Has, within the past 2 years,
failed to cure a default on any contract with the federal government or the
government of any state;
(6) Is presently 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 or rules that the department, agency, board, or
commission is charged with implementing;
(7) Is presently 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;
(8) Is currently serving a sentence or is subject
to a continuing or unfulfilled penalty for any crime or violation noted in this
section;
(9) Has failed or neglected to
advise the division of any conviction, plea of guilty, or finding relative to
any crime or violation noted in this section, or of any debarment, within 30
days of such conviction, plea, finding, or debarment; or
(10) Has been placed on the
debarred parties list specified in Adm 606.11 within the past year.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15
Adm
604.08 Service Contract Proposal
Transmittal Letter Form.
(a)
Unless another, alternative document is specified in the requirements of
the bid, service contract proposals, other than proposals for the rental of
space which shall be submitted in
accordance with Adm 610, shall be submitted in a writing including all sheets, sides, or pages of a
service contract proposal transmittal
letter form provided by the division which sets forth or incorporates the
general terms, conditions and provisions that apply to the proposal.
(b)
On the form noted in (a) above, the bidder shall state in the spaces
provided:
(1) The name of bidder;
(2) The address of the bidder;
(3) The fax and telephone number of the bidder;
(4) The e-mail address of the bidder, if any;
(5) The printed name of the signer;
(6) The date;
(7) The bidder’s contact person; and
(8) The proposal number, type of service and
price.
(c)
The bidder shall:
(1) Submit a fully-executed form;
(2) Sign the form, utilizing an authorized
signature;
(3) Submit its proposal in conjunction with the
form;
(4)
Provide the typewritten or printed name
of the signer; and
(5) Certify by signing that the bidder offers to
sell to the state of New Hampshire the services indicated at the price or
prices quoted, in compliance with the requirements or specifications of the
bid, and according to the provisions and representations specified by the state
in the transmittal letter form.
(d)
If a bidder submitting the form described above is recommended by the
division to provide services, the bidder shall, unless the process is cancelled
by the state, and if the transaction is to be consummated by the state, execute
the agreement form specified in Adm 604.10
below.
(e)
In addition to the foregoing, pursuant
to RSA 21-I:11-c, the bidder shall, as part of his or her bid submission,
submit a notarized affidavit, signed under oath, as described in Adm 604.07 (d)
above.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 604.09); amd by #10827, eff 5-16-15
Adm 604.09 Request for Quotation Form.
(a)
When requesting a quotation from vendors, the division shall utilize a
form which sets forth or incorporates the general terms, conditions and
provisions applicable to the quote.
(b)
On the form described in (a) above, the person or association submitting
the quote or to whom the request for quotation is directed shall, if that
person or association wishes to place a quotation, provide:
(1) A description of the item or items offered,
including the quantity and item brand or part number;
(2) The price of each item, together with the
extension price;
(3) The name of the bidder;
(4) The bidder’s address;
(5) The bidder’s telephone number;
(6)
The authorized signature of the person or association responding to the RFQ;
(7) The bidder’s fax number; and
(8) The e-mail address of the bidder.
(c)
In addition to the foregoing, pursuant
to RSA 21-I:11-c, the bidder shall, as part of his or her bid
submission, submit a notarized affidavit, signed under oath, as described in
Adm 604.07 (d) above.
Source. #8310, eff 5-11-05; amd by #9501, eff 7-6-09;
ss by #10364, eff 7-1-13 (from Adm 604.10); amd by #10827, eff 5-16-15
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 form under Adm 604.08 is selected to provide services, the bidder shall execute such
standard agreement form as may be designated by the governor and executive
council.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 604.11)
PART Adm 605 ADDITIONAL RULES REGARDING OTHER PURCHASING
VENDORS
Adm 605.01 Disqualifying
Factors. No other purchasing vendor
shall be selected to provide commodities or services through the division if:
(a) The person or association does not possess a
vendor code number;
(b) The person or association has not filed, or
does not file, a fully executed form W-9;
(c) The
person or association, or any of its subsidiaries, affiliates or principal
officers, has, within the past 2 years, been convicted of, or pleaded guilty to
a violation of RSA 356:2, RSA 356:4 or any state or federal law or county or
municipal ordinance prohibiting specified bidding practices or involving
antitrust violations which has not been 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 person or association, or any of its subsidiaries, affiliates or
principal officers, provided
false, deceptive or fraudulent information on a vendor code number 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
anticipated provision of services, 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)
The commodity or service being provided is to be procured in whole or in
part by the use of federal funds, and the person or association 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 person or association, or any of its subsidiaries, affiliates or
principal officers, is presently 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 person or association, or any of its subsidiaries, affiliates or
principal officers, is presently 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 person or association does not remove from purchase price of the
commodity or service the amount, if any, of any state or federal tax from which
the state is exempt under federal or state law;
(i)
The person or association does not express the
purchase price of the commodity or service in
(j)
The provision of the commodity or service purports to be transferable;
(k)
The person or association providing the commodity or service is not the
person or association that will be
providing the commodity or service;
(l)
The person or association providing the commodity or service is not the
person or association that will be responsible for complying with the terms and
conditions of any contract entered into with the state;
(m) The offer to provide
commodities or services is made to the state by a person other than the
individual with whom the state will be contracting and other than an individual
identified in a letter of authority,
if requested in the requirements or specifications relating to the provision of
the commodity or service;
(n) The person or association 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;
(o) The person or association 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;
(p) If the purchase involves a requirement that
the person or association agree to stated specifications or requirements,
including but not limited to standard contract terms and conditions, general
conditions and instructions, general terms and conditions for commodities or
services, the person or association fails to agree to abide by or seeks to
alter those requirements or specifications without first obtaining the approval
of the division;
(q) The person or association, or any of its
subsidiaries, affiliates or principal officers is 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;
(r)
The person or association, or any of its subsidiaries, affiliates or
principal officers is currently 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 person or association or any of its subsidiaries, affiliates or principal officers
is currently debarred from performing work on any project of the federal
government or the state of New Hampshire;
(s)
The person or association, or any of its subsidiaries, affiliates or
principal officers, has within 2 years prior to the time of the completion of the
contract or purchase, 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;
(t)
The person or association, or any of its subsidiaries, affiliates or
principal officers, are serving a sentence or are 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;
(u)
The person or association 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, 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)
Within the year prior to the completion of the contract or purchase, the
person or association, or any of its subsidiaries, affiliates or principal
officers was placed on the debarred parties list specified in RSA 21-I: 11-c,
II.
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
Adm 605.02 Acceptance of Terms. The provision of commodities or services by
an other purchasing vendor shall constitute acceptance of any requirements or
specifications set forth in Adm 605.01 (p) 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
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 prospective vendor provides items for demonstration purposes, the
person or association 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, unless otherwise specified in the
requirements of the purchase order or contract, the state shall not return
samples or items left for demonstration purposes that have not been removed by
the person or association which provided them.
(c)
The total amount of the offer submitted by a person or association
seeking to provide commodities or services as an other purchasing vendor shall
not include the amount of any state or federal taxes from which the state is
exempted by law.
(d)
The monetary amounts expressed in any offer submitted by a person or
association seeking to provide commodities or services as an other purchasing
vendor shall be expressed in
(e)
If requested by the division, a person or association seeking to provide
commodities or services as an other purchasing vendor shall 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 to confirm
compliance with any specifications.
(f)
The costs of the certificates and testing
specified by (e) above shall be the responsibility of the person or association
seeking to provide commodities or services as an other purchasing 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
PART
Adm 606 SELECTION, POST-SELECTION AND
OTHER PURCHASING PROCEDURES
Adm 606.01 Bidder Selection or Recommendation Procedure.
(a)
All RFBs, RFPs, RFQs and other processes by which acquisitions are made
by or through the division 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.
(b)
The division shall, following, or at the time of, an initial
determination of qualifications under Adm 604, including an assessment of
whether the bid, quotation or proposal adheres to the requirements of the bid,
determine:
(1) In the case of an initially qualified
apparent low bidder on an RFB or RFQ that is not cancelled by the state, or the
next lowest bidder if that apparent low bidder should be disqualified:
a. Whether the bid or quotation is in conformity with the specifications and
requirements of the bid and applicable
rules; and
b. If federal funding is involved in the award
of the bid or quotation, whether the bid or quotation or the person or
association submitting the bid,
or quotation meets federal requirements and qualifications relative to the
acquisition;
(2) In the case of initially qualified responses
to RFPs that are not cancelled by the state:
a. Whether each of the proposals submitted are
in conformity with the specifications and requirements of the bid and
applicable rules; and
b. If federal funding is involved in the award
of the proposal, whether the proposals or the persons or associations
submitting the proposals meet federal requirements and qualifications relative
to the acquisition.
(c)
Unless otherwise specified in the requirements or specifications of the
bid, 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 (b) (1) above whose bid or quotation meets the requirements of
the bid and meets or exceeds specifications at the lowest price.
(d)
Unless otherwise specified in the requirements or specifications of the
bid, in the case of an RFP, 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 (b) (2) 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, if the process is not cancelled by the state, be made by drawing lots, provided that, pursuant to RSA 21-I:
11-b, II:
(1) If only one of the vendors offering that
price has a principal place of business in New Hampshire, that vendor shall, if
the process has not been cancelled by the state, be selected or recommended for
selection; and
(2) When qualified lowest bids, proposals or
quotations are received at the same price from more than one vendor which has a
principal place of business in New Hampshire, selection or recommendation for
selection shall, if the process is not cancelled by the state, be made by
drawing lots from among the vendors with a principal place of business in New
Hampshire.
(g)
Pursuant to RSA 21-I: 13-a, II, no information shall be available to the
public, the members of the general court or its staff, notwithstanding the
provisions of RSA 91-A: 4, concerning specific invitations to bid or other
proposals for public bids, from the time the invitation or proposal is made
public until the bid is actually awarded.
(h)
In the case of contracts or purchases which are not submitted to the
governor and executive council for approval, unless the process is cancelled by
the state, the division shall, following the period set forth in RSA 21-I:
13-a, II, make public the name of a vendor selected in response to an RFB or
RFP by posting the name of the vendor on the division’s web site.
(i)
The posting under (h) above shall consist of a summary containing, at a
minimum, the name of each bidder timely submitting a response to the RFP or
RFB, and the amount of each bid not disqualified.
(j) The successful bidder on an RFQ
shall be notified by the division either orally or in writing.
(k) The alteration, modification,
deletion or exception by an apparent low bidder to the preprinted contents of a
form 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:
(1) In the
case of an RFP or RFB, and unless another date is specified by
the division in order to address issues of timing associated with the bid or
proposal, that bidder withdraws its
alteration, modification, deletion or exception in full and in writing within 3
business days of any notification of the nonconformity by the division; or
(2) In the case
of an RFQ, that bidder withdraws its alteration, modification, deletion or
exception in full and in writing immediately upon notification of the nonconformity
by the division.
(l)
The provisions of (k) above and Adm 604.03 (d) relative to withdrawal of
alterations, deletions, modifications or exceptions to requirements or
specifications of a bid shall not 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, requests for which shall be
handled in accordance with Adm 606.07.
(m)
A prospective vendor shall not enter into a contract or transaction with
the state unless that prospective vendor has filed W-9 form as specified in Adm
603.03 and possesses a vendor code
number.
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
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, unless the process is cancelled by
the state, 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, unless the
process is cancelled by the state, contact the vendor or prospective vendor and
negotiate for the person or association’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
Adm 606.03 Cancellation of Selection Process.
(a)
The division of the
department of administrative services which issued an RFB, RFP or RFQ, or which
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,
when the division or commissioner concludes that the continuation of the
particular selection process is not in the best interests of the state of New
Hampshire.
(b)
For the purposes of (a) above, the division of
the department of administrative services which issued a RFB, RFP or RFQ, or
which conducted the purchase, or the
commissioner, shall cancel, or decline to award or select, or recommend award
or selection, if the division or commissioner concludes either that:
(1) Such action is warranted so as 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) Such action is warranted under the terms of
the particular RFP, RFQ, RFB or purchase;
(3) Such action is warranted so as to enable an
agency to fulfill its mission, or for the state to maximize the effective use
of funds or other resources;
(4) Such action is required in view of funding
constraints;
(5) Such action would be likely to enable the
state to address its needs in a more timely, efficient or cost-effective manner
than would continuation of the process;
(6) Such action is warranted so as to comply with
statutory law, case law, or these rules, or to advance the purposes of RSA 21-I
or these rules; or
(7) Such action is otherwise warranted to foster
the integrity of the process.
(c)
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 cancelled.
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
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 have
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
only the receipt 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 which 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)
Unless otherwise specified in the requirements or specifications of the
bid or other term or condition of purchase, delivery shall be made FOB to the
destination specified in the requirements or specifications of the bid.
(j) Unless otherwise
specified in the requirements or specifications of the bid or other term or
condition of purchase, 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
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
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) Unless otherwise stated in
the requirements or specifications of the bid, 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
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, by 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 an
identification of the provision that allows withdrawal;
b. The reason that the mistake was made or 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 his or her 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 his or her 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 (c) above.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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 shall not become effective, the state shall not reimburse the vendor for
such work.
(b) Except in urgent situations as described at
Adm 607.07, agency requisitions shall not be processed by the division for
commodities or services which have already been supplied.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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
Adm 606.10 Awards Not To Be
Made by Line Item. Unless otherwise specified in the requirements
or specifications of the bid, or other requirement or specification regarding
the terms of the purchase, 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
Adm 606.11 Debarment of Vendors.
(a) This section shall apply to
all bids, proposals or quotations in response to a request for bid, proposal,
or quotation issued by the division of procurement and support services.
(b) 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).
(c) 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 an affidavit as described in Adm 604.07 (d).
(d) Pursuant to RSA 21-I: 11-c, I (b), failure to
submit the affidavit noted in (c) above, the filing of a false affidavit or the
signing of an affidavit by an unauthorized person shall result in the automatic
rejection of the bid, proposal
or quotation.
(e)
Individuals or entities
which are identified on the list described in RSA 21-I: 11-c, II shall be
debarred from submitting bids, quotations, or proposals to the division.
(f) Inclusion on the
debarred parties list shall be accomplished 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
PART Adm 607 PURCHASING REQUIREMENTS FOR STATE AGENCIES
Adm 607.01 Types of Requisition Forms; Additional
Approvals Required for Information Technology Purchases.
(a)
An agency shall requisition commodities by completing one of the forms
described in (c), (d) or (e) below.
(b)
Services for general agency use within the meaning of RSA 21-I: 11, II
(f) shall be requisitioned by
completing:
(1) For services not covered by a preexisting
state contract, the form described at Adm 607.05 below; or
(2) For services covered by a preexisting state
contract, either:
a. The form described at Adm 607.04 below; or
b. Such other means of requisition as is
authorized in the preexisting state contract, the notice of award of contract
or other writing specifying how purchases are made under a pre-existing state
contract.
(c)
Agencies shall requisition commodities valued at a total cost of over
$500 which are not covered by a preexisting state contract, as well as
commodities valued at a total cost of $500 or under for which no field purchase
order or procurement card authorization has been given, by fully executing and
submitting to the division the form described at Adm 607.05 below.
(d)
Agencies shall requisition commodities that are covered by a preexisting
state contract either by:
(1) Fully executing and submitting to the
division the form described at Adm 607.04 below; or
(2) Such other means as is authorized in the
preexisting state contract, the notice of award of contract or other writing
specifying how purchases are made under a pre-existing state contract.
(e) To the extent authorized by the director pursuant
to RSA 21-I: 17-a, requisitions for commodities valued at a total cost of $500
or under shall be handled according to Adm 607.06.
(f) 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 the state’s
integrated financial system.
(g)
The department of information technology shall submit to the division
any approvals by the chief information officer or his or her 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
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 $500, the agency shall:
(1) State on the requisition form 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 included by
the agency as a note or comment on the requisition form, or as a writing
attached to the requisition form, when that form is submitted to the state’s
integrated financial system, 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
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:
(1) State as a note or comment submitted with or
attached to the requisition form the
name and address of the suggested vendor that it believes is the only source of
the commodity or service; and
(2) Submit a sole source request to the division through the state’s integrated
financial system.
(b)
A sole source request under (a) (2) above shall:
(1) Be included by the agency as a note or
comment on the requisition form, or as a writing attached to the requisition form, when that form is submitted to
the state’s integrated financial system; and
(2) Include a statement of why the agency
believes that the suggested vendor is the sole source of the commodity or
service requested.
(c)
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 one source or seller.
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
Adm 607.04 Requisitions for Contract Items.
(a)
An agency requisitioning goods or services under a pre-existing state contract shall do so on a numbered
requisition available through the state’s integrated financial system.
(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 the state’s integrated financial system.
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
Adm 607.05 Requisitions for
Noncontract Items Over $500.
(a)
An agency requisitioning goods that are not under a state contract and
that are valued at over $500 shall do so on a numbered requisition available
through the state’s integrated financial system.
(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 the state’s integrated financial system.
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
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 supplies 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 $500 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 a 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 which total more than $500.
(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)
In those situations involving purchases of $500 or less where the use of
a field purchase order or procurement card
has not been authorized by the director, the agency shall make purchases by
utilizing:
(1) The requisition form described at Adm 607.04
for items that are part of a pre-existing state contract; or
(2) The requisition form described at Adm 607.05
for items that are not part of a pre-existing state contract.
(i)
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
Adm 607.07 Urgent Situations.
(a)
When, in the agency’s opinion, an immediate purchase is necessary, 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; and
(6) Appropriation code.
(b) If the division concurs that an immediate
purchase is necessary for the agency to fulfill its mission or to maximize the
effective use of state funds, it shall
assign a purchase order number.
(c) If the need for an immediate purchase occurs
outside normal state working hours, the agency may proceed with the purchase
and the procedure described in this rule shall be accomplished on 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
Adm 607.08 Changes to Quantity or Scope in Purchase
Orders, Requisition Forms and Proposed Contracts.
(a) The quantity of items or scope of services
contained or incorporated in any purchase order, proposed contract or
requisition form 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 matters noted in (a) above by
submitting a request for such changes in writing 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
Adm 607.09 Requisitions for Used Items. An agency shall requisition a used item on
the requisition form, by indicating,
in addition to the other required information, that the item required is a used
item.
Source. #8310, eff 5-11-05; ss and moved by #9501,
eff 7-6-09 (formerly Adm 607.10); ss by #10364, eff 7-1-13
Adm 607.10 Purchases
Involving Federal Funding. In cases
involving a requisition by an agency for commodities or services which will be
funded in whole or in part by federal funds, whether or not the purchase will
be by way of an RFP, RFQ, RFB, sole source purchase or other method of
purchase, the agency shall advise the division that the purchase involves
federal funds by identifying on
the requisition form submitted through the state’s integrated financial system
that the purchase involves federal funds.
Source. #8310, eff 5-11-05; ss and moved by #9501,
eff 7-6-09 (formerly Adm 607.11); ss by #10364, eff 7-1-13
Adm 607.11 Waivers of Purchasing Requirements to
Prevent Loss of Federal or Other Funds.
Waivers of purchasing requirements to prevent the loss of federal or
other funds which are subject to recapture shall be handled in accordance with
Adm 601.05.
Source. #10364, eff 7-1-13
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
fully executed requisition form as described in Adm 607.05 and electronically
attach thereto, or include as a note or comment thereon, a statement of the
work to be performed, including, at least:
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
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, agencies shall utilize the division of public works design and construction for site
preparation work and development of specifications and requirements of a bid.
(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 agencies shall
utilize their own resources, outside contractor's resources or the division of public works design and
construction for site preparation work and development of specifications
and requirements of a bid.
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
Adm 608.03 Service Contracts. Service contracts for general agency use
within the meaning of RSA 21-I: 11, II (f), such as statewide hazardous waste
removal and disposal contracts, and contracts for statewide maintenance and
service, such as contracts for elevators, heating systems, air conditioning
systems, shall be requisitioned utilizing the form specified in, and according
to the procedures set forth in, Adm 607.
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
PART Adm 609 PRE-ADJUDICATIVE PROCEEDING PROCEDURES IN
CASES INVOLVING THE DIVISION OF PROCUREMENT AND SUPPORT SERVICES, BUREAU OF
PURCHASE AND PROPERTY
Adm 609.01 Inquiries Regarding Awards.
(a)
Any person or association questioning a notice of award made through the
division’s bureau of purchase and
property under Adm 603 through Adm 606 relative to that person or association
shall, within 3 days of the notice of award, contact the purchasing agent
handling the matter, by way of a hard
copy, facsimile or electronic writing, to request review of criteria used in
making the award.
(b)
The person or association and the purchasing agent shall, within 10 days
of the notice of award, review the criteria used in making the award.
(c)
Review under (b) above shall be by means of either:
(1) A telephone conversation between the person
or association and the purchasing agent; or
(2) An in-person meeting between the person or
association and the purchasing agent, at the bureau’s office.
(d)
The procedures set forth in this section shall apply only to contracts
or purchases which are not submitted to the governor and executive council for
approval.
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
Adm 609.02 Informal Resolution.
(a)
Any person or association who disagrees with an award after having
followed the procedure set forth in Adm 609.01 may request informal resolution
of the matter according to the following procedures.
(b)
A person or association seeking informal resolution shall within 15 days
of the review noted in Adm 609.01 (b) above, contact the administrator of the
division’s bureau of purchase and
property established under RSA 21-I: 12, I (a), in writing, to request informal
resolution.
(c)
A request under (b) above shall:
(1) Briefly describe the nature of the grievance;
and
(2) Identify the persons, associations and
agencies involved.
(d)
Within 15 days of the administrator’s receipt of the writing described
above, the administrator shall investigate the matter and inform the person or
association who initiated the inquiry, in hard copy, facsimile or electronic
writing, either that:
(1) Corrective action has been taken, describing
the nature of the action taken and notifying all persons involved of the
corrective action taken;
(2)
Additional informal telephone communication with the person or association will
be scheduled to discuss the problem and attempt to reach a mutually agreeable
resolution, together with the time and date that the communication will occur;
or
(3) A further informal meeting will be scheduled
to discuss the problem and attempt to reach a mutually agreeable resolution,
together with the date, time and place of the meeting;
(e)
An informal meeting under (d) (3) or an additional informal telephone
communication under (d) (2) above, if any, shall be held within 15 days of the
administrator’s notification.
(f)
The administrator shall issue his or her conclusions in writing, within
10 days of the meeting described in (d) (3) above, or, if corrective action is
taken, within 10 days of the telephone communication described in (d) (2)
above.
(g)
The procedures discussed above shall be handled in a manner that does not
conflict with RSA 21-I: 13-a, II.
(h)
A person who claims to be aggrieved by the informal resolution of a
matter may request resolution by way of an adjudicative proceeding under Adm
200 either:
(1) If corrective action was taken under (d) (1)
above, within 15 days of the notice of the corrective action; or
(2) If an informal meeting or an informal
telephone communication was held, within 15 days of the notice described in (f)
above.
(i) Any appeal of the decision rendered shall be
in accordance with the provisions of RSA 541:3 through 9.
(j)
The procedures set forth in this section shall apply only to contracts
or purchases which are not submitted to the governor and executive council for
approval.
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
Adm 610.01 Scope.
(a)
These rules shall apply to all agencies renting or seeking to rent space
in a building through the department of administrative services’ division of
plant and property, bureau of planning and management to the extent not
exempted by RSA 21-I: 18 or other law.
(b)
These rules shall not apply to:
(1) Rental agreements arising by virtue of the
department’s responsibilities regarding court facilities under RSA 490-B;
(2) The rental of land as opposed to space within
a building; or
(3) The rental of space by an agency, department,
branch of government or any other organizational division of the state of New
Hampshire to any other agency, department, branch of government or other
organizational division of the state of New Hampshire.
(c) The first phase of the process of obtaining
leased space, known as Phase I, is described below at Adm 610.06 through Adm
610.09. The design and development
phase, known as Phase II, is described at Adm 610.12.
(d)
Procedures for finalizing rental agreements at no cost or at a cost
which is equal to or greater than the governor and council approval threshold,
including the form of leases or license agreements in such instances, are
described at Adm 610.14 through Adm 610.16.
(e)
Procedures for finalizing rental agreements at a cost less than the
governor and council approval threshold, including the form of leases or
license agreements in such instances, are described at Adm 610.17 through Adm
610.20.
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
Adm 610.02 Definitions.
(a)
“Architectural barrier-free design committee” means the permanent
committee on architectural barrier-free design established by RSA 275-C:11.
(b)
“Bureau” means the bureau of planning and management within the division
of plant and property established under RSA 21-I: 12, II (a).
(c)
“Clean air” means air quality which meets the standards relative to
indoor air quality within space inhabited by a state agency established
pursuant to RSA 10-B.
(d) “Director” means the administrator charged
with supervision of the division of plant and property under RSA 21-I: 11, I
(c).
(e)
“Division” means the division of plant and property within the
department of administrative services, established by RSA 21-I: 11.
(f)
“Exclusive rental” means the rental of space in a building by an agency
on a full-time basis, with no other entity having the right to occupy the
space, other than areas specifically designated as common areas.
(g)
“Extension” means a clause within a rental agreement exercised at the
agency's option, allowing an extension of the contract’s expiration date to a new, predetermined expiration date, while
maintaining the same terms and conditions as specified within the rental agreement.
(h)
“Governor and council approval threshold” means the amount at or above
which the governor and executive council specify, pursuant to RSA 4:15, that
their approval is necessary in order for an agency to enter into a service
contract such as a lease or license agreement, information regarding which is
available from the department.
(i)
“Initial rental agreement” means the lease of, or license agreement relating
to, space within a building, executed on behalf of an agency when there exists
no prior lease or license agreement for the rental of that particular space by
the agency.
(j)
“Lease” means a written agreement between a state agency and an
individual or association offering the exclusive rental of space within a
building.
(k)
“Lessor” means an individual or association that rents space to a state
agency under a lease agreement.
(l) “Letter of interest” means a letter signed by
a person authorized to make statements on behalf of an individual or
association that is interested in offering particular space for rent to the
state, which letter contains the information described at Adm 610.09.
(m)
“License agreement” means a written agreement for the use of the
premises of another, for rent, on other than an exclusive basis.
(n)
“Licensor” means an individual or association that rents space to a
state agency under a license agreement.
(o)
“Local newspaper of general circulation” means a newspaper that:
(1) Is published at least once a week;
(2) Receives wide distribution, with or without
subscription, to members of the public in the municipality in which leased
space is sought; and
(3) Is regularly used by members of the public to
advertise rental property in the community in which leased space is sought.
(p)
“Master list of leased property” means the central inventory maintained
by the bureau of all physical space used by the state, as described at RSA
21-I: 12, II (a) (2).
(q)
“Renewal” means a rental agreement negotiated for the same space as was
previously occupied by an agency, to go into effect after the expiration of an
earlier rental agreement.
(r)
“Rent” means to obtain or offer space within a building that is
possessed by an individual or association other than the State of
(s)
“Rental agreement” means either a lease or a license agreement.
(t)
“Rental package" means all documents relating to a lease or a
license agreement as described in Adm 610.14 (c) and Adm 610.18 whichever is applicable.
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
Adm 610.03 General Requirements.
(a)
Agencies subject to these rules:
(1) Shall not begin any procedure for the purpose
of renting space, nor take any steps to rent space, without first contacting
the bureau;
(2) Shall consult with the bureau in developing
materials under both phase I and phase II of the leasing process, as described
below;
(3) Shall seek to enter into a rental agreement
only according to the procedures set forth in these rules;
(4) Shall not enter into a rental agreement
without having first obtained the recommendation of the bureau pursuant to
610.04 below; and
(5) Shall not enter into a rental agreement
without having first obtained the approvals required under Adm 610.05 below.
(b) All rental
agreements shall be typewritten or printed in computer-generated typescript.
(c) Unless otherwise authorized by these rules or
otherwise allowed by law, an agency wishing to rent space shall seek to procure
such space by soliciting letters of interest and competitive proposals for a
written rental agreement.
(d) All rental agreement selection processes made
by or through the division 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 a selection process once initiated, or to impose an
obligation on the part of the state to enter into a particular contract or
purchase.
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
Adm
610.04 Bureau and Division
Recommendations.
(a) Pursuant to RSA 21-I: 12, II (a) (1), the
bureau shall provide to the director:
(1) For proposed rental agreements at no cost or
at a cost equal to or exceeding the governor and council approval threshold
over the total duration of the agreement, a synopsis of each proposed lease,
and its recommendations relative to approval or rejection of the proposed
rental agreement; or
(2) For proposed rental agreements for a cost
that is less than the governor and council approval threshold over the total
duration of the agreement, its recommendations relative to approval or
rejection of the proposed rental agreement.
(b) The director shall, pursuant to RSA 21-I: 12,
II (a) (1), provide the bureau’s recommendations under (a) above to the
commissioner.
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
Adm 610.05 Required Format and Approval of Rental
Agreements.
(a)
Proposed rental agreements that an agency wishes to enter into at no
cost or at a cost equal to or exceeding the governor and council approval
threshold over the duration of the agreement shall, in addition to such other
requirements as are imposed by these rules:
(1) Require approval of the governor and
executive council in accordance with RSA 4:15;
(2) Require the approval of the
(3) If a lease, be submitted to the bureau in the
form specified at Adm 610.15; and
(4) If a license agreement, be submitted to the
bureau in a format containing the
information specified at Adm 610.16.
(b)
Proposed rental agreements that an agency wishes to enter into at a cost
less than the governor and council approval threshold over the duration of the
agreement shall, in addition to such other requirements as are imposed by these
rules:
(1) Require the approval of the commissioner;
(2) If a lease, be in the form specified at Adm
610.19; and
(3) If a license agreement, contain the
information specified at Adm 610.20.
(c)
The commissioner shall, if a rental process is not cancelled by the
state, issue approval under (b) (1) above if he or she concludes that the
agreement:
(1) Is in conformity with space needs of the
state;
(2) Meets the requirements of these rules for
which no waiver has been given;
(3) Is in accordance with the laws relative to
the transaction and would not result in a violation of those laws;
(4) Is financially beneficial to the state; and
(5) Does not circumvent the state budget or
budgetary process established by the legislature.
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
Adm 610.06 Phase I - Public Notice.
(a)
Except when exercising an option for an extension of an existing rental
agreement, as defined at Adm 610.02 (f) above, or when subject to the exemption
set forth at Adm 610.11 below, an agency seeking to rent space shall give
public notice, at least once, in a local newspaper of general circulation no
later than 6 months prior to the date that the agency intends to seek approval
under Adm 610.05 above.
(b)
The public notice shall contain at least the following information:
(1) A statement that letters of interest are being
sought from parties wishing to be included in the rental agreement design
development and proposal process;
(2) The name of the agency seeking the rental
agreement;
(3) The location where the space to be rented is
sought;
(4) The size of the space required;
(5) The duration of rental agreement that is sought;
(6) The deadline for submission of letters of
interest;
(7) The name, physical address and telephone
number of the person to contact for additional information and to whom all
letters of interest shall be addressed; and
(8)
The statement that additional information and requirements regarding the
requested rental are available from the person identified in (7) above and are
available on-line, together with the web address where such information is
available.
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
Adm 610.07 Phase I – Additional Information to be Made Available by the Agency at the
Time of Public Notice.
(a)
At the time of the public notice referred to in Adm 610.06 above, the
agency seeking to rent space shall promulgate and maintain at its physical
address, in addition to the information listed in Adm 610.06 above, the
following additional information
regarding the space that it is seeking:
(1) The usable square foot size of the space
required;
(2) Whether or not the proposed lessor or
licensor will be required to provide utilities as a part of the rent;
(3) Whether or not the proposed lessor or
licensor will be required to provide custodial services as a part of the rent;
(4) A statement that the proposed lessor or
licensor will be required to comply with RSA 275-C and any rules adopted
thereunder by the architectural barrier-free design committee, as it relates to
renting space;
(5) A statement that the proposed lessor or
licensor will be required to comply with RSA 10-B “clean indoor air in state
buildings,” and any rules adopted thereunder which relate to the renting of space;
(6) In accordance with RSA 21-I: 19-a, an
explanation of the energy efficiency measures of RSA 155-A: 13 which the
property would be required to meet for renovations, new construction,
reconstruction, alteration or maintenance of the property;
(7) An explanation of the manner in which the
proposed lessor or licensor will be required to engage in waste reduction and
recycling measures under chapter RSA 9-C;
(8)
A copy of a blank draft rental agreement
that it is anticipated a lessor or licensor would be required to execute if
selected;
(9) A specification of any special type of
interior space, or functional requirements, desired by the agency;
(10) A specification of any other special
requirements relative to the rental;
(11) The requirements for provision of parking relating
to the rented space;
(12) Whether or not the agency is willing to share
identified facilities, such as rest rooms, with other tenants, or whether,
instead such facilities must be provided solely for the use of the agency;
(13) The deadline for submission of letters of
interest;
(14) A statement that all letters of interest must
be in writing;
(15) A statement specifying the items that must be
included in a letter of interest, as further specified in Adm 610.09 below;
(16) A statement that any design development for
renovating, improving, modifying or otherwise changing the proposed premises in
order to meet the agency’s needs shall be at the landlord’s sole expense, and
that planning or executing such renovations, improvements, modifications or
other changes does not guarantee that a binding rental agreement will be
entered into by the state;
(17) A statement that all letters of interest must
be received by no later than the deadline for submission specified in the
public notice;
(18) A statement that information submitted by the
proposed lessor or licensor as part of a letter of interest, in connection with
any subsequent proposal, or as part of a subsequent lease or license agreement
is subject to public disclosure under RSA 91-A;
(19) A statement that, under RSA 9-F: 1, any lease
or license agreement ultimately entered into is subject to posting on a state website;
(20) A statement that if the proposed lessor or
licensor is selected to proceed to Phase II, the proposed lessor or licensor
will be required to submit a notarized affidavit as described in Adm 604.07
(d); and
(21)
The name of the person in the agency who
may be contacted for further information, together with that person’s telephone
number and physical address.
(b)
The agency seeking the rental shall provide the information listed in
(a) above to the bureau, which shall post this additional information on its
web site for the duration of the period specified for the submission of letters
of interest.
(c)
The agency shall provide the information noted in (a) above, upon
request, to any individual or association responding to a public notice or
requesting such information in order to engage in the rental agreement design
development and proposal process specified in Adm 610.12 below.
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
Adm 610.08 Phase I - Responses to Notices. Each individual or association wishing to
engage in the rental agreement design development and proposal process
specified in Adm 610.12 below shall:
(a) Prior to the submission of any letter of
interest, either:
(1) Request from the agency,
and review, the information noted in Adm 610.07 (a) above; or
(2) Review the information noted in Adm 610.07
(a) above on the bureau’s web site.
(b)
Submit a letter of interest in writing to the address specified in the
notice, prior to the deadline for submission set forth in the notice; and
(c)
Include in the letter of interest all items specified in the notice and
at Adm 610.09 below.
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
Adm 610.09 Phase I - Content of Letters of Interest. Letters of interest shall contain the
following information:
(a)
A statement that the submitting party wishes to offer a particular
property for review in response to a specified public notice or other specified
request by the state for a letter of interest;
(b)
A statement that the submitting party presently believes that it would,
if selected, be willing to accept the terms and conditions of the draft rental
agreement noted in Adm 610.07 (a) (8) above;
(c)
The business name, address, telephone number and e-mail address of the
entity submitting the letter of interest;
(d)
A statement that the person submitting the letter of interest is legally
authorized to do so;
(e)
The street address of the property offered for consideration;
(f)
The approximate square footage of the property offered;
(g)
A brief description of the building of which the proposed property is a
part, including at least the following:
(1) The number of floors;
(2) Whether or not all utilities and other
services related to the occupancy of the building are currently operable;
(3) Whether there is an operable elevator in the
building;
(4) Whether the space is currently vacant;
(5) Whether the space is in good repair;
(6) If the space is in need of renovation,
improvement, modification or other change prior to being usable for the
purposes identified by the agency, a listing of the renovations, improvements,
modifications or changes needed;
(7) A listing of the current occupants of the
building and the location of those users within the building;
(8) A description of the parking facilities that
would be available to the agency if the space was rented, together with the
location of that parking; and
(9) Such other information, if any, as may be
specified in the agency’s public notice or other request for letters of
interest;
(h)
An appendix consisting of a map diagram of the area surrounding the
location of the proposed property which:
(1) Highlights the location of the property;
(2) Shows the uses of the property in the area
surrounding the proposed property; and
(3) Shows the nature of any businesses in the
area surrounding the proposed property.
Source. #8310, eff 5-11-05; ss by #8310, eff 5-11-05;
ss by #10364, eff 7-1-13; ss by #10364, eff 7-1-13
Adm 610.10 Phase I - Initial
Review of Potential Properties
Following Public Notice.
(a)
Following the deadline for submissions of letters of interest, an agency
shall advise the bureau of the content of all letters of interest received.
(b)
Following the deadline for receipt of letters of interest, the agency
shall, if the selection process has not been cancelled by the state, conduct an
initial review of proposed properties, consisting of an evaluation of each
property to determine whether it meets or exceeds the requirements set forth
under Adm 610.06 and Adm 610.07 above.
(c)
In conducting its initial review of proposed properties under (b) above,
the agency shall consider factors including the following:
(1) The suitability of the property to the
agency’s specified business needs, including the suitability of the proposed
property’s physical location to the type of activity that is proposed to take
place at the site and the compatibility of activities taking place near the
proposed rental property to the activities proposed to take place at the
property; and
(2) Whether the proposed property either:
a. Meets the requirements set forth by the
agency in the public notice or other specification of the desired space; or
b. Has the potential to meet the requirements
set forth by the agency in the public notice or other specification of the
desired space if proposed renovations, modifications, improvements or other
changes to the property were to take place.
(d) Following the
initial review of proposed properties, the agency shall, if the selection
process has not been cancelled by the state, within 30 working days of the
deadline for submission of letters of interest, inform those entities
submitting letters of interest whether the property submitted for consideration
either:
(1) Is viable for design development, including
the development of contractual specifications for any renovations, improvements,
modifications or other changes required and the development of a price for any
proposed space; or
(2) Does not fulfill the requirements of the
public notice or other property specifications, or is incompatible with the
agency’s business needs, and therefore will not be given further consideration.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm
610.11 Exemptions and Waivers from
Public Notice Requirement.
(a)
The rental of space at no cost or at a cost less than the governor and
council approval threshold for the total duration of the agreement shall be
exempt from the notice, response and initial selection requirements set forth
in Adm 610.06 and Adm 610.08 through Adm 610.10 if:
(1) The agency submits to the bureau the
information required by Adm 610.07; and
(2) The agency provides the bureau with a
detailed written description of the reasons why the requested rental is in the
best interest of the agency and the state as a whole.
(b) Notwithstanding
(a) above, if an agency so desires, it may elect to utilize the notice,
response and initial selection requirements set forth in Adm 610.06 and Adm
610.08 through Adm 610.10 in the case of rentals of space at no cost or at a
cost less than the governor and council approval threshold for the total
duration of the agreement.
(c) The commissioner
shall, on written request of an agency seeking a rental of space at a cost
equal to or greater than the governor and council approval
threshold, grant
a waiver from the notice, response and initial selection requirements set forth
in Adm 610.06 and Adm 610.08 through Adm 610.10 if he or she concludes
either that:
(1) The immediate procurement of rented space is
necessary as the result of:
a. The partial or complete destruction of other
space;
b. The existence of a health hazard;
c. Manmade or natural disasters;
d. Changes in statutory, case law,
administrative rules, or the interpretation thereof; or
e. Other circumstances which render it necessary
to procure space more swiftly than would be possible by the utilization of the
notice, response and initial selection requirements of these rules; or
(2) The proposed rental:
a. Relates to space that is, or will, prior to
agency occupancy, be renovated, improved, modified or otherwise changed to be
in compliance with handicapped accessibility standards, clean air standards,
and applicable safety, fire, and building codes; and
b. Is in the best interests of the state and can
be obtained at a cost that compares favorably to the current price of similar
space for rent, or similar space that is currently rented by the state.
(d)
In determining, under (c) (2) b. above, whether a rental is in the best
interests of the state and can be obtained at a cost that compares favorably to
the current price of similar space, the commissioner’s assessment shall
include, but not be limited to, an assessment of the possible disruption to
public access and programs, the state's incurrence of relocation expenses, and
lost productivity.
(e)
A request for a waiver under (c) (2) above shall be rejected if any
substantiated complaints relating to the issues described in (c) (2) a. above
have been made against the property, or are revealed upon investigation of the
proposed property by the bureau, and if the proposed lessor fails to produce
evidence that the issues have been, or are scheduled to be, corrected.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm 610.12 Phase II - Rental Agreement Design
Development and Proposal Process.
(a)
Following an agency’s initial selection of the property or properties
that are potentially suitable for rental, the agency shall, in consultation
with the bureau and the proposed landlord’s architectural representatives, if
the process has not been cancelled by the state, develop architectural
drawings, design development plans, parking and site plans and specifications
for each property under consideration.
(b)
Architectural drawings, design development plans and specifications
under (a) above shall accurately reflect the anticipated scope of work to be
conducted on all interior and exterior spaces at each proposed property.
(c)
The individual or association submitting space for consideration shall
bear any expense associated with:
(1) Unless architectural drawings and specifications
have been provided by the bureau on behalf of the agency, the development of
any architectural drawings and specifications;
(2) The creation of design development plans for
renovating, improving, modifying or otherwise changing the proposed space in order
to meet the needs of the agency;
(3) The development of any written materials
which may be required under Adm 610.07 (a) (6) or (7);
(4) Any actual renovations, improvements,
modifications or changes to such space; and
(5) Any other costs associated with the design
and development process.
(d) Planning or executing such plans, renovations,
improvements, modifications or changes relative to the space shall not
guarantee that a binding rental agreement will be entered into by the state.
(e) If the agency and bureau
conclude that architectural
drawings and specifications and design development plans for renovating,
improving, modifying or otherwise changing the proposed property have been
developed which meet the agency’s requirements, the agency shall, if the
process has not been cancelled by the state, inform each proposed landlord under
consideration of the date by which the items specified in (f) below must be
provided.
(f) The proposed landlord or landlords shall, if
the process has not been cancelled by the state, submit to the agency a
proposal relative to the property that shall, at a minimum:
(1) Be submitted prior to the submission deadline
established under (e) above;
(2) Be in writing, signed by the individual
making the proposal or a representative of the association making the proposal
who is authorized to make the proposal on behalf of the association;
(3) Indicate that the individual or association
presently believes that it would be willing, if selected, to provide space that
complies with the architectural drawings, design development plans, parking and
site plans and specifications developed under this section, according to the
terms of the draft rental agreement;
(4) Describe the space offered, with reference to
any architectural drawings, specifications and design development plans
created;
(5) State the price of the rental, calculated
both by total price over the duration of the proposed agreement and according
to a schedule of payments;
(6) State that the proposed price shall be held
for at least 180 days;
(7) State whether any
information submitted as part of the proposal is claimed to be exempt from
public disclosure pursuant to RSA 91-A; and
(8) Pursuant to RSA 21-I: 11-c,
include a notarized affidavit, signed under oath, as described in Adm 604.07 (d).
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm 610.13 Agency’s Selection of Proposed Property.
(a)
Following receipt of proposals under Adm 610.12 above, if the process
has not been cancelled by the state, the agency shall, in consultation with the
bureau, review all proposals received and determine which of the proposals
received meet the criteria under Adm 610.06 and 610.07 above, and of those
proposals meeting said criteria, which offers compliance at the lowest cost.
(b)
Pursuant to RSA 21-I: 11-c, I (b), the failure to submit the affidavit
prescribed in Adm 610.12 (g), the filing of a false affidavit, or the filing of
an affidavit signed by a person who is not authorized to do so on behalf of the
proposed landlord or landlords shall result in the automatic rejection of the
proposal.
(c) When conducting its consultation with the
bureau under (a) above, the agency shall provide the bureau with copies of the
materials it received under Adm 610.12.
(d) Following the
selection of a proposed property by the agency, the agency shall request
approval of the rental agreement according to the rules set forth below.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm 610.14 Procedure for Requesting Approval of
Rental Agreements at No Cost or with a Total Value Equal to or Greater than the
Governor and Council Approval Threshold.
(a)
Following an agency’s selection of the proposal that it wishes to accept
under Adm 610.13 above, the agency shall, if the process has not been cancelled
by the state:
(1) Apply for a recommendation from the
architectural barrier-free design committee in accordance with RSA 275-C;
(2) Apply for approval of clean air standards
testing results in accordance with RSA 10-B, or include in the text of the
rental agreement conditions stating that:
a. Within 30 days of the rental agreement being
approved by the governor and executive council, a clean air testing report
conducted in compliance with RSA 10-B shall be submitted for approval; and
b. Any deficiencies revealed in the report noted
in a. above as needing correction shall be remedied in a timely manner;
(3) Obtain estimates for the following services,
if any, if not provided by the proposed lessor or licensor under the terms of
the proposed rental agreement:
a. Utilities;
b. Custodial services;
c. Renovations;
d. Modifications;
e. Repairs; and
f. Recycling; and
(4) Confer with the
(b)
At least 2 weeks before requesting
that the governor and executive
council approve the proposed lease or license agreement the agency shall, if the process has not been cancelled by the
state, submit to the bureau:
(1) The original completed rental agreement
specified under Adm 610.15 or Adm 610.16 bearing the signatures of the agency
and the proposed lessor or licensor, together with all attachments required by
the rental agreement and the signature of the representative of the New
Hampshire department of justice indicating approval of the agreement pursuant
to Adm 610.15 (g) or Adm 610.16 (g);
(2) All other materials, including copies and cover
letter, that the agency intends to submit to the governor and executive council
and
(3) Plans and specifications,
including:
a. Accurate floor plans of the rental space which
are:
1. Measured to scale; and
2. Signed and dated by the proposed lessor or
licensor and the agency, indicating that the plans are mutually accepted;
b. If designated parking spaces are included in
the agreement, an accurate site plan which:
1. Depicts the parking spaces and their location
relative to the building and site to which they are associated; and
2. Is signed and dated by the proposed lessor or
licensor and the agency, indicating that the plan is mutually accepted;
c. If improvements, new construction or
renovations are to be made, accurate floor plans and detailed specifications
which:
1. Identify the work that is to be undertaken and
the means, methods and materials of undertaking that work; and
2. Are signed and dated by the proposed lessor
or licensor and the agency, indicating that the plans are mutually accepted.
(c)
For the purposes of this section, the floor plans described in (b) (3)
a. above shall include, at least:
(1) The square footage
measurements of all portions of the rented space;
(2) Assigned room
names or numbers;
(3) Any proposed
furniture lay-out which is included as part of the rental;
(4) The lay-out of any rest
rooms, including the location of fixtures;
(5) The path of
travel from the entrances to the building to the entrance of the rented space;
and
(6) In addition to the
depiction of the spaces intended for an agency’s exclusive use, a depiction of
any space which is to be shared or used in common with other building
occupants;
(d)
The submission to the bureau of the materials under (b) and (c) above
shall constitute a request by the agency for the bureau’s recommendation as to
the proposed lease or license agreement.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm 610.15 Form of Leases at No Cost or with a Total
Value Equal to or Greater than the Governor and Council Approval Threshold.
(a) In regard to
leases at no cost or with a total value equal to or greater
than the governor and council approval threshold for the duration of the agreement, the
proposed lessor selected and the agency shall, if the process has not been
cancelled by the state, execute a standard lease agreement available from the
bureau as set forth below.
(b)
Unless modified, amended or otherwise altered with the approval of the
(1) The date of the lease;
(2) The full name of the proposed lessor;
(3) If applicable, the state where the proposed
lessor is incorporated;
(4)
The street address of the proposed
lessor’s principal place of business, including street number, street, city,
state and zip code;
(5) The proposed lessor’s telephone number;
(6) The name of the department entering into the
lease;
(7) The full address of the tenant’s primary
business office;
(8) The tenant’s telephone number;
(9) The location of the space to be leased,
including the street number, street, city, state and zip code;
(10) A description of the specific area of space
to be leased, including square foot measurements and a description of the
space’s location in the building;
(11) The effective dates of the lease;
(12) The duration of the lease and the dates that
occupancy and rental payments will begin and end;
(13) A description of any extensions of term;
(14) The
annual and monthly rental amount, including any annual escalation in rent
anticipated during the term;
(15) The
date when the first month’s rent is due;
(16) Whether or not provisions have been made for
the payment of additional rent in certain defined circumstances;
(17) Whether or not the proposed lessor will
provide utilities included in the annual rent and, if not, the utilities not
included;
(18) Provisions defining the lessor’s maintenance
responsibilities in regard to the premises;
(19) The
purpose for which the premises shall be used;
(20) General terms and conditions including:
a. A provision regarding indemnification;
b. A provision indicating that no provision in
the lease is intended to be, nor shall it be, interpreted by either party to be
a waiver of sovereign immunity;
c. A provision indicating that the lease will be
interpreted according to the laws of
d. A provision indicating that the lease
embodies the entire agreement between the parties and supersedes all prior
agreements relating to the subject matter of the lease; and
e. A provision indicating that the agreement may
only be modified or amended by mutual agreement, in a writing signed by the
parties, and that no amendment will become effective without the approval of
the governor and executive council;
(21) Whether or not the proposed lessor will
provide janitorial services included in the annual rent and if so, a schedule
describing the services that will be provided;
(22) Whether or not certain improvements are to be
made to the space either prior to or after tenant occupancy and if so, a
statement of which party will be responsible for undertaking those
improvements;
(23) The name of the agency entering the lease;
(24) The full name and title of the person
authorizing the lease on behalf of the agency;
(25) The full name of the individual or
association who will be entering the lease as a lessor; and
(26) The name and title of the person authorizing
the lease on behalf of the proposed lessor.
(c) The standard lease agreement form available
from the bureau shall contain a provision indicating that the lease and the
commencement of its term, and any extensions thereof, is conditioned upon its
approval by the governor and executive council.
(d)
The terms and conditions of a standard lease agreement form available from
the bureau shall not be modified or amended without first obtaining the
recommendation and approval of the
(e) Unless modified, amended or otherwise altered with the approval of the New
Hampshire department of justice, each
standard lease agreement form submitted by an agency for approval shall have
attached thereto each of the following exhibits or attachments:
(1) A schedule of annual and monthly payments due
during the initial term and during any extended term of the lease;
(2) If janitorial services are to be provided by
the proposed lessor, a description of those services and how they shall be
performed;
(3) A description of the provisions that are
either in place or are contractually agreed to be performed in the future in
order to assure architecturally barrier-free access leading into and extending
throughout the lease space, in accordance with RSA 275-C and the federal
Americans with Disabilities Act;
(4) Proof, in the form of a letter signed by the
committee on architectural barrier-free design established pursuant to RSA
275-C, that the agency has received an opinion from that committee regarding
whether the leased space meets barrier-free requirements;
(5) A description of the provisions made for
testing for, and complying with, clean air quality standards for state
buildings in accordance with RSA 10-B, or a certificate of compliance with
clean air quality standards;
(6) A statement regarding the manner in which any
waste materials for which markets are readily available will be recycled in
accordance with RSA 9-C: 3;
(7) If any modifications, amendments or other
alterations have been made to the standard lease agreement form, the text of
those changes;
(8) A current certificate of insurance from the
proposed lessor, indicating that the proposed premises are insured in the
amounts specified in the proposed lease or addenda thereto;
(9) If not provided by the proposed lessor under
the terms of the proposed rental agreement, estimates for the following
services:
a. Utilities;
b. Custodial services;
c. Renovations;
d. Modifications;
e. Repairs; and
f. Recycling;
(10) If the proposed lessor is a New Hampshire
corporation, partnership or other form of business association, a current
certificate of good standing, certificate of existence or other documentation
from the New Hampshire secretary of state indicating that the proposed lessor
is duly constituted and in good standing in the state of New Hampshire;
(11) If the proposed lessor is a corporation,
partnership or other form of business association not formed in New Hampshire,
documentation from the New Hampshire secretary of state that the proposed
lessor is registered to do business in New Hampshire; and
(12) If the proposed lessor is not an individual,
a fully executed certificate of authority, in such format as is specified
following consultation with the New Hampshire department of justice, indicating
that the corporation or other entity has resolved to enter the agreement and
that corporate officers or other representatives of the entity are authorized
to act in regard thereto.
(f)
The proposed parties to the lease shall provide authorized and notarized
signatures in the spaces provided on the standard lease agreement form, but
such lease shall not be effective unless and until approved by the New
Hampshire department of justice and the governor and executive council.
(g) The standard
lease agreement form shall contain spaces in which an authorized representative
of the
(h) The standard lease agreement form shall
contain spaces in which the approval of the governor and executive council, if
any, shall be noted by the office of the secretary of state, together with the
date of such approval.
(i) The clauses of the
standard lease agreement form shall incorporate any attached exhibits by
reference.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Adm 610.16 Content of License Agreements at No Cost
or with a Total Value Equal to or Greater than the Governor and Council Approval
Threshold.
(a) In regard to
license agreements at no cost or with a total value equal to or greater than
the governor and council approval threshold for the duration of the agreement,
the proposed licensor selected and the agency shall, if the process has not
been cancelled by the state, and unless modified, amended or otherwise altered
with the approval of the New Hampshire department of
justice, execute a licensing rental agreement containing the information
set forth below.
(b) The license agreement
shall contain at least the following:
(1) The name and address of the proposed licensor
and the agency renting space;
(2) A description of the space to be rented,
including the street address, location within the building, and square footage
of the space being rented;
(3) The specific hours, days or times of
occupancy by the agency;
(4) A description of the business purpose of the
agreement;
(5) If the agreement includes the right to use
services existing at the premises, such as telephones, photocopiers or internet
services, a description of the services and the terms under which they are
offered, including price;
(6) The commencement and expiration dates of the
agreement;
(7) A provision indicating that the agreement and
the commencement of its term, and any extensions thereof, is conditioned upon
its approval by the governor and executive council;
(8) The fee for the use of the premises,
calculated both according to any periodic payments and by total cost over the
duration of the agreement;
(9) A provision regarding the insurance that the
proposed licensor shall maintain;
(10) General terms and conditions including:
a. A provision regarding indemnification;
b. A provision indicating that no provision in
the license is intended to be, nor shall it be, interpreted by either party to
be a waiver of sovereign immunity;
c. A provision indicating that the license will
be interpreted according to the laws of
d. A provision indicating that the license
embodies the entire agreement between the parties and supersedes all prior
agreements relating to the subject matter of the license; and
e. A provision indicating that the agreement may
only be modified or amended by mutual agreement, in a writing signed by the
parties, and that no amendment will become effective without the approval of
the governor and executive council;
(11) The name of the agency entering the license;
(12) The full name and title of the person
authorizing the license on behalf of the agency;
(13) The full name of the individual or
association that will be entering the license as a licensor; and
(14) The name and title of the person authorizing
the license on behalf of the proposed licensor.
(c)
Sample license agreements shall be made available to an agency by the
bureau.
(d)
The terms of a license agreement described in (b) above shall be
contained in any license agreement submitted for approval by the agency unless
a modification or amendment thereof has been approved by the New Hampshire
department of justice.
(e) Unless modified, amended or otherwise altered
following consultation with the
(1) If janitorial services are to be provided by
the proposed licensor, a description of those services and how they shall be
performed;
(2) A description of the provisions that are
either in place or are contractually agreed to be performed in the future in
order to assure architecturally barrier-free access leading into and extending
throughout the licensed space, in accordance with RSA 275-C and the federal
Americans with Disabilities Act;
(3) Proof, in the form of a letter signed by a
representative of the committee on architectural barrier-free design
established pursuant to RSA 275-C, that the agency has received an opinion from
that committee regarding whether the licensed space meets barrier-free
requirements;
(4) A current certificate of insurance,
indicating the existence of insurance in an amount specified in the license
agreement;
(5) If the proposed licensor is a New Hampshire
corporation, partnership or other form of business association, a current
certificate of good standing, certificate of existence or other documentation
from the New Hampshire secretary of state indicating that the proposed licensor
is duly constituted and in good standing in the state of New Hampshire;
(6) If the proposed licensor is a corporation,
partnership or other form of business association not formed in
(7) If the proposed licensor is not an
individual, a fully executed certificate of authority, in such format as
specified following consultation with the New Hampshire
department of justice, indicating that the corporation or other entity has
resolved to enter the agreement and that corporate officers or other
representatives of the entity are authorized to act in regard thereto;
(8) A description of the licensed space,
including its square footage and location within the building to be used by the
agency; and
(9) If the annual rent is not a fixed amount
throughout the duration of the term, a schedule of annual and monthly payments
due during the initial term and during any extended term of the license,
referencing any and all provisions of the license that define the annual rent.
(f)
The parties to the license agreement shall provide their authorized and
notarized signatures on the license agreement, but such license agreement shall
not be effective unless and until approved by the
(g)
A standard license agreement shall contain spaces in which an authorized
representative of the
(h) A license agreement shall contain spaces in which the
approval of the governor and executive council, if any, shall be noted by the
office of the secretary of state, together with the date of such approval.
(i)
A license agreement shall
contain, as an attachment, a cover letter submitted or to be submitted by the
agency to the governor and executive council, requesting authority to enter
into the license agreement.
(j) The
clauses of a license agreement
shall incorporate any attached exhibits by reference.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 610.15)
Adm 610.17 Procedure for Requesting Approval of
Rental Agreements at a Cost Less than the Governor and Council Approval
Threshold. Following an agency’s
selection of a property that it wishes to rent at a cost less than the governor
and council approval threshold, the agency shall, if the process has not been
cancelled by the state:
(a)
If not provided by the proposed lessor or licensor under the terms of
the proposed rental agreement, obtain estimates for the following services:
(1) Utilities;
(2) Custodial services;
(3) Renovations;
(4) Modifications;
(5) Repairs; and
(6) Recycling.
(b)
In the case of a lease agreement, submit to the bureau the rental
package described at Adm 610.18 below,
including:
(1) The completed and fully signed rental
agreement described at Adm 610.19 bearing the signatures of the agency and the
proposed lessor;
(2) All attachments required by the agreement;
and
(3) If any modifications, amendments or other
alterations have been made to the lease agreement form, the signature of a
representative of the
(c) In the case of a license agreement, submit to
the bureau the rental package described at Adm 610.18 below, including:
(1) The completed and fully signed rental
agreement described at Adm 610.20 bearing the signatures of the agency and the
proposed lessor;
(2) All attachments required by the agreement;
(3) If any modifications, amendments or other
alterations have been made to the content required under Adm 610.20, the signature
of a representative of the New Hampshire department of justice indicating
approval of the changes; and
(4) Plans and
specifications as noted in Adm 610.14 (b) (3), a., b., and c.
(d)
If any amendments or modifications to the language of a lease agreement
form as set forth at Adm 610.19 or the contents of a license agreement as set
forth at Adm 610.20 are desired to be made in the rental agreement, confer with
the
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 610.16)
Adm
610.18 Rental Package for Rental
Agreements at a Cost Less
than the Governor and Council Approval
Threshold. The completed rental package for rental
agreements at a cost less than the governor and council approval
threshold shall contain:
(a) A cover letter requesting the bureau’s
recommendation on the rental agreement, and containing the following
information:
(1) The reason why the agency chose the proposed
lessor or licensor named on the rental agreement;
(2) The best estimate of the cost of services and
items that might result in a cost to the agency that is not included in the
rental agreement, including but not limited to the following:
a. Utilities, including estimates for the annual
average costs of heat, electricity, and water;
b. Estimated annual costs of maintenance,
custodial, snow removal and cleaning services;
c. Projected costs of any repairs, improvements,
renovations, modifications or other changes to be made to the rented space; and
d. Any other costs, including the cost of
recycling, which costs shall be itemized; and
(3) Specifications regarding the agency that is
to occupy the rented space, which specifications shall include:
a. The agency name and names of subsections;
b. The number of staff positions that are to
occupy the rented location; and
c. The total square footage of the space to be
rented;
(b) If the rental agreement is a proposed lease,
the original and one copy of the completed and fully signed rental agreement,
in the form set forth in Adm 610.19, together with all attachments;
(c)
If the rental agreement is a proposed license agreement, the original
and one copy of the completed and fully signed rental agreement containing the
information noted at Adm 610.20.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from
Adm 610.17)
Adm 610.19 Form of Leases at a Cost
of Less than the Governor and Council Approval Threshold.
(a) In regard to
leases at a cost less than the governor and council
approval threshold over the duration of the agreement, the proposed lessor and the agency
shall, if the process has not been cancelled by
the state, execute a standard lease agreement form available from the bureau.
(b) Unless modified,
amended or otherwise altered with the approval of the
(c) The standard lease agreement form available
from the bureau shall contain a provision indicating that the lease and the
commencement of its term, and any extensions thereof, is conditioned upon its
approval by the commissioner.
(d)
The terms and conditions of a standard lease agreement form available
from the bureau shall not be modified or amended except upon approval of the
(e) Unless modified, amended or otherwise altered
following consultation with the New Hampshire department of justice, in order to address
the specific circumstances of the particular agreement, each standard lease
agreement form submitted for approval shall have attached thereto each of the
following exhibits or attachments:
(1) If any modifications or amendments to the
standard rental agreement have been made, the text of those changes;
(2) A current certificate of insurance from the
proposed lessor indicating that the proposed premises are insured in the
amounts specified in the proposed lease or in attachments or addenda thereto;
(3) If the proposed lessor is a New Hampshire
corporation, partnership or other form of business association, a current certificate
of good standing, certificate of existence or other documentation from the New
Hampshire secretary of state indicating that the proposed lessor is duly
constituted and in good standing in the state of New Hampshire;
(4) If the proposed lessor is a corporation,
partnership or other form of business association not formed in
(5) If not provided by the proposed lessor under
the terms of the proposed rental agreement, estimates for the following
services:
a. Utilities;
b. Custodial services;
c. Renovations;
d. Modifications;
e. Repairs;
and
f. Recycling.
(6) A printed copy of an accurate floor plan of
the leased space, measurable to scale, which shall include an illustration of
the space that is to be for the agency's sole use, and any space to be shared
with other building occupants;
(7) If provision of designated parking spaces is
included in the lease, an accurate plan depicting the parking spaces and their
relation to the building and site;
(8) A schedule of annual and monthly payments due
during the initial term and during any extended term of the lease;
(9) If janitorial services are to be provided by
the proposed lessor, a description of those services and how they shall be
performed;
(10) A description of the provisions that are
either in place or are contractually agreed to be performed in the future in
order to assure architecturally barrier-free access leading into and extending
throughout the lease space, in accordance with RSA 275-C and the federal
Americans with Disabilities Act;
(11) A description of the provisions made for
testing for, and complying with, clean air quality standards for state
buildings in accordance with RSA 10-B, or a certificate of compliance with
clean air quality standards;
(12) A detailed description of any improvements,
renovations, modifications, new construction or other changes to be made at the
premises, containing accurate, measurable floor plans depicting all proposed
demolition and or new construction, and the specifications for all new
construction and materials;
(13) A statement regarding the manner in which any waste materials for which markets are
readily available will be recycled,
in accordance with RSA 9-C:3; and
(14) If the proposed lessor is not an individual,
a fully executed certificate of authority, in such format as is specified by
the division following consultation with the New Hampshire department of
justice, indicating that the corporation or other entity has resolved to enter
the agreement and that corporate officers or other representatives of the
entity are authorized to act in regard thereto.
(f)
The proposed parties to the lease shall provide authorized and notarized
signatures in the spaces provided on the standard lease agreement form, but
such lease shall not be effective unless and until approved by the commissioner according to the standards set forth
at Adm 610.05 (c).
(g)
Any recommendation issued by the New Hampshire department of justice for
any modifications or amendments of the standard lease agreement form may be
noted by the New Hampshire department of justice either on the proposed lease
agreement form or in an attachment thereto.
(h) The standard lease agreement form shall
contain a space in which the approval of the commissioner, if any, shall be
noted, together with the date of such approval.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 610.18)
Adm 610.20 Content of License Agreements for a Cost
Less than the Governor and Council Approval Threshold.
(a) In regard to license agreements at a cost of less
than the governor and council approval threshold over the duration of the
agreement, the proposed licensor and the agency shall, if the process has not
been cancelled by the state, and unless modified, amended or otherwise altered
with the approval of the New Hampshire department of justice, execute a licensing
rental agreement containing at least that material specified at Adm 610.16 (b)
above, except that:
(1) The
provision noted in Adm 610.16 (b) (7) regarding approval shall indicate that
the agreement and the commencement of the term of the agreement, and any
extensions thereof, is conditioned upon its approval by the commissioner; and
(2) The provision noted in Adm 610.16 (b) (10) e., requiring a provision on
modification and amendment, shall not require approval of the governor and
executive council but shall instead require approval by the comissioner.
(b)
Sample license agreements shall be available to an agency from the
bureau.
(c)
The terms of a license agreement described in (b) above shall be
contained in any license agreement submitted for approval by the agency unless
a modification or amendment thereof has been made following consultation with
and recommendation by the New Hampshire
department of justice.
(d) Each license agreement at a cost less than the
governor and council approval threshold submitted by an agency for
approval shall have attached thereto, unless modified, amended or otherwise
altered following consultation with the
(e)
The parties to the license agreement shall provide their authorized and
notarized signatures on the license agreement, but such license agreement shall
not be effective unless and until approved by the commissioner according to the
standards set forth at Adm 610.05 (c).
(f) Any approval or
recommendation issued by the
(g) The clauses of
the proposed license agreement shall incorporate any attached exhibits by
reference.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from
Adm 610.19)
Adm 610.21 Vendor Code Number Requirements for Lessors
and Licensors.
(a) A lessor or licensor that does not possess a
vendor code number shall, before submission for approval of a rental
agreement by the governor and council or by the commissioner, submit to the
division of procurement and support services the fully executed items described
in Adm 603.02 and Adm 603.03.
(b) Following submission of the items noted in
(a) above, the lessor or licensor shall be assigned a vendor code number.
(c) The provisions of Adm 603.04 relating to the
vendor code number list shall apply to lessors and licensors holding vendor
code numbers.
Source. #8310, eff 5-11-05; amd by #9501, eff 7-6-09;
ss by #10364, eff 7-1-13 (from Adm 610.20); amd by #10827, eff 5-16-15
Adm 610.22 Agency
Reporting of Leases and Licenses for Use of Premises.
(a) In accordance
with RSA 21-I: 11, I (a) (5) (B) and the bureau’s responsibilities under RSA
21-I: 12, each agency renting space shall report the status of any rental
agreement to the bureau in writing at least once each year.
(b) The report on
the status of each rental agreement under (a) above shall:
(1) Be in the form of a letter to the bureau
signed by an authorized representative of the agency; and
(2) Shall include at least the following
information:
a. Whether or not the premises have been vacated
or are still occupied;
b. Whether or not rent is currently being paid;
c. The annual cost of all utilities and other
costs of occupancy that are not included in the annual rent;
d. Whether or not the information contained on
the bureau’s master list of leased property is correct as of the date of the
report; and
e. If the information contained on the bureau’s
master list of leased property is not correct as of the date of the report, the
items that are incorrect, together with the correct information.
(c)
Reports under (a) above shall be submitted no later than May 1 of each
year.
Source. #8310, eff 5-11-05; amd by #9501, eff 7-6-09;
ss by #10364, eff 7-1-13 (from Adm 610.21); amd by #10827, eff 5-16-15
Adm 610.23 Duration of Rental Agreements.
(a) Except as
allowed under (b) below, no rental agreement shall be for a duration of more
than 5 years, including any option or options to extend.
(b)
In accordance with RSA 4:39-b, any rental agreement which exceeds the
5-year maximum duration set forth in (a) above shall be submitted to the long
range capital planning and utilization committee described at RSA 17-M for
approval.
(c)
Any request under (b) above shall be reviewed and approved by the long
range capital planning and utilization committee prior to submission of the
rental agreement to the governor and executive council, or to the commissioner,
for approval.
(d) If an agency wishes
to extend the duration of a rental agreement, and if such agreement originally
required governor and executive council approval, any extension shall itself
require separate governor and executive council approval, whether or not
reference to the possibility of an extension was cited in the original rental
agreement.
Source. #8310, eff 5-11-05, eff 7-1-13 (from Adm
610.24)
Adm 610.24 Waiver Procedure.
(a) A waiver from
the provisions of these rules shall be granted by the commissioner if requested
by an agency and the commissioner concludes that:
(1) The waiver is allowed by law;
(2) The agency is required by law or by
instruction of the governor and executive council to meet a deadline to obtain
leased space sooner than the time periods established by these rules; and
(3) The waiver is the result of circumstances
beyond the agency’s control.
(b)
An agency
requesting a waiver under (a) above shall do so in a writing that contains a
detailed description of why the waiver is necessary, including an explanation
of how the request for a waiver comports with the standards set forth in (a)
above;
(c) The commissioner
shall waive the provisions of these rules, regardless of whether an agency has
so requested, if the commissioner concludes either that:
(1) Waiver is required under the standards set
forth at (a) above;
(2) The purpose of the rule sought to be waived
would be achieved even if waiver were given and the waiver is necessary to
advance the purposes of RSA 21-I;
(3) The waiver is required by law; or
(4) Waiver is warranted under Adm 601.07 (b).
(d) A waiver granted
under this section shall not be permanent in nature and shall only apply to the
particular circumstances giving rise to the issuance of the waiver.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 610.25)
Adm 610.25 Cancellation of Selection Process.
(a) The division or
commissioner shall at any time in the process cancel any rental agreement
selection process, design development and proposal process, or selection
process when the division or commissioner concludes that the continuation of
the particular process or rental is not in the best interests of the state of
(b) For the purposes
of (a) above, the division or commissioner shall cancel, decline to enter into
any agreement, or decline to recommend entry into any agreement, if the
division or commissioner concludes either that:
(1) Such action is warranted so as to avoid the
potential that space of an unacceptable quality, price, type, or other term of
agreement will be provided to the state;
(2) Such action is warranted under the terms of
the particular rental selection process;
(3) Such action is warranted so as to enable an
agency to fulfill its mission, or for the state to maximize the effective use
of funds or other resources;
(4) Such action is required in view of funding
constraints;
(5) Such action would be likely to enable the
state to address its needs in a more timely, efficient or cost-effective manner
than would continuation of the process;
(6) Such action is warranted so as to comply with
statutory law, case law, or these rules, or to advance the purposes of RSA 21-I
or these rules; or
(7) Such action is otherwise warranted to foster
the integrity of the process.
(c)
Cancellation under the foregoing paragraphs shall not preclude the
initiation of a new process for the selection of rented space in regard to the
matter cancelled.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
(from Adm 610.26)
Adm 610.26 Debarment.
(a) Pursuant to 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 prospective lessors and licensors shall,
as part of their proposal under Adm 610.12, provide an affidavit as described
in Adm 604.07 (d).
(c) Pursuant to RSA 21-I: 11-c, I (b), failure
to submit the affidavit noted in (b) above, the filing of a false affidavit or the signing of
an affidavit by an unauthorized person shall result in the automatic rejection of
the proposal.
(d)
Individuals or entities which are identified on the list described in RSA
21-I: 11-c, II shall be debarred from submitting proposals.
(e) Inclusion on the
debarred parties list shall be accomplished in accordance with the processes
set forth in RSA 21-I: 11-c.
Source. #10364, eff 7-1-13
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 form entitled
“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
form entitled “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
Adm 611.02 Acceptance and Valuation of Items By State
Surplus Management.
(a) State surplus management shall, upon
submission of a declaration of surplus form described in Adm 611.07, accept,
either for redistribution or for disposal, such property as is submitted to it
by entities that are part of New Hampshire state government, 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
submission of a declaration of surplus form 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
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
(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 his or her 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 his or her 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
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
Adm 611.05 Submission of Computers or Computer
Components to State Surplus Management.
(a)
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:
(1) 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
(2) Submit to state surplus management, in
addition to the declaration of surplus form described in Adm 611.07, at the
time of the delivery of the computer or computer component for disposal, a
certification of hard-drive disposition form as described in (b) below.
(b)
On the hard-drive disposition form noted in (a) above, the entity
submitting the item shall provide the following:
(1) A description of the item submitted,
including the make and model;
(2) The serial number of the item;
(3) Whether or not the hard-drive or similar data
storage component has been removed from the item;
(4) A description of the method used to destroy,
degauss or otherwise completely eliminate the data on the computer or
component;
(5) If software or a degaussing device was used
to destroy or degauss data, the manufacturer, version and year of manufacture
of the item used;
(6) If the destruction or degaussing of data was
accomplished by a facility other than the entity submitting the item to state
surplus management, the name of the facility, date of destruction or degaussing
and a description of the equipment or software used to accomplish the
destruction or degaussing;
(7) The name of the representative of the
submitting entity that was responsible for assuring the destruction of the data;
(8) The name of the entity submitting the item to
state surplus managment;
(9) The work address and telephone number of the
person identified in (b) (7) above;
(10) The signature of the person identified in (b)
(7) above, which signature shall certify that:
a. The data on the above-identified item has
been completely destroyed, degaussed or otherwise completely removed from the
item as indicated on the form;
b. The information provided on the form is true,
accurate and complete; and
c. The signer acknowledges that, pursuant to RSA
641:3, knowingly making a false representation on the form is punishable as a
crime; and
(11) The date of the signature provided in (b) (10) above.
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13
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
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, as such on the
declaration of surplus form 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 as such on the
declaration of surplus form 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 complete the declaration of surplus form described below.
(e) Prior to submitting either a declaration of
surplus form 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) The declaration of surplus form shall consist
of the following parts:
(1) Part A, entitled “Declaration of Surplus
Property,” on which the agency or other entity making the submission shall
provide the following information or, if it is not applicable, so indicate:
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. The location of the property;
d. A description of the item that has been
declared surplus, including the item's size, model and materials;
e. A description of the condition of the item;
f.
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;
g. The name of the contact person for the agency
or other entity submitting the form;
h. The telephone number and e-mail address of
the contact person for the agency or other entity submitting the form;
i. The name, and the signature, of the person
who completed the form; and
j. The name, and the signature, of the
representative of the agency or other entity who has approved the making of the
declaration of surplus; and
(2) Part B, entitled “Surplus Vehicle Checklist,”
which shall be completed only when the declaration of surplus involves a motor
vehicle.
(g)
On Part B of the form noted in Adm 611.07 (f) (2) above, the submitting agency or other entity shall
provide:
(1) The date that the form was completed;
(2) The registration or equipment number last
held by the vehicle;
(3) The name of the agency or other entity
submitting the vehicle;
(4) The name of the contact person for the agency
or other entity submitting the vehicle;
(5) The year of the vehicle;
(6) The make of the vehicle;
(7) The body style of the vehicle;
(8) The mileage on the vehicle;
(9) The type of engine in the vehicle;
(10) The type of transmission in the vehicle;
(11) The color of the vehicle;
(12) Whether or not the vehicle will start;
(13) Whether the vehicle can be jump-started;
(14) Whether or not the vehicle can be driven in
its present condition;
(15) A list of the repairs needed;
(16) A list of all recent repairs;
(17) A list of any options or special accessories
on the vehicle;
(18) Any other remarks the entity submitting the
vehicle believes are pertinent to the condition or identification of the
vehicle, including, if not identified elsewhere on the form, the serial number
of the vehicle and the date that it was last inspected;
(19) Whether or not the declaration of surplus
form is attached;
(20) Whether or not the vehicle checklist has been
fully completed;
(21) Whether or not 2 sets of keys have been
provided;
(22) Whether or not all decals have been removed
from the vehicle;
(23) Whether or not the vehicle has been cleaned;
(24) Whether or not any operative fuel tank is at
least Ľ full;
(25) Whether or not all fluid levels are full;
(26) Whether or not a current title or registration
has been provided; and
(27) The signature, telephone number and e-mail
address of the person completing the form.
(h)
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.
(i)
The description of the condition of the item noted in (f) (1) e. 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.
(j)
In addition to the declaration of surplus form described above, each
agency or other entity submitting any computer or computer component designed
to store data shall submit to state surplus management a hard-drive disposition
form as described in Adm 611.05.
(k)
Any agency or other entity wishing to submit property to state surplus
management for redistribution or disposal shall submit the applicable, fully
executed forms described above to state surplus property management at
Source. (See Revision Note at part heading for Adm
611) #10364, eff 7-1-13
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
(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
(1) Unless exempt under RSA 261:3,
(2) If exempt under RSA 261:3,
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 Ľ 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
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 an other 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
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
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
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
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
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
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
6ll.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
Adm 611.16 Charges and Procedures in the Case of
Redistribution of Property.
(a) If an entity which is part of state government
acquires property by way of redistribution and makes payment using a fund which
is the same fund as was used by the entity submitting the property to procure
it (for example, if an agency uses the general revenue fund of RSA 6:12 to
acquire property redistributed from an agency that used the general fund to
procure it):
(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 an entity which is part of state
government acquires property by way of distribution and makes payment using a
fund which is different from the fund used to procure the property (for
example, if an agency uses general fund revenue to acquire property
redistributed from an agency that used a restricted fund to procure it):
(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, by way of redistribution, an entity which is part of state government acquires property, such as
donated property, which did not originate with a purchase by another entity of
state government:
(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
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
Adm 611.18 Submissions to State Surplus Management by
Entities Other than Agencies. Entities that are
part of
(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
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)
(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
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
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
(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
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
amd by #10827, eff 5-16-15
Adm 612.04 Application Procedure for Participation in
the
(a)
Before submitting the surplus distribution agreement 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
Adm 612.05 Surplus Distribution Agreement Form.
(a)
If required to utilize a surplus distribution agreement form under these
rules, an applicant shall provide the following on a surplus distribution
agreement form meeting the requirements of 7 CFR Chapter II, 250.12 (b), provided
by the surplus distribution section:
(1) The name of the applicant;
(2) The applicant’s street address;
(3) The city and state in which the applicant’s
street address is located;
(4) The applicant’s zip code;
(5) The applicant’s e-mail address;
(6) The name of a contact person designated by
the applicant;
(7) The applicant’s telephone number;
(8) The applicant’s fax number;
(9) The signature of an authorized representative
of the applicant;
(10) The title of the person signing the form on
behalf of the applicant;
(11) The date of the signature noted in (9) above;
and
(12) Under the heading “Address Form”:
a. On the lines entitled “facility name,” the
name of each institution or location which will be utilizing commodities under
the program;
b. For each institution or location noted in
(12) a. above, the name of the lunch director or other person who is
responsible for the management of the food program at each location or institution;
c. For each institution or location noted in
(12) a. above, the name of the person at the institution or location that is to
be contacted regarding the items that are to be delivered;
d. The telephone number of each person listed in
(12) c. above;
e. The fax number of each person listed in (12)
c. above;
f. The e-mail address of each person listed in
(12) c. above, if any;
g. For each institution or location noted in
(12) a. above, the name of the person that is to be contacted regarding any
accounts payable;
h. The telephone number of each person listed in
(12) g. above;
i. For each institution or location noted in
(12) a. above, the address to which billing is to be sent; and
j. For each institution or location noted in
(12) a. above, the address to which delivery, if any, is to be made, including
the street number, city and state.
(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
Adm 612.06 Supporting Materials Required for Participation in the
(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 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
Adm 612.07 Supporting Material Required for Participation in the Child and Adult
Care Food Program. In addition to the
fully executed agreement 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;
(c) A
fully executed
commodities in lieu of cash statement form provided by the surplus distribution
section on which the applicant shall provide:
(1) Whether the applicant is either:
a. An adult
day care facility, together with a specification of the approximate number of
meals served per year; or
b. A child
care facility, together with a specification of the approximate number of meals
served per year.
(2) The name of the applicant;
(3) The applicant’s address, including the street
address, city, state and zip code;
(4) The signature of the person submitting the
application on behalf of the applicant, which signature shall constitute the
applicant’s election to participate in the program, whereby commodities are
received in lieu of cash; and
(5) The title of the person signing the form.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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 provided by the surplus distribution section
on which the applicant shall provide:
(1) The complete name of the camp, as defined in
7 CFR Chapter II, Part 225;
(2) The summer address of the camp identified in
(a) (1) above, including the street address, city, state and zip code;
(3) The telephone number of the camp identified
in (a) (1) above;
(4) The name of the sponsor, as defined in 7 CFR
Part II, Section 225.2;
(5) The telephone number of the sponsor;
(6) The winter address of the sponsor, including
the street address, city, state and zip code;
(7) If the type of camp program in which the
applicant participates is the commodity only camp, special milk program as
described in 7 CFR Chapter II, Part 215, whether the applicant is utilizing a
food service management company as defined in 7 CFR Chapter II, Section 250.3;
(8) If the type of camp program in which the
applicant participates is the commodity only camp, special milk programs as
described in 7 CFR Chapter II, Part 215 and if the applicant is utilizing a
food service management company as defined in 7 CFR Chapter II, Section 250.3,
the name of the food service management company;
(9) The signature of the authorized
representative of the applicant, certifying that the information provided on
the form and the documentation provided in support of the application are true,
accurate, complete and unaltered;
(10) The title of the person identified in (a) (9)
above; and
(11) The date that the rider to the agreement form
was signed;
(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;
(d)
If the applicant is a private nonprofit organization, a letter of
determination from the United States Internal Revenue Service;
(e)
A fully executed civil rights compliance review form provided by the
surplus distribution section on which the applicant shall provide:
(1) The name of the camp or other facility;
(2) The address of the camp or other facility,
including street address, city, state and zip code;
(3) The name and title of the official
responsible for the overall management of camp or facility;
(4) The name and address of the sponsor;
(5) The actual current number of individuals
participating in the program as determined from the previous year’s records who
are:
a. American indian or Alaskan native;
b. Black;
c. White;
d. Asian or Pacific Islander; and
e. Hispanic;
(6) The total actual number of campers or other
individuals participating in the program as determined from the previous year’s
records;
(7) Whether or not the camp or facility limits or
denies admission because of race, color, national origin, sex, age or
disability;
(8) Whether membership in any organization is a
prerequisite for admission and, if so, the name of the organization in which
membership is required;
(9) Whether or not membership in any organization
listed in (8) above is open to all minority groups;
(10) Whether or not the organization listed in (8)
above has minority group members;
(11) The number of persons requesting admission or
referred to the camp or facility in the previous program year;
(12) The number of persons in (11) above who were
minority group members;
(13) The number of persons accepted to the camp in
the prior program year;
(14) The number of persons in (13) above who were
minority group members;
(15) The criteria that are used in selecting applicants
for admission;
(16) Whether the camp has announced publicly that
admission to the camp is open to all persons regardless of race, color,
national origin, age, sex or disability;
(17) If the camp has announced publicly that
admission to the camp is open to all persons regardless of race, color,
national origin, age, sex or disability, the date when media was used to make
this announcement, together with copies of any brochures, news articles,
bulletins or other publications, for transmission to the United States
department of agriculture food and consumer services regional office;
(18) If the camp has announced publicly that
admission to the camp is open to all persons regardless of race, color,
national origin, age, sex or disability, but copies of media publications under
(17) above are not available, the date of the publication and a description of
the media used to make the announcement;
(19) Whether or not all services and facilities,
such as recreational and social areas, study areas and lavatories, are
routinely used by all persons without regard to race, color, national origin,
sex, age or disability;
(20) Whether the United States Department of
Agriculture’s “. . . And Justice for All” poster is displayed at the camp;
(21) Whether or not brochures, pamphlets or other
publications used by the camp to publicize its program contain a
nondiscrimination statement;
(22) Whether or not records of the participation
of participants in the applicant’s program, including denials, are maintained
by race;
(23) Whether or not the camp is receiving federal
financial assistance from another federal agency and, if so, the name of the
agency;
(24) Any remarks of the applicant relative to the
answers provided on the form;
(25) The signature of the camp’s authorized
representative, certifying that the information provided on the form and the
documentation provided in support of the application are true, accurate,
complete and unaltered;
(26) The title of the person signing the form; and
(27) The date that the form was signed.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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, 250.62, an applicant shall submit to the surplus
distribution section:
(a)
A fully executed surplus distribution agreement form containing all
information required by 7 CFR Chapter II, 250.12 (b), as described at Adm 612.05
above;
(b)
A fully executed rider to agreement form containing the information described
at Adm 612.08 (a) (1) – (6) and (9) – (11) above;
(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 civil rights compliance review form as described at Adm
612.08 (e) above.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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 surplus distribution agreement 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 provided by the surplus
distribution section, on which the applicant shall provide:
(1) Under the heading “facility name,” the name
of the applicant;
(2) The applicant’s street address;
(3) The city, state and zip code of the
applicant’s street address;
(4) The applicant’s telephone number;
(5) Whether the applicant is:
a. A nonprofit tax-exempt activity;
b. A public entity which is not educational in
nature or a penal institution;
c. A hospital;
d. A correctional institution that conducts rehabilitation
programs; or
e. Another type of institution, facility or
program, together with a description of the services provided by, and the functions
of, the institution, facility or program;
(6) If the applicant is not a governmental
entity, the date of any tax exemption received from the United States Internal
Revenue Service, attaching thereto a copy of the documentation of the exemption
received from the internal revenue service;
(7) If a blanket or group exemption has been
received from federal taxation, a description of the blanket exemption;
(8) Whether or not a food service management
company as defined in 7 CFR Chapter
II, Section 250.3 is employed or to be employed by the applicant, and, if so, a
copy of any contract with the food service management company;
(9) Whether the applicant serves either:
a. Breakfast;
b. Lunch;
c. Dinner; or
d. A combination of the foregoing, together with
a specification of which meals are served.
(10) Under the heading “The following method will
be utilized to determine extent of eligibility”:
a. The average daily number of eligible persons
served;
b. The percentage by which income was subsidized,
calculated according to form B-1 provided by the surplus distribution section
and described at Adm 612.10 (c) below;
c. The eligible caseload subtotal, consisting of
the number in (10) a. above multiplied by the percentage in (10) b. above;
d. The number of children participating in
school lunch programs; and
e.
The total eligible caseload, determined by subtracting the number of children participating
in school lunch programs identified in (10) d. above from the eligible caseload
subtotal identified in (10) c. above;
(11) The signature of a representative of the
applicant authorized to sign the form on behalf of the applicant, certifying
the following in a statement preprinted on the form:
a. The information provided on the application form
and the documentation provided in support of the application are true,
accurate, complete and unaltered; and
b. The applicant acknowledges that, pursuant to
RSA 641:3, knowingly making a false representation on the application form is
punishable as a crime;
(12) The title of the person signing the form; and
(13) The date that the form was signed;
(c)
A
fully executed form B-1 provided by the surplus distribution section and
appearing on the reverse of financial data form described in (b) above, on
which the applicant shall provide:
(1) The months and years of the financial records
or data utilized to complete the form;
(2) The annual amount of funds received by the
institution that are derived from subsidized income as described in 7 CFR, Chapter
II, Section 250.67 (c);
(3) The annual amount of funds received by the
institution that are derived from nonsubsidized income as described in 7 CFR,
Chapter II, Section 250.67 (c);
(4) The total amount of income derived from all
sources, whether subsidized or nonsubsidized;
(5) The percentage by which the total income of
the applicant was subsidized, calculated by dividing the amount of subsidized
income listed under (c) (2) above by the amount of total income listed under
(c) (4) above;
(6) The printed or typewritten name of the person
who compiled the information in (c) (1) through (5) above;
(7) The title of the person who compiled the
information in (c) (1) through (5) above;
(8) The date that the form was executed; and
(9) The signature of a representative of the
applicant authorized to sign the form on behalf of the applicant, certifying
the following in a statement preprinted on the form:
a. The information provided on the application
form and the documentation provided in support of the application are true,
accurate, complete and unaltered; and
b. The applicant acknowledges that, pursuant to
RSA 641:3, knowingly making a false representation on the application form is
punishable as a crime;
(d)
A
fully executed civil rights compliance review form provided by the surplus
distribution section as described in Adm 612.08 (e) above;
(e)
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;
(f) 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);
(g) 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;
(h) 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
(i)
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
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, 251.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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, 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, 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:
(1) $2.75 per case of food distributed to
participants on or before June 30, 2013; and
(2) $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 for unloading from the delivery vehicle 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
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 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
Adm 612.15 Entities No Longer Wishing to Participate
In the Summer Food Service Program for Children or Charitable Institution
Programs.
(a)
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 form provided by the surplus distribution section.
(b)
On the form noted in (a) above, the entity shall provide:
(1) Whether it either:
a. Desires
to be removed from the surplus distribution section’s computer database and not
receive future customer mailings; or
b. Desires to be notified of the program for
following years;
(2) The name of the entity; and
(3) The name of the representative submitting the
form.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13
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
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
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, eligibility application, 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
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
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
Adm
613.06 Use of Property. An applicant shall acquire and
use federal surplus property only for the purposes set forth in 41 CFR
102-37.435.
Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13;
ss by #13422, eff 7-30-22
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
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
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 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: 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, |
|
Adm 604.04 |
RSA 21-I: 1, II (h); RSA 21-I: 13, RSA 21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1, 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 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 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 21-I: 14, XII |
|
Adm 606.04 |
RSA 21-I: 1, II (h); RSA 21-I: 13, I;RSA 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 607.09 |
RSA 541-A: 16
(b); RSA 21-I: 1, II (h); RSA 21-I: 13, V; RSA 21-I: 11,
II, V; RSA 21-I: 14, XII; RSA 21-I:
1: II (b) |
|
Adm 607.10 |
RSA 21-I: 1, II (h); RSA 21-I: 13, V; RSA 21-I: 11, II, V; RSA 21-I: 14, XII ; RSA 21-I: 1: II (b) |
|
Adm 607.11 |
RSA 21-I: 18, II; RSA 541-A: 22, IV; RSA 21-I: 14, XII-a; RSA 21-I: 13, I, V |
|
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 609.02 |
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; RSA 541 |
|
Adm 609.02 (b) |
RSA 541-A: 7; RSA 541-A: 16, I (b); RSA 541-A: 38 |
|
Adm 610.01 |
RSA 21-I: 13, VII; RSA 21-I: 1, II (m); RSA 21-I: 11, I, II.; RSA 21-I: 13, I, V; RSA 21-I:
12, II;
RSA 541-A: 16, I (b); RSA 541-A: 1, XV |
|
Adm 610.01 (a) |
RSA 541-A: 7; RSA 21-I: 13, VII; RSA 21-I: 1, II (n) |
|
Adm 610.02 |
RSA 541-A: 7; RSA 21-I: 1, II (m); RSA 4: 15 |
|
Adm 610.02 (b), (e) |
RSA 541-A: 7; RSA 21-I: 1, II (n); RSA 21-I: 12, II (a) |
|
Adm 610.02 (p) |
RSA 541-A: 7; RSA 21-I: 12, II (a) (1) |
|
Adm 610.03 |
RSA 21-I: 13, I, V, VII; RSA 541-A: 1, XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 11, II, III; RSA 541-A: 16, I
(b); RSA 4: 15 |
|
Adm 610.04 |
RSA 21-I: 12, II (a); RSA 21-I: 1, II (m); RSA 21-I: 13, I, VII; RSA 541-A: 1,
XV; RSA 21-I: 11, I, II; RSA 4: 15 |
|
Adm 610.04 (a) intro |
RSA 541-A: 7; RSA 21-I: 12, II (a) (1) |
|
Adm 610.04 (b) |
RSA 541-A: 7; RSA 21-I: 12, II (a) (1) |
|
Adm 610.05 |
RSA 21-I: 13, I, V, VII; RSA 541-A: 1, XV; RSA 541-A: 16, I (b); RSA 21-I: 11, II; RSA 21-I: 12, I, II; RSA 21-I: 1, II (m); RSA 4:15 |
|
Adm 610.06 |
RSA 21-I: 11, I, II, III; RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II.; RSA 21-I: 1, II (m); RSA 541-A: 16, I (b); RSA 21:
32 |
|
Adm 610.07 |
RSA 21-I: 11, I, II, III; RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 541-A: 16, I (b); RSA 275-C;
RSA 21-I: 19-a; RSA 155-A: 13; RSA
9-C; RSA 10-B |
|
Adm 610.08 |
RSA 21-I: 11, I, II, III; RSA 21-I: 13, I VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 541-A: 16, I (b) |
|
Adm 610.09 |
RSA 21-I: 11, I, II, III; RSA 21-I: 13, I, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m). |
|
Adm 610.10 |
RSA 21-I: 11, I, II, III; RSA 21-I: 13 I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 541-A: 16, I (b) |
|
Adm 610.11 |
RSA 541-A: 22, IV; RSA 21-I: 11, II, III; RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 541-A: 16, I (b); RSA 21-I:
12, II; RSA 21-I: 1, II (m); RSA 4:15 |
|
Adm 610.12 – Adm 610.13 |
RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 11, I, II, III; RSA 21-I: 11-c |
|
Adm 610.14 |
RSA 541-A: 16, I (b); RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 13, I, V, VII; RSA 541-A: 1, XV; RSA 275-C; RSA 10-B; RSA 21-I: 11, I, II, III; RSA 4:15 |
|
Adm 610.15 |
RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 11, I,
II; RSA 21-I: 12, II; RSA 21-I: 1, II
(m); RSA 541-A: 16, I (b); RSA 541-A: 19–b; RSA 4:15; RSA 9-C: 3 |
|
Adm 610.16 |
RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A: 1, XV;
RSA 21-I: 11, I, II; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 275-C; RSA 5: 18-a ; RSA 4:15 |
|
Adm 610.17 |
RSA 541-A: 16, I (b); RSA 21-I: 11: I, II; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 4:15 |
|
Adm 608.18 |
RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II
(m) |
|
Adm 610.19 |
RSA 541-A: 16, I (b); RSA 541-A: 19 –b; RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II
(m); RSA 21-I: 11, I, II; RSA 541-A: 16, I (b); RSA 275-C; RSA 10-B; RSA 5: 18-a; RSA 4:15; RSA 9-C: 3 |
|
Adm 610.20 |
RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV; RSA 21-I: 11, I, II; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 4:15 |
|
Adm 610.21 |
RSA 541-A: 16, I (b); RSA 21-I: 13, I, VII; RSA 541-A: 1,
XV; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 11, II, III; RSA 21-I:
14, XVII |
|
Adm 610.21 (a) |
RSA 541-A: 7 |
|
Adm 610.22 |
RSA 541-A: 16, I (b); RSA 21-I: 11, II, VII (b); RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 13, I, V, VII; RSA 541-A: 1,
XV |
|
Adm 610.22 (a) |
RSA 541-A: 7; RSA 21-I: 11, I (a) (5) (B) |
|
Adm 610.23 |
RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 13, I, II, VII; RSA 541-A: 1,
XV; RSA 17-M ; RSA 4:39-b |
|
Adm 610.24 |
RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I: 12, II; RSA 21-I: 1, II (m); RSA 21-I: 13, I, II, VII; RSA 541-A: 1,
XV; RSA 541-A: 22, IV
|
|
Adm 610.25 |
RSA 21-I: 13, I, V, VII; RSA 21-I: 11, I, II; RSA 541-A: 16, I (b); RSA 21-I: 1, II (m); RSA 21-I: 12, II |
|
Adm 610.26 |
RSA 21-I: 1, II (h); RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA 21-I:
11-c; RSA 21-I: 13, I; RSA 541-A: 16 (b) |
|
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, I (b), (d) and (e); RSA 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 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); RSA 21-I: 12, I (c) – (e); RSA
541-A: 16, I (b) |
|
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) ) |
|
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 |
RSA 21-I:12, I
(e); 41 CFR 102-37; RSA 21-I:13, X |
|
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:12, I
(e); RSA 21-I:13, X; RSA 541-A:16, I (b); |
|
Adm 613.04 |
RSA 21-I:12, I
(e); RSA 21-I:13, X. 41 CFR 102-37,
Appendix B, paragraph (p); 41 CFR 102-37.405 |
|
Adm 613.05 |
RSA
21-I:12, I (e); RSA 21-I:13, X; 41 CFR 102-37; 41 CFR
102-37.425; 41 CFR 102-37, Appendix B |
|
Adm 613.06 |
RSA 21-I:12, I (e); RSA 21-I:13, X; RSA
541-A:16, I (b); 41
CFR 102-37.435; 41 CFR 102-37.260; 41 CFR 102-37.200 – 205; 41 CFR
102-37.390; 41 CFR 102-37.445; 41 CFR 102-37.450 |
|
Adm 613.07 |
RSA
21-I:12, I (e); 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. ; 40 USC Section 484 (j) (4) (D); 41 CFR
102-37.25 |
|
Adm 613.07 (o) |
RSA 541-A:7; RSA
21-I:11, I (a) (6); 41 CFR 102-37.55 |
|
Adm 613.07 (p) |
RSA 541-A:7; RSA
21-I:11, I (a) (6) |
|
Adm 613.08 |
RSA 21-I:12, I
(e); RSA 21-I:13, X; RSA 541-A:16, I (b); 41 CFR 102-37;
41 CFR 102-37.410 |