TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:11

    21-I:11 Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property. –
I. The procurement and support services, public works design and construction, and plant and property functions of the department shall be divided across the following divisions:
(a) The division of procurement and support services, which shall be under the supervision of an unclassified director of procurement and support services who shall be responsible for the following functions, in accordance with applicable law:
(1) Purchasing all materials, equipment, supplies, and services for all departments and agencies of the state including contracting for the purchase or rental of data processing equipment and contracting for the purchase of electric power supply and services, except as otherwise provided by law. Insofar as practicable all such purchases shall be made in such quantities and manner as shall be most economical for the state.
(2) Requiring competitive bidding before making any purchase for the state pursuant to the laws of the state applicable to the division's procurement functions, except:
(A) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than $10,000 or is a purchase in an approved class.
(B) When after reasonable investigation, it appears that any required unit or item of supply, or brand of such unit or item, is procurable by the state from only one source.
(C) When, after reasonable investigation, it appears that any required service, unit or item of supply, or brand of such unit or item, has a fixed market price at all sources available to the state.
(D) When, in the opinion of the governor, an emergency exists of a nature which requires the immediate procurement of supplies, he or she may authorize the director of procurement and support services to make a purchase without competitive bidding; and where the rates filed with and approved by the insurance commissioner are uniform, the purchase of state insurance and public state official and employee bonds are specifically excluded from competitive bidding as to price; provided, however, that nothing contained in this subparagraph shall preclude the director of procurement and support services from inviting plans of insurance coverage from any resident licensed insurance agent.
(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. In requesting such approval, the director shall first state in writing his or her reasons for not employing competitive bidding.
(4) Promptly furnishing to any agency and to the comptroller, a copy of any purchase order executed by him or her for supplies for the said agency.
(5) Maintaining a central inventory record of all state owned real property, physical plant and equipment, which record shall be made available to the comptroller to assist him or her in complying with accounting principles. In order to compile this record the director shall:
(A) Advise each state agency how to establish and maintain a perpetual inventory record system for real property whether rented or owned, physical plant, and equipment; and
(B) Require each state agency to report annually, in such form as prescribed by the director, an inventory of the real property whether rented or owned, physical plant, and equipment under its jurisdiction. The form of such report shall not be considered a rule subject to the provisions of RSA 541-A.
(6) Recommending to the commissioner fair and equitable charges to be assessed according to rules adopted pursuant to RSA 21-I:14, XI, against any recipients receiving any donated surpluses from the bureau of purchase and property's surplus distribution section which shall:
(A) Be sufficiently high to defray all administrative, warehousing, processing, distribution, and transportation costs incurred by the surplus distribution section and to allow the accumulation of a working capital reserve equal to the cost of 6 months' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and
(B) Be maintained by the treasurer in one of 2 separate, restricted funds:
(i) The surplus distribution section administrative assessments fund, into which shall be deposited funds received by the department by virtue of the disposition of surplus property; and
(ii) The federal surplus food fund, into which shall be deposited funds received by the department by virtue of the disposition of federal surplus food.
(7) Providing the text of any rule adopted pursuant to RSA 21-I:14, XI, to each recipient of donated commodities or surpluses distributed by the bureau of purchase and property's surplus distribution section.
(8) Requiring, prior to an agency's submission of a request for purchase of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000, that the agency obtain approval of the proposal by the chief information officer, or designee, to ensure that the procurement is consistent with the state information technology plan.
(9) [Repealed.]
(10) Supervising the activities and functions of the bureau of purchase and property under RSA 21-I:12, I(a).
(11) Supervising the department's activities and functions under RSA 21-I:12, I(b).
(12) Supervising the activities and functions of the bureau of graphic services under RSA 21-I:12, I (c), (d) and (e).
(b) The division of public works design and construction shall be responsible for the functions set forth in RSA 21-I:12, III.
(c) The division of plant and property, which shall be under the supervision of an unclassified director of plant and property who shall be qualified to hold that position by reason of education and experience and shall perform such duties as the commissioner from time to time may authorize. The director of plant and property shall be responsible for the following functions, in accordance with applicable law:
(1) Subject to the direction and supervision of the commissioner of administrative services, acting as custodian of the state house, legislative office building, state house annex, state library, and, with the exception of interior maintenance of the acute psychiatric services building and all transitional housing buildings including the Howard recreation building, all state-owned buildings located on the campus of the New Hampshire hospital as described in RSA 4:39-a, as well as the grounds connected with each of the foregoing properties, and have charge of all matters relating to the care, maintenance, and repair of said property.
(2) Providing the American Legion Department of New Hampshire, a private nonprofit organization, office space, free of charge, in the state-owned building located at 25 Capitol Street in Concord, New Hampshire or another state-owned building located in Concord.
(3) Having custody of all state-owned or rented real property not specifically charged to some other department and all personal property not specifically charged to some other department.
(4) Supervising the planning and management functions of the department under RSA 21-I:12, II(a).
(5) Supervising the general services functions of the department under RSA 21-I:12, II(b).
(6) Supervising the functions of the department related to court facilities under RSA 21-I:12, II(c).
(7) Supervising the department's activities and functions relating to energy management.
(8) Supervising the department's support of facilities of the department of health and human services.
II. With reference to the division of procurement and support services and the rulemaking authority of the commissioner in this area, the following definitions shall apply:
(a) "Supplies" shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature, including computer hardware, software, related licenses, media, and documentation, and support and maintenance services, excluding any systems that collect or store data off-site.
(b) "Agency" shall mean any board, department, commission, hospital, sanitarium, home, library, school, college, prison, or other institution conducted or operated by or for the state of New Hampshire.
(c) "Purchase" shall mean all contracts for the purchase of supplies or services, as well as the act of purchasing.
(d) "Emergency" shall mean any situation requiring the immediate purchase of supplies arising from any unavoidable casualty or disaster.
(e) "Governing board" shall mean the board, commission, board of trustees, department head or other administrative body responsible for the conduct of any agency.
(f) "Services" shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, recycled materials pickup, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. "Services" shall not mean services provided solely to one agency.

Source. 1983, 416:40; 469:130, 131. 1985, 4:4; 188:4; 399:16-18. 1986, 77:1-3. 1988, 227:18. 1990, 247:2. 1991, 346:6. 1995, 9:13. 1996, 57:3; 79:2. 2003, 223:19. 2005, 291:6. 2007, 263:1. 2008, 69:1, 2, eff. July 20, 2008; 85:1, eff. Jan. 1, 2009; 359:3, 9, II, eff. Sept. 9, 2008. 2012, 192:3-6, eff. July 1, 2012. 2013, 49:1, eff. Aug. 3, 2013; 227:1, eff. Sept. 13, 2013. 2014, 327:6, eff. Aug. 2, 2014. 2015, 276:32, eff. July 1, 2015. 2019, 346:4, 37, eff. July 1, 2019; 346:5, eff. June 23, 2021. 2021, 91:3, eff. July 1, 2021; 202:2, Pt. III, Secs. 7 and 10, eff. July 1, 2021.