Section Adm 602.01 - Definitions In addition to the definitions in RSA 21-I: 11, II, the following definitions shall have the following meanings in this chapter:
(a) "Activity code" means the number or letters and number assigned by the department of administrative services for the purpose of tracking in NH First, which identifies the subdivision of an agency that is making a request.(b) "Agency" means "agency" as defined in RSA 21-I: 11, II (b), to the extent not exempt or excluded from making purchases or other acquisitions through the division.(c) "Agency code" means the number or letters and number assigned by the department of administrative services to identify particular state agencies for the purposes of tracking in NH First.(d) "Apparent low bidder" means the vendor that has been identified by the division as having, subject to final review, apparently submitted the lowest qualified bid on an RFB or RFQ, or as having, subject to final review and scoring, apparently submitted the RFP most likely to be accepted.(e) "Appropriation code" means the number or letters and number assigned by the department of administrative services to a particular transaction for the purposes of tracking in NH First that consists of the company, accounting unit, account, and any sub account entry within that system.(f) "Association" means a corporation, partnership, limited partnership, trust, joint venture, unincorporated association, or other organization or legal entity of any type.(g) "Authorized signature" means the signature of a person who may, by operation of law, bind a vendor to a contract.(h) "Bidder" means a vendor that submits a timely response to a request for a bid, a request for quotation, or a request for proposal.(i) "Bidding" means a competitive process in which a person or association responds to an RFB, RFP, RFQ, or other competitive solicitation by which the state seeks commodities or services.(j) "Certified test result" means the result of a test certified as accurate by an independent authority specified by the division.(k) "Close of business" means 4:30 P.M.(l) "Commodities" means materials, supplies, equipment, or other tangible items.(m) "Commodity code" means the number or letters and number assigned to particular descriptions of commodities or services for the purposes of financial tracking in NH First.(n) "Contact person" means an individual at an agency who has been designated to answer questions from the division or vendor about a requisition and to serve as the agency's main contact regarding a requisition or other matter covered by these rules.(o) "Current price" means a conclusion as to price determined by an assessment of the price historically charged for a service or commodity, the price determined by the division to currently be charged by sellers of that service or commodity, and any other factors having a bearing upon the value of the service or commodity.(p) "Day" means a calendar day, unless otherwise specified.(q) "DBA name" means a name under which a vendor does business.(r) "Director" means, unless otherwise specified, the director of the division of procurement and support services.(s) "Division" means, unless otherwise specified, the division of procurement and support services.(t) "Extension price" means the unit price multiplied by the total number of units offered, requested, or bid upon.(u) "Field purchase order" means an authorization under RSA 21-I: 17-a, I from the director of procurement and support services to a governing board of any agency, which authorizes one or more individuals designated by the board to purchase supplies for the agency directly from vendors, provided that the total expenditure does not exceed $1,000.(v) "Free on board (FOB)" means a method of shipment whereby the seller agrees to assume all costs and expenses associated with delivery to the specified delivery location, including, but not limited to, the cost of any transportation and insurance, without charging the same to the buyer.(w) "Forfeited property" means any property, personal or real, lawfully seized by the state, including but not limited to seizures pursuant to RSA 595-A: 6.(x) "Fund code" means the number assigned by the department of administrative services to identify the source of funds for the purposes of tracking in NH First. The term includes designated company entry.(y) "Letter of authority" means a written document, or a copy thereof, signed by the clerk, secretary, or other authorized representative of an association indicating that, as of the time of the bid, proposal, or other offer, a specific, identified individual is authorized by the association to contractually bind the association and to submit bids, proposals, or other offers to the state.(z) "Material mistake" means an unintentional error that is determined by the division to be essential to the terms of a bid or other offer, without which mistake the bid or other offer would not have been made by the vendor.(aa) "NH First" means the statewide electronic integrated financial and enterprise planning system used by the state to track funds for the purposes of procurement, budgeting, financial accounting, financial reporting, and financial management.(ab) "Notice of contract" means a statement by the division announcing the specifics of a contract that has been awarded for commodities or services.(ac) "Organization code" means the number or letters and number assigned by the department of administrative services to identify a department, bureau, or other group within an agency for the purposes of tracking in NH First, together with the number, or letter and number, if any, which further identifies a specific unit within a department, bureau, or other group within the accounting unit of that system.(ad) "Other purchasing vendor" means a vendor that is selected or recommended by the division to provide commodities or services to the state of New Hampshire by a method other than competitive bidding under an RFP or RFB, and by a method other than an RFQ. The term includes sole source vendors selected or recommended by the division but does not include vendors used by agencies pursuant to a field purchase order or procurement card.(ae) "Pre-existing state contract" means an agreement with a vendor to provide, upon request by an agency, commodities or services on the basis of terms, conditions, and requirements established by the division.(af) "Prepay and add" means a method of delivery and payment in which ownership of the item is not transferred until delivery to a specified site and where shipping costs are to be paid for by the vendor, with the cost of shipping then added to the vendor's invoice for payment by an agency.(ag) "Preprinted" means stated on an electronic or hard-copy document prepared and made available by the division.(ah) "Purchasing agent" means a person within the division whose responsibility it is to engage in the procurement of commodities and services for the state of New Hampshire.(ai) "Request for bid (RFB)" means an invitation identified by the state as an RFB wherein vendors are invited to submit an offer to provide specified commodities or services to the state at a price proposed by the bidder.(aj) "Request for proposal (RFP)" means an invitation identified by the state as an RFP in which the criteria for selection, or recommendation for selection, are stated in conformity with RSA 21-I: 22-b wherein vendors are invited to submit an offer to provide commodities or services to the state in circumstances where the particulars of the commodity or service, as well as the price, are evaluated by the division.(ak) "Request for quotation (RFQ)" means an invitation identified by the state as an RFQ wherein vendors are invited to provide specified commodities or services to the state at a price proposed by the bidder.(al) "Requirements of a bid" means any term or condition of any request for bid, quotation or proposal, proposed agreement or contract, or procedural requirement, other than the specifications of a bid, relating to a particular purchase, bid, quotation, or proposal, specified by the state, including:(1) The general conditions and instructions relating to a bid, quotation, proposal, purchase, agreement, or proposed bid, contract, purchase, or agreement;(2) If the proposed agreement, or contract involves services, the general terms and conditions for services sought by the state;(3) The general terms and conditions applicable to bidding, to the submission of proposals or to the provision of commodities or services;(4) The terms of payment, terms of delivery, or time of performance relating to any purchase or proposed purchase by the state; and(5) Any provision other than the specifications of the bid relating to a request for bid, quotation, proposal, or to the provision of commodities or services to the state.(am) "Requisition means a request made by an agency when seeking the procurement of commodities or services through NH First.(an) "Revenue account code" means a specified numeric code, or letter and number code, assigned by the department of administrative services, for the purpose of tracking revenue received through NH First.(ap) "Safety data sheet (SDS)" means a writing approved by the United States Department of Health, occupational safety and health association that sets forth health and safety issues relative to a particular commodity.(aq) "Services" means "services" as defined in RSA 21-I: 11, II (f).(ar) "Signature" means, unless otherwise specified, a handwritten signature or an electronic signature as defined in RSA 294-E: 2, VIII.(as) "Sole source provider" means a provider of commodities or services to the state pursuant to RSA 21-I: 11, I (a) (2) (B).(at) "Specifications of a bid" means a statement set forth in an RFQ, an RFP, an RFB, or in any other way, that identifies or describes the details or particulars of a commodity or service that the state wishes to procure.(au) "Split delivery" means delivery of goods by a vendor in more than one shipment.(av) "Third-party certificate of product compliance" means a certification by an independent authority specified by the division stating that the product meets or exceeds product specifications identified in the requirements or specifications of the bid.(aw) "Unit price" means the price at which a person or association offers to provide a single item or service to the state.(ax) "Vendor" means an individual or other entity offering commodities or services for sale and seeking to provide such commodities or services to the state of New Hampshire.(ay) "Vendor code" means a unique identifier assigned to a particular vendor.(az) "Written" means, unless otherwise specified, printed by hand or provided by any other method of representing words and letters, including by way of NH First and other electronic means. N.H. Admin. Code § Adm 602.01
#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 Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10827, Effective 5/16/2015, Expires5/16/2025.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).