Section Adm 607.02 - Brand Justification Requests(a) In cases in which an agency wishes to acquire a specific brand, make, or model of product, wishes to engage the services of a particular provider, or wishes to obtain a commodity made by a particular manufacturer for purchases valued at a total price of over $1,000 the agency shall:(1) State in the requisition the names and addresses of suggested vendors that have furnished the agency with information about the commodity or service; and(2) Submit to the division a brand justification request.(b) A brand justification request under (a)(2) above shall be submitted by the agency together with the requisition through NH First and include:(1) An explanation of why the specific brand, make, or model of product, the services of a particular provider, or the commodity of a particular manufacturer is requested; and(2) An explanation of why other brands, makes, models, providers, or manufacturers would not be acceptable.(c) The division shall grant the agency's brand justification request if it concludes that the specified brand, make, or model of product, the services of a particular provider, or the commodity of a particular manufacturer either: (1) Is required for the agency making the request to fulfill its mission;(2) Is required in order to preserve the health or safety of agency personnel or other persons; or(3) Is necessary in view of the agency's or state's possession of existing equipment or other commodities which would be rendered non-functional if a brand, make, or model of product other than that specified were acquired.(d) Neither the existence of an established relationship between a vendor and an agency, nor an agency's possession of commodities of a particular make, model, or brand, shall, standing alone, be sufficient grounds to grant a brand justification request.N.H. Admin. Code § Adm 607.02
#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 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).