The publisher does not state since when this version applies. Read on 2025-05-23.
Copy read on 2026-11-08 from the Internet Archive's copy of 2025-05-23, 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. Any person who knowingly or willfully violates RSA 21-G:21-27 or makes unauthorized disclosure of confidential matters or materials contrary to RSA 21-G:31, or interferes with or obstructs lawful activities of the committee, shall be guilty of a misdemeanor and may be subject to disciplinary action as provided in RSA 21-G:31, III(d) and other applicable law.
II. In the case of any person convicted under this section, the court may order restitution.
Source. 2006, 21:3, eff. June 2, 2006.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source. 2006, 21:3, eff. June 2, 2006.
In this subdivision:
I. "Agency" means any executive branch department, commission, board, institution, bureau, office, or other executive branch entity established in the state constitution, statutes, session laws, or executive orders.
II. "Bidder" means a contractor, supplier, or vendor who responds to an RFB, RFP, RFA, or similar request for submission with an offer to sell goods or services.
III. "Request for application (RFA)" means an invitation to submit an offer to provide identified services to an agency where the amount of funding available and the particulars of how the services are to be provided are defined by the agency and where the selection of qualifying vendors will be according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.
IV. "Request for bid (RFB)" means an invitation to submit an offer to provide specified commodities or services to an agency at a price proposed by the bidder where selection is based on the lowest price meeting or exceeding specifications as stated in the bid.
V. "Request for proposal (RFP)" means an invitation to submit a proposal to provide specified goods or services, where the particulars of the goods or services and the price are proposed by the vendor and, for proposals meeting or exceeding specifications, selection is according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.
VI. "Selected vendor" means the qualified bidder which has been identified by the agency as having received the best score for its proposal according to the criteria set forth in an RFP, RFA, or similar request for submission, as provided in RSA 21-I:22-a and RSA 21-I:22-b, or which has been identified by the agency as providing the best price as set forth in an RFB.
VII. "Vendor" means a person or entity who offers products or services for sale.
Source. 2015, 185:1, eff. Jan. 1, 2016.
21-G:37 Financial Information Regarding Requests for Bids or Requests for Proposals.
I. In order to protect the integrity of the bidding process, notwithstanding RSA 91-A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to requests for bids (RFBs), requests for proposals (RFPs), requests for applications (RFAs), or similar requests for submission for the purpose of procuring goods or services or awarding contracts from the time the request is made public until the closing date for responses.
II. On the closing date for responses, the agency shall:
(a) In the case of an RFB, hold a public bid opening at which it shall disclose the name of the bidders which submitted timely bids and the prices offered.
(b) In the case of an RFP, RFA, or similar request for submission, post the number of responses received on the agency website.
III. Notwithstanding RSA 91-A:4, no information other than that specified in paragraph II shall be available to the public or to the members of the general court or its staff concerning specific RFBs, RFPs, RFAs, or similar requests for submission made by any state agency from the closing date for responses 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 prices for each responding vendor 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 prices for each responding vendor on its website at the time that the RFB is awarded.
(c) In the case of an RFP, RFA, or similar request for submission that requires approval from the governor and executive council, the issuing agency shall, at least 5 business days prior to submitting the proposed contract to the department of administrative services, post the rank or score for each responding vendor on its website.
(d) In the case of an RFP, RFA, or similar request for submission that does not require approval from the governor and executive council, the issuing agency shall, at least 5 business days before final approval of the proposed contract by the appropriate agency authority, post the rank or score for each responding vendor on its website.
IV. A bidder questioning an agency's identification of the selected vendor may request that the agency review its selection process. Such request shall be made in writing and be received by the agency within 5 business days after the rank or score is posted on the agency website. The request shall specify all points on which the bidder believes the agency erred in its process and shall contain such argument in support of its position as the bidder seeks to present. In response, the issuing agency shall review the process it followed for evaluating responses and, within 5 business days of receiving the request for review, issue a written response either affirming its initial selection of a vendor or canceling the bid. In its request for review, a bidder shall not submit, and an agency shall not accept nor consider, any substantive information that was not included by the bidder in its original bid response. No hearing shall be held in conjunction with a review. The outcome of the agency's review shall not be subject to appeal.
V. The head of the issuing agency may waive the requirements of paragraphs II through IV in the event of an emergency situation or to prevent the loss of federal or other funds subject to recapture. Each agency shall adopt rules, pursuant to RSA 541-A, relative to circumstances constituting an emergency or loss of funding under this paragraph. In the event that contract negotiations have not concluded in the 5 business days prior to submission of the proposed contract to the department of administrative services, the head of the issuing agency may waive the requirements of subparagraphs III(a) and (c), provided that the agency:
(a) Posts a notification at least 5 days prior to the applicable department of administrative services deadline for governor and executive council submissions notifying the public that negotiations are ongoing and the anticipated date of the governor and executive council meeting where the contract will be reviewed; and
(b) Posts on its website the information required pursuant to subparagraphs III(a) and (c) upon the conclusion of contract negotiations.
VI. (a) When an agency cancels an RFB, RFP, RFA, or similar request for submission, terminates the selection process, or otherwise does not select a bidder, no information, other than a notification of the cancellation or termination and information unrelated to the other bids or bidders, shall be available to the public or to the members of the general court or its staff concerning the RFB, RFP, RFA, or similar request for submission, notwithstanding the provisions of RSA 91-A:4, for a period of 2 years following the cancellation, termination, or other non-selection, subject to subparagraph (b).
(b) If, within 2 years following the cancellation, termination, or other non-selection, a new RFB, RFP, RFA, or similar request for submissions is issued, which the issuing agency determines is substantially related to the original RFB, RFP, RFA, or similar request for submission, information concerning the original bid or proposal shall, if requested and upon payment of any costs established pursuant to RSA 91-A:4, IV, be made available only after selection of a bidder on the new request for submission, but only to the extent that such information is not exempt from disclosure under RSA 91-A:5 or other law.
VII. Requests for grant applications or proposals shall not be subject to the requirements set forth in paragraphs I-V. Notwithstanding RSA 91-A:4, information relating to grant applications or proposals shall remain confidential until the grant contract is approved by the governor and executive council, or, if the grant contract does not require approval from the governor and executive council, until the effective date of the grant contract as determined by the issuing agency.
VIII. Nothing in this chapter shall be construed as a justification to avoid answering questions posed by the public or members of the general court that are unrelated to information regarding other bids or bidders to an RFB, RFP, RFA, or similar submission.
Source. 2015, 185:1, eff. Jan. 1, 2016. 2016, 55:1, eff. May 5, 2016. 2017, 50:1, eff. July 11, 2017. 2023, 126:1, 2, eff. Aug. 29, 2023.
I. From the time the bid is published until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will select, evaluate, or award an RFB, RFP, RFA, or similar request for submission. Any bidder that violates this section shall be subject to prosecution for an offense under RSA 640:2. Every RFB, RFP, RFA, or similar request for submissions issued by any state agency shall contain a provision stating that any bidder who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFB, RFP, RFA, or similar request for submission and every such bidder shall be disqualified from bidding on any RFB, RFP, RFA, or similar request for submission issued by any state agency. An agency which becomes aware of any such charge or conviction shall notify the department of administrative services, which department shall maintain a list of vendors reported to it and make that list available for agency reference on the state's internal intranet system. A bidder that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the department of administrative services, which shall note that information on the list maintained on the state's internal intranet system, except that in the case of annulment, the information shall be deleted from the list.
II. No elected official, public official, public employee, constitutional official, or family member of any such official or employee who was, is, or will be involved in the selection, evaluation, or award of an RFB, RFP, RFA, or similar request for submission, shall accept any gift, expense reimbursement, or honorarium, as defined in RSA 15-B, from a bidder.
III. Each agency and executive branch official and employee shall avoid any situation that might constitute a conflict of interest, misuse of position, or otherwise violate the code of ethics under RSA 21-G:21-27.
Source. 2015, 185:1, eff. Jan. 1, 2016. 2016, 55:2, eff. May 5, 2016.