Section Adm 606.01 - Bidder Selection or Recommendation Procedure(a) Following an initial determination of qualifications of an RFB, RFQ, or RFP, the division shall determine:(1) Whether the bid, proposal, or quotation is in conformity with the specifications and requirements of the bid and applicable rules; and(2) If federal funding is involved in the award of the bid, proposal, or quotation, whether the bid, proposal, or quotation or the person or association submitting the bid, proposal, or quotation meets federal requirements and qualifications relative to the acquisition.(b) If a low bidder fails to meet required qualifications, then the division shall move to the next lowest bidder.(c) In the case of an RFB or RFQ, selection or recommendation of a prospective vendor shall, if the process is not cancelled by the state, be made of the qualified bidder meeting the requirements of (a) above whose bid or quotation meets the requirements of the bid and meets or exceeds specifications at the lowest price.(d) In the case of an RFP, selection or recommendation of a prospective vendor shall be made of the qualified bidder meeting the requirements of (a) above which has submitted a conforming RFP meeting or exceeding specifications and according to the criteria for selection set forth in the RFP.(e) If there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB, or RFQ, the unit price shall be binding upon the bidder.(f) When identical and qualified low bids, proposals, or quotations are received at the same price, selection or recommendation of a prospective vendor shall, be made pursuant to RSA 21-I: 11-b, II as follows:(1) If only one of the vendors offering that price has a principal place of business in New Hampshire, that vendor shall be selected or recommended for selection;(2) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that has a principal place of business in New Hampshire, selection or recommendation for selection shall be made by drawing lots from among those vendors with a principal place of business in New Hampshire; or(3) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that does not have a principal place of business in New Hampshire, by drawing lots among the vendors.(g) Notwithstanding the provisions of RSA 91-A: 4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to requests for bids, proposals, applications, or quotations or similar requests for submissions for the purpose of procuring goods or services or awarding contracts, except in accordance with RSA 21-G:37.(h) The successful bidder on an RFQ shall be notified by the division.(i) The alteration, modification, deletion, or exception by an apparent low bidder to the preprinted contents of the document utilized to submit the bid, quotation, or proposal, or to the requirements or specifications of the bid, quotation, or proposal without utilization of the procedures of Adm 604.03 shall not preclude the selection of that bidder as a vendor if the bidder withdraws the alteration, deletion, modification, or exception as specified in Adm 604.03 (d).N.H. Admin. Code § Adm 606.01
#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; 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).