N.H. Admin. Code § Adm 604.06

Current through Register No. 50, December 12, 2024
Section Adm 604.06 - Review of Bids, Quotations, and Proposals, Including Correction and Cure
(a) Following the submission of a bid, quotation, or proposal, the division shall review timely bids, quotations, or proposals received for conformity with these rules and the requirements and specifications of the bid.
(b) Bids, quotations, or proposals that are not conforming because they have not been timely filed will not be considered by the division.
(c) In the case of an RFB, the division shall, in writing, notify apparent low bidders submitting timely bids that, on initial review, do not appear to conform to these rules and the requirements of the bid of:
(1) Nonconformities subject to correction and cure as specified in Adm 604.05;
(2) What, if any, additional or corrected information may be submitted to bring the bid into conformity; and
(3) The deadline by which such information must be received.
(d) In the case of an RFP, the division shall, in writing, notify vendors submitting timely proposals that, on initial review, do not appear to conform to these rules and the requirements of the bid of:
(1) Nonconformities that are subject to correction and cure as specified in Adm 604.05;
(2) What, if any, additional or corrected information may be submitted to bring the proposal into conformity; and
(3) The deadline by which such information must be received.
(e) If, by the deadline established under (c) or (d) above:
(1) The vendor notified submits materials or corrections that bring a bid or proposal into conformity with these rules and the requirements of the bid as specified, the division shall process the bid or proposal as if the bid or proposal had originally been in conformity therewith; or
(2) The vendor notified does not submit materials or corrections as specified that bring the bid or proposal into conformity with these rules and the requirements of the bid the division shall finally disqualify the bid or proposal and process the matter as if the bid or proposal had not been submitted.
(f) RFQs shall be handled in the manner set forth in (c) and (e) above, except that:
(1) Notification under (c) above shall be either oral or in writing; and
(2) Any submission to bring the quotation into conformity with these rules and the requirements of the bid shall be submitted immediately upon request.
(g) The division shall not consider any bid or proposal which is not in conformity with these rules and the requirements of the bid after the time specified in the notification under (c) or (d) above, nor shall it consider any quotation which is not brought into conformity immediately upon request.
(h) Bids, quotations, or proposals that are not in conformity with these rules or the requirements of the bid due to the absence of a required signature shall be corrected and cured as specified by Adm 604.07 below.
(i) Initial review of the conformity of bids, quotations, and proposals to the requirements and specifications of the bid and to these rules, and disqualification, shall, if not completed earlier, take place during the selection process described in Adm 606.01.
(j) Following the date and time established for the submission of bids, quotations, or proposals, a bidder shall not alter the material submitted except to the extent that:
(1) The bidder has been notified by the division of, and is responding to, the existence of a defect that is subject to cure;
(2) The change consists of the withdrawal of an alteration, modification, deletion, or exception allowed under Adm 604.03 (d) and Adm 606.01(i); or
(3) The change is the result of final offer negotiations under Adm 606.02.

N.H. Admin. Code § Adm 604.06

#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 (formerly Adm 605.05) (see Revision Note at chapter heading for Adm 600).