Section Adm 604.04 - Disqualification - Nonconformities Not Subject to Correction and Cure A bid, quotation, or proposal shall not be qualified if:
(a) The bid, quotation, or proposal is not filed by the date and time specified in the requirements or specifications of the bid, or, in the case of inclement weather, any extended period allowed under Adm 604.02 (d);(b) Except to the extent changes have been allowed pursuant to Adm 604.03, the bid, quotation, or proposal is not submitted in a writing including all sheets, sides, or pages of the form described in Adm 604.08 and Adm 604.09, as specified by the division, which contain information provided by the bidder, or such other, alternate form specified in the requirements of the bid, together with all sheets, sides, or pages of any addenda or attachments thereto which contain information provided by the bidder;(c) The vendor, or any of its subsidiaries, affiliates, or principal officers, has, within the 2 years prior to the bid, quotation, or proposal, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(d) The vendor, or any of its subsidiaries, affiliates, or principal officers, provided false, deceptive, or fraudulent information on a vendor code application form described in Adm 603.02, or on any other document at any time submitted to the state of New Hampshire, which information has not, as of the time of the filing of the bid, quotation, or proposal, been corrected and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(e) If the bid, quotation, or proposal involves federal funds, the vendor does not meet any requirement or criteria imposed by the federal government relative to those funds and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(f) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, subject to any order of the New Hampshire department of labor, the New Hampshire department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws that the department, agency, board, or commission is charged with implementing and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(g) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, subject to any sanction or penalty finally issued by the New Hampshire department of labor, the New Hampshire department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(h) The vendor includes in the bid, quotation, or proposal the amount of any state or federal tax from which the state is exempt under federal or state law;(i) Monetary figures contained in the bid, proposal, or quotation are not expressed in United States dollars;(j) The bid, quotation, or proposal purports to be transferable;(k) The person or association submitting a bid, quotation, or proposal is not the person or association that will be providing commodities or services to the state under the bid, quotation, or proposal;(l) The vendor submitting a bid, quotation, or proposal is not the vendor that will be held responsible for complying with the terms and conditions of any contract entered into with the state;(m) The bid, quotation, or proposal is not legible;(n) The bid, quotation, or proposal is not written in English;(o) Unless otherwise specified by the requirements or specifications of the bid, or unless otherwise agreed to by the division, the general conditions for bidding, the terms and conditions of any contract or proposed contract, the content of the applicable form described at Adm 604.08 and Adm 604.09, or such alternate form specified in the requirements of the bid, or the terms, conditions or any other requirement or specification of the bid, quotation, or proposal, including those relating to quantity and delivery, is changed by the bidder except by utilizing the procedures set forth at Adm 604.03, and provided that alterations, modifications, deletions, or exceptions may be withdrawn to the extent allowed under 604.03 (d) and 606.01 (k);(p) Sample or demonstration units are offered by the bidder to the state as new commodities;(q) Contrary to Adm 604.02 (v), the bidder makes a change to price or other matter that the bidder is required to specify in a bid, quotation, or proposal;(r) The vendor, or any of its subsidiaries, affiliates, or principal officers, is, at the time of the filing of the bid, quotation, or proposal, prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(s) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, debarred from performing work on any project of any state other than the state of New Hampshire, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase, or the vendor, or any of its subsidiaries, affiliates, or principal officers is, at the time of the filing of the bid, quotation, or proposal, debarred from performing work on any project of the federal government or the state of New Hampshire;(t) The vendor or any of its subsidiaries, affiliates, or principal officers has, within the 2 years prior to the filing of the bid, quotation, or proposal, failed to cure a default on any contract with the federal government or the government of any state, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(u) The vendor, or any of its subsidiaries, affiliates, or principal officers is, at the time of the filing of the bid, quotation, or proposal, serving a sentence or subject to a continuing or unfulfilled penalty for any crime or violation noted in RSA 21-I:11-c, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(v) The bidder has, as of the time of the filing of the bid, quotation, or proposal, failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in RSA 21-I:11-c, or of any debarment, within 30 days of such conviction, plea, finding or debarment, if the bidder possessed a vendor code number at the time of such conviction, plea, finding, or debarment, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;(w) The vendor, or any of its subsidiaries, affiliates, or principal officers has been placed on the debarred parties list specified in RSA 21-I:11-c, II within the past year;(x) The bidder's submission described in Adm 604.08 (d) below is false, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase; or(y) The bidder fails to submit a sealed bid if, and as, sealed bids are specified.N.H. Admin. Code § Adm 604.04
#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13
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).