Adm 600 Plant & Prop Mgt

CHAPTER Adm 600 DIVISION OF PROCUREMENT AND SUPPORT SERVICES RULES

REVISION NOTE:

Document #13708, effective 7-29-23, adopted, repealed, readopted, readopted with amendments, or readopted with amendments and renumbered all of the rules in Chapter Adm 600 titled “Procurement and Property Rules”. The former rule numbers are indicated in the source notes. Document #13708 also adopted Chapter Adm 800 titled “Agency Leases”, which was largely based on the former Part Adm 610 titled “Agency Leases.” Document #13708 replaces all prior filings for rules in the former Chapter Adm 600.

Document #13708 adopted the following new rules in Part Adm 604:

PART Adm 604 BIDDING REQUIREMENTS

Adm 604.05 Disqualifications—Nonconformities Subject to Correction and Cure.

Adm 604.11 Claims of Confidentiality.

Document #13708 repealed or deleted the following rules in the Parts indicated:

PART Adm 604 BIDDING REQUIREMENTS

Adm 604.09 Request for Quotation Form.

PART Adm 607 PURCHASING REQUIREMENTS FOR STATE AGENCIES

Adm 607.09 Requisitions for Used Items.

Adm 607.10 Purchases Involving Federal Funding.

Adm 607.11 Waivers of Purchasing Requirements to Prevent Loss of Federal or

Other Funds.

PART Adm 608 AGENCY REQUIREMENTS FOR PLANT AND PROPERTY

MAINTENANCE

Adm 608.03 Service Contracts.

PART Adm 609 DISPUTED MATTERS

(formerly PRE-ADJUDICATIVE PROCEEDING PROCEDURES IN CASES INVOLVING THE DIVISION OF PROCUREMENT AND SUPPORT SERVICES, BUREAU OF PURCHASE AND PROPERTY)

Adm 609.02 Informal Resolution.

PART Adm 610 AGENCY LEASES (all sections)

The prior filings affecting the repealed Adm 604.09 included the following documents:

#8310, eff 5-11-05

#9501, eff 7-6-09

#10364, eff 7-1-13

#10827, eff 5-16-15

The prior filings affecting the deleted Adm 607.09 and Adm 607.10 included the following documents:

#8310, eff 5-11-05

#9501, eff 7-6-09

#10364, eff 7-1-13

The prior filing affecting the deleted Adm 607.11 included the following document:

#10364, eff 7-1-13

The prior filings affecting the repealed Adm 608.03 included the following documents:

#4985, eff 11-19-90

#6355-A, eff 11-20-96

#8193, INTERIM, eff 11-12-04

#8310, eff 5-11-05

#10364, eff 7-1-13

#10827, eff 5-16-15

The prior filings affecting the deleted Adm 609.02 included the following documents:

#6355-A, eff 11-20-96

#8193, INTERIM, eff 11-12-04

#8310, eff 5-11-05

#10364, eff 7-1-13

#10827, eff 5-16-15

The prior filings affecting one or more of the repealed rules in Part Adm 610 included the following documents:

#6355-A, eff 11-20-96

#8193, INTERIM, eff 11-12-04

#8310, eff 5-11-05

#9501, eff 7-1-09

#10364, eff 7-1-13

#10827, eff 5-16-15

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 department’s 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 a vendor, as described in Adm 602.

(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 themselves 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) 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.

(h) 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.

(i) 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.

(j) The requirements of Adm 604, 605, and 606 shall apply to all requests for bids, requests for proposals, and requests for quotations unless otherwise specified in the specifications or requirements of a particular request for bid, request for proposal, or request for quotation.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 601.02 Purpose of Rules.

(a) These rules implement RSA: 21-I by:

(1) Setting forth requirements for vendors;

(2) Setting forth purchasing 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 codes 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 601.04 Time. Unless otherwise specified, all times expressed by the division of procurement and support services 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 the commissioner’s designee may waive the provisions of RSA 21-I or these rules relative to purchases when the executive head of any department or agency or the executive head’s designee submits a request, including an explanation justifying the request and the information identified below, to prevent the loss of any federal or other funds subject to recapture:

(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 the department head or agency’s authorized designee.

(b) A waiver to prevent loss of funds shall be completed by the division based on the written request described in (a) above, which the division shall forward to the commissioner of administrative services.

(c) In addition to the written request under (a) above, the agency making the request shall submit to the division a completed requisition.

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 601 if the commissioner concludes that a 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 NH First, 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 NH First.

(d) “Apparent low bidder” means the vendor 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 NH First 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 vendor to a contract.

(h) “Bidder” means a vendor 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 financial tracking in NH First.

(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 vendor 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 $1,000.

(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 NH First. The term includes designated company entry.

(y) “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.

(z) “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.

(aa) “NH First” means the statewide electronic integrated financial and enterprise planning system used by the state to track funds for the purposes of procurement, budgeting, financial accounting, financial reporting, and financial management.

(ab) “Notice of contract” means a statement by the division announcing the specifics of a contract that has been awarded for commodities or services.

(ac) “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 NH First, 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.

(ad) “Other purchasing vendor” means a vendor that is selected or recommended by the division to provide commodities or services to the state of New Hampshire by a method other than competitive bidding under an RFP or RFB, and by a method other than an RFQ. The term includes sole source vendors selected or recommended by the division but does not include vendors used by agencies pursuant to a field purchase order or procurement card.

(ae) “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.

(af) “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.

(ag) “Preprinted” means stated on an electronic or hard-copy document prepared and made available by the division.

(ah) “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 New Hampshire.

(ai) “Request for bid (RFB)” means an invitation identified by the state as an RFB wherein vendors are invited to submit an offer to provide specified commodities or services to the state at a price proposed by the bidder.

(aj) “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 vendors 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.

(ak) “Request for quotation (RFQ)” means an invitation identified by the state as an RFQ wherein vendors are invited to provide specified commodities or services to the state at a price proposed by the bidder.

(al) “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.

(am) “Requisition means a request made by an agency when seeking the procurement of commodities or services through NH First.

(an) “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 NH First.

(ap) “Safety data sheet (SDS)” 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.

(aq) “Services” means “services” as defined in RSA 21-I: 11, II (f).

(ar) “Signature” means, unless otherwise specified, a handwritten signature or an electronic signature as defined in RSA 294-E: 2, VIII.

(as) “Sole source provider” means a provider of commodities or services to the state pursuant to RSA 21-I: 11, I (a) (2) (B).

(at) “Specifications of a bid” means a statement set forth in an RFQ, an RFP, an RFB, or in any other way, that identifies or describes the details or particulars of a commodity or service that the state wishes to procure.

(au) “Split delivery” means delivery of goods by a vendor in more than one shipment.

(av) “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.

(aw) “Unit price” means the price at which a person or association offers to provide a single item or service to the state.

(ax) “Vendor” means an individual or other entity offering commodities or services for sale and seeking to provide such commodities or services to the state of New Hampshire.

(ay) “Vendor code” means a unique identifier assigned to a particular vendor.

(az) “Written” means, unless otherwise specified, printed by hand or provided by any other method of representing words and letters, including by way of NH First and other 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

PART Adm 603 VENDOR CODE REQUIREMENTS

Adm 603.01 Code For Vendors.

(a) A vendor who has not otherwise been assigned a vendor code shall obtain a vendor code as specified in Adm 603.02.

(b) The division shall not accept responses to RFPs, RFBs, RFQs, and requests for information from any vendor without a vendor code assigned in accordance with Adm 603.02.

(c) Every applicant for a vendor code that submits the information required by Adm 603.02 and 603.03 below shall be assigned a vendor code.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 603.02 Registration Procedure for Bidders, Other Purchasing Vendors, or Prospective Bidders or Other Purchasing Vendors Seeking to Obtain a Vendor Code. To obtain a vendor code under this part, a vendor shall submit to the division a “Vendor Application”, as amended 7-20-2023, or submit the same information required on the form electronically through the Online Vendor Registration portal https://apps.das.nh.gov/vendorregistration/.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 603.03 Submission of W-9 Form. A vendor seeking to obtain a vendor code under Adm 603.02 shall, in addition to submitting the information 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 603.04 Vendor Code List. The division shall maintain a list of persons and associations who have been assigned vendor codes, which 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.

Adm 603.05 Updating of Information by Applicants for a Vendor Code.

(a) A vendor who has been issued a vendor code shall immediately submit to the division any updates, modifications, or corrections to the information submitted under Adm 603.02.

(b) An individual or authorized representative of a vendor submitting an update, modification, or correction under (a) above shall certify the submission.

PART Adm 604 BIDDING REQUIREMENTS

Adm 604.01 Requests for Bids, Quotations and Proposals Generally.

(a) In each RFP, RFQ, or RFB, the division shall specify in the requirements or specifications of the bid whether the request is for a written:

(1) Price quotation;

(2) Bid; or

(3) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 hard copy or electronic writing and shall include all sheets, sides, or pages required by Adm 604.08 and Adm 604.09, together with all information required to be 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 required to be provided by the bidder.

(b) A bidder’s submission of a bid or signature on the documents specified 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 bid, including those terms that are to apply if the bidder is selected to provide commodities or services to the state.

(c) The contents of the documents described in Adm 604.08 and 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 as specified in 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 (i).

(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) Bids, quotations, and proposals may be submitted by electronic submission, facsimile, email, or other form of delivery if such submittal is authorized in the requirements or specifications of the particular bid, bids, quotations, or proposals, subject to all requirements applicable to submittals. All submissions shall:

(1) In order to be timely, be submitted, and actually 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; and

(3) Be legible.

(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 the state shall not return samples or items left for demonstration purposes that have not been removed by the bidder.

(n) The monetary amount of bids or proposals shall not include 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 604.07 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 United States dollars and all monetary transactions with the state shall be conducted in United States dollars.

(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 that issued the invitation for bid, quotation, or proposal, or designee, as specified in the requirements or specification of the bid, 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 allowed in the context of final offer negotiations under Adm 606.02.

Adm 604.03 Requests for Changes to Bids, Quotations, and Proposals.

(a) A person, association, or agency may request changes to the requirements or specifications of a bid, quotation, or proposal by submitting the requested changes to the division in writing, in the time period specified in the bid, quotation, or proposal.

(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 New Hampshire department of justice; and

2. That it is desirable in view of the foregoing factors and any review conducted by the New Hampshire department of justice; and

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.

(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) above.

(d) If a bidder has altered, modified, deleted, or taken exception to the preprinted contents of a document 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) Nothing in this section shall 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, except as specified in Adm 606.07.

Adm 604.04 Disqualification – Nonconformities Not Subject to Correction and Cure. 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 604.08 and 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 vendor, 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;

(d) The vendor, or any of its subsidiaries, affiliates, or principal officers, provided false, deceptive, or fraudulent information on a vendor code 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;

(e) If the bid, quotation, or proposal involves federal funds, the vendor 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 vendor, 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;

(g) The vendor, 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;

(h) The vendor 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;

(i) Monetary figures contained in the bid, proposal, or quotation are not expressed in United States dollars;

(j) The bid, quotation, or proposal purports to be transferable;

(k) 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;

(l) The vendor submitting a bid, quotation, or proposal is not the vendor that will be held responsible for complying with the terms and conditions of any contract entered into with the state;

(m) The bid, quotation, or proposal is not legible;

(n) The bid, quotation, or proposal is not written in English;

(o) 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 604.08 and 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);

(p) Sample or demonstration units are offered by the bidder to the state as new commodities;

(q) 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;

(r) The vendor, 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;

(s) The vendor, 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 vendor, 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;

(t) The vendor 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;

(u) The vendor, 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;

(v) 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;

(w) The vendor, 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;

(x) The bidder’s submission described in Adm 604.08 (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; or

(y) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 604.05 Disqualification – Nonconformities Subject to Correction and Cure. A bid, quotation, or proposal submitted with the following nonconformities shall not be qualified unless the nonconformity is corrected and cured:

(a) 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;

(b) 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;

(d) The vendor 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;

(e) The vendor 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;

(f) 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;

(g) The person signing the bid, quotation, or proposal is not authorized to bind the bidder to the bid, quotation, or proposal;

(h) 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;

(i) 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;

(j) The bidder does not abide by, or agree to abide by, these rules or any of the requirements or specifications of the bid;

(k) The bidder does not possess a vendor code;

(l) The bidder fails to submit the statement required by RSA 21-I:11-c, I(b), described in Adm 604.08 (d) below; or

(m) The bidder’s submission 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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 604.06 Review of Bids, Quotations, and Proposals, Including Correction and Cure.

(a) 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, the division shall, in writing, notify apparent low bidders submitting timely bids that, on initial review, do not appear to conform to these rules and the requirements of the bid of:

(1) Nonconformities subject to correction and cure as specified in Adm 604.05;

(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.

(d) In the case of an RFP, the division shall, in writing, notify vendors submitting timely proposals that, on initial review, do not appear to conform to these rules and the requirements of the bid of:

(1) Nonconformities that are subject to correction and cure as specified in Adm 604.05;

(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.

(e) If, by the deadline established under (c) or (d) above:

(1) The vendor 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 process the bid or proposal as if the bid or proposal had originally been in conformity therewith; or

(2) The vendor 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 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 corrected and cured as specified by Adm 604.07 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 in Adm 606.01.

(j) 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(i); or

(3) The change is the result of final offer negotiations under Adm 606.02.

Adm 604.07 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 604.08 and 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 604.08 and Adm 604.09, or any other document on which a signature might be required, within 3 business days of the day that notice is issued under (b) above.

(d) The division shall not consider any bid, quotation, or proposal which remains unsigned after the time specified in the notice under (b) above.

Adm 604.08 Bid Invitation(s).

Unless an alternate document is specified in the requirements of the bid, a bid shall be submitted according to Adm 604.09. A bidder shall submit in writing and shall include all sheets, sides, or pages of the bid invitation provided by the division which sets forth or incorporates the applicable general terms, conditions, and provisions.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (formerly Adm 604.07) (see Revision Note at chapter heading for Adm 600)

Adm 604.09 State of New Hampshire -Transmittal Letter.

(a) Unless another, alternative document is specified in the requirements of the bid, quotation, or proposals, a bidder shall submit in writing, including all sheets, sides, or pages of a bid, quotation, or proposal, a "State of New Hampshire Transmittal Letter”, as amended 7-20-2023, provided by the division which sets forth or incorporates the applicable general terms, conditions, and provisions.

(b) If a bidder submitting the letter described above is recommended by the division to provide services, the bidder shall execute the standard contract terms specified in Adm 604.10 below.

(c) In addition to the foregoing, pursuant to RSA 21-I:11-c, a bidder shall, as part of a bidder’s bid submission, submit a statement signed under penalty of unsworn falsification.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from Adm 604.09); amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (formerly Adm 604.08) (see Revision Note at chapter heading for Adm 600)

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 under Adm 604.09 is selected to provide services, the bidder shall execute such standard contract terms as designated by the department of justice.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from Adm 604.11); ss by #13708, eff 7-29-23 (formerly Adm 604.09) (see Revision Note at chapter heading for Adm 600)

Adm 604.11 Claims of Confidentiality.

(a) Unless otherwise specified in the requirements of the bid, a vendor who wishes to make a claim that information submitted in connection with or in support of a bid, proposal, or quote is confidential and exempt from disclosure under RSA 91-A:5, shall:

(1) Assert the claim at the time the bid, proposal, or quote is initially submitted by stamping or otherwise marking each page, or portion thereof, asserted to contain confidential information with the notation “confidential”;

(2) Provide a separate copy of the full and complete document, in which the portions identified as confidential pursuant to (a)(1), above shall be:

a. Fully redacted by blacking them out or otherwise making them permanently unreadable; and

b. Stamped or otherwise marked with the notation “confidential”; and

(3) Provide a separate letter stating the legal authority for each claim of confidentiality asserted and for which a redaction has been made.

(b) No claim of confidentiality shall be made by a vendor for any information:

(1) Indicating proposed pricing;

(2) Which is in the public domain; or

(3) Which is not confidential pursuant to any applicable law or rule.

(c) If a vendor makes no claim of confidentiality at the time of the initial submission, the entire submission shall be subject to disclosure either in response to specific requests for production of records under RSA 91-A or by posting online, if the division concludes that no portions of the submission are exempt from disclosure pursuant to law.

(d) A claim of confidentiality shall not prevent disclosure of any information submitted in connection with or in support of a bid, proposal, or quote if:

(1) The vendor fails to satisfy any of the requirements in (a), above;

(2) The vendor marks the entire submission as confidential without specifically identifying the pages or portions thereof that are claimed to be confidential; or

(3) The vendor fails to comply with any requirements or specifications of the bid, proposal, or quote relative to claims of confidentiality.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

PART Adm 605 ADDITIONAL RULES REGARDING OTHER PURCHASING VENDORS

Adm 605.01 Disqualifying Factors.

(a) Subject to (b) below, no other purchasing vendor shall be selected to provide commodities or services through the division if:

(1) Any nonconformities specified in Adm 604.04 and 604.05 exist; or

(2) If the purchase involves a requirement that the vendor agree to stated specifications or requirements, including but not limited to standard contract terms and conditions, general conditions and instructions, or general terms and conditions for commodities or services, and the vendor fails to agree to abide by or seeks to alter those requirements or specifications without first obtaining the approval of the division.

(b) The nonconformities specified in Adm 604.04(a), (b), (h) through (l), and (p) and Adm 604.05 (a), (f) through (j), (l), and (m), shall not apply to this part.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 605.02 Acceptance of Terms. The provision of commodities or services by another purchasing vendor shall constitute acceptance of any requirements or specifications set forth in Adm 605.01(a)(2) 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.

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 vendor provides items for demonstration purposes, the vendor 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 the state shall not return samples or items left for demonstration purposes that have not been removed by the vendor that provided them.

(c) The total monetary amount of the offer submitted by a vendor seeking to provide commodities or services as an other purchasing vendor shall not include any state or federal taxes from which the state is exempt.

(d) The monetary amounts expressed in any offer submitted by a vendor seeking to provide commodities or services as an other purchasing vendor shall be expressed in United States dollars and all monetary transactions with the state shall be conducted in United States dollars.

(e) If requested by the division, a vendor seeking to provide commodities or services as an other purchasing vendor shall supply 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 vendor.

PART Adm 606 SELECTION, POST SELECTION, AND PURCHASING PROCEDURES

Adm 606.01 Bidder Selection or Recommendation Procedure.

(a) Following an initial determination of qualifications of an RFB, RFQ, or RFP, the division shall determine:

(1) Whether the bid, proposal, or quotation is in conformity with the specifications and requirements of the bid and applicable rules; and

(2) If federal funding is involved in the award of the bid, proposal, or quotation, whether the bid, proposal, or quotation or the person or association submitting the bid, proposal, or quotation meets federal requirements and qualifications relative to the acquisition.

(b) If a low bidder fails to meet required qualifications, then the division shall move to the next lowest bidder.

(c) 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 (a) above whose bid or quotation meets the requirements of the bid and meets or exceeds specifications at the lowest price.

(d) In the case of an RFP, selection or recommendation of a prospective vendor shall be made of the qualified bidder meeting the requirements of (a) 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, be made pursuant to RSA 21-I: 11-b, II as follows:

(1) If only one of the vendors offering that price has a principal place of business in New Hampshire, that vendor shall be selected or recommended for selection;

(2) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that has a principal place of business in New Hampshire, selection or recommendation for selection shall be made by drawing lots from among those vendors with a principal place of business in New Hampshire; or

(3) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that does not have a principal place of business in New Hampshire, by drawing lots among the vendors.

(g) Notwithstanding the provisions of RSA 91-A: 4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to requests for bids, proposals, applications, or quotations or similar requests for submissions for the purpose of procuring goods or services or awarding contracts, except in accordance with RSA 21-G:37.

(h) The successful bidder on an RFQ shall be notified by the division.

(i) The alteration, modification, deletion, or exception by an apparent low bidder to the preprinted contents of the document 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 the bidder withdraws the alteration, deletion, modification, or exception as specified in Adm 604.03 (d).

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 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 contact the vendor or prospective vendor and negotiate for the vendor’s lowest final price.

Adm 606.03 Cancellation of Selection Process.

(a) The division of the department of administrative services that issued an RFB, RFP, or RFQ, or 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, if the division or commissioner concludes that such action is in the best interests of the state of New Hampshire, such as:

(1) 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) To effectuate the terms of the particular RFP, RFQ, RFB, or purchase;

(3) To enable an agency to fulfill its mission, or for the state to maximize the effective use of funds or other resources;

(4) To address funding constraints;

(5) To enable the state to address its needs in a more timely, efficient, or cost-effective manner than would continuation of the process;

(6) To comply with statutory law, case law, or these rules, or to advance the purposes of RSA 21-I or these rules; or

(7) To foster the integrity of the process.

(b) 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 canceled.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 has 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 the receipt but not the acceptance 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 that 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) Delivery shall be made FOB to the destination specified in the requirements or specifications of the bid.

(j) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, 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, if applicable, identification of the requirement or specification of the bid that allows withdrawal;

b. The reason 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 the director’s 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 the director’s 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 (a) through (c) above.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 does not become effective, the state shall not reimburse the vendor for such goods or services.

(b) Except as specified in Adm 607.07 (c), agency requisitions for commodities or services that have already been supplied shall not be approved.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 606.10 Awards Not To Be Made by Line Item. 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 606.11 Debarment of Vendors.

(a) 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).

(b) 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 certification.

(c) Pursuant to RSA 21-I:11-c, I(b), failure to submit a certification noted in (b) above, the filing of a false certification or the signing of certification by an unauthorized person shall result in the automatic rejection of the bid, proposal, or quotation.

(d) Individuals or entities identified on the list described in RSA 21-I:11-c, II shall be debarred from submitting bids, quotations, or proposals to the division.

(e) The names of debarred parties shall be placed on the list of debarred parties 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

PART Adm 607 PURCHASING REQUIREMENTS FOR STATE AGENCIES

Adm 607.01 Types of Requisitions, Additional Approvals Required for Information Technology Purchases.

(a) Subject to (b) and (c) below an agency shall requisition commodities and services as specified in Adm 607.04 through Adm 607.06 below, as applicable.

(b) In each requisition for commodities or services, an agency shall:

(1) Include a description of the commodities or services to be purchased, including, for commodities, whether the commodities are new or used; and

(2) Indicate whether the commodities or services to be purchased will be funded in whole or in part by federal funds.

(c) 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 NH First.

(d) The department of information technology shall submit to the division any approvals by the chief information officer or the chief information officer’s 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 $1,000 the agency shall:

(1) State in the requisition 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 submitted by the agency together with the requisition through NH First 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, through NH First, together with a requisition, submit a sole source request that:

(1) Identifies the name and address of the suggested vendor that it believes is the only source of the commodity or service; and

(2) Includes a statement of the reasons the agency believes that the seller is the sole source of the commodity or service requested.

(b) 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 the source or seller identified by the agency.

Adm 607.04 Requisitions for Contract Items.

(a) An agency requisitioning goods or services under a pre-existing state contract shall do so:

(1) By submitting a requisition through NH First; or

(2) Using such other means of requisition as may be authorized in the preexisting state contract, the notice of award of contract, or other writing specifying how purchases are made under a preexisting state contract.

(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 NH First.

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 #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 607.05 Requisitions for Noncontract Items.

(a) An agency requisitioning goods that are not under a state contract and that are valued at over $1,000 or goods valued at a total cost of $1,000 or under for which no field purchase order or procurement card authorization has been given pursuant to RSA 21-I:17-a shall do so through NH First.

(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 of the requisition to the division.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 commodities 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 $1,000 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.

(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 an authorized 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 that total more than $1,000.

(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) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 607.07 Immediate Purchase Authorizations.

(a) If the head of an agency, or such agent or agents authorized by the agency to make a requisition, determines that an immediate purchase is necessary and not otherwise authorized under Adm 607.06, 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;

(6) Appropriation code; and

(7) An explanation of why the immediate purchase is necessary:

a. For the agency to fulfill its mission; or

b. To maximize the effective use of state funds.

c. The division shall approve an immediate purchase and assign a purchase order number if it determines it is necessary:

1. For the agency to fulfill its mission; or

2. To maximize the effective use of state funds.

(b) If the need for an immediate purchase arises outside normal state working hours and the agency wishes to proceed with the purchase without prior approval in accordance with (b) above it shall comply with (a) above no later than 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 607.08 Changes to Quantity or Scope in Purchase Orders, Requisitions, and Proposed Contracts.

(a) The quantity of items or scope of services contained or incorporated in any purchase order, proposed contract, or requisition 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 items specified in (a) above by submitting a written request to the division.

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 requisition in accordance with Adm 607 together with a statement of the work to be performed, including, at a minimum:

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.

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, the division of public works design and construction shall perform all site preparation work and develop the specifications and requirements of a bid on behalf of all state agencies.

(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, site preparation work and development of specifications and requirements of a bid shall, at an agency’s discretion, be performed by:

(1) An agency on its own behalf;

(2) An outside contractor; or

(3) The division of public works design and construction.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

PART Adm 609 DISPUTED MATTERS

Adm 609.01 Bidders Questioning the Agency’s Identification of a Selected Vendor. A bidder wishing to question the identification of a selected vendor shall follow the procedures of RSA 21-G: 37, IV.

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

PART Adm 610 RESERVED

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 “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 “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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 611.02 Acceptance and Valuation of Items by State Surplus Management.

(a) State surplus management shall, upon receipt of an executed IC 20 entered into NH First by the respective agency described in Adm 611.07, accept, either for redistribution or for disposal, such property as is submitted, 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 receipt of an executed IC 20 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 Clinton Street in Concord only on days and at times when the White Farm is open to accept deliveries.

(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 the commissioner’s 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 the commissioner’s 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 611.05 Submission of Computers or Computer Components to State Surplus Management. 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:

(a) 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

(b) Submit to state surplus management, in addition to the IC 20 described in Adm 611.07, at the time of the delivery of the computer or computer component for disposal, a completed “Data Destruction Disposition Form”, as amended 7-20-2023.

Source. (See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, by making a NH First entry on the IC 20 screen 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 by making a NH First entry on the IC 20 screen described below 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 do so by making a NH First entry on the IC 20 screen described below.

(e) Prior to submitting either IC 20 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) Agencies shall complete and submit:

(1) The IC20.1 Receipts, IC20.3 IC Transaction User Fields, IC29.1 Lots, and IC29.4 User Transaction Detail User Fields which shall include:

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. A description of the item that has been declared surplus, including the item’s size, model, quantity, unit of measure, unit cost, and bin (destination at state surplus or disposal);

d. A description of the condition of the item;

e. 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;

f. The name of the contact person for the agency or other entity submitting an item(s) for surplus;

g. The name of the originator, the person who completed the form; and

h. The name of the representative of the agency or other entity who has approved the making of the declaration of surplus; and

(2) The P-11A, entitled “Surplus Vehicle Checklist”, as amended 7-20-2023, which shall be completed in addition to the IC20.1 Receipts, IC20.3 IC Transaction User Fields, IC29.1 Lots, and IC29.4 User Transaction Detail User Fields when the declaration of surplus involves a motor vehicle.

(g) 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.

(h) On IC29.4 User Transaction Detail User Fields, the description of the condition of the item noted in (f)(1)c. 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.

(i) In addition to the IC 20 described above, each agency or other entity submitting any computer or computer component designed to store data shall submit to state surplus management a “Data Destruction Disposition Form”, as amended 7-20-2023, described in Adm 611.05.

(j) Any agency or other entity wishing to submit property to state surplus management for redistribution or disposal shall submit the applicable forms described above to state surplus property management electronically, or at 144 Clinton Street, Concord, NH 03301-2297.

Source. (See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 144 Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:

(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 144 Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:

(1) Unless exempt under RSA 261:3, I (j) or (k), a certificate of title;

(2) If exempt under RSA 261:3, I (j) or (k), either:

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 ¼ 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 another 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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.

Source. (See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 611.04, 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 611.16 Charges and Procedures in the Case of Redistribution of Property.

(a) If a state government entity acquires property through redistribution and pays for the redistributed property using the same source that the entity used to purchase the property initially, then the following shall apply:

(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 a state government entity acquires property through redistribution and pays for the redistributed property using a different source than the entity used to purchase the property initially, then the following shall apply:

(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 a state government entity acquires property through redistribution that was not originally purchased by another state government entity, such as donated property, then the following shall apply:

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 611.18 Submissions to State Surplus Management by Entities Other than Agencies. Entities that are part of New Hampshire state government, but which are not agencies as defined in Adm 611.01 (a), that submit property to state surplus management by the use of the form described in Adm 611.07 shall:

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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) National School Lunch Program;

(b) Child and Adult Care Food Program;

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 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 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 United States government by which an applicant applies for participation in one of the programs listed in Adm 612.01.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 612.04 Application Procedure for Participation in the National School Lunch Program, Child and Adult Care Food Program, or Summer Food Service Program for Children. To apply for participation in the National School Lunch Program, the Child and Adult Care Food Program, or the Summer Food Service Program for Children, the applicant shall:

(a) Before submitting the "Agreement For Distribution and Use of USDA Donated Commodities” 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

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 612.05 Agreement for Distribution and Use of USDA Donated Commodities.

(a) An applicant shall complete the “Agreement For Distribution and Use of USDA Donated Commodities” form, as amended 7-20-2023, if required under these rules, and in accordance with 7 CFR Chapter II, 250.12(b), provided by the surplus distribution section.

(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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 612.06 Supporting Materials Required for Participation in the National School Lunch Program. In addition to the fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form described in Adm 612.05 above, an applicant for participation in the national school lunch 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 Management Company” form, as amended 7-20-2023, 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 612.07 Supporting Material Required for Participation in the Child and Adult Care Food Program. In addition to the fully executed “Agreement For Distribution and Use of USDA Donated Commodities” 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);

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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”, as amended 7-20-2023, provided by the surplus distribution section;

(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; and

(d) If the applicant is a private nonprofit organization, a letter of determination from the United States Internal Revenue Service.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, 250.61, an applicant shall submit to the surplus distribution section:

(a) A fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form, as amended 7-20-2023, containing all information required by 7 CFR Chapter II, 250.12(b), provided by the surplus distribution section;

(b) A fully executed “Rider to Agreement Form”, as amended 7-20-2023, provided by the surplus distribution section;

(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 “New Hampshire Federal Surplus Property Program (NHFSPP) Compliance Report Form”, as amended 7-20-2023.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 “Agreement For Distribution and Use of USDA Donated Commodities” 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”, as amended 7-20-2023, provided by the surplus distribution section;

(c) A fully executed “B-1 Form”, as amended 7-20-2023, provided by the surplus distribution section and appearing on the reverse of financial data form described in (b) above;

(d) 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;

(e) 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);

(f) 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;

(g) 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

(h) 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, Section 251.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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.

(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 United States Department of Agriculture foods on file for 3 years after the close of the federal fiscal year for which they pertain.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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, Section 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, Section 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 $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 from the point of delivery for 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 Chapter II, Section 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Adm 612.15 Entities No Longer Wishing to Participate In the Summer Food Service Program for Children or Charitable Institution Programs. 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 “Participation Form”, as amended 7-20-2023, provided by the surplus distribution section.

Source. #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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 "Federal Surplus Property Program Eligibility Application”, as amended 7-20-2023, 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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

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: 7; 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, I. (b); RSA 21-I: 14, XII
Adm 604.04	RSA 21-I: 1, II (h); RSA 21-I: 13, I.; RSA 21-I: 11-c; RSA 21-I: 14, XII; RSA 21-I: 11, II, III; RSA 21-I: 11-c; RSA 21-I: 12, I (a); RSA 21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1, I.; RSA 5: 18-a; 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 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 610 - Reserved
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	41 CFR 102-37; RSA 21-I:13, X; RSA 21-I: 12, I (a) (7)
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:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7); RSA 541-A:19–b; 41 CFR 102-37, Appendices B and C; 41 CFR 102-37.25; 41 CFR 102-37.380; 41 CFR 102-37.390; 41 CFR 102-37.395; 14 CFR 102-37.400; 41 CFR 102-37.445
Adm 613.04	RSA 21-I:12, I (e); RSA 21-I:13, X.; RSA 21-I: 12, I (a) (7); 41 CFR 102-37, Appendix B, paragraph (p); 41 CFR 102-37.405
Adm 613.05	RSA 21-I:13, X; 41 CFR 102-37; RSA 21-I: 12, I (a) (7) 41 CFR 102-37.425; 41 CFR 102-37, Appendix B
Adm 613.06	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; RSA 21-I: 12, I (a) (7); 41 CFR 102-37.390; 41 CFR 102-37.445; 41 CFR 102-37.450
Adm 613.07	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; RSA 21-I: 12, I (a) (7)
Adm 613.07 (o)	RSA 541-A:7; RSA 21-I:11, I (a) (6); 41 CFR 102-37.55; RSA 21-I: 12, I (a) (7)
Adm 613.07 (p)	RSA 541-A:7; RSA 21-I:11, I (a) (6); RSA 21-I: 12, I (a) (7)
Adm 613.08	RSA 21-I:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7); 41 CFR 102-37; 41 CFR 102-37.410