The publisher does not state since when this version applies. Read on 2026-03-02.
Copy read on 2026-11-08 from the Internet Archive's copy of 2026-03-02, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
I. There is hereby established the department of administrative services, an agency of the state, under the executive direction of a commissioner of administrative services. The commissioner of administrative services shall serve as the chief fiscal planning and control officer of the state of New Hampshire.
II. The department of administrative services, through its officials, shall be responsible for managing and coordinating the following administrative and financial functions, upon which the effective and efficient management of all state programs and operations relies:
(a) Budgeting.
(b) Automated accounting and financial and human resources management systems.
(c) Business process auditing.
(d) Accounting.
(e) Financial reporting.
(f) Data processing.
(g) Graphic services.
(h) Plant and property management.
(i) Procurement.
(j) Risk management.
(k) General support services.
(l) Personnel administration, including but not limited to administration of any positions within the executive branch.
(m) Developing and maintaining state owned and supported land and buildings, including public works design and construction relating to projects as defined in RSA 21-I:78 through 21-I:86.
(n) Providing central management and administration of space rented by, or the processes relating to the rental of space by, state agencies, except as otherwise provided by law.
(o) Serving as the employer for the purpose of ensuring compliance with the requirements of RSA 281-A.
Source. 1983, 416:40. 1986, 12:5. 2005, 291:5. 2008, 177:6, eff. June 11, 2008. 2014, 327:1, eff. Aug. 2, 2014. 2017, 193:3, eff. Aug. 29, 2017. 2020, 37:95, eff. July 29, 2020.
In this chapter the following words shall have the following meanings:
I. "Commissioner" means the commissioner of administrative services.
I-a. [Repealed.]
II. "Physical facilities" means buildings of every kind and the fixtures attached thereto.
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]
Source. 1985, 399:5. 1988, 227:17. 1989, 396:14. 1990, 247:4. 2008, 359:9, III, eff. Sept. 9, 2008. 2021, 202:2, Pt. III, Sec. 13, II, eff. July 1, 2021.
I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years.
II. The commissioner shall nominate for appointment by the governor, with the consent of the council, each unclassified division director, the assistant commissioner, and the deputy commissioner, each of whom shall serve a term of 4 years.
III. The commissioner shall appoint each unclassified deputy division director, a state budget officer, a chief financial officer, a deputy state comptroller, the internal auditor, the senior operational analyst, 2 superintendents of buildings and grounds, a superintendent of court facilities, an education and training officer, and the manager of employee relations, each of whom shall serve at the pleasure of the commissioner.
IV. The commissioner may appoint such other unclassified deputy division directors as he or she determines are necessary to carry out the functions of the divisions of the department. Deputy directors shall serve at the pleasure of the commissioner.
Source. 1983, 416:40. 1985, 399:6. 1989, 396:15. 1996, 235:1. 2009, 144:67, eff. July 1, 2009. 2013, 144:26, eff. Mar. 5, 2014. 2014, 327:3, eff. Aug. 2, 2014. 2019, 346:7, eff. July 1, 2019. 2021, 202:2, Pt. III, Sec. 1, eff. July 1, 2021. 2022, 138:1, eff. Aug. 6, 2022.
I. The commissioner of the department shall be qualified to hold that position by reason of education and experience.
II. The directors of all divisions of the department shall be qualified to hold their respective positions by reason of education and relevant experience.
III. The salary of the commissioner and of all unclassified employees of the department shall be as specified in RSA 94:1-a.
Source. 1983, 416:40. 1985, 399:7, eff. July 1, 1985.
I. The commissioner of administrative services shall nominate an assistant commissioner as provided in RSA 21-I:2, II. The assistant commissioner shall be qualified to hold that position by reason of education and experience.
II. The assistant commissioner shall oversee the state budget office and shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.
III. The salary of the assistant commissioner shall be as specified in RSA 94:1-a, I.
Source. 1989, 396:18, eff. June 5, 1989. 2021, 202:2, Pt. III, Sec. 4, eff. July 1, 2021.
I. The commissioner of administrative services shall nominate a deputy commissioner as provided in RSA 21-I:2, II. The deputy commissioner shall be qualified to hold that position by reason of education and experience. The deputy commissioner shall perform such duties as are assigned by the commissioner and such other duties as are provided by law.
II. The salary of the deputy commissioner shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
Source. 2009, 144:68, eff. July 1, 2009. 2014, 327:5, eff. Aug. 2, 2014.
There is hereby established an office of the commissioner consisting of the following units:
I. State budget.
II. Internal audit.
III. Operational analysis.
IV. [Repealed.]
Source. 1983, 416:40. 1985, 399:8. 1989, 345:1. 2006, 70:1, 2, eff. June 24, 2006. 2019, 346:8, eff. July 1, 2019. 2025, 141:222, I, eff. July 1, 2025.
21-I:5 Division of Enterprise Applications Management.
There is hereby established within the department a division of enterprise applications management under the supervision of an unclassified director of enterprise applications management who shall be responsible for the following functions in accordance with applicable laws:
I. Sustaining, advancing, and promoting the utilization of the state's enterprise application software systems both current and future to facilitate regulatory, statewide operational processes, continuity, and integrity of such information.
II. Assisting the commissioner with the planning, management, and operation of the state's enterprise resource planning (ERP) software and operation of all internal department financial, human resources, benefits, payroll, and budgeting systems.
III. Provide guidance in the selection, development, modification, and deployment of technical software products for public sector usage.
IV. Assisting department division directors by:
(a) Developing and configuring reporting and systems for their use.
(b) Jointly monitoring state and federal fiscal legislation with the directors in order to assure timely awareness of and compliance with new legislation.
V. Assisting state employees in their use of the enterprise application system, peripheral application systems, and system developed information.
VI. Developing and maintaining views of data, including files, reports, forms, and web pages, originating in the enterprise application system and information of public interest for publishing in response to requestor specifications or regulatory requirements.
Source. 1983, 416:40. 1985, 399:9, eff. July 1, 1985. 2019, 346:9, eff. July 1, 2019. 2022, 138:2, eff. Aug. 6, 2022.
There is hereby established within the office of the commissioner of administrative services a state budget office under the supervision of an unclassified budget officer who shall:
I. Conduct a continuous study of the financial operation, needs and resources of the state and compile all information necessary for the preparation of the budget so that each successive budget cycle shall have ready access to all information contained in prior budgets.
II. Establish the procedures which all state agencies shall follow in submitting budget requests to the governor and assist the governor or his designee to compile a tentative budget and budget document, as provided in RSA 9. The procedures established under this paragraph shall not be considered rules subject to RSA 541-A.
III. [Repealed.]
IV. Cooperate with the department of transportation in long range capital planning to meet the needs of the state as may be requested by the governor and council, and subject to their approval.
V. Provide information and reports to the governor or his designee, as the governor shall request, in order to effectively administer the budget.
VI. Consult with the respective executive heads of state departments, agencies, boards and commissions, relative to the establishment, supervision and maintenance of uniform and effective business records, business practices, and business management, and provide the necessary direction to insure that all manual of procedure requirements are complied with.
VII. Serve as budget analyst for such state agencies as the commissioner may assign.
VIII. Cooperate with the department of information technology management in the preparation of the statewide information technology plan, and incorporation of information technology planning into the budget process.
Source. 1983, 416:40. 1989, 396:16. 1991, 346:5. 2008, 177:16, III, eff. June 11, 2008; 335:5, eff. Sept. 5, 2008. 2021, 202:2, Pt. III, Sec. 3, eff. July 1, 2021. 2023, 79:165, eff. July 1, 2023.
There is hereby established within the office of the commissioner of administrative services an internal audit unit under the supervision of an unclassified internal auditor. The internal audit unit shall:
I. Assist the commissioner by supplying analytical reports of examinations conducted of the department's various divisions, bureaus, units, programs and functions. Examinations will be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies. Reports shall contain analyses, appraisals, comments and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use. Organizational and operational practices may also be reviewed by the state budget officer.
II. The internal audit unit shall not assume any managerial, supervisory or operational function, nor shall it direct action initiated as a result of its recommendations.
Source. 1983, 416:40. 1989, 396:17, eff. June 5, 1989. 2021, 202:2, Pt. III, Sec. 8, eff. July 1, 2021.
I. There is hereby established within the office of the commissioner of administrative services an operational analysis unit under the supervision of an unclassified senior operational analyst.
II. The operational analysis unit shall monitor state agency activities and evaluate agency operations based on priorities established by budget program and statute in the following areas: revenues, expenses, staffing, space utilization, fleet operations, and such other public service needs as the commissioner of administrative services shall direct.
Source. 1985, 399:10, eff. July 1, 1985.
There is established within the department a division of risk and benefits, under the supervision of an unclassified director of risk and benefits, who shall be qualified to hold that position by reason of education and experience, and who shall perform such duties as the commissioner from time to time may authorize. The functions of the division of risk and benefits shall be divided across the following bureaus:
I. The bureau of health and benefits, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state employee and retiree group insurance programs authorized by RSA 21-I:26 through RSA 21-I:36, in accordance with administrative rules adopted pursuant to RSA 21-I:14, XIII.
(b) Coordinating the employee and retiree benefit programs administered through the division of risk and benefits with the benefits and programs offered through the New Hampshire retirement system and the state's deferred compensation commission established in RSA 101-B.
(c) Overseeing and administering all additional employee or retiree benefit programs offered by the state, other than those related to the New Hampshire retirement system or the state's deferred compensation commission established in RSA 101-B.
(d) Conducting ongoing studies of alternative financing methods and benefit offerings.
(e) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions, including but not limited to procedures relating to employee and retiree benefits.
(f) Developing and monitoring insurance and third party administrator contracts related to the state employee and retiree group insurance program in accordance with applicable law, by:
(1) Developing bid specifications for insurance and third party administrator contracts and ensuring bid specifications are in compliance with applicable collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process.
(3) Formalizing contract agreements.
(4) Monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(5) Ensuring that vendors comply with the requirements of contract agreements by:
(A) Implementing, monitoring, and enforcing performance guarantees.
(B) Receiving and analyzing state employee and retiree group insurance utilization data and statistics.
(C) Monitoring Medicare issues to ensure compliance with federal law and programs.
(g) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(h) Implementing, overseeing, and administering employee wellness initiatives.
(i) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, the state retiree health plan commission established in RSA 100-A:56, the joint legislative fiscal committee established in RSA 14:30-a, and other entities regarding employee and retiree benefits program.
(j) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(k) Monitoring agencies' activities for compliance with benefit program requirements.
II. The bureau of property, casualty, and workers' compensation, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state's workers' compensation program under RSA 21-I:24 and RSA 21-I:25-a or other applicable law.
(b) Identifying loss exposure for all state real and personal property and for personal injury, except as otherwise provided by law, on a continuing basis.
(c) Identifying cost-effective means for protecting against various types of losses, including self-funding, commercial insurance purchases, and risk assumption, and recommending to the director of risk and benefits actions to be taken through the budget process, or other processes, to implement such means.
(d) After consultation with, and approval by the director of risk and benefits, purchasing liability insurance under a fleet policy covering the operation of state-owned vehicles and motorboats, and such other insurance and surety bonds as any state department, agency, or official may be legally authorized to secure, or required to furnish; provided that approval shall not be granted for any such insurance or surety bonds unless the same have been marketed and procured through a resident agent of an insurance company registered and licensed to do business in this state. With the exception of any risk located outside the state, no such insurance company or resident agent, personally or by another, shall allow, give, or pay, directly or indirectly, to any nonresident agent or nonresident broker any part of the commission on the sale of such insurance or surety bonds. The insurance commissioner may suspend or revoke the license of any resident agent or insurance company violating the provisions hereof.
(e) Conducting ongoing studies of alternative financing methods and benefit offerings.
(f) Overseeing the state employee workers' compensation and commercial insurance programs, by:
(1) Preparing bid specifications for commercial insurance and third party administrator contracts related to workers' compensation and commercial insurance in accordance with applicable law, and ensuring bid specifications are in compliance with collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process, formalizing contract agreements, and monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(3) Managing claims payments and statistical data related to workers' compensation and commercial insurance and ensuring vendors comply with the requirements of contract agreements.
(4) Coordinating and developing processes and procedures related to the workers' compensation and commercial insurance programs.
(5) Monitoring agencies' workers' compensation and commercial insurance activities for compliance with requirements.
(g) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual or manuals that clearly explains procedures related to the bureau's functions.
(h) Evaluating risks facing the state and developing and operating health, safety, loss control, and risk reduction programs, in accordance with loss prevention guidelines adopted pursuant to RSA 21-I:14, II.
(i) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(j) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(k) Ensuring that the bureau's programs are compliant with applicable state and federal law.
III. The bureau of finance, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Managing claims payments, vendor payments, statistical data, and financial reporting related to the division's of risk and benefits responsibilities.
(b) Conducting ongoing studies of alternative financing methods and benefit offerings.
(c) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions.
(d) Establishing working rate tables for application to self-insured health benefit programs, including by coordinating and reviewing actuarial projections, considering rate alternatives and modeling, and developing full working rate tables.
(e) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(f) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(g) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(h) Monitoring agencies' financial activities for compliance with financial requirements of the state's health benefit program.
Source. 2006, 70:3, eff. June 24, 2006. 2013, 144:25, eff. Mar. 5, 2014. 2017, 193:4, eff. Aug. 29, 2017. 2019, 346:12, eff. July 1, 2019.
There is hereby established within the department the division of accounting services under the supervision of an unclassified director of accounting services, who shall also be known as the comptroller. The comptroller shall direct the state's accounting functions, using generally accepted accounting principles and taking full advantage of all benefits of automated data processing applications, to the end that the fiscal affairs of all state agencies and departments will be adequately and uniformly serviced and that periodic financial and management reports will be available to serve the various needs of all state agencies and the executive and legislative branches in their decision making processes. The commissioner of administrative services may authorize deviations from generally accepted accounting principles if the commissioner deems it is in the best interest of the state, provided that the explanation for the deviation is provided in the annual report required by subparagraph II(a). The division shall include the following internal organizational units:
I. The bureau of accounting under the supervision of a classified administrator of accounting who shall be responsible for functions that include at least the following, in accordance with applicable laws:
(a) Reviewing all state contracts for budget control and for substantive protection of the public interest.
(b) Implementing a system established by the commissioner to specify how and when business process auditing of claims is to be performed.
(c) Business process auditing of claims in accordance with subparagraph (b) to be presented for the issuance of warrants and certifying to the governor and council that such claims are just and proper claims against the state and within appropriations provided by statute.
(d) Preparing appropriate warrants and schedules of manifests supporting the same, for consideration and execution by the governor, with the advice and consent of the council.
(e) Making appropriate departmental and agency budget adjustments for services performed by the department of transportation.
(f) When so authorized by the governor and council, making such transfers of appropriation items within any division or functional unit of state government as may be necessary or desirable to best carry out the purpose of such division or functional unit.
(g) Making use of the most advanced and economical techniques within the capabilities of the state's data processing system in carrying out his or her duties.
(h) Controlling all payment of moneys into the treasury.
(i) After exhausting any relevant appeal process, state agencies may use funds in existing class 60, or other appropriate budget class, to pay any penalties, fines, interest or other costs imposed on the state of New Hampshire by the NH retirement system or by the IRS, relating to employer payments, reporting or audits. The department of administrative services will seek concurrence of the department of justice prior to processing any such payment and will facilitate and charge applicable state agencies as necessary.
II. The bureau of financial reporting, under the supervision of a classified administrator of financial reporting who shall be responsible for functions that include at least the following, in accordance with applicable laws:
(a) Not later than 90 days after the close of the fiscal year, unless the governor and council for good cause shall extend such period, completing a comprehensive annual report concerning the preceding fiscal year that details the financial condition and operation of the state during that period in a manner consistent with generally accepted accounting principles. Said report shall subsequently be audited by the legislative budget assistant who may designate a certified public accountant not employed in the state service to conduct the annual audit and may accept the findings and report of the certified public accountant as fulfilling the provisions of this section provided that in either case said audit shall be conducted in accordance with prevailing standards and practices of governmental auditing specified by authoritative national standard setting bodies. The audited report shall be completed and available to the public by December 31 of each year unless for good cause the joint legislative fiscal committee shall extend such period.
(b) [Repealed.]
(c) [Repealed.]
(d) Producing periodic reports and analysis of government revenues and expenditures.
Source. 1983, 416:40. 1985, 399:11. 1989, 396:9. 1994, 158:1. 1995, 297:2, I. 1998, 254:1. 2004, 257:34. 2006, 70:4, 10. 2008, 177:7, eff. June 11, 2008. 2014, 327:75, 76, eff. Aug. 2, 2014. 2017, 156:237, 238, eff. June 28, 2017. 2025, 141:130, eff. July 1, 2025.
21-I:11 Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property.
I. The procurement and support services, public works design and construction, and plant and property functions of the department shall be divided across the following divisions:
(a) The division of procurement and support services, which shall be under the supervision of an unclassified director of procurement and support services who shall be responsible for the following functions, in accordance with applicable law:
(1) Purchasing all materials, equipment, supplies, and services for all departments and agencies of the state including contracting for the purchase or rental of data processing equipment and contracting for the purchase of electric power supply and services, except as otherwise provided by law. Insofar as practicable all such purchases shall be made in such quantities and manner as shall be most economical for the state.
(2) Requiring competitive bidding before making any purchase for the state pursuant to the laws of the state applicable to the division's procurement functions, except:
(A) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than $10,000 or is a purchase in an approved class.
(B) When after reasonable investigation, it appears that any required unit or item of supply, or brand of such unit or item, is procurable by the state from only one source.
(C) When, after reasonable investigation, it appears that any required service, unit or item of supply, or brand of such unit or item, has a fixed market price at all sources available to the state.
(D) When, in the opinion of the governor, an emergency exists of a nature which requires the immediate procurement of supplies, he or she may authorize the director of procurement and support services to make a purchase without competitive bidding; and where the rates filed with and approved by the insurance commissioner are uniform, the purchase of state insurance and public state official and employee bonds are specifically excluded from competitive bidding as to price; provided, however, that nothing contained in this subparagraph shall preclude the director of procurement and support services from inviting plans of insurance coverage from any resident licensed insurance agent.
(3) Except where competitive bidding has been employed, no purchase involving an expenditure of more than $10,000 or purchase in an approved class may be made by the director of procurement and support services without the written approval of the commissioner. In requesting such approval, the director shall first state in writing his or her reasons for not employing competitive bidding.
(4) Promptly furnishing to any agency and to the comptroller, a copy of any purchase order executed by him or her for supplies for the said agency.
(5) Maintaining a central inventory record of all state owned real property, physical plant and equipment, which record shall be made available to the comptroller to assist him or her in complying with accounting principles. In order to compile this record the director shall:
(A) Advise each state agency how to establish and maintain a perpetual inventory record system for real property whether rented or owned, physical plant, and equipment; and
(B) Require each state agency to report annually, in such form as prescribed by the director, an inventory of the real property whether rented or owned, physical plant, and equipment under its jurisdiction. The form of such report shall not be considered a rule subject to the provisions of RSA 541-A.
(6) Recommending to the commissioner fair and equitable charges to be assessed according to rules adopted pursuant to RSA 21-I:14, XI, against any recipients receiving any donated surpluses from the bureau of purchase and property's surplus distribution section which shall:
(A) Be sufficiently high to defray all administrative, warehousing, processing, distribution, and transportation costs incurred by the surplus distribution section and to allow the accumulation of a working capital reserve equal to the cost of 3 months' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and
(B) Be maintained by the treasurer in one of 2 separate, restricted funds:
(i) The surplus distribution section administrative assessments fund, into which shall be deposited funds received by the department by virtue of the disposition of surplus property and which shall be continually appropriated and nonlapsing; and
(ii) The federal surplus food fund, into which shall be deposited funds received by the department by virtue of the disposition of federal surplus food.
(7) Providing the text of any rule adopted pursuant to RSA 21-I:14, XI, to each recipient of donated commodities or surpluses distributed by the bureau of purchase and property's surplus distribution section.
(8) Requiring, prior to an agency's submission of a request for purchase of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000, that the agency obtain approval of the proposal by the chief information officer, or designee, to ensure that the procurement is consistent with the state information technology plan.
(9) [Repealed.]
(10) Supervising the activities and functions of the bureau of purchase and property under RSA 21-I:12, I(a).
(11) Supervising the department's activities and functions under RSA 21-I:12, I(b).
(12) Supervising the activities and functions of the bureau of graphic services under RSA 21-I:12, I (c), (d) and (e).
(b) The division of public works design and construction shall be responsible for the functions set forth in RSA 21-I:12, III.
(c) The division of plant and property, which shall be under the supervision of an unclassified director of plant and property who shall be qualified to hold that position by reason of education and experience and shall perform such duties as the commissioner from time to time may authorize. The director of plant and property shall be responsible for the following functions, in accordance with applicable law:
(1) Subject to the direction and supervision of the commissioner of administrative services, acting as custodian of the state house, legislative office building, state house annex, state library, and, with the exception of interior maintenance of the acute psychiatric services building and all transitional housing buildings including the Howard recreation building, all state-owned buildings located on the campus of the New Hampshire hospital as described in RSA 4:39-a, as well as the grounds connected with each of the foregoing properties, and have charge of all matters relating to the care, maintenance, and repair of said property.
(2) Providing the American Legion Department of New Hampshire, a private nonprofit organization, office space, free of charge, in the state-owned building located at 25 Capitol Street in Concord, New Hampshire or another state-owned building located in Concord.
(3) Having custody of all state-owned or rented real property not specifically charged to some other department and all personal property not specifically charged to some other department.
(4) Supervising the planning and management functions of the department under RSA 21-I:12, II(a).
(5) Supervising the general services functions of the department under RSA 21-I:12, II(b).
(6) Supervising the functions of the department related to court facilities under RSA 21-I:12, II(c).
(7) Supervising the department's activities and functions relating to energy management.
(8) Supervising the department's support of facilities of the department of health and human services.
II. With reference to the division of procurement and support services and the rulemaking authority of the commissioner in this area, the following definitions shall apply:
(a) "Supplies" shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature, including computer hardware, software, related licenses, media, and documentation, and support and maintenance services, excluding any systems that collect or store data off-site.
(b) "Agency" shall mean any board, department, commission, hospital, sanitarium, home, library, school, college, prison, or other institution conducted or operated by or for the state of New Hampshire.
(c) "Purchase" shall mean all contracts for the purchase of supplies or services, as well as the act of purchasing.
(d) "Emergency" shall mean any situation requiring the immediate purchase of supplies arising from any unavoidable casualty or disaster.
(e) "Governing board" shall mean the board, commission, board of trustees, department head or other administrative body responsible for the conduct of any agency.
(f) "Services" shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, recycled materials pickup, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. "Services" shall not mean services provided solely to one agency.
(g) "Structural steel" shall mean a product consisting of the elements of the structural frame that are shown and sized in the structural design documents, essential to support the design loads as defined in the latest edition of the American Institute of Steel Construction (AISC) code of standard practice for steel buildings and bridges 303-16.
(h) "Domestic fabricated structural steel" shall mean an iron or steel product where all manufacturing must take place in the United States, from the initial melting stage, through fabrication, and application of coatings, except metallurgical processes involving the refinement of steel additives. The miscellaneous steel or iron components, subcomponents, and hardware necessary to encase, assemble, and construct such components, including, but not limited to, cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, and door hinges, shall not be subject to the United States manufacturing requirement of this definition.
(i) "Permanently incorporated product" shall mean a product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated and shall not mean a product that is capable of being moved from one location to another.
(j) "Fabrication" shall mean all manufacturing of iron or steel products, from the initial melting stage, through fabrication and application of coatings, except metallurgical processes involving the refinement of steel additives.
III. (a) Notwithstanding any law to the contrary relating to procurement and to the extent permitted by federal law, any contract for construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works with the state as a party shall contain a provision that iron or steel fabricated in the United States shall be used for the permanently incorporated iron, structural steel, and fabricated structural steel used or supplied in the performance of the contract or any subcontract. The provision shall only be required if $1,000,000 or more of state funds are used in the contract.
(b) Departments and agencies of this state affected by subparagraph (a) shall identify what steel products need Buy America certification in the contract documents.
(c) Departments and agencies of this state affected by subparagraph (a) may request a waiver from the department of administrative services, which shall provide an opportunity for public hearing and comment at least 30 days before finalizing a waiver, in the same manner as described in RSA 541-A:11. The department of administrative services may grant a waiver upon finding that:
(1) Application of the project would be inconsistent with the public interest;
(2) The product is not produced or fabricated in the United States and that it would be in the public interest to provide a waiver; or
(3) The item for which a waiver is being requested is not produced and fabricated in the United States in sufficient and reasonably available quantities and of satisfactory quality.
(d) A request for waiver under subparagraph (c) shall include facts and justification to support the granting of the waiver. The response to a request shall be in writing and made available to the public upon request. In granting a waiver, the department of administrative services shall consider all appropriate factors including, but not limited to, any cost, administrative burden, and delay that would be imposed if the provision were not waived.
(e) If a court or federal or state agency has determined that any person intentionally affixed a "Made in America" label to structural steel under this paragraph that was not made in the United States or otherwise falsely represented that structural steel under this paragraph was produced in the United States, the department of administrative services shall withhold contract payment until the structural steel can be replaced, or the noncompliance of this paragraph is otherwise remedied. Failure to comply with and/or produce a satisfactory remedy to the state may result in debarment proceedings under RSA 21-I:11-c, III.
(f) If any provision of this paragraph or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or application which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this paragraph are severable.
Source. 1983, 416:40; 469:130, 131. 1985, 4:4; 188:4; 399:16-18. 1986, 77:1-3. 1988, 227:18. 1990, 247:2. 1991, 346:6. 1995, 9:13. 1996, 57:3; 79:2. 2003, 223:19. 2005, 291:6. 2007, 263:1. 2008, 69:1, 2, eff. July 20, 2008; 85:1, eff. Jan. 1, 2009; 359:3, 9, II, eff. Sept. 9, 2008. 2012, 192:3-6, eff. July 1, 2012. 2013, 49:1, eff. Aug. 3, 2013; 227:1, eff. Sept. 13, 2013. 2014, 327:6, eff. Aug. 2, 2014. 2015, 276:32, eff. July 1, 2015. 2019, 346:4, 37, eff. July 1, 2019; 346:5, eff. June 23, 2021. 2021, 91:3, eff. July 1, 2021; 202:2, Pt. III, Secs. 7 and 10, eff. July 1, 2021. 2022, 281:86, 87, eff. Jan. 1, 2023. 2023, 222:1-3, eff. Aug. 4, 2023. 2025, 141:129, eff. July 1, 2025.
21-I:11-a Fund Restrictions; Cash Reserves Prorated.
I. Expenditures from the fund established by RSA 21-I:11, I(a)(6)(B), shall be restricted to defraying the following costs of the respective programs incurred as a result of transferring donated commodities or surpluses from the consignee point of delivery or point of origin to the ultimate point of consumption:
(a) Compensation and travel expenses of individuals directly connected with the distribution of donated commodities.
(b) Supplies, equipment, warehousing and storage costs.
(c) Labor and transportation costs.
(d) Such other related costs as may be required to effect orderly distribution of commodities.
II. If the program of distribution of donated commodities and surpluses carried out by the surplus distribution section is discontinued due to failure to receive surpluses for distribution, the cash reserves shall be prorated back to the recipients who contributed to such reserves during the previous 3 years.
Source. 1985, 188:5, eff. May 28, 1985. 2014, 327:7, eff. Aug. 2, 2014. 2019, 346:39, eff. July 1, 2019.
21-I:11-b Identical Qualified Lowest Bids, Proposals, or Quotations.
I. The purpose of this section is to promote procurement practices and procedures which the general court believes will improve the state's procurement process while at the same time establishing a vendor selection procedure which, among other things, is specifically geared toward reducing unemployment and stimulating economic growth in this state.
II. To promote business in this state, when qualified lowest bids, proposals, or quotations are received by the division of procurement and support services at the same price, the division's selection or recommendation for selection shall, if the process is not cancelled by the state, be made by drawing lots, provided, however, that if only one of the vendors offering that price has a principal place of business in New Hampshire, that vendor shall, if the process is not cancelled by the state, be selected or recommended for selection. When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor which has a principal place of business in New Hampshire, selection or recommendation for selection shall, if the process is not cancelled by the state, be made by drawing lots from among the vendors with a principal place of business in New Hampshire.
Source. 2010, 355:1, eff. Sept. 18, 2010. 2014, 327:8, eff. Aug. 2, 2014.
I. (a) No individual or business entity shall be awarded a bid, proposal, or quotation issued by the division of procurement and support services if that individual or entity, or any of its subsidiaries, affiliates, or principal officers:
(1) Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;
(2) Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;
(3) Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing of a bid, proposal, or quotation;
(4) Is currently debarred from performing work on any project of the federal government or the government of any state;
(5) Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;
(6) Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;
(7) Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;
(8) Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;
(9) Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment;
(10) Has been placed on the debarred parties list specified in paragraph II within the past year;
(11) Has been convicted of wage theft of its employees within the past 2 years;
(12) Has been convicted of a felony level offense involving worker safety practices within the past 2 years; or
(13) Has been found guilty, within the last 2 years, of misclassification of workers as independent contractors, in violation of department of labor standards and the definition of employee in RSA 281-A:2.
(b) All individuals or business entities submitting a bid, proposal, or quotation in response to a request for a bid, proposal, or quotation issued by the division of procurement and support services shall, as part of their response, provide a statement signed under penalty of unsworn falsification as set forth in RSA 641:3 that all conditions listed in subparagraphs (a)(1)-(10) have been met. Failure to submit such a statement, the filing of a false statement, or the signing of the statement by an unauthorized person, shall be reason for the bid, proposal, or quotation to be rejected and the resulting contract, if any, shall be deemed to be in breach. The commissioner of the department of administrative services shall adopt rules under RSA 541-A relative to the statement required under this subparagraph.
II. The division of procurement and support services shall maintain a list of individuals or entities which it believes to be precluded from submitting bids, proposals, or quotations, under paragraph I, which it shall post on its public website. Such individuals or entities shall be debarred from submitting bids, quotations, or proposals to the division. Prior to posting the name of an individual or entity on the public website, the division shall, by way of certified or registered mail to the last known address of the individual or entity, notify the vendor of its intention to post. This requirement of notification shall not apply in the case of potential vendors whose names are posted by the division because those vendors' names appear on a federal or state debarred parties list. The individual or entity to whom a notification has been forwarded may request a hearing by certified or registered mail received by the division within 30 days of the date of the letter of notification. The division may post the vendor's name on its website if no request for a hearing is received in that period.
III. The director of the division of procurement and support services may preclude an individual who has been forwarded a notification under paragraph II from bidding or submitting a response to a request for quotation or proposal to the division whenever he or she concludes that to do so is necessary to protect the public interest. If such immediate debarment is ordered, the director shall notify the individual or entity in the notification forwarded under paragraph II. Such debarment shall be effective regardless of whether or not a hearing is pending and regardless of whether or not a posting has been made under paragraph II.
IV. A notification forwarded by the division under paragraph II shall contain at least:
(a) The name of the individual or entity whose name is proposed for posting;
(b) The reason for the division's decision;
(c) A statement that after 30 days from the date of the notification, the person or entity's name will be posted on the division's website and that the individual may request a hearing in accordance with paragraph II;
(d) The actual calendar date by which any request for a hearing must be received by the division;
(e) Notification that individuals or entities appearing on the list specified in paragraph II shall be debarred from submitting bids, quotations, or proposals to the division;
(f) If the individual or entity is immediately debarred from making bids or other submissions to the division, a statement to that effect; and
(g) A general specification of the period of time that the individual or entity's name will appear on the debarred parties list.
V. Individuals or entities placed on the debarred parties list shall generally be debarred from making bids, quotations, or proposals to the division for as long as they are disqualified under paragraph I or for a period of one year after placement on the list by the division, whichever is longer. The director of the division of procurement and support services may earlier terminate the debarment if he or she determines that the reason for debarment no longer exists, or that the debarred vendor has successfully completed the terms of a sentence or penalty, including probation responsibilities, and that earlier termination will not, in the opinion of the director, adversely affect the public interest.
VI. Debarment shall in no way affect the obligation of a vendor to provide products or services already under contract. In its discretion, however, the state may deem the submission of a bid, proposal, or quotation contrary to paragraph I a breach of contract.
Source. 2010, 355:1, eff. Sept. 18, 2010. 2014, 327:9, eff. Aug. 2, 2014. 2018, 82:1, eff. July 24, 2018. 2019, 346:2, 3, eff. July 1, 2019.
Each agency for which the department of administrative services is charged with providing building maintenance services shall pay to the department an annual assessment of 75 cents per square foot of such space which the agency occupies. The department of administrative services may make transfers from appropriate agency accounts to address such assessments. Collected amounts shall be deposited in the building maintenance fund, which shall be nonlapsing and continually appropriated to the department of administrative services for the purposes of covering costs associated with continuing maintenance of buildings, space, and other property which it is charged with maintaining.
2019, 346:40, eff. July 1, 2019.
I. An electronic reverse auction may be conducted at the direction of the director of procurement and support services when it is determined by the commissioner of department of administrative services or designee that it is in the best interests of the state. Such reverse auction shall be conducted with bidders who have prequalified through a request for bids (RFB) process. Factors to be considered in determining whether the state will utilize an electronic reverse auction request for bids shall include:
(a) Whether specifications of requested commodities or services can be prepared that permit electronic posting of bids;
(b) Whether financial opportunity exists associated with cost savings, cost avoidance, or administrative offset, including the indirect or direct cost for preparing and executing the reverse auction; and
(c) Whether the commodities or services to be purchased can be purchased in a competitive marketplace.
II. The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the department of administrative services.
III. All reverse auctions shall be conducted electronically using real-time, on-line bidding procedures. These procedures shall include the following:
(a) Participation as a bidder shall be subject to a prequalification process conducted in accordance with requirements and specifications of the reverse auction request for bids. Qualifications summary responses shall be opened so as to avoid disclosure of contents to competing bidders.
(b) The solicitation shall designate both an opening date and time and a closing date and time for bids during the reverse auction. At the opening date and time, the auctioneer shall begin accepting real-time, online bids. The solicitation shall remain open until the closing date and time.
(c) At any time before the closing date and time, a bidder may offer a lower bid than the lowest bid of any bidder, including the bidder's own bid. A bidder's lowest bid shall supersede any prior higher bid offered by that bidder. Bid prices may not be increased at any time after the opening date and time.
IV. Notwithstanding RSA 91-A:4 and RSA 21-G:37, no information shall be available to the public or to the members of the general court or its staff concerning specific reverse auction RFB from the release of the reverse auction RFB until the contract is approved by the governor and executive council, or, if the contract does not require approval from the governor and executive council, until the contract has been actually awarded as determined by the issuing agency, except:
(a) In the case of an RFB that requires approval from the governor and executive council, the issuing agency shall, at least 5 business days prior to submitting the contract to the department of administrative services, post the vendors' names and respective final prices for each qualified bidder on its website.
(b) In the case of an RFB that does not require approval from the governor and executive council, the issuing agency shall, at minimum, post the vendors' names and respective final prices for each qualified bidder on its website at the time that the RFB is awarded.
V. Notwithstanding paragraph IV, the department of administrative services shall share such pricing information as is necessary to conduct the reverse auction. During the reverse auction, such pricing information shall be shared only with the bidders and other parties participating in the reverse auction as specified in subparagraph III(c). Such information shall include only prices proposed and not names of bidders.
VI. Reverse auction RFBs shall be subject to RSA 21-G:37, IV-VI.
Source. 2021, 202:2, Pt. II, Sec. 1, eff. Oct. 9, 2021.
21-I:12 Internal Organization of the Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property.
I. The division of procurement and support services shall include the following internal organizational units and functions:
(a) A bureau of purchase and property under the supervision of a classified administrator of purchase and property who shall be responsible for the following functions, in accordance with applicable laws:
(1) Procurement of supplies, commodities, and services except as otherwise assigned to other bureaus or divisions of the department.
(2) Purchasing only heating oil that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such product is unavailable or is more costly than a 100 percent petroleum product, in which case such purchase shall be made at the discretion of the director of procurement and support services. The director, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use.
(3) Purchasing biodiesel fuel blends for the department of transportation in accordance with RSA 228:24-a, II.
(4) Maintaining and operating such central storage facilities as may be practical.
(5) Charging property and equipment to the using departments, as he or she shall deem advisable, and expressly specifying the responsibilities for maintenance of the same.
(6) Transferring unused supplies and equipment from one department or agency to another where needed and determining the value thereof; where such unused supplies and equipment cannot be so transferred, providing for disposal to the public by competitive bid whenever the estimated value of any unit or total of units is $2,500 or more, unless the director of the division of procurement and support services determines an alternate disposal method will be in the best interest of the state.
(7) There shall be within the bureau of purchase and property a surplus distribution section, which shall continue to operate for such period of time as surpluses or donated commodities of any kind are made available for distribution to the state by any department, division, or agency of the United States government or by any other source. The surplus distribution section shall be under the supervision of a classified supervisor of surplus distribution, who shall be responsible for the following functions, in accordance with applicable laws:
(A) Requesting, transporting, receiving, warehousing, allocating, enforcing compliance, and delivering, where deemed expedient, any surpluses or commodities made available to the state by the federal government or by any other source.
(B) Assuring that all contracts, agreements, leases, or other documents entered into by the commissioner in order to operate the program of distribution of federal commodities and surpluses comply with the regulations and directives of the federal government.
(C) In his or her discretion, receiving, allocating, and distributing food supplies and other school food services supplies in cooperation with the New Hampshire School Food Service Association Co-operative, Inc., and such activities shall in no way constitute a restriction of trade.
(D) In his or her discretion, participating and cooperating in informational projects relating to distributions made by the agency.
(b) The department's functions relating to merchant payment cards, fleet management, reporting on state real property under RSA 4:39-e and RSA 21-I:11, I(a)(5), and facilitation of the disposition of state-owned real property, managed by such personnel, as may be assigned by the commissioner.
(c) A bureau of graphic services under the supervision of a classified administrator of graphic services who shall be responsible for the following functions:
(1) Supervising all state printing and its procurement.
(2) Ensuring that all legislative printing within the capability of the bureau of graphic services shall, at all times, have priority over other work of the bureau.
(3) Providing the capability to levy cost charges on the use of each state photocopier.
(4) Using the prison print shop to the extent it can efficiently do so to function as a vocational rehabilitation facility under the direct supervision of prison authority, provided the prison print shop shall be entitled to bid on any appropriate state printing job.
(5) Managing a service operation which shall provide graphic services to all state agencies.
(d) With reference to the bureau of graphic services and the rulemaking authority of the commissioner in this area, "graphic services" shall mean any method of producing written or pictorial representations and shall include, but not be limited to, all forms of photography, photocopy, duplicating, and printing.
(e) The following exceptions to the authority of the administrator of graphic services shall apply:
(1) He or she shall exercise no management or other authority over the forensic science laboratory established in RSA 106-B:2-a.
(2) He or she shall exercise no management or other authority over the printing, duplication, photocopying, photographic, or other graphic services equipment or personnel of the university system of New Hampshire, the department of transportation, the department of employment security, and the general court.
(f)(1) There is hereby established in the state treasury a graphic services fund, which shall be a revolving fund administered by the department of administrative services. The fund shall be nonlapsing and continually appropriated to the department of administrative services. Revenue received by the bureau of graphic services shall be deposited into this fund.
(2) The graphic services fund shall be maintained at such a level as to cover the necessary costs of the administration, management, operations, activities, positions, capital, or other needs of the bureau of graphic services. The department of administrative services may use any excess amounts in the fund to fund the administration, management, operations, positions, activities, capital, or other needs of the department or any of its divisions, bureaus, units, or subunits.
II. The division of plant and property shall:
(a) Be responsible for the following functions relative to planning and management, in accordance with applicable laws:
(1) Recommending assignment of office and office-related space, including rented space, or space under consideration for rental, to the director, who shall report such recommendations to the commissioner.
(2) Preparing and maintaining an inventory of all physical space in real property rented or leased for use by the state. This inventory shall be made available to the comptroller in order to assist the comptroller to comply with accounting principles.
(3) Planning for any additional office space needs of the state in consultation with the division of public works design and construction.
(4) Planning for any major renovation to state office buildings in consultation with the division of public works design and construction.
(5) Centrally managing all space rented by, or all proposed rentals of space by, state agencies, and providing central administration and management of the processes by which space is rented by state agencies, except as is otherwise provided by law. Unless otherwise allowed by law, agencies seeking to rent space shall do so only in consultation with the division of plant and property. The central management and administration provided by the division shall include assisting agencies in their selection of property, in the formulation of rental documents, in the preparation of notices, in agencies' solicitation of bids or proposals and selection of lessors, in space planning, in office layout, and in such other matters as are necessary for effective central planning and management relative to rented space but shall not include the power to enter into rental agreements on behalf of an agency.
(b) Include the following internal organizational units and functions:
(1) Be responsible for the following general service functions, in accordance with applicable laws:
(A) Providing support services, including but not limited to, mailing and messenger services to state government.
(B) Providing for the general maintenance of state-owned buildings and grounds, except as otherwise provided by law.
(2) Be responsible for the following court facility functions, in accordance with applicable laws:
(A) Providing suitable court facilities for the conduct of all court sessions held within each judicial district and county, subject to the availability of appropriated funds, in accordance with RSA 490-B.
(B) Providing for the general maintenance of state-owned court buildings and grounds, except as otherwise provided by law.
(3) Be responsible for the department's functions relating to energy management, managed by such personnel as may be assigned by the commissioner.
(4) Be responsible for the department's support of facilities of the department of health and human services managed by such personnel as may be assigned by the commissioner.
III. The division of public works design and construction shall be responsible for the following functions in accordance with applicable law:
(a) Supervising and overseeing the department's public works design and construction functions.
(b) Public works engineering, including planning and design for all public works projects as described in RSA 21-I:78 through RSA 21-I:86.
(c) Field supervision of all public works construction as described in RSA 21-I:78 through RSA 21-I:86.
(d) Supervision and coordination of all state-owned land and buildings not otherwise assigned, including, but not limited to, performing those functions specified in RSA 21-I:84, I.
(e) Except as otherwise provided by law, developing state-owned and supported land and buildings, and preparing a long range capital improvements plan, which shall be communicated to the commissioner of administrative services, or designee.
(f) Communicating with the commissioner of administrative services, or designee, the activities of the division relative to the capital budget overview process. The commissioner of administrative services, or designee, shall coordinate the department's activities relative to the capital budget overview process and shall communicate with the general court regarding that process as it relates to public works.
(g) Communicating with the commissioner of administrative services, or designee, long range capital planning relative to public works design and construction. The commissioner of administrative services, or his or her designee, shall coordinate the department's long range capital planning relative to public works design and construction to meet the needs of the state.
(h) The supervision and operation of all public works of the state not otherwise provided for or assigned by law.
Source. 1983, 416:40. 1985, 188:1; 399:19. 1991, 346:7. 2003, 319:83. 2004, 257:34. 2005, 291:7. 2011, 224:333, eff. July 1, 2011. 2014, 327:10, eff. Aug. 2, 2014. 2020, 37:45, eff. Sept. 27, 2020. 2021, 91:4, 5, eff. July 1, 2021; 202:2, Pt. III, Sec. 11, eff. July 1, 2021.
In addition to the powers, duties and functions otherwise vested by law in the commissioner of the department of administrative services, he shall:
I. Represent the public interest in the administration of the functions of the department and be responsible to the governor, the general court and the public for such administration.
II. Develop and implement, subject to approval by the governor and the legislature, a long range 6-year financial plan for the state of New Hampshire.
III. Attend all meetings of the executive council and joint legislative fiscal committee, answer questions and give information called for by these bodies, and their members, relative to financial operations of the state and its several agencies.
IV. Furnish to any committee of either house of the legislature having jurisdiction over revenue or appropriations such aid and information regarding the financial affairs of the state as it may request.
V. Receive cooperation from all agencies in providing information which he shall request in order to carry out his statutory functions.
VI. Have authority to destroy at the end of 6 years from the time of filing any records, reports, or miscellaneous papers in the department which, in his opinion, are no longer of value to the state, provided that any such destruction shall have the prior approval of the legislative budget assistant.
VII. Assign physical facilities, including rented office space, for the use of state agencies, after consultation with the governor and the prior approval of the fiscal committee of the general court, except:
(a) In the legislative office building and the state house.
(b) In any facilities under the control of the judicial branch of government.
VIII. Have the authority to assign and reassign the personnel of the department among the divisions, bureaus, sections, units, or other organizational subdivisions or components of the department.
IX. Administer all state employee and retiree benefit programs, other than those administered by the retirement system or the deferred compensation commission established in RSA 101-B, as provided by RSA 21-I:28.
X. Supervise the operation of the program of distribution of surpluses and commodities made available to the state by the federal government or any other source, including entering into all necessary contracts and agreements.
XI. Administer the retirement benefits for certain legislative and constitutional officers as provided in RSA 14:27-c.
XII. [Repealed.]
XIII. Have the authority to contract with an outside consulting group knowledgeable in the area of employee compensation of state officers, for the purpose of the commissioner's duty under RSA 94:3-b, in an amount not to exceed $20,000 annually. The cost of such contract shall be funded from the salary adjustment fund.
XIV. Establish a general liability insurance provision for standard state contracts that requires any contractor who qualifies for nonprofit status under section 501(c)(3) of the Internal Revenue Code and whose annual gross amount of contract work with the state does not exceed $500,000 to provide insurance in amounts of not less than $1,000,000 per claim or occurrence and $2,000,000 in the aggregate.
XV. Administer, and, as necessary, revise an integrated system of governmental budgeting, financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems which accurately and systematically account for all revenues, receipts, resources, and property of the state and each of its agencies; which record information about the financial activities of the state and its agencies necessary to compare and control expenditures and commitments, within budgets and appropriations; from which it shall be possible to obtain accurate annual and interim financial statements and other reports which present fairly and with full disclosure the financial position and results of operations of the state of New Hampshire in conformance with generally accepted accounting principles; and which makes it possible to determine and demonstrate compliance with finance-related legal and contractual provisions, including federal grants, to which the state or any of its agencies are subject. The commissioner of administrative services may delegate the performance of functions associated with the above systems, including accounting functions, to appropriate units, divisions, or bureaus within the department and may authorize deviations from generally accepted accounting principles when the commissioner deems it in the best interest of the state, provided that the explanation for so deviating is provided in the annual report required by RSA 21-I:8, II(a).
XVI. Implement and manage an integrated, multi-module, information technology system that facilitates collection and integration of information related to various areas of government such as finance, accounting, human resources, inventory, procurement, and customer service. The commissioner of administrative services may delegate the performance of functions associated with the above system to appropriate units, divisions, or bureaus within the department.
XVII. Maintain a list of persons who have been prohibited from participating in public works projects under RSA 638:20. Such list shall be a public record under RSA 91-A.
XVIII. Establish within the department such divisions, units, and officers, not expressly provided for or prohibited by law, as the commissioner deems advisable for the discharge of his or her duties. The commissioner may appoint such deputy division directors and other officers as he or she believes are necessary to carry out the functions of the divisions of the department.
XIX. (a) Beginning July 1, 2023, create and make available on the department's public Internet website, a report of all federal relief funds disbursed, within 30 days of each disbursement. The report shall be in check register format, and shall include the amount, date, and person or other entity to whom the disbursement was made, the accounting unit and class code of the disbursement, the title and number of the expense account, and a brief description of each disbursement.
(b) Any resident who is aggrieved by a violation of this section may appeal to the office of the right-to-know ombudsman.
Source. 1983, 416:40. 1985, 188:6; 399:20, 21. 1986, 65:2. 1993, 231:1, 2. 2001, 158:103. 2006, 70:12. 2008, 177:8; 358:8, 16, I; 378:1. 2011, 131:3, eff. Aug. 6, 2011. 2012, 247:11, eff. Aug. 17, 2012. 2017, 193:5, eff. Aug. 29, 2017. 2021, 202:2, Pt. III, Sec. 2, eff. July 1, 2021. 2023, 102:1, eff. June 20, 2023.
I. Members of the general court, in the performance of their duties as such, shall not be charged for financial information under the control of the commissioner of administrative services, but requests for such information shall be made to the commissioner on forms supplied by him; provided, however, that members shall not have access to information where availability is prohibited by statute such as, but not limited to, RSA 91-A:5. Members of the general court shall have access only to that information available to the legislative budget assistant under RSA 14:31, IV-a.
II. [Repealed.]
Source. 1985, 399:28, eff. July 1, 1985. 2015, 185:4, eff. Jan. 1, 2016.
The commissioner of administrative services shall adopt rules, pursuant to RSA 541-A, relative to the following matters, if such matters require statements of general applicability within the definition of "rule" set forth in RSA 541-A:1, XV:
I. A comprehensive and uniform system of state financial management described in RSA 21-I:13, XV and XVI in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary, that clearly explains procedures applicable to all state agencies, officers and employees other than the legislative branch and the state judicial branch. Notwithstanding RSA 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall:
(a) Be subject to the approval of governor and council but, pursuant to RSA 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
(b) To the extent deemed necessary by the commissioner, set forth standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements related to the financial management of the state, including but not limited to:
(1) Budget preparation requirements.
(2) Fiscal year closing requirements.
(3) State fund structure.
(4) Governor and council actions.
(5) Fiscal committee actions.
(6) Transfer of appropriated funds.
(7) Reimbursement of travel, meals, and lodging.
(8) Staff development reimbursement.
(9) Asset and inventory requirements.
(10) State-owned motor vehicles.
(11) Implementation or alteration of practices, procedures, policies, protocols, guidelines, specifications, instructions, and directives related to the statewide budgeting and uniform financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
(12) Any other matter relating to budgeting, integrated financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
II. Loss prevention guidelines for the purpose of risk management.
III. [Repealed.]
IV. [Repealed.]
V. Standards for the provision of graphic services which will insure efficiency and high quality work.
VI. Standards governing the purchase and continuing ownership of graphic services equipment by agencies not exempted by RSA 21-I:12, I(e).
VII. Standards governing the allocation and use of state photocopiers by the agencies not exempted by RSA 21-I:12, I(e).
VIII. Standards necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
IX. Standards for the format, content and style of agency annual or biennial reports, after consultation with the administrator of the bureau of graphic services with regard to format. These standards shall require that agency reports provide statistical information on agency activities and operations in addition to narrative discussions; and that agency reports analyze the operational efficiency of state operations and program performance in terms of explicitly stating the statutory functions each agency is to perform and how these statutory functions are being accomplished, in terms of unit-cost measurement, workload efficiency data, and program output standards established by the commissioner. These standards shall be in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary. Notwithstanding RSA 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall be subject to the approval of governor and council but, pursuant to RSA 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
X. Qualification, continuing eligibility and disqualification of recipients to receive commodities distributed by the surplus distribution section established by RSA 21-I:12, I, and procedures for determining the same. Such rules shall:
(a) Comply with requirements, if any, established by the department, division or agency of the United States which is the source of the commodities.
(b) Be binding on all recipient agencies and shall have the force of law. No recipient agency, nor any officer or employee thereof, shall be liable for damages for any claimed injury arising from a determination made in accordance with said rules.
XI. Fair and equitable charges to be assessed against recipients receiving any donated surpluses from the surplus distribution section based on recommendations provided according to RSA 21-I:11, I(a)(6).
XII. Standards and procedures governing the purchase of all materials, supplies and equipment by the division of procurement and support services.
XII-a. Procedures for the waiver of certain provisions of RSA 21-I relative to purchasing under RSA 21-I:18, II.
XIII. Management of the state employees and retiree group insurance program authorized by RSA 21-I:26 through 21-I:36 and the programs established in RSA 21-I:44-a and RSA 21-I:44-b.
XIII-a. Implementation of the programs established in RSA 21-I:44-a and RSA 21-I:44-b.
XIV, XV. [Repealed.]
XVI. Public works services, including bidding for major projects as described in RSA 21-I:78, as authorized by RSA 21-I:80; RSA 21-I:81 and RSA 21-I:82, bidder qualifications, agency requests for public works services, charges and fees, selection of persons or entities to perform public works projects, public works construction and design, dispute resolution, and such other requirements or procedures relating to public works as are necessary for the division of public works design and construction to properly perform its duties and functions in accordance with applicable law.
XVII. The central management of space rented by state agencies, the rental of space by state agencies and the processes to be utilized by agencies in the rental of space, including those matters described in RSA 21-I:12, II(a)(5).
XVIII. Employees serving in executive branch unclassified positions relating to:
(a) Annual Leave;
(b) Sick Leave;
(c) Transfers between positions within the executive branch and across branches of state government;
(d) Termination and payouts upon termination of employment;
(e) Unpaid medical leave; and
(f) Employee discipline.
Source. 1983, 416:40. 1985, 188:7; 399:22. 1986, 65:3. 1991, 346:18, IV; 355:2. 1994, 183:1. 2005, 291:8. 2006, 70:11, 13. 2008, 177:9, 10, eff. June 11, 2008. 2014, 327:11-13, eff. Aug. 2, 2014. 2017, 193:6, eff. Aug. 29, 2017. 2021, 91:358, eff. July 1, 2021. 2025, 101:2, eff. Aug. 16, 2025.
21-I:14-c Energy Consumption Reduction Goal; Reports.
I. Each state department shall identify cost-effective measures to reduce fossil fuel consumption by 25 percent by 2025 in state buildings, on a square foot basis, compared to a 2005 baseline. Implementation of any measures shall be subject to the appropriate budgetary process and approval. Cost effectiveness for the purposes of this section shall mean a return on investment based on energy savings and reduced operational costs within the expected lifetime of the measure.
II. Beginning in calendar year 2016, each state department shall submit an annual report to the commissioner of administrative services on or before October 15 which details any cost-effective measures it is utilizing and those potential measures, subject to budgetary approval, to comply with the energy consumption reduction goal established in paragraph I and its annual progress in complying with this goal.
III. Beginning in calendar year 2016, the commissioner shall submit an annual report to be made available to the public on or before January 15 compiling the annual reports submitted under paragraph II, with findings on the departments' annual progress in complying with the energy consumption reduction goal established in paragraph I and problems which may prevent the departments from achieving this goal, to the governor, the senate president, the speaker of the house of representatives, the chair of the senate energy and natural resources committee and the chair of the house science, technology and energy committee.
Source. 2010, 328:2, eff. July 20, 2010. 2012, 281:1, eff. Jan. 1, 2013. 2015, 259:4, eff. July 1, 2015.
21-I:14-d Advisory Committee on State Procurement.
I. There is established an advisory committee on state procurement. The members of the committee shall be as follows:
(a) Four members of the house of representatives, 2 of whom shall be members of the house executive departments and administration committee, one of whom shall be a member of the house committee with jurisdiction over public works, and one of whom shall be a member of the house finance committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall work with the department of administrative services and department of justice to update state procurement procedures. The committee shall meet at least annually and on an as-needed basis to address procurement issues identified by the committee.
IV. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
V. Beginning November 1, 2016, and each November 1 thereafter, the committee shall report its findings and any recommendations for proposed legislation to the commissioner of the department of administrative services, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.
Source. 2016, 55:4, eff. May 5, 2016. 2017, 50:2, eff. July 11, 2017. 2022, 323:5, eff. Sept. 6, 2022.
I. The director of procurement and support services may purchase materials and supplies in advance of requisition by state departments and institutions, and such purchases shall be a charge against each departmental or institutional appropriation upon requisition and delivery.
II. The state treasurer upon presentation by the director of procurement and support services of manifests covering said supplies is authorized to pay the same from any money in the treasury not otherwise appropriated.
III. The director of procurement and support services is authorized to assess a fair and equitable charge with respect to such materials and supplies, such charge to be made against the departmental or institutional appropriation upon requisition and delivery. Such charges shall be sufficiently high to defray all administrative, warehousing, processing, distribution and transportation costs incurred by the division of procurement and support services plus the cost of supplies necessary to the operation of the division.
IV. The funds arising from such charges shall be separately accounted for, and are hereby appropriated to and made available for expenditure by the director of procurement and support services, subject to the approval of the commissioner of administrative services, for the purposes set forth in paragraph III.
Source. 1985, 399:1, eff. July 1, 1985. 2014, 327:15, eff. Aug. 2, 2014.
All furniture bought shall be charged to the proper department, and shall not be a charge upon the appropriation for the care, maintenance, and repair of the state buildings.
Source. 1985, 399:1, eff. July 1, 1985.
I. The director of procurement and support services may purchase supplies or services for the legislative or judicial branches whenever the governing body thereof so desires and the director deems that such purchases can be made advantageously. In addition, the director may include terms in his or her contracts that require a vendor to make supplies and services available to the legislative or judicial branches, and any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code, on terms that are the same as or similar to those offered to the executive branch of the state; however, any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code shall be made independently and distinctly from the director's purchases under this chapter, and the director shall not be required to enter into any contractual or other arrangements or assume any responsibility or liability with respect to any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code.
I-a. In the case of contracts entered into by the director of procurement and support services for credit card services intended to facilitate state procurement, the director may, if he or she believes that to do so would be advantageous to the state:
(a) Include terms in such contracts that require a card issuer to make such services available to the legislative or judicial branches, or to any city, town or other non-state entity which is an employer as defined by RSA 100-A:1, IV, on terms that are the same as or similar to those offered to the executive branch of the state; provided, however, that such use or continued use shall be subject to the approval of the division of procurement and support services. Any procurement of supplies or services by the legislative or judicial branches, or by any city, town, or other non-state entity using cards secured under this subparagraph shall be made independently and distinctly from the director's purchases under this chapter. Any charges, fees, or other costs associated with the use of such cards shall be the responsibility of the entity which incurred them and the state shall assume no responsibility for the use of cards by entities other than the state. The director shall not be required to enter into any contractual or other arrangement for the use of cards by the legislative or judicial branches, or any city, town, or other non-state entity which is an employer as defined by RSA 100-A:1, IV, or to assume any responsibility or liability with respect to the use of such cards or with respect to any procurements of supplies or services made by those entities using such cards.
(b) Enter into contracts which, in addition to allowing for use of credit card services by the executive branch, also allow for use by the legislative or judicial branches in order to pay for their purchases in a manner similar to executive branch agencies. If the legislative or judicial branches elect to make such direct use of contracts secured by the division of procurement and support services under this subparagraph, they shall do so according to procedures established by the department of administrative services, in RSA 21-I:17-d, II and III. The use or continued use of such contracts by the legislative or judicial branch shall be subject to the approval of the division of procurement and support services. The director shall not be required to enter into any contractual or other arrangements for the use of credit card services by the legislative or judicial branches, and may also, or in the alternative, include terms in his or her contracts which allow for participation by those branches on the terms set forth in subparagraph (a).
II. [Repealed.]
III. The state through the director of procurement and support services or any other appropriate purchasing authority may purchase pharmaceuticals and allied products and services for any receiving facility as defined in RSA 135-C or any nonprofit hospital, whenever the governing body thereof so desires and the director or other authority deems that he or she can make such purchases advantageously. Any savings realized from the state's purchase of pharmaceuticals and allied products and services for a receiving facility or nonprofit hospital shall be allocated to the receiving facility or nonprofit hospital. No liability shall accrue to the state or the state purchasing authority for any loss, damage, death, or injury resulting from the use of any pharmaceuticals or allied products or services purchased by the state for any nonprofit hospital.
Source. 1985, 399:1. 1988, 269:7. 2004, 260:1. 2010, 209:1, 4, eff. Aug. 27, 2010. 2014, 327:16, eff. Aug. 2, 2014. 2015, 253:2, eff. Sept. 11, 2015.
I. The director of procurement and support services may, upon written application of the governing board of any agency, authorize such governing board, or one or more individuals designated by such board, to purchase supplies for the agency directly from vendors by the use of field purchase orders, or by the use of procurement cards issued for that purpose; provided, however, that no such field purchase order or procurement card shall be used where a total expenditure of more than $1,000 is involved unless such use is otherwise allowed by law. The form and use of such field purchase orders or procurement cards shall be prescribed by rules adopted by the commissioner of administrative services pursuant to RSA 541-A in consultation with the state treasurer, or in the department's manual of procedures described in RSA 21-I:14, I. Rules or procedures adopted by the commissioner relative to procurement cards shall include processes for monitoring the use of such cards. Procurement cards shall be used only for state purposes. Unauthorized use of a procurement card may result in disciplinary action up to and including termination of employment. Any person who knowingly uses a procurement card in violation of this section shall be guilty of a misdemeanor. Agencies' use of procurement cards shall be subject to the limitations of the amounts appropriated by the legislature.
II. Upon the joint recommendation of the commissioner of administrative services and the governing board of any agency, the governor and council, in their discretion, may authorize such governing board, or one or more individuals designated by such governing board to purchase supplies for the agency directly from vendors in such quantities and for such sums as the governor and council shall prescribe; provided, however, that any such authority shall be subject to the limitations of the amounts appropriated and the purposes authorized by the legislature for the agency, and provided further that all such delegations of purchasing authority shall expire on December 31 of the even numbered years. Whenever such purchasing authority is so delegated to any agency, the requirements of RSA 21-I:11, I(a)(3) and (4) and rules adopted pursuant to RSA 21-I:14, XII, shall apply to the governing board or its authorized agent exercising such delegated authority.
Source. 1985, 399:31. 1994, 89:1. 2010, 209:2, eff. Aug. 27, 2010. 2014, 327:17, eff. Aug. 2, 2014. 2015, 253:1, eff. Sept. 11, 2015. 2016, 55:3, eff. May 5, 2016.
21-I:17-b Purchase of Electricity by Competitive Bidding.
I. When evaluating bids for electric power supply and services, the quality of service, the reliability of service, the coordination of services, and other reasonable factors shall be considered in addition to the price of electricity. The bidding process shall be open to bids which serve less than the entire needs of the state, or which provide electric power supply or services separately, in order to increase the number of potential suppliers.
II. When submitting electric power supply bids, vendors should include information, to the extent practicable, on the fuel sources and air pollutant emission profiles of significant sources of generation under the proposed bid.
III. The solicitation of competitive bids for electric power supply shall only apply to wholesale power purchased from the electric grid and does not apply to power purchase agreements under RSA 21-I:19-d, which will result in power generated on state-owned property. Nothing in this section shall be interpreted to mean that any energy contract entered into under RSA 21-I:19-d shall not be subject to competitive bidding.
Source. 1996, 79:3. 2020, 37:58, eff. Sept. 27, 2020.
21-I:17-c Contracts for Use by More Than One Agency.
Agencies shall make use of contracts which have been entered into by the department of administrative services, division of procurement and support services, for more than one agency when procuring commodities or services that are available to the agency under such contracts, unless granted a waiver from this requirement by the commissioner of administrative services. The commissioner shall grant a waiver when he or she concludes that to do would be in the best interests of the state.
Source. 2009, 162:4, eff. Sept. 6, 2009. 2014, 327:18, eff. Aug. 2, 2014.
21-I:17-d Use of Procurement Cards for Purchase of Commodities or Services.
I. In addition to the division of procurement and support services' authority to allow the use of field purchase orders or procurement cards for the purchase of supplies under RSA 21-I:17-a, the director of procurement and support services may authorize agencies, or their designees, to purchase commodities or services directly from vendors by the use of procurement cards issued for that purpose; provided, however, that no such procurement card shall be used where a total expenditure of more than $1,000 is involved unless such other use is otherwise allowed by law, or unless the commissioner of administrative services or his or her designee authorizes a higher total expenditure on a case by case basis. The commissioner or his or her designee may authorize a higher total expenditure only if he or she concludes that to do so would be in the best interests of the state.
I-a. The director of procurement and support services also may, upon written application of an agency, authorize the agency, or one or more individuals designated by the agency, to purchase commodities or services secured by or through the division using procurement cards issued for that purpose; provided, however, that no such card shall be used for an expenditure which is greater than the amount allowed by the division for purchases under the applicable contract, or the price allowed by the division for the commodity or service, and provided further that use of such cards shall be in accordance with paragraphs II and III.
II. Use of a procurement card under paragraph I or I-a shall not alter any other purchasing requirements which may apply to the agency or to the type of purchase at issue, including but not limited to any restrictions or limitations contained in contracts entered into by the division of procurement and support services and any processes, rules, or manual of procedures provisions adopted by the department of administrative services which are applicable to the purchase. Agencies' use of procurement cards shall be subject to the limitations of the amounts appropriated by the legislature.
III. The form and use of credit cards to conduct or pay for purchases under paragraph I or I-a shall be prescribed by rules adopted by the commissioner of administrative services pursuant to RSA 541-A in consultation with the state treasurer, or in the department's manual of procedures described in RSA 21-1:14, I. Rules or procedures adopted by the commissioner shall include processes for monitoring the use of cards. Cards shall be used only for state purposes. Unauthorized use of a card may result in disciplinary action up to and including termination of employment. Any person who knowingly uses a card in violation of this section shall be guilty of a misdemeanor.
Source. 2015, 253:3, eff. Sept. 11, 2015. 2020, 37:44, eff. Sept. 27, 2020.
I. To the extent indicated in this section, the following agencies and purchases are exempted from the provisions of this chapter. All exempt purchases shall be made in accordance with the existing laws governing such purchases:
(a) The university system of New Hampshire shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the director shall be required to follow the provisions of this chapter. The university system shall make purchases under competitive bidding requirements except when waived by the chancellor of the university system or his authorized agent upon written justification.
(b) The liquor commission is exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring supplies as defined in RSA 21-I:11, II(a), and other materials, goods, and services that are necessary for, incidental to, or related to the operation of liquor commission retail and wholesale operations.
(c) The legislature, secretary of state, and the state reporter are completely exempted from the provisions of this chapter.
(d) This chapter shall not apply to any contracts made or entered into by the director of procurement and support services or any agency under the terms of which contractors with the state purchase their own supplies directly.
(e) The purchase of materials, supplies and merchandise by the department of natural and cultural resources as provided by RSA 219:21 shall not be subject to the provisions of this chapter.
(f) All state agencies are exempted in the matter of the purchase of books and periodicals.
(g) The purchase of gaming tickets and their dispensing equipment by the lottery commission. The commission shall make such purchases under competitive bidding requirements, except when waived by the commission or its authorized agent with written justification.
(h) The purchase of client rehabilitative equipment, supplies and services for disabled persons by the bureau of vocational rehabilitation, including adaptive equipment as provided by RSA 200-C:16, shall not be subject to the provisions of this chapter.
(i) Purchases of services from nonprofit organizations by the department of education, division of learner support and the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.
(j) The court systems are completely exempted from the provisions of this chapter.
(k) The purchases of materials, supplies, and merchandise by the fish and game department as provided by RSA 206:22-b shall not be subject to the provisions of this chapter.
(l) Purchases of services from private contractors by the department of revenue administration with respect to the administration of low and moderate income homeowners property tax relief claims.
(m) Purchases of services from private contractors by the department of revenue administration with respect to the establishment of assessing enforcement procedures.
(n) The purchase of gaming tickets and their dispensing equipment by the lottery commission under RSA 287-E. The lottery commission shall make such purchases under competitive bidding requirements, except when waived by the lottery commission or its authorized agent with written justification.
(o) The New Hampshire retirement system shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the executive director shall be required to follow the provisions of this chapter. The retirement system shall make purchases under competitive bidding requirements except when waived by the executive director or his or her authorized agent upon written justification.
I-a. The community college system of New Hampshire shall not be required to make purchases through the director of procurement and support services or utilize the services of the bureau of graphic services unless it so chooses. The community college system of New Hampshire shall make purchases under competitive bidding requirements except when waived by the chancellor of the community college system of New Hampshire, or a designated agent, upon written justification.
II. Notwithstanding any other provision of law, the commissioner of the department of administrative services, or his designee, may waive the provisions of RSA 21-I, relative to the purchase of materials, supplies, and merchandise, when requested by the executive head of any department or agency or his designee to prevent the loss of any federal or other funds subject to recapture. Such waiver shall be acted upon in a timely manner, and approval shall not be unreasonably withheld.
Source. 1985, 399:1. 1986, 171:4. 1987, 284:3. 1988, 269:8. 1989, 35:2. 1990, 140:2, X; 255:4. 1991, 355:3. 1992, 198:2. 1993, 137:3-5; 322:3. 1994, 246:3; 379:20, 21. 1995, 310:181. 1998, 272:1. 1999, 338:19. 2001, 158:30, 83. 2003, 319:25. 2004, 97:8; 257:5. 2005, 53:1. 2007, 361:4. 2008, 25:1; 359:4. 2009, 144:120, eff. July 1, 2009. 2013, 157:1, eff. June 28, 2013. 2014, 327:19, eff. Aug. 2, 2014. 2015, 276:127, eff. July 1, 2015. 2017, 156:14, I, eff. July 1, 2017. 2018, 315:5, eff. Aug. 24, 2018.
21-I:19 Products and Services of Persons With Disabilities.
Notwithstanding any other provision of law to the contrary, whenever products or services of persons with disabilities are available, the director of procurement and support services may purchase the same at their fair market value in accordance with the following:
I. The director shall determine the fair market price on all suitable products manufactured by persons with disabilities and services rendered by persons with disabilities and offered for sale to the state or any of its agencies by any charitable nonprofit agency for the disabled, which is incorporated under the laws of this state, and which manufactures merchandise and provides services within the state and which is approved for such purpose by the director of the division of procurement and support services. The director shall revise such prices from time to time, in accordance with changing market conditions, and shall adopt such rules regarding specifications, time of delivery and other relevant matters as are necessary to carry out the provisions of this section. At the request of the director of procurement and support services, the commissioner of education shall assist the director in distributing requests for goods and services of persons with disabilities among approved agencies for the disabled.
II. If products or services are available for procurement from any department or agency of the state, and procurement therefrom is required by the provisions of any other section of this chapter or any other law, procurement of such products shall be made in accordance with such other provisions of law.
Source. 1985, 399:1. 1990, 140:3, eff. June 18, 1990. 2014, 327:20, eff. Aug. 2, 2014.