N.H. Admin. Code § Tra 401.03

Current through Register No. 50, December 12, 2024
Section Tra 401.03 - Definitions
(a) "Bidding crime" means any act prohibited by state or federal law and committed in any jurisdiction, involving fraud, conspiracy, collusion, lying or material misrepresentation with respect to bidding on any contract, public or private.
(b) "Commissioner" means the commissioner of the New Hampshire department of transportation, or his or her authorized agent.
(c) "Contract" means a written agreement between the state and a contractor setting forth the obligations of the parties under the contract, including, but not limited to, the performance of the work and the basis of payment, and any supplemental documents identified in the contract or incorporated into the agreement.
(d) "Contractor" means an individual, partnership, limited liability company, association, corporation, subsidiary, or joint stock company that performs contracting services, and its members, managers, officers, shareholders, representatives, trustees, or receivers appointed by any court of competent jurisdiction.
(e) "Debar" means to preclude, revoke, or limit bidding privileges for a specified period of time.
(f) "Department" means the New Hampshire department of transportation.
(g) "Prequalification committee" means a committee from within the department consisting of the prequalification administrator and 5 members of the engineering staff as designated by the commissioner.
(h) "Principal individual" means anyone who possesses sufficient legal authority within a contractor to bind the organization contractually.
(i) "Prime contractor" means a contractor who enters into a contract with the state for performance of work prescribed by the contract.
(j) "Public interest" means protecting the health and safety of the citizens, curtailing negative financial impact to the state, assisting in investigations, or promoting competitive bidding.
(k) "Subcontractor" means an individual, partnership, limited liability company, association, corporation, subsidiary, or joint stock company that performs contracting services, and its members, managers, officers, shareholders, representatives, trustees, or receivers appointed by any court of competent jurisdiction to whom the prime contractor sublets any portion of the contracted work.

N.H. Admin. Code § Tra 401.03

#4175, eff 12-1-86; EXPIRED: 12-1-92

New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99

New. #7176, eff 12-23-99; EXPIRED: 12-23-07

New. #9452, eff 4-8-09

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12400, Effective 10/4/2017, Expires 10/4/2027.