Section Adm 604.05 - Disqualification - Nonconformities Subject to Correction and Cure A bid, quotation, or proposal submitted with the following nonconformities shall not be qualified unless the nonconformity is corrected and cured:
(a) The bid, quotation, or proposal is made by an association and is not accompanied by a letter of authority, if a letter of authority is requested in the requirements or specifications of the bid;(b) The bid, quotation, or proposal is made to the state by a person other than an individual identified in a letter of authority, if a letter of authority is requested in the requirements or specifications of the bid;(c) The quotation, bid or proposal is not signed in accordance with Adm 604.07;(d) The vendor is not, if required by law, registered with the New Hampshire secretary of 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;(e) The vendor is not, if registered with the New Hampshire secretary of state, in good standing with the office of the secretary of 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;(f) If the request for bid, quotation, or proposal requires the submission of samples, or if demonstration units are provided, the person or association fails to submit items free of charge or fails to deliver, install, remove, and properly dispose of any items free of charge;(g) The person signing the bid, quotation, or proposal is not authorized to bind the bidder to the bid, quotation, or proposal;(h) Any items appearing to be a correction to a price offered in a particular bid, quotation, or proposal are not, before filing, initialed by an authorized representative of the bidder;(i) If requested in the invitation for bid or proposal, the bidder does not supply the bureau of the division which issued the invitation for bid, quotation, or proposal, with certified test results, third-party certificates of product compliance, or the results of independent laboratory testing, or declines to pay the cost of such tests or certificates;(j) The bidder does not abide by, or agree to abide by, these rules or any of the requirements or specifications of the bid;(k) The bidder does not possess a vendor code;(l) The bidder fails to submit the statement required by RSA 21-I:11-c, I(b), described in Adm 604.08 (d) below; or(m) The bidder's submission is signed by a person who is not authorized by the bidder to do so, 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.N.H. Admin. Code § Adm 604.05
#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).