SB 86 – AS INTRODUCED
2015 SESSION
08/01
SENATE BILL 86
AN ACT relative to state procurement of goods and services.
SPONSORS: Sen. Carson, Dist 14; Sen. Forrester, Dist 2; Sen. Boutin, Dist 16; Rep. C. McGuire, Merr 29; Rep. P. Schmidt, Straf 19; Rep. Danielson, Hills 7
COMMITTEE: Executive Departments and Administration
This bill specifies the information related to state procurement of goods and services which shall be available to the public.
This bill also includes ethical guidelines for relationships between vendors and agency members.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0909
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to state procurement of goods and services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Requests for Financial Information Regarding Requests for Bids or Requests for Proposals. Amend RSA 21-G by inserting after section 35 the following new subdivision:
Financial Information Regarding Requests for Bids and Proposals
21-G:36 Financial Information Regarding Requests for Bids or Requests for Proposals.
I. Notwithstanding RSA 91-A:4, no information shall be available to the public, or the members of the general court or its staff concerning specific requests for bids (RFBs) or requests for proposals (RFPs) made by any state agency from the time the request is made public until the closing date of the bid or proposal.
II. On or after the closing date of the bid or proposal, the agency shall hold a public bid opening at which only the following information shall be publicly disclosed:
(a) In the case of an RFB, the name of the bidders which have submitted timely bids and the price offered in response to the RFB.
(b) In the case of an RFP, the name of the persons or entities that have submitted timely proposals in response to the RFP.
III. Notwithstanding RSA 91-A:4, no information other than that specified in paragraph II shall be available to the public or the members of the general court or its staff concerning specific RFBs or RFPs made by any state agency from the time of the public bid opening until the time of the selection of the person or entity that has been preliminarily identified by the agency as having, subject to final review, submitted the lowest qualified RFB, or as having, subject to final review and scoring, submitted the RFP most likely to be accepted, which person or entity shall be known as the “apparent low bidder.” Upon selection of the apparent low bidder, the following information shall be publicly available, if requested, upon payment of any costs established pursuant to RSA 91-A: 4, IV, but only to the extent that such information is not exempt from disclosure under RSA 91-A: 5 or other law:
(a) The name of each bidder and price offered by each bidder in response to the RFB or RFP;
(b) Each response to the RFB or RFP, with any attachments or appendices;
(c) The final rating, ranking or scoring of any bid or proposal by any person or committee charged with the selection of the winning bid or proposal;
IV. The agency may elect to post the non-confidential information listed in paragraph III on a state website.
V. Each agency which issues RFBs or RFPs shall, following consultation with the department of justice and department of administrative services, adopt rules under RSA 541-A establishing procedures by which bidders or others may contest the selection of a winning bid or proposal prior to the time that any contract associated with the bid or proposal is presented to the governor and executive council or other responsible party for approval.
VI. When a state agency issues a request for bid or request for proposal but cancels the request, terminates the selection process, or otherwise does not select an apparent low bidder, no information shall be available to the public or the members of the general court or its staff concerning the RFB or RFP, notwithstanding the provisions of RSA 91-A:4, for a period of 2 years from the time of the issuance of the request, subject to the following:
(a) If, after the cancellation, termination or other non-selection, a new bid or proposal is issued within the 2 year period which bid or proposal the department of justice determines is substantially related to the original bid or proposal, 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 the apparent low bidder on the second bid or proposal, but only to the extent that such information is not exempt from disclosure under RSA 91-A: 5 or other law.
(b) If no new bid or proposal which the department of justice determines is substantially related to the original bid or proposal is issued in the 2-year period, the agency shall, if requested and upon payment of any costs established pursuant to RSA 91-A: 4, IV, make information concerning the bid or proposal available only after the 2-year period has elapsed, and then only to the extent that such information is not exempt from disclosure under RSA 91-A: 5 or other law.
VII. Agencies may elect to post the non-confidential information listed in paragraph VI on a state website after the period when it becomes subject to review.
21-G:37 Ethics.
I. No fees, compensation, commissions, gifts, favors, entertainment or offers of employment shall be offered to or accepted by any state employee or commissioner or their immediate family members in any agency connected directly or indirectly with the purchase or acquisition of commodities or services.
II. The solicitation of any fee, compensation, gifts, favors, entertainment, or offers of employment by any state employee, commissioner or their immediate family members shall be reported in writing immediately to the attorney general.
III. No vendor shall, directly or indirectly, undertake any private business, commercial or entrepreneurial relationship with, whether or not pursuant to employment, contract or any other agreement, express or implied, or sell any interest in such vendor to any state employee or commissioner having any duties or responsibilities in connection with the purchase, acquisition or sale of any property or services by or to any state agency.
IV. No vendor shall influence, or attempt to influence or cause to be influenced any state employee or commissioner in his or her official capacity in any manner which may impair the objectivity or independence of judgment of such employee or commissioner.
V. No vendor shall cause or influence, or attempt to influence any state employee or commissioner to use, or attempt to use his or her official position to secure unwarranted privileges for the vendor or any other person.
VI. No vendor shall make political campaign contributions to any person in office or running for office while the vendor is attempting to engage in or in the application process of contracting with the state of New Hampshire for business purposes.
2 Cross Reference; Legislative Budget Assistant. Amend RSA 14:31,V to read as follows:
V. The commissioner of administrative services shall deliver to the legislative budget assistant the official financial information under the control of the commissioner as required by this section in a form unaltered from that which is finally reported in the integrated financial system. The approval of the governor, the speaker of the house of representatives, and the senate president shall be required for delivery of any other information, other than the official financial information required by this section. The right of access to information under this section shall not arise until after each transaction or event subject to RSA 91-A has taken place. Such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format at the end of each business day. The legislative budget assistant shall be subject to the provisions of [RSA 21-I:13-a, II] RSA 21-G:36. This paragraph shall not be construed as granting the legislative budget assistant access to any information or any information system relative to the internal functions of the office of the governor or any executive agency, department, board, commission, or institution through the integrated financial system.
3 Repeal. RSA 21-I:13-a, II, relative to certain requests for financial information available to the public, is repealed.
4 Effective Date. This act shall take effect January 1, 2016.