Section Adm 604.02 - Procedural Requirements for Bids, Quotations, and Proposals(a) Except to the extent otherwise provided in the requirements of the bid, bids, quotations, and proposals subject to these rules shall be submitted to the division in a hard copy or electronic writing and shall include all sheets, sides, or pages required by Adm 604.08 and Adm 604.09, together with all information required to be provided by the bidder, or such other alternate form specified in the requirements of the bid, together with all sheets, sides, or pages of any addenda or attachments thereto which contain information required to be provided by the bidder.(b) A bidder's submission of a bid or signature on the documents specified in (a) above, or such other alternative document specified in the requirements of the bid, shall constitute an acceptance of all of the terms of the requirements and specifications of the bid, including but not limited to the contract terms and conditions, general conditions for bidding, general conditions and instructions, and general terms and conditions for services, if any, specified on, or made part of, the bid, including those terms that are to apply if the bidder is selected to provide commodities or services to the state.(c) The contents of the documents described in Adm 604.08 and Adm 604.09, or such other alternative document specified in the requirements of the bid, or the contents of the terms, conditions or other requirements or specifications of the bid, quotation, or proposal, including those relating to quantity and delivery, shall not be altered, modified, deleted, or excepted to by a bidder except as specified in Adm 604.03, and provided that alterations, modifications, deletions, or exceptions may be withdrawn to the extent allowed under Adm 604.03 (d) and Adm 606.01(i).(d) Bids, quotations, and proposals shall be submitted to the division on or before the date and time specified by the division for the submission of bids or proposals or for the receipt of quotations, except that if state offices are closed because of inclement weather, unforeseen circumstances, or any other reason, bids, quotations and proposals due on that date shall be accepted by the close of business on the next business day.(e) Bids, quotations, and proposals shall be submitted in conformity with all requirements of the bid, including any provisions relating to the sealing of bids, quotations, or proposals, and in conformity with the specifications of the bid and all applicable rules.(f) Bids, quotations, and proposals may be submitted by electronic submission, facsimile, email, or other form of delivery if such submittal is authorized in the requirements or specifications of the particular bid, bids, quotations, or proposals, subject to all requirements applicable to submittals. All submissions shall: (1) In order to be timely, be submitted, and actually received, on or before the date and time set for the receipt of bids, quotations, or proposals;(2) Be in accordance with the requirements of the bid, the specifications of the bid, and the provisions of these rules; and(g) For the purposes of (f) above, the time of receipt shall be the time that the full transmission is received by the division.(h) For the purposes of (f) and (g) above, if the time of receipt as recorded by the sender's facsimile or electronic transmission equipment differs from the time of receipt of the facsimile or electronic transmission as recorded by the division's equipment, the time recorded by the division's equipment shall control.(i) Except as otherwise provided herein, facsimile and other electronic transmissions shall be subject to the same provisions of these rules, including those relating to correction and cure, as would apply to hard-copy submissions.(j) Bidders shall be responsible for submitting any bid, quotation, or proposal that is in the form of a facsimile or other electronic transmission in a manner that is, and at such a time that the division's receipt of the submission is, in accordance with these rules.(k) Bids, quotations, and proposals shall be accompanied by a letter of authority, if such letter of authority is requested in the requirements or specifications of the bid.(l) If a request for bid, a request for quotation, or a request for proposal requires the submission of samples, or if the bidder provides items for demonstration purposes, the bidder shall submit such items free of charge and shall deliver, install, remove, and properly dispose of, any such items free of charge at the date and time specified in the requirements or specifications of the bid or otherwise.(m) Sample and demonstration units provided under (l) above shall not be offered to the state as a new commodity and the state shall not return samples or items left for demonstration purposes that have not been removed by the bidder.(n) The monetary amount of bids or proposals shall not include any state or federal tax from which the state is exempted by law.(o) Bids, quotations, and proposals shall not be transferable.(p) Bids, quotations, and proposals shall be signed in accordance with Adm 604.07 below.(q) All monetary amounts expressed in bids, quotations, proposals, or other offers to sell commodities or services to the state shall be expressed in United States dollars and all monetary transactions with the state shall be conducted in United States dollars.(r) Bids, quotations, or proposals shall be signed by a person authorized to bind the bidder to the terms of the bid, quotation, or proposal.(s) Bids, quotations, or proposals shall be legible.(t) Bids, quotations, or proposals shall be written in English.(u) If requested in the invitation for bid, quotation, or proposal, the bidder shall supply the bureau of the division that issued the invitation for bid, quotation, or proposal, or designee, as specified in the requirements or specification of the bid, with certified test results, third-party certificates of product compliance, or the results of independent laboratory testing to confirm compliance with any specifications of a bid, quotation, or proposal, the costs of which shall be the responsibility of the bidder.(v) After submission of a bid, quotation, or proposal, a bidder shall make no change to price or other matter that a bidder is required to specify in response to a particular RFB, RFP, or RFQ, except to the extent allowed in the context of final offer negotiations under Adm 606.02.N.H. Admin. Code § Adm 604.02
#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13
Amended by Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 600).