§ 21-I:18 — Exemptions

I. To the extent indicated in this section, the following agencies and purchases are exempted from the provisions of this chapter. All exempt purchases shall be made in accordance with the existing laws governing such purchases:
(a) The university system of New Hampshire shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the director shall be required to follow the provisions of this chapter. The university system shall make purchases under competitive bidding requirements except when waived by the chancellor of the university system or his authorized agent upon written justification.
(b) The liquor commission is exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring supplies as defined in RSA 21-I:11, II(a), and other materials, goods, and services that are necessary for, incidental to, or related to the operation of liquor commission retail and wholesale operations.
(c) The legislature, secretary of state, and the state reporter are completely exempted from the provisions of this chapter.
(d) This chapter shall not apply to any contracts made or entered into by the director of procurement and support services or any agency under the terms of which contractors with the state purchase their own supplies directly.
(e) The purchase of materials, supplies and merchandise by the department of natural and cultural resources as provided by RSA 219:21 shall not be subject to the provisions of this chapter.
(f) All state agencies are exempted in the matter of the purchase of books and periodicals.
(g) The purchase of gaming tickets and their dispensing equipment by the lottery commission. The commission shall make such purchases under competitive bidding requirements, except when waived by the commission or its authorized agent with written justification.
(h) The purchase of client rehabilitative equipment, supplies and services for disabled persons by the bureau of vocational rehabilitation, including adaptive equipment as provided by RSA 200-C:16, shall not be subject to the provisions of this chapter.
(i) Purchases of services from nonprofit organizations by the department of education, division of learner support and the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.
(j) The court systems are completely exempted from the provisions of this chapter.
(k) The purchases of materials, supplies, and merchandise by the fish and game department as provided by RSA 206:22-b shall not be subject to the provisions of this chapter.
(l) Purchases of services from private contractors by the department of revenue administration with respect to the administration of low and moderate income homeowners property tax relief claims.
(m) Purchases of services from private contractors by the department of revenue administration with respect to the establishment of assessing enforcement procedures.
(n) The purchase of gaming tickets and their dispensing equipment by the lottery commission under RSA 287-E. The lottery commission shall make such purchases under competitive bidding requirements, except when waived by the lottery commission or its authorized agent with written justification.
(o) The New Hampshire retirement system shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the executive director shall be required to follow the provisions of this chapter. The retirement system shall make purchases under competitive bidding requirements except when waived by the executive director or his or her authorized agent upon written justification.
I-a. The community college system of New Hampshire shall not be required to make purchases through the director of procurement and support services or utilize the services of the bureau of graphic services unless it so chooses. The community college system of New Hampshire shall make purchases under competitive bidding requirements except when waived by the chancellor of the community college system of New Hampshire, or a designated agent, upon written justification.
II. Notwithstanding any other provision of law, the commissioner of the department of administrative services, or his designee, may waive the provisions of RSA 21-I, relative to the purchase of materials, supplies, and merchandise, when requested by the executive head of any department or agency or his designee to prevent the loss of any federal or other funds subject to recapture. Such waiver shall be acted upon in a timely manner, and approval shall not be unreasonably withheld.

Legislative History

1985, 399:1. 1986, 171:4. 1987, 284:3. 1988, 269:8. 1989, 35:2. 1990, 140:2, X; 255:4. 1991, 355:3. 1992, 198:2. 1993, 137:3-5; 322:3. 1994, 246:3; 379:20, 21. 1995, 310:181. 1998, 272:1. 1999, 338:19. 2001, 158:30, 83. 2003, 319:25. 2004, 97:8; 257:5. 2005, 53:1. 2007, 361:4. 2008, 25:1; 359:4. 2009, 144:120, eff. July 1, 2009. 2013, 157:1, eff. June 28, 2013. 2014, 327:19, eff. Aug. 2, 2014. 2015, 276:127, eff. July 1, 2015. 2017, 156:14, I, eff. July 1, 2017. 2018, 315:5, eff. Aug. 24, 2018.