2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 21-I - Department of Administrative Services › Section 21-I:11-e - Electronic Reverse Auctions.

21-I:11-e Electronic Reverse Auctions. –
I. An electronic reverse auction may be conducted at the direction of the director of procurement and support services when it is determined by the commissioner of department of administrative services or designee that it is in the best interests of the state. Such reverse auction shall be conducted with bidders who have prequalified through a request for bids (RFB) process. Factors to be considered in determining whether the state will utilize an electronic reverse auction request for bids shall include:
(a) Whether specifications of requested commodities or services can be prepared that permit electronic posting of bids;
(b) Whether financial opportunity exists associated with cost savings, cost avoidance, or administrative offset, including the indirect or direct cost for preparing and executing the reverse auction; and
(c) Whether the commodities or services to be purchased can be purchased in a competitive marketplace.
II. The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the department of administrative services.
III. All reverse auctions shall be conducted electronically using real-time, on-line bidding procedures. These procedures shall include the following:
(a) Participation as a bidder shall be subject to a prequalification process conducted in accordance with requirements and specifications of the reverse auction request for bids. Qualifications summary responses shall be opened so as to avoid disclosure of contents to competing bidders.
(b) The solicitation shall designate both an opening date and time and a closing date and time for bids during the reverse auction. At the opening date and time, the auctioneer shall begin accepting real-time, online bids. The solicitation shall remain open until the closing date and time.
(c) At any time before the closing date and time, a bidder may offer a lower bid than the lowest bid of any bidder, including the bidder's own bid. A bidder's lowest bid shall supersede any prior higher bid offered by that bidder. Bid prices may not be increased at any time after the opening date and time.
IV. Notwithstanding RSA 91-A:4 and RSA 21-G:37, no information shall be available to the public or to the members of the general court or its staff concerning specific reverse auction RFB from the release of the reverse auction RFB until the contract is approved by the governor and executive council, or, if the contract does not require approval from the governor and executive council, until the contract has been actually awarded as determined by the issuing agency, except:
(a) In the case of an RFB that requires approval from the governor and executive council, the issuing agency shall, at least 5 business days prior to submitting the contract to the department of administrative services, post the vendors' names and respective final prices for each qualified bidder on its website.
(b) In the case of an RFB that does not require approval from the governor and executive council, the issuing agency shall, at minimum, post the vendors' names and respective final prices for each qualified bidder on its website at the time that the RFB is awarded.
V. Notwithstanding paragraph IV, the department of administrative services shall share such pricing information as is necessary to conduct the reverse auction. During the reverse auction, such pricing information shall be shared only with the bidders and other parties participating in the reverse auction as specified in subparagraph III(c). Such information shall include only prices proposed and not names of bidders.
VI. Reverse auction RFBs shall be subject to RSA 21-G:37, IV-VI.
Source.
2021, 202:2, Pt. II, Sec. 1, eff. Oct. 9, 2021.