CHAPTER 50
SB 138 - FINAL VERSION
2017 SESSION
17-0825
05/10
SENATE BILL 138
AN ACT relative to state procurement of goods and services.
SPONSORS: Sen. Carson, Dist 14; Sen. Innis, Dist 24; Sen. Soucy, Dist 18; Rep. Danielson, Hills. 7; Rep. Hansen, Hills. 22; Rep. Sytek, Rock. 8; Rep. Gagnon, Sull. 5
COMMITTEE: Executive Departments and Administration
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I. Provides that if an agency's negotiation of a state procurement contract has not been finalized 5 days prior to submission of the contract to the department of administrative services, the agency shall issue a statement that contract negotiations are ongoing and disclose additional information when the contract is finalized.
II. Clarifies that agencies can publicize the cancellation or termination of the contract.
III. Clarifies that grant applications are not subject to the requirements of RSA 21-G:37.
IV. Provides that the advisory committee on state procurement shall work with the department of justice to update state procurement procedures.
This bill is a request of the advisory committee on state procurement in RSA 21-I:14-d.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0825
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to state procurement of goods and services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
50:1 Financial Information Regarding Requests for Bids or Request for Proposals. Amend RSA 21-G:37, V and VI to read as follows:
V. The head of the issuing agency may waive the requirements of paragraphs II through IV in the event of an emergency situation or to prevent the loss of federal or other funds subject to recapture. Each agency shall adopt rules, pursuant to RSA 541-A, relative to circumstances constituting an emergency or loss of funding under this paragraph. In the event that contract negotiations have not concluded in the 5 business days prior to submission of the proposed contract to the department of administrative services, the head of the issuing agency may waive the requirements of subparagraphs III (a) and (c), provided that the agency:
(a) Posts a notification at least 5 days prior to the applicable department of administrative services deadline for governor and executive council submissions notifying the public that negotiations are ongoing and the anticipated date of the governor and executive council meeting where the contract will be reviewed; and
(b) Posts on its website the information required pursuant to subparagraphs III (a) and (c) upon the conclusion of contract negotiations.
VI.(a) When an agency cancels an RFB, RFP, RFA, or similar request for submission, terminates the selection process, or otherwise does not select a bidder, no information, other than a notification of the cancellation or termination, shall be available to the public or to the members of the general court or its staff concerning the RFB, RFP, RFA, or similar request for submission, notwithstanding the provisions of RSA 91-A:4, for a period of 2 years following the cancellation, termination, or other non-selection, subject to subparagraph (b).
(b) If, within 2 years following the cancellation, termination, or other non-selection, a new RFB, RFP, RFA, or similar request for submissions is issued, which the issuing agency determines is substantially related to the original RFB, RFP, RFA, or similar request for submission, information concerning the original bid or proposal shall, if requested and upon payment of any costs established pursuant to RSA 91-A:4, IV, be made available only after selection of a bidder on the new request for submission, but only to the extent that such information is not exempt from disclosure under RSA 91-A:5 or other law.
VII. Requests for grant applications or proposals shall not be subject to the requirements set forth in paragraphs I-V. Notwithstanding RSA 91-A:4, information relating to grant applications or proposals shall remain confidential until the grant contract is approved by the governor and executive council, or, if the grant contract does not require approval from the governor and executive council, until the effective date of the grant contract as determined by the issuing agency.
50:2 Advisory Committee on State Procurement. Amend RSA 21-I:14-d, III to read as follows:
III. The committee shall work with the department of administrative services and department of justice to update state procurement procedures. The committee shall meet at least annually and on an as-needed basis to address procurement issues identified by the committee.
50:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 12, 2017
Effective Date: July 11, 2017
| Date | Body | Type |
|---|---|---|
| Feb. 15, 2017 | Senate | Hearing |
| Feb. 23, 2017 | Senate | Floor Vote |
| April 4, 2017 | House | Hearing |
| April 4, 2017 | House | Exec Session |
| April 20, 2017 | House | Floor Vote |
July 11, 2017: Signed by the Governor on 05/12/2017; Chapter 0050; Effective 07/11/2017
April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16
April 20, 2017: Enrolled 04/20/2017 HJ 14 P. 26
April 20, 2017: Ought to Pass: MA VV 04/20/2017 HJ 14 P. 3
April 20, 2017: Committee Report: Ought to Pass for 04/20/2017 (Vote 14-0; CC) HC 20 P. 5
April 4, 2017: Executive Session: 04/04/2017 LOB 306
April 4, 2017: ==RESCHEDULED== Public Hearing: 04/04/2017 10:00 AM LOB 306
April 5, 2017: ==CANCELLED== Public Hearing: 04/05/2017 02:30 PM LOB 306
Feb. 16, 2017: Introduced 02/16/2017 and referred to Executive Departments and Administration HJ 8 P. 45
Feb. 23, 2017: Ought to Pass: MA, VV; OT3rdg; 02/23/2017; SJ 7
Feb. 23, 2017: Committee Report: Ought to Pass, 02/23/2017; Vote 5-0; CC; SC 11
Feb. 15, 2017: Hearing: 02/15/2017, Room 101, LOB, 09:30 am; SC 10
Jan. 19, 2017: Introduced 01/19/2017 and Referred to Executive Departments and Administration; SJ 5