New Hampshire Bid Preferences: Status and What to Do

What it is

New Hampshire does not run its own MBE or WBE certification. The Bureau of Purchase and Property buys most goods and services for state agencies, and NASPO's state profile lists no small or minority business program. What the state does have is a tie-bid rule that favors New Hampshire vendors and, since 2025, a purchasing option for businesses owned by service-connected disabled veterans or military spouses.

What changed

• RSA 21-I:113 and 21-I:114 took effect July 1, 2025 (2025 Laws, ch. 141). Public entities may not run DEI programs, and state funds may not pay for "race-based hiring, promotion, or contracting preferences." Agencies and local governments may not enter or renew contracts with DEI-related terms, such as requiring contractors to run DEI programs, training or reporting. Sections 21-I:115 and 21-I:116 call for reviews of agency and local contracts for those terms.
• RSA 21-I:19-k took effect August 22, 2025 (2025 Laws, ch. 107). It lets the procurement director buy products or services from approved service-connected disabled veteran-owned and military spouse-owned businesses at a fair market price the director sets, notwithstanding conflicting law.

Who qualifies

• Tie-bid rule: a vendor with its principal place of business in New Hampshire.
• Disabled veteran or military spouse business: at least 51% owned by service-connected disabled veterans (receiving VA disability compensation) or by military spouses, who also control management and daily operations.
• That business must be incorporated under New Hampshire law, make its products or provide its services in the state, and be approved by the director of the Division of Procurement and Support Services.
• Out-of-state firms can bid on state work but do not get the tie-bid advantage and cannot use RSA 21-I:19-k.

What it means for your bids

• If tied low bids include only one New Hampshire-based vendor, that vendor wins. If several are New Hampshire-based, the winner is drawn by lot among them.
• There is no state MBE, WBE or small business set-aside or price preference in the statutes we reviewed.
• State and local contracts may no longer require contractors to run DEI programs, training or reporting.
• Approved disabled veteran or military spouse firms can be bought from at the director's fair market price. The statute does not set a goal or set-aside.

How to get certified

New Hampshire has no state certification to apply for. To get in front of buyers:

1. Register as a vendor with the Bureau of Purchase and Property. NASPO reports there is no registration fee.
2. Watch current bids: https://apps.das.nh.gov/bidscontracts/
3. If your business fits RSA 21-I:19-k, ask the Division of Procurement and Support Services how to request approval. We did not find an application page or form.

Watch out for

• Federal DBE certification is separate and applies to transportation work.
• We read these statutes in Justia's 2025 edition because the official RSA site and the Bureau's main pages did not load for us. Confirm details with the Bureau.
• We could not confirm whether any court has paused the 2025 DEI sections. Check before relying on them.
• City, town and school district purchasing rules are separate. Check each one.

Programs in other states →

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Sources

• apps.das.nh.gov/bidscontracts/
• law.justia.com/codes/new-hampshire/title-i/chapter-21-i/section-21-i-11-b/
• law.justia.com/codes/new-hampshire/title-i/chapter-21-i/section-21-i-19-k/
• law.justia.com/codes/new-hampshire/title-i/chapter-21-i/section-21-i-113/
• law.justia.com/codes/new-hampshire/title-i/chapter-21-i/section-21-i-114/
• law.justia.com/codes/new-hampshire/title-i/chapter-21-i/
• naspo.org/states/new-hampshire
• www.naspo.org/research-and-innovation/state-preference-repository/browse-by-state/n

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.