N.H. Rev. Stat. § 21-I:11

Current through Chapter 381 of the 2024 Legislative Session

Section 21-I:11 - Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property

I.The procurement and support services, public works design and construction, and plant and property functions of the department shall be divided across the following divisions:

(a) The division of procurement and support services, which shall be under the supervision of an unclassified director of procurement and support services who shall be responsible for the following functions, in accordance with applicable law:

(1) Purchasing all materials, equipment, supplies, and services for all departments and agencies of the state including contracting for the purchase or rental of data processing equipment and contracting for the purchase of electric power supply and services, except as otherwise provided by law. Insofar as practicable all such purchases shall be made in such quantities and manner as shall be most economical for the state.

(2) Requiring competitive bidding before making any purchase for the state pursuant to the laws of the state applicable to the division's procurement functions, except:

(A) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than $10,000 or is a purchase in an approved class.

(B) When after reasonable investigation, it appears that any required unit or item of supply, or brand of such unit or item, is procurable by the state from only one source.

(C) When, after reasonable investigation, it appears that any required service, unit or item of supply, or brand of such unit or item, has a fixed market price at all sources available to the state.

(D) When, in the opinion of the governor, an emergency exists of a nature which requires the immediate procurement of supplies, he or she may authorize the director of procurement and support services to make a purchase without competitive bidding; and where the rates filed with and approved by the insurance commissioner are uniform, the purchase of state insurance and public state official and employee bonds are specifically excluded from competitive bidding as to price; provided, however, that nothing contained in this subparagraph shall preclude the director of procurement and support services from inviting plans of insurance coverage from any resident licensed insurance agent.

(3) Except where competitive bidding has been employed, no purchase involving an expenditure of more than $10,000 or purchase in an approved class may be made by the director of procurement and support services without the written approval of the commissioner. In requesting such approval, the director shall first state in writing his or her reasons for not employing competitive bidding.

(4) Promptly furnishing to any agency and to the comptroller, a copy of any purchase order executed by him or her for supplies for the said agency.

(5) Maintaining a central inventory record of all state owned real property, physical plant and equipment, which record shall be made available to the comptroller to assist him or her in complying with accounting principles. In order to compile this record the director shall:

(A) Advise each state agency how to establish and maintain a perpetual inventory record system for real property whether rented or owned, physical plant, and equipment; and

(B) Require each state agency to report annually, in such form as prescribed by the director, an inventory of the real property whether rented or owned, physical plant, and equipment under its jurisdiction. The form of such report shall not be considered a rule subject to the provisions of RSA 541-A.

(6) Recommending to the commissioner fair and equitable charges to be assessed according to rules adopted pursuant to RSA 21-I:14, XI, against any recipients receiving any donated surpluses from the bureau of purchase and property's surplus distribution section which shall:

(A) Be sufficiently high to defray all administrative, warehousing, processing, distribution, and transportation costs incurred by the surplus distribution section and to allow the accumulation of a working capital reserve equal to the cost of 6 months' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and

(B) Be maintained by the treasurer in one of 2 separate, restricted funds:

(i) The surplus distribution section administrative assessments fund, into which shall be deposited funds received by the department by virtue of the disposition of surplus property; and

(ii) The federal surplus food fund, into which shall be deposited funds received by the department by virtue of the disposition of federal surplus food.

(7) Providing the text of any rule adopted pursuant to RSA 21-I:14, XI, to each recipient of donated commodities or surpluses distributed by the bureau of purchase and property's surplus distribution section.

(8) Requiring, prior to an agency's submission of a request for purchase of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000, that the agency obtain approval of the proposal by the chief information officer, or designee, to ensure that the procurement is consistent with the state information technology plan.

(9) [Repealed by 2015 amendment.]

(10) Supervising the activities and functions of the bureau of purchase and property under RSA 21-I:12, I(a).

(11) Supervising the department's activities and functions under RSA 21-I:12, I(b).

(12) Supervising the activities and functions of the bureau of graphic services under RSA 21-I:12, I (c), (d) and (e).

(b) The division of public works design and construction shall be responsible for the functions set forth in RSA 21-I:12, III.

(c) The division of plant and property, which shall be under the supervision of an unclassified director of plant and property who shall be qualified to hold that position by reason of education and experience and shall perform such duties as the commissioner from time to time may authorize. The director of plant and property shall be responsible for the following functions, in accordance with applicable law:

(1) Subject to the direction and supervision of the commissioner of administrative services, acting as custodian of the state house, legislative office building, state house annex, state library, and, with the exception of interior maintenance of the acute psychiatric services building and all transitional housing buildings including the Howard recreation building, all state-owned buildings located on the campus of the New Hampshire hospital as described in RSA 4:39-a, as well as the grounds connected with each of the foregoing properties, and have charge of all matters relating to the care, maintenance, and repair of said property.

(2) Providing the American Legion Department of New Hampshire, a private nonprofit organization, office space, free of charge, in the state-owned building located at 25 Capitol Street in Concord, New Hampshire or another state-owned building located in Concord.

(3) Having custody of all state-owned or rented real property not specifically charged to some other department and all personal property not specifically charged to some other department.

(4) Supervising the planning and management functions of the department under RSA 21-I:12, II(a).

(5) Supervising the general services functions of the department under RSA 21-I:12, II(b).

(6) Supervising the functions of the department related to court facilities under RSA 21-I:12, II(c).

(7) Supervising the department's activities and functions relating to energy management.

(8) Supervising the department's support of facilities of the department of health and human services.

II.With reference to the division of procurement and support services and the rulemaking authority of the commissioner in this area, the following definitions shall apply:

(a) "Supplies" shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature, including computer hardware, software, related licenses, media, and documentation, and support and maintenance services, excluding any systems that collect or store data off-site.

(b) "Agency" shall mean any board, department, commission, hospital, sanitarium, home, library, school, college, prison, or other institution conducted or operated by or for the state of New Hampshire.

(c) "Purchase" shall mean all contracts for the purchase of supplies or services, as well as the act of purchasing.

(d) "Emergency" shall mean any situation requiring the immediate purchase of supplies arising from any unavoidable casualty or disaster.

(e) "Governing board" shall mean the board, commission, board of trustees, department head or other administrative body responsible for the conduct of any agency.

(f) "Services" shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, recycled materials pickup, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. "Services" shall not mean services provided solely to one agency.

(g) "Structural steel" shall mean a product consisting of the elements of the structural frame that are shown and sized in the structural design documents, essential to support the design loads as defined in the latest edition of the American Institute of Steel Construction (AISC) code of standard practice for steel buildings and bridges 303-16.

(h) "Domestic fabricated structural steel" shall mean an iron or steel product where all manufacturing must take place in the United States, from the initial melting stage, through fabrication, and application of coatings, except metallurgical processes involving the refinement of steel additives. The miscellaneous steel or iron components, subcomponents, and hardware necessary to encase, assemble, and construct such components, including, but not limited to, cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, and door hinges, shall not be subject to the United States manufacturing requirement of this definition.

(i) "Permanently incorporated product" shall mean a product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated and shall not mean a product that is capable of being moved from one location to another.

(j) "Fabrication" shall mean all manufacturing of iron or steel products, from the initial melting stage, through fabrication and application of coatings, except metallurgical processes involving the refinement of steel additives.

III.

(a) Notwithstanding any law to the contrary relating to procurement and to the extent permitted by federal law, any contract for construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works with the state as a party shall contain a provision that iron or steel fabricated in the United States shall be used for the permanently incorporated iron, structural steel, and fabricated structural steel used or supplied in the performance of the contract or any subcontract. The provision shall only be required if $1,000,000 or more of state funds are used in the contract.

(b) Departments and agencies of this state affected by subparagraph (a) shall identify what steel products need Buy America certification in the contract documents.

(c) Departments and agencies of this state affected by subparagraph (a) may request a waiver from the department of administrative services, which shall provide an opportunity for public hearing and comment at least 30 days before finalizing a waiver, in the same manner as described in RSA 541-A:11. The department of administrative services may grant a waiver upon finding that:

(1) Application of the project would be inconsistent with the public interest;

(2) The product is not produced or fabricated in the United States and that it would be in the public interest to provide a waiver; or

(3) The item for which a waiver is being requested is not produced and fabricated in the United States in sufficient and reasonably available quantities and of satisfactory quality.

(d) A request for waiver under subparagraph (c) shall include facts and justification to support the granting of the waiver. The response to a request shall be in writing and made available to the public upon request. In granting a waiver, the department of administrative services shall consider all appropriate factors including, but not limited to, any cost, administrative burden, and delay that would be imposed if the provision were not waived.

(e) If a court or federal or state agency has determined that any person intentionally affixed a "Made in America" label to structural steel under this paragraph that was not made in the United States or otherwise falsely represented that structural steel under this paragraph was produced in the United States, the department of administrative services shall withhold contract payment until the structural steel can be replaced, or the noncompliance of this paragraph is otherwise remedied. Failure to comply with and/or produce a satisfactory remedy to the state may result in debarment proceedings under RSA 21-I:11-c, III.

(f) If any provision of this paragraph or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or application which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this paragraph are severable.

RSA 21-I:11

Amended by 2023, 222:3, eff. 8/4/2023.

Amended by 2023, 222:2, eff. 8/4/2023.

Amended by 2023, 222:1, eff. 8/4/2023.

Amended by 2022 , 281: 87, eff. 1/1/2023.

Amended by 2022 , 281: 86, eff. 1/1/2023.

Amended by 2021 , 202: §§III-10, III-7 eff. 7/1/2021.

Amended by 2021 , 91: 3, eff. 7/1/2021.

Amended by 2019 , 346: 5, eff. 6/23/2021.

Amended by 2019 , 346: 4, §37 eff. 7/1/2019.

Amended by 2015 , 276: 32, eff. 7/1/2015.

Repealed and reenacted by 2014 , 327: 6, eff. 8/2/2014.

Amended by 2013 , 227: 1, eff. 9/13/2013.

Amended by 2013 , 49: 1, eff. 8/3/2013.

Amended by 2012 , 192: §§3, 4, §§5, 6 eff. 7/1/2012.

1983, 416:40; 469:130, 131. 1985, 4:4; 188:4; 399:16-18. 1986, 77:1-3. 1988, 227:18. 1990, 247:2. 1991, 346:6. 1995, 9:13, eff. June 11, 1995. 1996, 57:3, eff. June 23, 1996; 79:2, eff. July 12, 1996. 2003, 223:19, eff. July 1, 2003. 2005, 291:6, eff. July 25, 2005. 2007, 263:1. eff. July 1, 2007. 2008, 69:1, 2, eff. July 20, 2008; 85:1, eff. Jan. 1, 2009; 359:3, 9, II, eff. Sept. 9, 2008.