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RSA 228:4-a · Competitive Bidding

Title
XX: TRANSPORTATION
Chapter
228 · ADMINISTRATION OF TRANSPORTATION LAWS
Status
current
Official source linked
Yes
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228:4-a Competitive Bidding. – No project subject to the competitive bidding requirements of RSA 228:4 shall be awarded to any independent contractor except:

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I.

If the commissioner decides that the bid of the lowest bidder should be accepted, he or she shall prepare a contract of acceptance of the lowest bid within 60 days from the opening of bids. He or she shall execute the contract in the name of the state. After the contract is executed by the lowest bidder, the form of it approved by the attorney general, and the availability of funds approved by the commissioner of administrative services, he or she shall transmit the contract to the governor and council. Upon approval by the governor and council, it shall become a valid contract of the state.

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II.

The state reserves the right to reject any and all bids or to negotiate with the lowest responsible bidder.

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III.

If the commissioner decides that for just cause shown the lowest bid submitted should be rejected, he or she shall promptly transmit to the governor and council the recommendation for rejection including reasons. The governor and council shall review the recommendation and any other facts available to them, and make such determination as in their judgment shall be for the best interest of the state. They shall require a public hearing upon request of any bidder or on their own motion to fully establish such facts. Their determination shall be entered upon the records of the secretary of state.

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IV.

If not more than one bid is received on any state project advertised for contract construction, the commissioner may negotiate a contract for such construction upon terms which he or she may deem most advantageous to the state, subject to the approval of the governor and council. For projects built with federal aid, if any provision of this section is inconsistent with the requirements of applicable federal law and regulations, the latter shall control. Source. 1981, 558:3. 1985, 399:3. 2005, 291:18, eff. July 25, 2005.

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Source note

Source. 1981, 558:3. 1985, 399:3. 2005, 291:18, eff. July 25, 2005.

Source history

  • 1981, 558:3
  • 1985, 399:3
  • 2005, 291:18, eff. July 25, 2005

Related materials

Bill relationships

  • 2026 SB152 amend · effective 2025-07-01

    tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment total

  • 2026 SB152-FN amend

    tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment total

  • 2026 SB631 amend · effective 2026-07-01

    tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment t

  • 2026 SB631-FN amend · effective 2026-07-01

    tion of noise barrier projects. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Noise Barrier Construction Fund. Amend RSA 228 by inserting after section 228:12-a the following new section: 228:12-b Noise Barrier Construction Fund. I. Provided there are sufficient turnpike toll credits for the state match for the federal apportionment t

  • 2025 HB25 reference

    nt head of the institutions and departments referred to herein; provided that all contracts and projects and plans and specifications therefor shall be awarded in accordance with the provisions of RSA 21-I and RSA 228. 159:4 Expenditures; Community College System of New Hampshire. I. The appropriations made for the community college system in paragraph II of section 1 and the sums available for this project shall be expende