THE STATE AND ITS GOVERNMENT
DEPARTMENT OF ADMINISTRATIVE SERVICES
Public Works Design and Construction
21-I:80 Major Projects.
I. Each state project whose estimated cost is more than $25,000 shall be built under contracts awarded to the lowest qualified bidder who meets all project specifications through competitive bidding. The following are excluded from this competitive bidding requirement:
(a) Projects executed under RSA 481 with approval of the governor and council.
(b) Projects for the department of fish and game, the adjutant general's department, and the department of natural and cultural resources, whose estimated total cost is not more than $500,000. The commissioner may grant other agencies an exclusion for specific projects whose estimated cost is not more than $500,000 if he or she concludes to do so is in the best interests of the state. Such projects may be done on a force account basis, by contracts awarded through competitive bidding, by short term rental of construction equipment, or by any combination of these methods. These departments are authorized to rent construction equipment for periods not exceeding 6 months at rates the departments deem competitive through the use of quotes or bids.
(c) In an emergency, projects may be done on a force account basis upon the recommendation of the commissioner, with the approval of the governor and council.
(d) Notwithstanding any other provision of law, the commissioner is authorized to use the design build and construction management methods of contracting for any project. The capital budget overview committee shall approve preliminary plans prior to construction, reconstruction, alteration, or maintenance if the project is part of a capital project and:
(1) The construction management method of contracting is used; or
(2) The design build method of contracting is used and the estimated cost is more than $500,000. If the design-build method of contracting is used and the estimated cost is $500,000 or less, preapproval of the capital budget overview committee shall not be required, but the department shall notify the committee of all such projects and shall provide quarterly reports on project status.
II. Any state project whose estimated cost is more than $500,000 shall be designed by a registered architect or professional engineer unless, upon recommendation of the commissioner, the governor and council shall find that it is in the best interests of the state to provide for in-house design. He or she shall prepare plans and specifications which meet the requirements of all applicable codes and shall provide on-site observation and inspection services. Each registered architect or professional engineer shall carry professional liability insurance in an amount satisfactory to the commissioner consistent with industry standards.
III. After written application to the capital budget overview committee, the requirements of paragraph II may be waived upon approval of the capital budget overview committee and the governor and council.
IV. State capital budget projects shall not be awarded through cost-plus contracts.
V. Any repair project authorized in the capital budget which requires consultant services shall be put into effect within 90 days after the adoption of the capital budget.
VI. (a) Prior to any work being done by an individual contractor on any major project under this section, such contractor, including all subcontractors and independent contractors, excluding deliveries to and removals from a project administered by the department, shall provide to the commissioner of administrative services:
(1) A certificate of insurance of his or her current workers' compensation coverage in New Hampshire for the classification of work to be completed on the project;
(2) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(3) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(4) A copy of the contractor's compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and
(5) The department may develop procedures to obtain the requirements in this section on an annual basis or by a prequalification procedure rather than on a project-by-project basis.
(b) If any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
(c) The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
(d) All funds collected under this paragraph shall be deposited into the general fund.
(e) The commissioner of labor shall appoint as many individuals as necessary to carry out the department's responsibilities under this paragraph.
(f) On a quarterly basis, the commissioners of administrative services and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
Source. 2005, 291:9. 2007, 323:3, 8. 2008, 270:2, 3, 5. 2010, 209:3, eff. Aug. 27, 2010. 2012, 247:12, eff. Aug. 17, 2012. 2013, 86:1, eff. Aug. 18, 2013. 2017, 156:14, I, eff. July 1, 2017. 2019, 292:1, eff. Sept. 27, 2019.