Section Adm 604.03 - Requests for Changes to Bids, Quotations, and Proposals(a) A person, association, or agency may request changes to the requirements or specifications of a bid, quotation, or proposal by submitting the requested changes to the division in writing, in the time period specified in the bid, quotation, or proposal.(b) Requests for changes to the requirements or specifications of an RFB or RFP shall be granted if:(1) Such proposed changes are made in writing;(2) Such proposed changes are received by the division no less than 5 business days before the date scheduled for the submission of the proposals or bids, unless otherwise specified by the division; and(3) The division concludes: a. That the change would not affect the original scope or purpose of the requirements or specifications of the RFB or RFP;b. That the change would not conflict with any applicable law, regulation, or rule other than the rule stating that a bidder must submit bids in accordance with the particular requirement or specification sought to be altered;c. That the change would enable the state to meet its business needs in a more timely, efficient, or cost-effective manner or in a manner that is otherwise more advantageous to the state than would the original requirements;d. If the change relates to the contract terms and conditions, general conditions for bidding, general conditions and instructions, general terms and conditions for services, or any legal term or condition appearing on a document provided by the division:1. That it has been submitted by the division to, and has been reviewed by the New Hampshire department of justice; and2. That it is desirable in view of the foregoing factors and any review conducted by the New Hampshire department of justice; ande. If the change relates to the specifications of a bid, that one or more of the agencies that are to receive the commodity or service concurs with the change after consultation with the division.(c) Requests for changes to a request for quotation shall be granted only if such proposed changes:(1) Are specifically allowed, and to the extent and at such time as specifically allowed, in the requirements or specifications of the particular bid; and(2) Meet the criteria of (b) (3) above.(d) If a bidder has altered, modified, deleted, or taken exception to the preprinted contents of a document utilized to submit the bid, quotation, or proposal, or to any of the requirements or specifications of a bid, quotation, or proposal without utilizing the procedures of (b) or (c) above, the bidder may, in writing, withdraw the alteration, deletion, modification, or exception in full: (1) In the case of an RFP or RFB, within 5 business days of the opening of bids or proposals, or, after that time, within 3 business days of notification of the nonconformity by the division; or(2) In the case of an RFQ, immediately upon notice of the nonconformity by the division.(e) Nothing in this section shall be construed to imply an ability on the part of the bidder to withdraw a bid, quotation, or proposal after the date and time for submission of bids, quotations, or proposals, except as specified in Adm 606.07.N.H. Admin. Code § Adm 604.03
#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).