N.H. Admin. Code § Adm 606.07

Current through Register No. 50, December 12, 2024

Section Adm 606.07 - Withdrawal of Bids and Other Offers

(a) If a bid, proposal, quotation, or any other offer to provide commodities or services to the state of New Hampshire contains a material mistake, or if withdrawal is allowed under the requirements or specifications of the bid or any other requirement established by the division, the vendor making the bid, quotation, proposal, or other offer may, no later than the close of business on the fifth business day after the date of the opening of the bid, quotation, proposal, or other offer, or such other date, if any, specified by the division, request that the bid, proposal, quotation, or other offer be withdrawn.

(b) A request under (a) above shall:

(1) Be in writing; and

(2) Contain a narrative setting forth:

a. The nature of the mistake or, if applicable, identification of the requirement or specification of the bid that allows withdrawal;

b. The reason that the withdrawal is requested;

c. Why the mistake is material, or the reasons for concluding that withdrawal is allowed under the requirements or specifications of the bid or other requirements relative to the purchase established by the division; and

d. The reasons, if any, that the mistake occurred despite the vendor's use of care in the making of the bid, quotation, proposal, or other offer.

(c) The director or the director's designee shall, within 5 days of the submission of a request for withdrawal, grant a request for the withdrawal of a bid, quotation, proposal, or other offer if the director or the director's designee concludes either that:

(1) The mistake is material and allowance of withdrawal either:

a. Would advance the purposes of RSA 21-I;

b. Is required in the interests of the integrity of the process; or

c. Would be in the best interests of the state, by avoiding the potential that commodities or services of an unacceptable quality or delivery will be provided by the vendor, or otherwise; or

(2) The withdrawal is allowed under the requirements or specifications of the bid.

(d) The burden shall be on the vendor to demonstrate to the director in its written submission that withdrawal should be allowed.

(e) Permission to withdraw a bid, quotation, or proposal shall not be required if the withdrawal is made prior to the date and time established for the submission of bids, quotations, or proposals.

(f) Withdrawal of one bid, quotation, or proposal prior to the date and time established for the submission of bids, quotations, or proposals shall not preclude a bidder from submitting another bid, quotation, or proposal prior to the date and time established for the submission of the same.

(g) Bids, quotations, or proposals shall not be withdrawn by a bidder after the date and time established for the submission of the bid, quotation, or proposal except to the extent allowed under (a) through (c) above.

N.H. Admin. Code § Adm 606.07

#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).