New Hampshire Revised Statutes 228:109 – Duties
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I. The commission shall:
(a) Establish a general framework for public-private partnership contracts that establishes a process for the submission and evaluation of all such projects and provides a format and forms to enable the bidder to comply with the requirements including terms and conditions.
(b) Provide for the submission of unsolicited proposals, including setting qualification criteria for unsolicited proposals and establishing a process for evaluating unsolicited proposals.
(c) Provide a method and structure for using public advisors for strategic planning, proposal evaluations, and project monitoring and utilize public professionals on a case-by-case basis.
(d) Perform an analysis to determine whether a project is suitable for a public-private partnership whenever the department notifies the commission of its intent to pursue a public-private partnership contract.
(e) Hold a minimum of 2 publicly noticed hearings per project to establish whether public-private partnership is the appropriate procurement method. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
(f) Make recommendations to the commissioner, subject to the approval of the governor and council and the capital project overview committee, concerning the use of public-private partnerships for certain projects.
(g) Upon approval of the governor and council and the capital project overview committee, the commission shall support the department in the development of a request for proposals.
(h) Provide criteria for qualifications to bid per project, including but not limited to, adequate equipment to perform, financial stability, and proven record on projects of this type.
(i) Assure that any public-private partnership agreement is advanced in accordance with the department’s design, permitting, and right of way acquisition process and complies with all federal and state design criteria.
(j) Estimate the costs associated with hiring qualified private and public support personnel to advance and oversee any public-private partnership contract.
(k) Hold a minimum of one publicly noticed hearing per project to solicit public feedback concerning the draft request for proposals. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
II. Once the commission is satisfied that the request for proposals is complete, governor and council approval shall be obtained before it is released by the department.
(a) Establish a general framework for public-private partnership contracts that establishes a process for the submission and evaluation of all such projects and provides a format and forms to enable the bidder to comply with the requirements including terms and conditions.
Terms Used In New Hampshire Revised Statutes 228:109
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Provide for the submission of unsolicited proposals, including setting qualification criteria for unsolicited proposals and establishing a process for evaluating unsolicited proposals.
(c) Provide a method and structure for using public advisors for strategic planning, proposal evaluations, and project monitoring and utilize public professionals on a case-by-case basis.
(d) Perform an analysis to determine whether a project is suitable for a public-private partnership whenever the department notifies the commission of its intent to pursue a public-private partnership contract.
(e) Hold a minimum of 2 publicly noticed hearings per project to establish whether public-private partnership is the appropriate procurement method. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
(f) Make recommendations to the commissioner, subject to the approval of the governor and council and the capital project overview committee, concerning the use of public-private partnerships for certain projects.
(g) Upon approval of the governor and council and the capital project overview committee, the commission shall support the department in the development of a request for proposals.
(h) Provide criteria for qualifications to bid per project, including but not limited to, adequate equipment to perform, financial stability, and proven record on projects of this type.
(i) Assure that any public-private partnership agreement is advanced in accordance with the department’s design, permitting, and right of way acquisition process and complies with all federal and state design criteria.
(j) Estimate the costs associated with hiring qualified private and public support personnel to advance and oversee any public-private partnership contract.
(k) Hold a minimum of one publicly noticed hearing per project to solicit public feedback concerning the draft request for proposals. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
II. Once the commission is satisfied that the request for proposals is complete, governor and council approval shall be obtained before it is released by the department.