New Hampshire

Key Agency(ies):  

• The Department of Administrative Services (DAS) is the primary executive agency responsible for state procurement.
• Within DAS, the Bureau of Purchasing and Property has prime responsibility for purchasing goods and services for all state agencies and institutions, unless specifically exempted by law.
• The Governor and Executive Council must approve all state department and agency contracts over $10,000 (unless otherwise exempted).

Key Statute:

• Chapter 21-I of the New Hampshire Revised Statutes Annotated (N.H. Rev. Stat. Ann.) governs the Department of Administrative Services (including competitive bidding, sole source procurement, and agency exemptions).

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Key Regulations:

• The N.H. Code Admin. R.§ 600-613
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Procurement Types/Highlights:

• Competitive Bidding is the default method for state procurement. It applies to most purchases by state agencies and institutions unless specifically exempted by law.
• Sole source procurement is permitted only under specific circumstances, as outlined in N.H. Code Admin. 607.03 and N.H. Rev. Stat. Ann. § 21-I:11(1).
• Certain agencies and purchases are exempt from competitive bidding (e.g. N.H. Rev. Stat. Ann. § 21-I:18 and § 228:4 for transportation projects).

Bid Protests:

Regs Governing Bid Protests:

• N.H. Code Admin. R. 609

Eligible Protesters:

• Any person or association that requests a debriefing within 3 days of the notice of award (as required by N.H. Code Admin. R.§ 609.01) may file a request for informal resolution of a procurement grievance.
• There is no explicit restriction to only bidders; the rules allow “any person or association” to initiate the process.

Timeliness Rules:

• A debriefing request must be made within three days of the notice of award.
• A request for informal resolution must then be submitted to the administrator of the Division of Purchase and Property within 15 days of review of the notice of award or decision.

Protest Process:

• Any person or association wishing to protest must file a request for debriefing within three days.
• The protester must then submit their request for informal resolution to the Administrator of the Division of Purchase and Property within 15 days of reviewing the notice of award or decision.
• The request should briefly describe the nature of grievance and identify the people, associations, and agencies involved.
• Within 15 days of receiving the request, the administrator will:
• Take corrective action (and notify all involved parties) or
• Schedule additional informal communication (telephone or meeting) to attempt a mutually agreeable resolution.
• If an informal meeting is scheduled, it will occur within 15 days of the administrator’s notification.
• The administrator will issue conclusions (orally or in writing) within 10 days of the informal meeting or communication.

Appeals:

• Appeal of Informal Resolution
• If the protester is aggrieved by the informal resolution, they may request an adjudicative proceeding under New Hampshire Administrative Rules Adm 200.
• If corrective action was taken: The request for an adjudicative proceeding must be made within 15 days of the notice of corrective action.
• If an informal meeting or telephone communication was held: The request must be made within 15 days of the notice of conclusions.
• Administrative Review
• Under N.H. Rev. Stat. Ann. Chapter 541, a motion for rehearing of any order or decision by a state department or official must be made within 30 days after the order or decision.
• The motion must set forth every ground upon which the decision is claimed to be unlawful or unreasonable.
• The department or official must grant or deny the rehearing within 10 days.
• Judicial Review
• If a rehearing is denied or after a decision on rehearing, the applicant may appeal to the Supreme Court of New Hampshire by petition within 30 days.
• The petition must briefly state the nature of the proceeding, the order or decision complained of, and the grounds for the appeal.

Claims: 

• Claims and contract disputes follow the same process as bid protests: An informal resolution request must be filed within 15 days of the decision.
• If not resolved informally, parties may request an adjudicative proceeding and, if necessary, pursue administrative and judicial review under N.H. Rev. Stat. Ann. Chapter 541.

Suspension & Debarment:

• Bids, quotations, and proposals will be disqualified for reasons set forth in New Hampshire Administrative Rules Adm 604.04 (“Disqualification”). These reasons include:
• Failure to possess a vendor code number
• Failure to be in good standing with the New Hampshire Secretary of State
• Conviction of, or plea of guilty to, a prohibited bidding practice
• Debarment in any other state, or by the federal government
• Other enumerated reasons
• Disqualification can occur at the bid, quotation, or proposal stage.
• There is no explicit mention of a formal “suspension” process in the rules.

Interesting/Distinctions: 

• New Hampshire has a multilayer approval structure in place, as the Governor and Executive Council must approve most contracts over $10,000.
• While vendors may submit bids without being registered, contracts are only awarded to vendors registered and in good standing with the New Hampshire Secretary of State.