HB 1112-FN - AS INTRODUCED
2022 SESSION
22-2661
12/10
HOUSE BILL 1112-FN
AN ACT relative to competitive bidding in counties.
SPONSORS: Rep. Gilman, Rock. 18
COMMITTEE: Municipal and County Government
-----------------------------------------------------------------
ANALYSIS
This bill establishes a procedure for competitive bidding for purchases made by any county in the state.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2661
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to competitive bidding in counties.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Competitive Bidding on Purchases. RSA 28:8 is repealed and reenacted to read as follows:
28:8 Competitive Bidding on Purchases. The procedures for competitive bidding in all counties shall be as follows:
I. All purchases made by the 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.
II. In determining "lowest responsible bidder,'' in addition to price, the following shall be considered:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(g) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
(i) The number and scope of conditions attached to the bid.
III. 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.
IV. 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.
V. If the cost of the service is fixed by law, competitive bidding shall not be required.
VI. 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.
VII. 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.
VIII. No agreement or contract entered into by the county shall include an automatic renewal clause.
IX. 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.
X. 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.
XI. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
2 Repeals. The following are repealed:
I. RSA 28:8-e, relative to competitive bidding in Hillsborough county.
II. RSA 28:8-f, relative to competitive bidding in Rockingham county.
3 Effective Date. This act shall take effect 60 days after its passage.
22-2661
10/26/21
HB 1112-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to competitive bidding in counties.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
COUNTY: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
|
|
|
|
|
METHODOLOGY:
This bill establishes a competitive bidding process on purchases exceeding $5,000 in all counties as well as establishes a misdemeanor for any person who violates the provisions of the bill. This bill may increase state and county expenditures by an indeterminable amount in FY 2023 and each year thereafter.
This bill contains penalties that may have an impact on the New Hampshire judicial. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Council | FY 2022 | FY 2023 |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake to new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | ||
This bill contains penalties that will have an indeterminable impact on the Judicial Branch system. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation. The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity. A new case study is being conducted and updated estimates will be available in the future.
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosectorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch and Judicial Council
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2022 | House | Hearing |
| Jan. 24, 2022 | House | Exec Session |
| House | Floor Vote |
March 20, 2022: Inexpedient to Legislate: MA DV 175-163 03/17/2022 HJ 8
Feb. 9, 2022: Minority Committee Report: Ought to Pass
Feb. 9, 2022: Majority Committee Report: Inexpedient to Legislate (Vote 10-9; RC)
Jan. 24, 2022: Executive Session: 01/24/2022 10:00 a.m. LOB301-303
Jan. 13, 2022: Public Hearing: 01/13/2022 10:00 a.m. LOB301-303
: To Be Introduced and referred to Municipal and County Government
Nov. 16, 2021: Introduced 01/05/2022 and referred to Municipal and County Government