RSA 21-I:12 · Internal Organization of the Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property

21-I:12 Internal Organization of the Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property. –

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I.

The division of procurement and support services shall include the following internal organizational units and functions:

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(a)

A bureau of purchase and property under the supervision of a classified administrator of purchase and property who shall be responsible for the following functions, in accordance with applicable laws:

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(1)

Procurement of supplies, commodities, and services except as otherwise assigned to other bureaus or divisions of the department.

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(2)

Purchasing only heating oil that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such product is unavailable or is more costly than a 100 percent petroleum product, in which case such purchase shall be made at the discretion of the director of procurement and support services. The director, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use.

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(3)

Purchasing biodiesel fuel blends for the department of transportation in accordance with RSA 228:24-a, II.

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(4)

Maintaining and operating such central storage facilities as may be practical.

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(5)

Charging property and equipment to the using departments, as he or she shall deem advisable, and expressly specifying the responsibilities for maintenance of the same.

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(6)

Transferring unused supplies and equipment from one department or agency to another where needed and determining the value thereof; where such unused supplies and equipment cannot be so transferred, providing for disposal to the public by competitive bid whenever the estimated value of any unit or total of units is $2,500 or more, unless the director of the division of procurement and support services determines an alternate disposal method will be in the best interest of the state.

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(7)

There shall be within the bureau of purchase and property a surplus distribution section, which shall continue to operate for such period of time as surpluses or donated commodities of any kind are made available for distribution to the state by any department, division, or agency of the United States government or by any other source. The surplus distribution section shall be under the supervision of a classified supervisor of surplus distribution, who shall be responsible for the following functions, in accordance with applicable laws:

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(A)

Requesting, transporting, receiving, warehousing, allocating, enforcing compliance, and delivering, where deemed expedient, any surpluses or commodities made available to the state by the federal government or by any other source.

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(B)

Assuring that all contracts, agreements, leases, or other documents entered into by the commissioner in order to operate the program of distribution of federal commodities and surpluses comply with the regulations and directives of the federal government.

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(C)

In his or her discretion, receiving, allocating, and distributing food supplies and other school food services supplies in cooperation with the New Hampshire School Food Service Association Co-operative, Inc., and such activities shall in no way constitute a restriction of trade.

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(D)

In his or her discretion, participating and cooperating in informational projects relating to distributions made by the agency.

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(b)

The department's functions relating to merchant payment cards, fleet management, reporting on state real property under RSA 4:39-e and RSA 21-I:11, I(a)(5), and facilitation of the disposition of state-owned real property, managed by such personnel, as may be assigned by the commissioner.

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(c)

A bureau of graphic services under the supervision of a classified administrator of graphic services who shall be responsible for the following functions:

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(1)

Supervising all state printing and its procurement.

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(2)

Ensuring that all legislative printing within the capability of the bureau of graphic services shall, at all times, have priority over other work of the bureau.

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(3)

Providing the capability to levy cost charges on the use of each state photocopier.

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(4)

Using the prison print shop to the extent it can efficiently do so to function as a vocational rehabilitation facility under the direct supervision of prison authority, provided the prison print shop shall be entitled to bid on any appropriate state printing job.

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(5)

Managing a service operation which shall provide graphic services to all state agencies.

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(d)

With reference to the bureau of graphic services and the rulemaking authority of the commissioner in this area, "graphic services" shall mean any method of producing written or pictorial representations and shall include, but not be limited to, all forms of photography, photocopy, duplicating, and printing.

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(e)

The following exceptions to the authority of the administrator of graphic services shall apply:

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(1)

He or she shall exercise no management or other authority over the forensic science laboratory established in RSA 106-B:2-a.

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(2)

He or she shall exercise no management or other authority over the printing, duplication, photocopying, photographic, or other graphic services equipment or personnel of the university system of New Hampshire, the department of transportation, the department of employment security, and the general court. (f)(1) There is hereby established in the state treasury a graphic services fund, which shall be a revolving fund administered by the department of administrative services. The fund shall be nonlapsing and continually appropriated to the department of administrative services. Revenue received by the bureau of graphic services shall be deposited into this fund.

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(2)

The graphic services fund shall be maintained at such a level as to cover the necessary costs of the administration, management, operations, activities, positions, capital, or other needs of the bureau of graphic services. The department of administrative services may use any excess amounts in the fund to fund the administration, management, operations, positions, activities, capital, or other needs of the department or any of its divisions, bureaus, units, or subunits.

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II.

The division of plant and property shall:

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(a)

Be responsible for the following functions relative to planning and management, in accordance with applicable laws:

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(1)

Recommending assignment of office and office-related space, including rented space, or space under consideration for rental, to the director, who shall report such recommendations to the commissioner.

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(2)

Preparing and maintaining an inventory of all physical space in real property rented or leased for use by the state. This inventory shall be made available to the comptroller in order to assist the comptroller to comply with accounting principles.

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(3)

Planning for any additional office space needs of the state in consultation with the division of public works design and construction.

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(4)

Planning for any major renovation to state office buildings in consultation with the division of public works design and construction.

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(5)

Centrally managing all space rented by, or all proposed rentals of space by, state agencies, and providing central administration and management of the processes by which space is rented by state agencies, except as is otherwise provided by law. Unless otherwise allowed by law, agencies seeking to rent space shall do so only in consultation with the division of plant and property. The central management and administration provided by the division shall include assisting agencies in their selection of property, in the formulation of rental documents, in the preparation of notices, in agencies' solicitation of bids or proposals and selection of lessors, in space planning, in office layout, and in such other matters as are necessary for effective central planning and management relative to rented space but shall not include the power to enter into rental agreements on behalf of an agency.

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(b)

Include the following internal organizational units and functions:

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(1)

Be responsible for the following general service functions, in accordance with applicable laws:

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(A)

Providing support services, including but not limited to, mailing and messenger services to state government.

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(B)

Providing for the general maintenance of state-owned buildings and grounds, except as otherwise provided by law.

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(2)

Be responsible for the following court facility functions, in accordance with applicable laws:

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(A)

Providing suitable court facilities for the conduct of all court sessions held within each judicial district and county, subject to the availability of appropriated funds, in accordance with RSA 490-B.

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(B)

Providing for the general maintenance of state-owned court buildings and grounds, except as otherwise provided by law.

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(3)

Be responsible for the department's functions relating to energy management, managed by such personnel as may be assigned by the commissioner.

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(4)

Be responsible for the department's support of facilities of the department of health and human services managed by such personnel as may be assigned by the commissioner.

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III.

The division of public works design and construction shall be responsible for the following functions in accordance with applicable law:

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(a)

Supervising and overseeing the department's public works design and construction functions.

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(b)

Public works engineering, including planning and design for all public works projects as described in RSA 21-I:78 through RSA 21-I:86.

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(c)

Field supervision of all public works construction as described in RSA 21-I:78 through RSA 21-I:86.

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(d)

Supervision and coordination of all state-owned land and buildings not otherwise assigned, including, but not limited to, performing those functions specified in RSA 21-I:84, I.

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(e)

Except as otherwise provided by law, developing state-owned and supported land and buildings, and preparing a long range capital improvements plan, which shall be communicated to the commissioner of administrative services, or designee.

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(f)

Communicating with the commissioner of administrative services, or designee, the activities of the division relative to the capital budget overview process. The commissioner of administrative services, or designee, shall coordinate the department's activities relative to the capital budget overview process and shall communicate with the general court regarding that process as it relates to public works.

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(g)

Communicating with the commissioner of administrative services, or designee, long range capital planning relative to public works design and construction. The commissioner of administrative services, or his or her designee, shall coordinate the department's long range capital planning relative to public works design and construction to meet the needs of the state.

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(h)

The supervision and operation of all public works of the state not otherwise provided for or assigned by law. Source. 1983, 416:40. 1985, 188:1; 399:19. 1991, 346:7. 2003, 319:83. 2004, 257:34. 2005, 291:7. 2011, 224:333, eff. July 1, 2011. 2014, 327:10, eff. Aug. 2, 2014. 2020, 37:45, eff. Sept. 27, 2020. 2021, 91:4, 5, eff. July 1, 2021; 202:2, Pt. III, Sec. 11, eff. July 1, 2021.

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