New Hampshire § 21-I-17 - Section 21-I:17 Additional Purchasing Authority.

§ 21-I-17. Section 21-I:17 Additional Purchasing Authority.

I. The director of procurement and support services may purchase supplies or services for the legislative or judicial branches whenever the governing body thereof so desires and the director deems that such purchases can be made advantageously. In addition, the director may include terms in his or her contracts that require a vendor to make supplies and services available to the legislative or judicial branches, and any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code, on terms that are the same as or similar to those offered to the executive branch of the state; however, any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code shall be made independently and distinctly from the director's purchases under this chapter, and the director shall not be required to enter into any contractual or other arrangements or assume any responsibility or liability with respect to any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code. I-a. In the case of contracts entered into by the director of procurement and support services for credit card services intended to facilitate state procurement, the director may, if he or she believes that to do so would be advantageous to the state: (a) Include terms in such contracts that require a card issuer to make such services available to the legislative or judicial branches, or to any city, town or other non-state entity which is an employer as defined by RSA 100-A:1, IV, on terms that are the same as or similar to those offered to the executive branch of the state; provided, however, that such use or continued use shall be subject to the approval of the division of procurement and support services. Any procurement of supplies or services by the legislative or judicial branches, or by any city, town, or other non-state entity using cards secured under this subparagraph shall be made independently and distinctly from the director's purchases under this chapter. Any charges, fees, or other costs associated with the use of such cards shall be the responsibility of the entity which incurred them and the state shall assume no responsibility for the use of cards by entities other than the state. The director shall not be required to enter into any contractual or other arrangement for the use of cards by the legislative or judicial branches, or any city, town, or other non-state entity which is an employer as defined by RSA 100-A:1, IV, or to assume any responsibility or liability with respect to the use of such cards or with respect to any procurements of supplies or services made by those entities using such cards. (b) Enter into contracts which, in addition to allowing for use of credit card services by the executive branch, also allow for use by the legislative or judicial branches in order to pay for their purchases in a manner similar to executive branch agencies. If the legislative or judicial branches elect to make such direct use of contracts secured by the division of procurement and support services under this subparagraph, they shall do so according to procedures established by the department of administrative services, in RSA 21-I:17-d, II and III. The use or continued use of such contracts by the legislative or judicial branch shall be subject to the approval of the division of procurement and support services. The director shall not be required to enter into any contractual or other arrangements for the use of credit card services by the legislative or judicial branches, and may also, or in the alternative, include terms in his or her contracts which allow for participation by those branches on the terms set forth in subparagraph (a). II. [Repealed.] III. The state through the director of procurement and support services or any other appropriate purchasing authority may purchase pharmaceuticals and allied products and services for any receiving facility as defined in RSA 135-C or any nonprofit hospital, whenever the governing body thereof so desires and the director or other authority deems that he or she can make such purchases advantageously. Any savings realized from the state's purchase of pharmaceuticals and allied products and services for a receiving facility or nonprofit hospital shall be allocated to the receiving facility or nonprofit hospital. No liability shall accrue to the state or the state purchasing authority for any loss, damage, death, or injury resulting from the use of any pharmaceuticals or allied products or services purchased by the state for any nonprofit hospital.