CHAPTER Env-Wq 600 SELECTION OF CONSULTING ENGINEERING FIRMS

CHAPTER Env-C 500 PREQUALIFICATION OF LICENSED ENGINEERING FIRMS FOR CERTAIN PROJECTS

Statutory Authority: RSA 485-A:4, XIII; RSA 485-A:6, V

Revision Note:

Document #10644, effective 7-22-14, readopted with amendments and renumbered former Chapter Env-Wq 600, entitled “Selection of Consulting Engineering Firms”, as Chapter Env-C 500, entitled “Prequalification of Engineers for Certain Projects”.

The former Chapter Env-Wq 600 had last been filed under Document #8566, effective 2-9-06. The rules in former Chapter Env-Wq 600 did not expire on 2-9-14 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10644, effective 7-22-14.

Document #8566, effective 2-9-06, had readopted with amendments and redesignated former Chapter Env-Ws 600 titled “Selection of Consulting Engineering Firms” as Env-Wq 600 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Document #8566 had replaced all prior filings for the rules formerly in Env-Ws 600.

The prior filings for former Env-Ws 600 included the following documents:

#220.5 filed 12-27-73, as in effect 8-31-73 under 1973, 507:4

#2238, eff 12-31-82

#2406, eff 6-28-83

#2851, eff 9-21-84, EXPIRED 9-21-90

#5315, eff 1-27-92, EXPIRED 1-27-98

#6696, eff 2-25-98

Prior to Document #10644, rules numbered as Parts Env-C 510 through 521 had been readopted with amendments and redesignated by Document #8702, effective 8-24-06, as Chapter Env-Dw 1100, entitled “Drinking Water State Revolving Loan Fund Program”, pursuant to the same rules reorganization plan noted above for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Rules in Parts Env-C 501 through 509 had then been readopted with amendments and redesignated pursuant to the same plan by Document #8883, effective 5-8-07, as Chapter Env-Wq 500, entitled “State Water Pollution Revolving Loan Fund.” See the revision notes for Chapter Env-Dw 1100 and Chapter Env-Wq 500 for prior filings affecting the former Parts Env-C 510 through 521 and Parts Env-C 501 through 509.

PART Env-C 501 PURPOSE AND APPLICABILITY

Env-C 501.01 Purpose. The purpose of the rules in this chapter is to establish the procedures and criteria for licensed engineering firms to be listed on the roster of prequalified licensed engineering firms maintained by the department for licensed engineering firms that provide consulting services for the planning, design, and construction of public water supply projects or water pollution control projects, or both.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Env-C 501.02 Applicability. The rules in this chapter shall apply to licensed engineering firms that:

(a) Wish to become prequalified and listed on the roster of prequalified licensed engineering firms as maintained by the department; or

(b) Wish to renew a listing on the roster.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

PART Env-C 502 DEFINITIONS

Env-C 502.01 “Applicant” means the licensed engineering firm that is seeking to be listed on the roster or to have an existing listing renewed.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Env-C 502.02 “Board” means the board of professional engineers established by RSA 310-A:3.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Env-C 502.03 “Business organization” means “business organization” as defined in RSA 310-A:2, I-a, namely “any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.”

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Env-C 502.04 “Debarment” means removal of a listed licensed engineering firm from the roster, including by refusing to renew a listing.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.05)

Env-C 502.05 “Department” means the department of environmental services.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.06)

Env-C 502.06 “Engineering services” means the report preparation, technical design, construction administration, and resident engineering work that require the consulting services of a licensed engineering firm.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.07)

Env-C 502.07 “Firm” means a licensed engineering firm.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.08)

Env-C 502.08 “Licensed engineering firm” means a business organization that holds a certificate of authorization from the board under RSA 310-A:20, reprinted in Appendix B.

Source. #14060, eff 8-21-24

Env-C 502.09 “Listed firm” means a firm that is on the roster.

Source. #14060, eff 8-21-24

Env-C 502.10 “New listing” means the inclusion on the roster of a firm that is not on the roster as of the date of the application, regardless of whether the firm has been on any past roster.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.11)

Env-C 502.11 “Principal of the applicant” means:

(a) For a general or limited partnership, one of the general partners;

(b) For a corporation, including limited liability corporations and professional corporations, the president or a vice president; and

(c) For any other business entity, the individual who has controlling authority or is otherwise equivalent to the chief executive officer.

Source. #14060, eff 8-21-24 (formerly Env-C 502.12)

Env-C 502.12 “Professional competence” means that:

(a) The firm is a multi-disciplinary licensed engineering firm that specializes in providing consulting engineering services for public water supply projects, public water pollution projects, or both as applicable to one or more of the categories set out in Env-503.04(b), below, for which prequalification is sought;

(b) The firm employs at least 2 full-time qualified project engineers as defined in Env-C 502.13 who have actively practiced engineering in each category for which prequalification is sought for at least the 5 years immediately prior to filing the application under this chapter;

(c) In the last 5 years, the firm and its qualified project engineers have not been subject to disciplinary action by the board for conduct or activities arising from the applicant’s work on projects in any category for which prequalification is sought;

(d) The firm and its qualified project engineers have not provided any false, incomplete, or misleading information as part of an application for an initial listing as specified in Env-C 503.01 or a renewal listing as specified in Env-C 503.05;

(e) In the last 5 years, the firm has not failed to appoint a qualified project engineer for the management of a water supply project or water pollution control project;

(f) In the last 5 years, the firm has not failed to fulfill the terms of an engineering services contract;

(g) In the last 5 years, the firm or its qualified project engineers have not engaged in unethical conduct as defined by the rules of conduct of the board;

(h) The firm has submitted all required renewal fees and updated engineer questionnaire forms;

(i) The firm is not the subject of a pending enforcement action taken by the department or by the NH department of justice; and

(j) The firm has complied with all terms and conditions of any orders, settlement agreements, consent decrees, or other similar documents issued by the department or resulting from an action initiated by the department or by the NH department of justice.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.13)

Env-C 502.13 “Qualified project engineer” means a professional engineer, as defined in RSA 310-A:2, II, reprinted in Appendix B, with a civil, environmental, or sanitary engineering designation who holds a bachelor’s degree in engineering and has:

(a) At least 7 years of relevant experience;

(b) One year of graduate study in engineering and 6 years of relevant experience; or

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.14)

Env-C 502.14 “Qualifying project” means a project on which a qualified project engineer worked that is represented by the as-built project plans and specifications that include the professional engineer (PE) stamp of the qualified project engineer submitted with an application to demonstrate the applicant’s capabilities to work in the category for which prequalification is sought.

Source. #14060, eff 8-21-24

Env-C 502.15 “Relevant experience” means experience in the design, construction, inspection, and oversight of public water supply projects or public water pollution control projects, or both, as applicable to the category for which prequalification is sought.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.16)

Env-C 502.16 “Renewal” means the inclusion on the roster of a firm that is on the roster as of the date the renewal application is submitted.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.17)

Env-C 502.17 “Roster” means the list maintained by the department that identifies the firms who have been prequalified pursuant to this chapter in the particular category for which the firms are prequalified.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.18)

PART Env-C 503 ROSTER: INITIAL LISTING; RENEWAL; DEBARMENT

Env-C 503.01 Requirements for New Listing. An applicant for a new listing shall provide the following to the department:

(a) Complete and submit electronically the "NHDES Roster of Prequalified Licensed Engineering Firms Application - New and Renewals" form, NHDES-W-09-005, August 2024, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-005;

(b) At least one qualifying project per each qualifying project engineer, minimum 2 qualifying project engineers per each category for which the applicant is applying;

(d) Professional resumes for each qualifying project engineer listed;

(e) The application fee required by RSA 485-A:4, XIII, as reprinted in Appendix B;

(f) The firm’s certificate of good standing from the New Hampshire secretary of state; and

(g) The firm’s certificate of registration issued by the board pursuant to RSA 310-A:20 which authorizes the firm as an engineering services business organization in New Hampshire.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Env-C 503.02 Signature Required.

(a) A principal of the applicant shall sign and date the prequalification application or renewal application, as applicable.

(b) The signature shall constitute certification that:

(1) The information on the application form is true, complete, and not misleading to the best of the applicant's knowledge and belief;

(2) The applicant acknowledges that the submission of false, incomplete, or misleading information is grounds for denying the application, renewal, or for revoking any roster listing that is made based on such information;

(3) If the applicant is added to or continued on the roster, the applicant will comply with Env-C 500, Eng 501, Env-Wq 500, Env-Wq 700, and Env-Dw 400 rules as applicable and all other applicable requirements relative to submittal of plans to the department for approval; and

(4) The applicant and its qualifying project engineers meet the criteria for professional competence, as defined in Env-C 502.12.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.03)

Env-C 503.03 Review of Applications for New Listing; Decisions.

(a) Upon receiving an application for a new listing, the department shall review it to determine whether it contains everything required by Env-C 503.01.

(b) If the submission does not contain everything required by Env-C 503.01, the department shall notify the applicant within 15 calendar days of what is missing.

(c) The department shall review each application for a new listing within 30 calendar days of receipt of a complete application.

(d) The department shall approve the application for a new listing if, based on the information provided by the applicant or otherwise available to the department:

(1) The applicant and its qualifying professional engineers demonstrate professional competence in each category for which prequalification is sought; and

(2) The department is not aware of any basis for debarment as specified in Env-C 503.07.

(e) If the department denies the application, the written notice shall specify the reason(s) for the denial.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.04)

Env-C 503.04 Roster.

(a) The department shall:

(1) Maintain a current roster; and

(2) Publish the current roster on its website.

(b) The roster shall list the firms as being prequalified for one of the following 4 categories:

(1) Category 1, water supply engineering, including water treatment;

(2) Category 2, water pollution control engineering, including wastewater treatment;

(3) Category 3, water or wastewater piping systems, including pumping; and

(4) Category 4, all of the foregoing 3 categories.

(c) The categories above are broad and as such listed firms shall act ethically and only accept and perform work in which its qualifying project engineers have demonstrated professional competence.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.05)

Env-C 503.05 Duration of Listing; Renewal Application.

(a) A firm whose application for a new listing is approved shall be listed on the roster for the time period specified in table 503-1, below:

Table 503-1: Duration of New Listing

Application Approved:	Listing Valid For:
January 1 through June 30	Remainder of calendar year in which approved
July 1 through December 31	Through December 31 of calendar year following year of approval

(b) To remain on the roster, a listed firm shall provide the following to the department, by October 31 of the year in which its listing will expire:

(1) Complete and submit electronically the "NHDES Roster of Prequalified Licensed Engineering Firms Application - New and Renewals" form, NHDES-W-09-005, August 2024, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-005;

(2) The renewal fee required by RSA 485-A:4, XIII, as reprinted in Appendix B;

(3) The firm’s certificate of good standing from the New Hampshire secretary of state; and

(4) The firm’s certificate of registration issued by the board pursuant to RSA 310-A:20 which authorizes the firm as an engineering services business organization in New Hampshire.

(c) If the firm is seeking to be pre-qualified in an additional category, a new application shall be submitted in accordance with Env-C 503.01, above.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.06)

Env-C 503.06 Review of Applications for Renewal Listing; Decisions.

(a) Upon receiving an application to renew a listing, the department shall review it to determine whether it contains everything required by Env-C 503.05.

(b) If the submission does not contain everything required by Env-C 503.05 the department shall notify the applicant in writing within 15 calendar days of what is missing.

(c) The department shall review each application to renew a listing within 30 calendar days of receipt of a complete application to renew a listing.

(d) The department shall renew the applicant’s listing if:

(1) The information submitted by the applicant demonstrates that the applicant continues to be qualified to be listed on the roster; and

(2) The department is not aware of any basis for debarment as specified in Env-C 503.07.

(e) If the department becomes aware of any basis for debarment as specified in Env-C 503.07 after receiving a renewal application but prior to making a decision on the application, the department shall refuse to renew the applicant on the roster.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.08)

Env-C 503.07 Debarment.

(a) Any listing on the roster shall be based on the presumptions that:

(1) The information submitted to obtain the listing remains true, complete, and not misleading; and

(2) The applicant and its qualifying project engineers continue to meet the criteria for professional competence as specified in Env-C 502.12.

(b) After listing a firm on the roster, if the department receives information indicating that the information upon which the listing was based was false, incomplete, or misleading or that the firm no longer meets the criteria of Env-C 502.12, the department shall initiate an adjudicative proceeding pursuant to the applicable provisions of RSA 541-A and Env-C 200 to determine whether the firm should be debarred or suspended from being listed.

(1) The firm would not have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would not have supported a finding that the applicant met the criteria for professional competence; and

(2) The firm cannot cure the deficiencies so as to demonstrate professional competence.

(d) The department shall remove the firm from the roster subject to reinstatement as specified in (f), below, if the department determines that:

(1) The firm would have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would have supported a finding that the applicant met the criteria for professional competence; and

(2) The firm can cure the deficiencies so as to demonstrate professional competence.

(e) The department shall notify the firm in writing of its decision. If the decision is to suspend, revoke, or refuse to renew the listing, the department shall specify the reason(s) for the decision.

(f) If a listing is suspended pursuant to (d), above, the department shall reinstate the firm on the roster upon receiving proof from the firm that it can demonstrate professional competence.

(g) Any firm debarred pursuant to this section may apply to be listed on the roster no sooner than 3 years from the date of debarment

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.09)

Env-C 503.08 Appeal.

(a) Any firm whose application for a new listing is denied may appeal the decision as a permitting decision under RSA 21-O:14.

(b) Any listed firm that is debarred or suspended pursuant to Env-C 503.07 may appeal the decision as an enforcement decision under RSA 21-O:14.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.10)

PART Env-C 504 PROCUREMENT OF ENGINEERING SERVICES FOR CERTAIN PROJECTS

Env-C 504.01 Procedures. The procedures for procuring engineering services for projects that obtain state or federal funding for a water supply project or a water pollution control project shall be as specified in:

(a) Env-Dw 1100 for water supply projects; and

(b) Env-Wq 500 for water pollution control projects.

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24

Appendix A: Statutes Implemented

Rule Section(s)	State Statute(s) Implemented
Env-C 500	RSA 485-A:4, XIII

Appendix B: Relevant Statutes

RSA 485-A:4 Duties of Department. – It shall be the duty of the department and the department is authorized:

…

XIII. To establish rules governing the prequalification of consulting engineering firms employed in the planning and construction of public water supply and pollution control projects. Any licensed engineering firm seeking initial prequalification shall pay to the department a fee of $200. Prequalification shall be renewed annually and shall be accompanied by a $50 renewal fee. These fees shall be deposited with the state treasurer as unrestricted revenue. The department is further empowered to prescribe the contract award procedures to be followed in the awarding of construction contracts involving state financial assistance.

RSA 310-A:2 Definitions. – As used in this subdivision:

…

I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.

II. "Professional engineer" means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.

RSA 310-A:18 Certificates; Seals. – The board shall issue a license, upon payment of the registration fee established by the office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed professional engineer while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Professional Engineer.'' All papers or documents involving the practice of engineering under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional engineer who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed or reissued.

RSA 310-A:20 Engineering Certificates for Business Organizations. –

I. The practice of or offer to practice professional engineering for others by individual engineers licensed under this subdivision through a business organization as officers, partners, associates, employees, or agents is permitted, subject to the provisions of this subdivision; provided that:

(a) One or more of the corporate officers, of a corporation or one or more general partners, or associates is designated as being responsible for the engineering activities and engineering decisions of the business organization, and is a licensed engineer under this subdivision.

(b) All personnel of the business organization who act in its behalf as professional engineers are licensed under this subdivision.

II. The requirements of this subdivision shall not affect a business organization or its employees in performing services for such business organization or its subsidiary or affiliated business organizations. All final drawings, specifications, plans, reports, or other engineering papers or documents involving the practice of engineering, when issued or filed for public record, shall be dated, and bear the signature and seal of the professional engineer who prepared them or under whose direct supervisory control they were prepared.

III. A business organization desiring a certificate of authorization shall file with the board an application, using a form provided by the board, listing the names and addresses of all officers and board members, general and limited partners, associates, and any individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in this state through the business organization, and any other information required by the board. The same form, giving the same information, must accompany the annual renewal fee. If there is a change in any of these persons during the year, such change shall be designated on the same form and filed with the board within 30 days after the effective date of such change. If all requirements of this section are met, the board shall issue a certificate of authorization to such business organization, and such business organization shall be authorized to contract for and to collect fees for furnishing engineering services.

IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners, by reason of its compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of such individual's employment by or relationship with such business organization.

V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "Engineer'' or "Engineering'' or any modification or derivative thereof in its corporate or business name or which includes the practice of engineering among the objects for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates of registration or authorization issued under the provisions of this subdivision, a copy of which shall likewise have been presented to the secretary of state. However, the requirements of this subdivision shall not apply to any business formed and registered with the secretary of state prior to January 1, 1999, which uses the words "Engineer'' or "Engineering'' or any modification or derivative thereof in its corporate or business name, and which does not perform or require the services of a professional engineer.

VI. A professional engineer who renders occasional, part-time or consulting engineering services to or for a business organization may not, for the purposes of this subdivision, be designated as being responsible for the engineering activities and decisions of such business organization.