New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 600 - PROCUREMENT AND PROPERTY RULES
Part Adm 609 - PRE-ADJUDICATIVE PROCEEDING PROCEDURES IN CASES INVOLVING THE DIVISION OF PROCUREMENT AND SUPPORT SERVICES, BUREAU OF PURCHASE AND PROPERTY
Section Adm 609.02 - Informal Resolution

Universal Citation: NH Admin Rules Adm 609.02

Current through Register No. 12, March 21, 2024

(a) Any person or association who disagrees with an award after having followed the procedure set forth in Adm 609.01 may request informal resolution of the matter according to the following procedures.

(b) A person or association seeking informal resolution shall within 15 days of the review noted in Adm 609.01(b) above, contact the administrator of the division's bureau of purchase and property established under RSA 21-I: 12, I (a), in writing, to request informal resolution.

(1) Briefly describe the nature of the grievance; and

(2) Identify the persons, associations and agencies involved.

(d) Within 15 days of the administrator's receipt of the writing described above, the administrator shall investigate the matter and inform the person or association who initiated the inquiry, in hard copy, facsimile or electronic writing, either that:

(1) Corrective action has been taken, describing the nature of the action taken and notifying all persons involved of the corrective action taken;

(2) Additional informal telephone communication with the person or association will be scheduled to discuss the problem and attempt to reach a mutually agreeable resolution, together with the time and date that the communication will occur; or

(3) A further informal meeting will be scheduled to discuss the problem and attempt to reach a mutually agreeable resolution, together with the date, time and place of the meeting;

(e) An informal meeting under (d) (3) or an additional informal telephone communication under (d) (2) above, if any, shall be held within 15 days of the administrator's notification.

(f) The administrator shall issue his or her conclusions in writing, within 10 days of the meeting described in (d) (3) above, or, if corrective action is taken, within 10 days of the telephone communication described in (d) (2) above.

(g) The procedures discussed above shall be handled in a manner that does not conflict with RSA 21-I: 13-a, II.

(h) A person who claims to be aggrieved by the informal resolution of a matter may request resolution by way of an adjudicative proceeding under Adm 200 either:

(1) If corrective action was taken under (d) (1) above, within 15 days of the notice of the corrective action; or

(2) If an informal meeting or an informal telephone communication was held, within 15 days of the notice described in (f) above.

(i) Any appeal of the decision rendered shall be in accordance with the provisions of RSA 541:3 through 9.

(j) The procedures set forth in this section shall apply only to contracts or purchases which are not submitted to the governor and executive council for approval.

#6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13

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