reglab/housing_qa huggingface dataset:
RI Gen L § 37-2-27.4 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-27.4 - Procurement of construction manager at-risk services - Bidding of subcontracts.

§ 37-2-27.4. Procurement of construction manager at-risk services — Bidding of subcontracts.(a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant to the following:(1) All potential vendors shall be prequalified as responsible bidders or offerors as defined in § 37-2-15(6);(2) The construction management at-risk firm shall be provided with access to the Rhode Island Vendor Information Program ("RIVIP") and/or the relevant portion of the program or information thereon in such direct or indirect manner as the director of the department of administration may determine for the purpose of issuing solicitations to pre-qualified vendors for subcontracts, equipment, and materials necessary for the project. The construction manager at-risk shall use the RIVIP for solicitation of bids for all subcontractors, equipment, and material necessary for the project;(3) All bids shall be opened in public at the time and place designated in the solicitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;(4) The construction manager at-risk shall evaluate the bid proposals and conduct further negotiations with vendors where appropriate;(5) Prior to the awarding of a project-related contract by the construction manager at-risk, the using agency shall provide its written approval;(6) The construction manager at-risk shall award all project-related contracts with reasonable promptness after approval by the using agency.(b) When using the construction manager at-risk method of construction management, all subcontract work, equipment, and material purchases shall be memorialized by the construction management at-risk firm and the using agency through detailed documentation of the decisions made and the reasons for those decisions.(c) All bid documents, bid abstracts, and documents referring to the bid process shall be public in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 2 of title 38 shall rest with the bidder or offeror.Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act.(d) No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.History of Section.P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.
RI Gen L § 37-2-27.5 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-27.5 - Procurement of construction manager at-risk services - Public records.

§ 37-2-27.5. Procurement of construction manager at-risk services — Public records.(a) All documents related to a construction project delivered through a construction manager at-risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made available for public inspection in accordance with chapter 38-2, entitled the Access to Public Records Act. Information may only be withheld from public inspection if the construction manager at-risk firm or the relevant subcontractor specifically states in writing a description of the data or materials to be protected and the reasons why protection is necessary, and if the chief purchasing officer determines through a written determination that the records are not public pursuant to chapter 38-2 access to public records law. The burden to identify trade secrets, commercial or financial information, or other information not subject to public disclosure pursuant to chapter 38-2 shall rest with the construction manager at-risk or the relevant subcontractor. Any person or entity denied the right to inspect records may appeal the denial in accordance with chapter 38-2, the Access to Public Records law.(b) Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subdivision 35-20-5(4) and quasi-public agencies, shall be subject to and shall comply with the terms of this section.History of Section.P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2.
RI Gen L § 37-2-28 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-28 - Cost or pricing data.

§ 37-2-28. Cost or pricing data.(a) A contractor shall submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of:(1) The pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand dollars ($50,000); or(2) The pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000), or such lesser amount in either instance as may be prescribed by the purchasing agent and approved by the budget office.(b) Any contract, change, or modification thereto, under which a certificate is required, shall contain a provision that the price to the state, including profit or fee, shall be adjusted to exclude any significant sums by which the purchasing agent finds that the price was increased because the contractor furnished cost or pricing data, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current.(c) The requirements of this section need not be applied to contracts where the price negotiated is based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, or in exceptional cases where it is determined, in writing, by the chief purchasing officer that the requirements of this section may be waived, and the reasons for that waiver are stated in writing.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-29 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-29 - Cost plus a percentage of cost.

§ 37-2-29. Cost plus a percentage of cost.The cost plus a percentage of cost type of contract shall not be used.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-30 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-30 - Cost reimbursement contracts.

§ 37-2-30. Cost reimbursement contracts.(a) No contract providing for the reimbursement of the contractor's cost plus a fixed fee, hereinafter referred to as a cost reimbursement contract, may be made under § 37-2-19, 37-2-20, or 37-2-21 unless it is determined, in writing, by the chief purchasing officer that the contract is likely to be less costly to the state than any other type of contract, or that it is impracticable to obtain supplies or services of the kind or quality required except under a cost reimbursement contract.(b) Each contractor under a cost reimbursement type contract shall obtain consent, as provided for in the contract, before entering into:(1) A cost reimbursement type subcontract; or(2) Any other type of subcontract involving more than ten thousand dollars ($10,000) or ten percent (10%) of the estimated cost of the prime contract.(c) All cost reimbursement type contracts shall contain a provision that only costs recognized as allowable, in accordance with cost principles set forth in regulations issued pursuant to § 37-2-42, will be reimbursable.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-31 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-31 - Use of other types of contracts.

§ 37-2-31. Use of other types of contracts.Subject to the limitations of §§ 37-2-29 and 37-2-30, any type of contract which will promote the best interests of the state may be used.History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
RI Gen L § 37-2-32 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-32 - Approval of accounting system.

§ 37-2-32. Approval of accounting system.Except with respect to firm fixed price type contracts, no contract type shall be used unless it has been determined in writing that the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and that the contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-33 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-33 - Multi-year contracts.

§ 37-2-33. Multi-year contracts.(a) Unless otherwise provided in the statute making appropriations therefor, multi-year contracts for supplies and services may be entered into for periods extending beyond the end of the fiscal year in which the contract was made, if funds for the first fiscal year of the contemplated contract are available at the time of contracting and the contract states that payment and performance obligations for succeeding fiscal years shall be subject to the availability of funds therefor.(b) Prior to the utilization of a contract as described in subsection (a) of this section, it shall be determined, in writing, by the chief purchasing officer:(1) That estimated requirements cover the period of the contract, are reasonably firm, and continuing; and(2) That the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economics in state procurement.(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent year of a contract as described in subsection (a) of this section, the contract for the subsequent year may be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from:(1) Appropriations currently available for performance of the contract;(2) Appropriations currently available for procurement of similar supplies or services and not otherwise obligated; or(3) Appropriations made specifically for the payment of cancellation costs.History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
RI Gen L § 37-2-34 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-34 - Right to inspect facilities - Right to audit.

§ 37-2-34. Right to inspect facilities — Right to audit.(a) The department of administration may inspect the plant, or place of business of a contractor, or any subcontractor under any contract awarded or to be awarded by the state.(b) The department of administration may audit the books and records of any person who has submitted cost or pricing data under § 37-2-27 at any time until the period of record retention as set forth in subsection (c) of this section expires. The right to audit hereunder shall only extend to those books and records reasonably connected with cost or pricing data submitted under § 37-2-27 and the books and records shall be maintained by the contractor or subcontractor for the period specified in subsection (c) of this section.(c) The department of administration or auditor general shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this subsection shall not limit the right to audit as set forth in subsection (b) of this section. The books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-35 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-35 - Finality of determinations.

§ 37-2-35. Finality of determinations.The determinations required by §§ 37-2-19(a), (b), (c) and (f); 37-2-20(a), (b) and (c); 37-2-21; 37-2-22; 37-2-24(a); 37-2-27(3); 37-2-30(a); and 37-2-52(c) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-36 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-36 - Reporting of suspected collusive bidding or negotiations.

§ 37-2-36. Reporting of suspected collusive bidding or negotiations.(a) When for any reason collusion is suspected among any bidders or offerors, a written notice of the facts giving rise to the suspicion shall be transmitted to the attorney general.(b) All documents involved in any procurement in which collusion is suspected shall be retained until the attorney general gives notice that they may be released, and all those documents shall be made available to the attorney general or his or her designee upon request.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-37 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-37 - Report of procurement actions taken under §§ 37-2-21 and 37-2-22.

§ 37-2-37. Report of procurement actions taken under §§ 37-2-21 and 37-2-22.(a) A summary shall be compiled annually by the purchasing agent, within ninety (90) days following the close of the fiscal year, of contracts made under §§ 37-2-21 and 37-2-22 during that preceding fiscal year. The summary shall:(1) Name each contractor; and(2) State the amount and type of each contract.(b) All documentation of contracts made under §§ 37-2-21 and 37-2-22 shall be retained for a period of five (5) years and made available for public inspection.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-38 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-38 - Issuance of specifications.

§ 37-2-38. Issuance of specifications.(a) The chief purchasing officer shall have responsibility for issuing and maintaining all standard specifications for supplies, services, and construction required by the state. Among its duties, it shall, to the greatest extent practicable:(1) Prepare and issue standard specifications for supplies, services, and construction commonly required by the state;(2) Revise all standard specifications to conform to all technical and scientific advances pertaining to the supplies, services, and construction described in those specifications, and to reflect changes in the state's requirements and user agencies; and(3) Establish guidelines for drafting specifications.(b) All specifications shall be drafted so as to maximize, to the extent practicable, competition in fulfillment of the state's requirements.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-38.1 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-38.1 - Certification by building commissioner.

§ 37-2-38.1. Certification by building commissioner.The state controller shall order no payment to any person on account of any contract for any construction which is subject to the state building code, unless and until the state building commissioner has certified to the state controller in writing that:(1) All permits required under § 23-27.3-113.1 for the construction for which such payment has been requested have been issued and are valid; and(2) The state building commissioner has, pursuant to § 23-27.3-113.3.1, verified that all construction work for which payment has been requested and which state law requires to be performed by licensed persons has been performed by persons so licensed.History of Section.P.L. 1992, ch. 323, § 1.
RI Gen L § 37-2-39 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-39 - Responsibility for selection of methods of construction contracting management.

§ 37-2-39. Responsibility for selection of methods of construction contracting management.The chief purchasing officer shall issue regulations providing for as many alternative methods of management of construction contracting as he or she may determine to be feasible, setting forth criteria to be used in determining which method of management of construction is to be used for a particular project, and granting to the purchasing agent, or the purchasing agency responsible for carrying out the construction project, the discretion to select the appropriate method of construction contracting for a particular project, provided, however, that the chief purchasing officer shall execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of management of construction contracting in each instance.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-40 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-40 - Bid security.

§ 37-2-40. Bid security.(a) Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the state to exceed fifty thousand dollars ($50,000). Bidder's security shall be a bond provided by a surety company authorized to do business in this state, or the equivalent in cash, in a form satisfactory to the state. Nothing herein prevents the requirement of bonds on construction contracts under fifty thousand dollars ($50,000) when the circumstances warrant.(b) Bidder's security shall be in an amount equal to at least five percent (5%) of the amount of the bid.(c) When the invitation for bids requires that bidder security be provided, noncompliance requires that the bid be rejected; provided, however, that the chief purchasing officer may set forth by regulations exceptions to this requirement in the event of substantial compliance.(d) After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids; provided, that, if a bidder is permitted to withdraw his or her bid before award because of a mistake in the bid as allowed by law or regulation, no action shall be had against the bidder or the bidder's surety.History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
RI Gen L § 37-2-41 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-41 - Contractors' bonds.

§ 37-2-41. Contractors' bonds.The provisions of chapters 12 and 13 of this title requiring contractors to furnish performance bonds and labor and material payment bonds shall apply to all construction contracts awarded under this chapter. Waiver of the bonding requirements contained in chapters 12 and 13 of this title is expressly prohibited.History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2009, ch. 354, § 1.
RI Gen L § 37-2-42 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-42 - Price adjustments.

§ 37-2-42. Price adjustments.(a) For all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, the chief purchasing officer shall specify clauses providing for adjustments to contract terms and conditions where there has been:(1) A unilaterally ordered change by the state;(2) A site condition differing from that indicated in the contract except for turnkey contracts or negotiated contracts when appropriate written findings of fact have been made;(3) Variation in the estimated quantities in a contract providing for estimated quantities; or(4) A unilateral suspension of work by the state.(b) In addition, there shall also be specified for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, a clause providing that a contract may be terminated for default, or upon written determination which sets forth the excuses for nonperformance. Further, the contract shall provide for liquidated damages when appropriate and as specified in the contract schedule with excuses for nonperformance specifically provided for therein.(c) The above specified clauses and conditions required for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price shall be available for optional use in other construction contracts.(d) In addition, there shall also be included in all contracts which are expected to exceed fifty thousand dollars ($50,000), a clause providing for the termination of the contract because of unreasonable delay in the performance thereof, and further providing for liquidated damages and for reimbursement for any monies expended by the state for the completion of the work specified by the terms of the contract.History of Section.P.L. 1989, ch. 526, § 2.
RI Gen L § 37-2-43 (2021)
2021 Rhode Island General Laws|Title 37 - Public Property and Works|Chapter 37-2 - State Purchases|Section 37-2-43 - Contract clauses and their administration.

§ 37-2-43. Contract clauses and their administration.(a) The chief purchasing officer is authorized to issue regulations permitting or requiring the insertion, in contracts for the procurement of supplies or services, of appropriate clauses to enable the chief purchasing officer to effect desired changes and modifications to those contracts.(b) The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services in the event of (1) default of the contractor, or (2) upon notification to said chief purchasing officer by the director of the department of environmental management that there has been a final adjudication or other resolution, as a result of which a fine of five thousand dollars ($5,000) or more has been imposed, that a contractor has violated any state law or regulation pertaining to the protection of fresh water wetlands (chapter 1 of title 2), coastal wetlands, (chapter 23 of title 46), air quality (chapter 23 of title 23), water quality (chapter 12 of title 46), the installation of individual sewage disposal systems (chapter 17.1 of title 42), the handling and/or disposal of solid waste (chapter 19 of title 23) or hazardous waste (chapter 19.1 of title 23), whether or not such violation has any relation to the contract to be terminated.(c) The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services for the convenience of the contractor, and/or the state.History of Section.P.L. 1989, ch. 526, § 2; P.L. 1998, ch. 461, § 1.