HB 1585-FN - AS INTRODUCED
2016 SESSION
\t16-2191
\t10/04
HOUSE BILL\t1585-FN
AN ACT\trelative to competitive bidding in Carroll county.
SPONSORS:\tRep. Cordelli, Carr. 4; Rep. S. Schmidt, Carr. 6; Rep. McConkey, Carr. 3; Rep. Avellani, Carr. 5; Rep. Comeau, Carr. 5; Rep. Wright, Carr. 8; Rep. Buco, Carr. 2; Rep. F. McCarthy, Carr. 2
COMMITTEE:\tMunicipal and County Government
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ANALYSIS
\tThis bill establishes a procedure for competitive bidding for purchases made by Carroll county.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2191
\t10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to competitive bidding in Carroll county.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Counties; Competitive Bidding; Carroll County. Amend RSA 28 by inserting after section 8-f the following new section:
\t28:8-g Competitive Bidding; Carroll County. Notwithstanding RSA 28:8, the procedures for competitive bidding in Carroll county shall be as follows:
\t\tI. All purchases made by Carroll county for materials, equipment, supplies, services, insurance, building repairs or any other item, in an amount exceeding $5,000 shall be by competitive bidding. Awards for such purchases shall be made to the lowest responsible bidder. Orders for purchases to be delivered at different times where the single delivery may be less than $5,000, but the total order exceeds that amount shall be construed as coming within the provisions of this section requiring competitive bidding.
\t\tII. In determining "lowest responsible bidder,'' in addition to price, the following shall be considered:
\t\t\t(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
\t\t\t(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
\t\t\t(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
\t\t\t(d) The quality of performance of previous contracts or services;
\t\t\t(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
\t\t\t(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
\t\t\t(g) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
\t\t\t(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
\t\t\t(i) The number and scope of conditions attached to the bid.
\t\tIII. If the award for a purchase is made to other than the lowest bidder, a unanimous vote of the county commissioners is required. The reason for such an award shall be recorded, provided to the executive committee for review, and made available to the public.
\t\tIV. All bids in an amount exceeding $5,000 sought pursuant to this section shall be subject to review by the executive committee. Nothing in this chapter shall be construed to prevent the executive committee from establishing further guidelines and procedures to be followed in purchasing and bidding.
\t\tV. If the cost of the service is fixed by law, competitive bidding shall not be required.
\t\tVI. If the proposed purchase is manufactured by only one company as a sole source, or if it is deemed advisable to make a purchase from a specific company to reduce costs of maintaining additional parts, the county commissioners, at the request of the department concerned, may waive competitive bidding procedures, subject to review of this decision by the executive committee.
\t\tVII. Competitive bidding shall not be required if items can be procured through the state of New Hampshire, department of administrative services, division of procurement and support services either by direct purchase or from the state supplier at the state price or other government price, as provided to the executive committee for its review.
\t\tVIII. No agreement or contract entered into by the county shall include an automatic renewal clause.
\t\tIX. Competitive bidding shall be interpreted to include guaranteed annual cost purchasing whenever applicable whenever this factor is considered to be of value in obtaining the lowest possible annual cost for the department, insofar as this is in agreement with the line item budget appropriation established in the county budget.
\t\tX. In case of an emergency which requires immediate purchase of supplies or contractual services, the department concerned may secure by open market procedure, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. A full report of the circumstances of the emergency purchase shall be filed with the county commissioners and with the executive committee and shall be open to public inspection.
\t\tXI. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2191
\t\t\t\t\t\t\t\t\t\t\t12/3/15
HB 1585-FN- FISCAL NOTE
AN ACT\trelative to competitive bidding in Carroll county.
FISCAL IMPACT:
The New Hampshire Association of Counties and Judicial Branch state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The New Hampshire Association of Counties states this bill establishes a procedure for competitive bidding for purchases made by Carroll County in excess of $5,000. The New Hampshire Association of Counties states this bill may result in additional staff time and expenses related to producing documentation and advertising. There may also be additional expenses for paying legislators to attend meetings resulting from this bill.
The Judicial Branch states this bill makes it an unspecified misdemeanor for any person to violate any of the provisions in the proposed RSA 28:8-g section included in this bill. An unspecified misdemeanor can be either class A or B, with the presumption being a class B misdemeanor. There is no method to determine how many charges would be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with the penalties included in this bill:
| FY 2017 | FY 2018 |
Judicial Branch* |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Appeals | Varies | Varies |
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
The Judicial Council and Department of Justice state this bill will have no fiscal impact on their operations.