reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16.1 - State Contractors with Private Employers Providing Service Personnel › Section 36-16.1-2. - Void contracts.

§ 36-16.1-2. Void contracts.
Any agreement or contract which is made contrary to or in violation of the provisions of § 36-16.1-1 shall be null and void, shall have no force and effect, and no payment thereunder shall be made by the state or the Rhode Island public transit authority.
History of Section.
P.L. 1988, ch. 326, § 1; P.L. 1991, ch. 122, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16.1 - State Contractors with Private Employers Providing Service Personnel › Section 36-16.1-3. - Prison labor.

§ 36-16.1-3. Prison labor.
The provisions of §§ 36-16.1-1 and 36-16.1-2 shall not apply to the use of inmate labor which is provided to any state department and is performed at a state owned or operated facility.
History of Section.
P.L. 1994, ch. 70, art. 24, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-16.2 - Quasi Public Corporations — Longevity › Section 36-16.2-1. - Longevity payments — Quasi public employees.

§ 36-16.2-1. Longevity payments — Quasi public employees.
(a)
Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for employees of the quasi-public corporations; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the amount of the longevity payment earned by the employee for the last pay period in June, 2011 shall be added to the employee’s base salary as of June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter of the last pay period in June or the last pay period prior to the expiration of the applicable collective bargaining agreement shall be added to the employee’s base salary as of June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
(b)
For purposes of this section “quasi-public corporation” means a body corporate and politic acting as a public corporation, which has been organized pursuant to law and granted certain powers, rights and privileges by the general laws, while exhibiting a distinct legal existence from the state, and not constituting a department of the state government, in order to perform a governmental function.
History of Section.
P.L. 2011, ch. 151, art. 8, § 6.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-1 - Acceptance of Gifts › Section 37-1-1. - Acceptance by director of administration — Report to general assembly.

§ 37-1-1. Acceptance by director of administration — Report to general assembly.
Whenever any grant, devise, bequest, donation, gift, or assignment of money, bonds, or choses in action, or any property, real or personal, shall be made to this state, the director of administration is hereby authorized, if he or she shall deem it for the best interests of the state, to receive and accept the same so that the right and title to the same shall pass to this state; and those bonds, notes, or choses in action, or the proceeds thereof, and all other property, or thing of value, so received by the state, shall be reported by the governor to the general assembly.
History of Section.
P.L. 1909, ch. 448, § 1; P.L. 1910, ch. 527, § 1; G.L. 1923, ch. 20, § 7; G.L. 1938, ch. 6, § 7; G.L. 1956, § 37-1-1; P.L. 1989, ch. 126, art. 22, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-1. - Purchasing agent — Appointment — Duties.

§ 37-2-1. Purchasing agent — Appointment — Duties.
Within the department of administration there shall be a purchasing agent who shall be appointed by the chief purchasing officer with the approval of the governor, and who shall now and hereafter be in the classified service of the state. The purchasing agent shall exercise the powers and duties as set forth in this chapter.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-2. - General provisions.

§ 37-2-2. General provisions.
(a)
This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b)
The underlying purposes and policies of this chapter are to:
(1)
Simplify, clarify, and modernize the law governing purchasing by the state of Rhode Island and its local public agencies;
(2)
Permit the continued development of purchasing policies and practices;
(3)
Make as consistent as possible the purchasing laws among the various states;
(4)
Provide for increased public confidence in the procedures followed in public procurement;
(5)
Insure the fair and equitable treatment of all persons who deal with the procurement system of the state;
(6)
Provide increased economy in state and public agency procurement activities by fostering effective competition;
(7)
Provide safeguards for the maintenance of a procurement system of quality, integrity and highest ethical standards; and
(8)
Ensure that a public agency, acting through its existing internal purchasing function, adheres to the general principles, policies and practices enumerated herein.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-3. - Supplemental general principles of law — Obligation of good faith.

§ 37-2-3. Supplemental general principles of law — Obligation of good faith.
(a)
Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, Title 6A, the law merchant, and the law of contracts, including, but not limited to, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy, shall supplement these provisions.
(b)
Every contract or duty under this chapter shall impose upon both parts the obligation of good faith in its performance and/or enforcement. “Good faith” shall mean honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-4. - Applicability.

§ 37-2-4. Applicability.
This chapter shall apply to every expenditure of public funds by any state governmental entity except as otherwise provided by law, by this state, or a public agency under any contract or like business agreement, excepting only those contracts or like business agreements where the state purchases goods or services from its political subdivisions or other governmental entities. It shall also apply to the disposal of state supplies. Nothing in this chapter or in the regulations promulgated hereunder shall prevent any state governmental entity from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement except where such terms and conditions may conflict with requirements of law, including, but not limited to, the provisions of this chapter regarding competitive procurement.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-5. - Severability — Construction against implicit repealer.

§ 37-2-5. Severability — Construction against implicit repealer.
(a)
If any provision of this chapter or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are declared to be severable.
(b)
Since this chapter is a general act intended to provide model coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-6. - Determinations.

§ 37-2-6. Determinations.
Every determination required by this chapter shall be in writing and based upon written findings of fact by the public official making the determination. These determinations and written findings shall be retained in an official contract file in the office of the chief purchasing office, the using agency, or public agency administering the contract.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-8. - Rhode Island foodstuffs.

§ 37-2-8. Rhode Island foodstuffs.
When foodstuffs of good quality grown or produced in Rhode Island by Rhode Island farmers are available, the purchasing agent is directed to purchase those foodstuffs at the prevailing market prices when any of those foodstuffs are required by the state institutions.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-9.1. - Bidder registration fee.

§ 37-2-9.1. Bidder registration fee.
The chief purchasing officer may adopt regulations to establish an annual fee, of not less than twenty-five dollars ($25.00), which shall be paid by all potential bidders requesting to subscribe to solicitation mailings for public bids for specific types of supplies, services, and construction during a fiscal year, and may waive that fee for Rhode Island firms. Additionally, the chief purchasing agent officer may delegate to the purchasing agent the authority to waive that fee for an individual solicitation and to include unregistered bidders in the solicitation in the interest of expanding competition. Nothing herein shall prevent any interested party from submitting a bid in response to any solicitation of which they become aware.
History of Section.
P.L. 1993, ch. 138, art. 75, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-10. - Distribution of procurement activities.

§ 37-2-10. Distribution of procurement activities.
The chief purchasing officer may provide for the distribution of the department’s procurement activities and functions among the various divisions within the department.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-11. - Authority and duties of the purchasing agent.

§ 37-2-11. Authority and duties of the purchasing agent.
The purchasing agent shall have the following authority and responsibilities:
(1)
To serve as the central procurement and contracting agency of the state;
(2)
To recommend regulations, rules, and procedures to the chief purchasing officer; and
(3)
To purchase or otherwise acquire, or, with the approval of the chief purchasing officer, to delegate the purchase and acquisition of all supplies, services, and construction for the state.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-12. - Centralization of the procurement authority.

§ 37-2-12. Centralization of the procurement authority.
(a)
All rights, powers, duties, and authority relating to the procurement of supplies, services, and construction, and the management, control, warehousing, sale, and disposal of supplies, services, and construction now vested in or exercised by any state agency under the several statutes relating thereto are hereby transferred to the chief purchasing officer as provided in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the centralized purchasing of the state but the public agency, through its existing internal purchasing function, shall adhere to the general principles, policies and practices set forth in this chapter.
(b)
The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and collect from state contractors, listed on master-price agreements, a statewide contract administrative fee not to exceed one percent (1%) of the total value of the annual spend against a contract awarded to a state contractor. All statewide contract administrative fees collected pursuant to this subsection shall be deposited into a restricted-receipt account within the general fund designated as the “division of purchases administrative-fee account” and shall be used for the purposes of implementing technology for the submission and processing of bids, online vendor registration, bid notification, and other costs related to state procurement. On or before January 15, 2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall file a report with the governor, the speaker of the house, and the president of the senate detailing:
(i)
The total amount of funds collected and deposited into the division of purchases administrative-fee account for the most recently completed fiscal year;
(ii)
The account balance as of the date of the report;
(iii)
An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and
(iv)
An annual evaluation as to the appropriateness of the amount of the contract administrative fee on master-price agreements.
(c)
Subject to the approval of the director of the department of administration, the state controller is authorized to offset any currently recorded outstanding liability on the part of developmental disability organizations (DDOs) to repay previously authorized startup capital advances against the proceeds from the sale of group homes within a fiscal year prior to any sale proceeds being deposited into the information technology restricted receipt account established pursuant to § 42-11-2.5(a).
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2017, ch. 302, art. 7, § 11; P.L. 2023, ch. 79, art. 2, § 5, effective June 16, 2023.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-13. - Procurement regulations.

§ 37-2-13. Procurement regulations.
(a)
Within sixty (60) days after July 1, 1989, the chief purchasing officer shall promulgate the initial state purchasing regulations in accordance with current policies and procedures. The initial regulations may be promulgated on an interim basis and shall be promulgated on a final basis in accordance with chapter 35 of title 42.
(b)
All additions, deletions, or other modifications of the final purchasing regulations issued pursuant to subsection (a) of this section shall be promulgated by the chief purchasing officer in accordance with any applicable provisions of this chapter and chapter 35 of title 42.
(c)
The chief purchasing officer shall not delegate his or her power to issue the state purchasing regulations under subsections (a) and (b) of this section to any other person or agency and no state purchasing regulations shall be issued except as approved by the chief purchasing officer.
(d)
No state purchasing regulation shall change in any way a contract commitment by the state nor of a contractor to the state which was in existence on the effective date of the regulation.
(e)
The provisions of state purchasing regulations promulgated as authorized herein shall be considered to be incorporated by operation of law in all state contracts.
(f)
Contract provisions and contracts entered into in violation of regulations shall be void ab initio.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-13.1. - Procurement regulations — Request for proposal.

§ 37-2-13.1. Procurement regulations — Request for proposal.
(a)
No request for proposal shall change to a master-price agreement unless the request for proposal is cancelled and reissued as a master price agreement.
(b)
No vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor may bid on a request for proposal if that person or entity has or had any contractual, financial, business, or beneficial interest with the state or with any official, officer, or agency in charge of the request or if they participated or were consulted with respect to the requirements, technical aspects, or any other part of the formation and promulgation of the request for proposals. Further, no person or entity who or that acts as an operator or vendor for the state may participate in any request for proposal relating to any audit, examination, independent verification, review, or evaluation of any of the person’s or entity’s work, financials or operations performed for or on behalf of the state, or any official, officer, or agency.
(c)
Persons or entities certified as “sole source” providers under § 37-2-21 shall be exempt from the requirements of subsection (b) of this section.
(d)
Any person or entity submitting a proposal in response to a request for proposal shall make a written certification attesting under the penalty of perjury that the terms of subsection (b) of this section have been complied with or that the person or entity is exempt under subsection (c) of this section.
History of Section.
P.L. 2022, ch. 350, § 1, effective June 29, 2022; P.L. 2022, ch. 351, § 1, effective June 29, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-14. - Relationship with user agencies.

§ 37-2-14. Relationship with user agencies.
The purchasing agent shall maintain a close and cooperative relationship with the using agencies of the state. Any using agency may at any time make recommendations concerning procurement to the purchasing agent.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-15. - Source selection and contract formation — Statutory provisions.

§ 37-2-15. Source selection and contract formation — Statutory provisions.
As used in this chapter unless the context in which they are used clearly requires a different meaning:
(1)
“Cost-reimbursement contract” shall mean a contract under which the state reimburses the contractor for those contract costs, within a stated ceiling, which are allowable and allocable in accordance with cost principles (as provided in § 37-2-43), and a fixed fee, if any.
(2)
“Established catalogue price” shall mean the price included in the most current catalogue, price list, schedule, or other form that:
(i)
Is regularly maintained by the manufacturer or vendor of an item;
(ii)
Is either published or otherwise available for inspection by customers;
(iii)
States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item; and
(iv)
States prices which are obtained from the most recent industry wide publications and informational journals if any.
(3)
“Evaluated bid price” shall mean the dollar amount of a bid, after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.
(4)
“Invitation for bids” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in §§ 37-2-18 and 37-2-18.1.
(5)
“Request for proposals” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this chapter.
(6)
“Responsible bidder or offeror” shall mean a qualified bidder or offeror who has the capability in all respects, including financial responsibility, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
(7)
“Responsive bidder or offeror” shall mean a person who has submitted a bid or offer which conforms in all material respects to the invitation for bids or proposals, so that all bidders or offerors may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
(8)
“Request for qualifications” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting qualifications of offerors prior to or during the solicitation of bids or proposals.
(9)
“Reverse Auction” shall mean a bid competition where the lowest responsive and responsible bidder wins the auction.
(10)
“Auctioneer” shall mean a business or organization that conducts an electronic reverse auction.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2005, ch. 296, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-17. - Method of source selection.

§ 37-2-17. Method of source selection.
Except for purchases solicited pursuant to the provisions for small purchases set forth in § 37-2-22, all state contracts and purchases shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in § 37-2-17.1. Except as otherwise authorized by law, all state contracts shall be awarded by:
(1)
Competitive sealed offers, pursuant to § 37-2-18;
(2)
Competitive negotiation, pursuant to §§ 37-2-19 and 37-2-20;
(3)
Noncompetitive negotiation, pursuant to § 37-2-21;
(4)
Small purchase procedures, pursuant to § 37-2-22; or
(5)
Reverse auctions, pursuant to § 37-2-18.1.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1; P.L. 1996, ch. 279, § 2; P.L. 1999, ch. 367, § 1; P.L. 2005, ch. 296, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-17.1. - Rhode Island vendor information program (RIVIP).

§ 37-2-17.1. Rhode Island vendor information program (RIVIP).
(a)
The chief purchasing officer is directed to institute an electronic vendor information program which shall enable all invitations for bid and requests for a proposal to be accessed electronically by all potential vendors. This program is to be readily accessible through public access stations located at the following locations:
(1)
One Capitol Hill, Providence, Rhode Island;
(2)
City hall, town hall or public library of each of the thirty-nine (39) cities and towns in the state.
(b)
Further, the vendor information program shall be accessible to potential vendors through means of computer modem.
(c)
The chief purchasing officer may contract with auctioneers as defined in § 37-2-15(10) to conduct electronic reverse auctions, provided that notification of the opportunity to participate in the auction is posted on the RIVIP in accordance with the requirements of § 37-2-25.1.
History of Section.
P.L. 1994, ch. 137, § 2; P.L. 1996, ch. 279, § 2; P.L. 2005, ch. 296, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-17.2. - Utilization of department of administration Rhode Island vendor information program (RIVIP).

§ 37-2-17.2. Utilization of department of administration Rhode Island vendor information program (RIVIP).
All public agencies as defined by § 37-2-7(16) shall utilize the RIVIP established by the chief purchasing officer for state agencies (director of the department of administration) to implement the requirements of §§ 37-2-17 and 37-2-17.1. The director of administration shall be authorized to assess prorated charges to public agencies to offset costs for acquisition of equipment, computer and other development, consultant services, installation of equipment, software, communications lines, initial and ongoing training and outreach, maintenance and any other costs of implementing and operating the department of administration RIVIP.
History of Section.
P.L. 1996, ch. 279, § 3.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-18.1. - Reverse auctions.

§ 37-2-18.1. Reverse auctions.
(a)
Contracts exceeding the amount provided by § 37-2-22 may be awarded by electronic reverse auctions when it is determined in writing by the chief purchasing officer that the state will obtain a better value with this method than with a competitive sealed bid process. Factors to be considered in determining whether electronic reverse auctions shall be utilized shall include:
(1)
Whether specifications can be prepared that permit electronic posting of bid solicitations and secure receipt of electronic bids; and
(2)
The cost for preparing and executing the auction; and
(3)
Whether conditions are such that the commodities or services to be purchased are appropriately competitive.
(b)
All reverse auctions shall be conducted electronically using real-time, on-line bidding procedures. These procedures shall include the following:
(1)
Participation as a bidder shall be subject to a prequalification process conducted in accordance with the provisions of § 37-2-25.1.
(2)
The solicitation shall designate both an opening date and time and a closing date and time. The closing date and time may be dependent on a variable or variables specified in the solicitation. At the opening date and time, the auctioneer shall begin accepting real-time, on-line bids. The solicitation shall remain open until the closing date and time.
(3)
Following receipt of the first bid after the opening date and time, all bid prices shall be posted electronically to the internet and updated on a real-time basis. At any time before the closing date and time, a bidder may offer a lower bid than the lowest bid of any bidder, including his own. A bidder’s lowest bid shall supersede any prior higher bid offered by that bidder. Bid prices may not be increased at any time after the opening date and time. All bids shall be binding and may not be withdrawn. If a price entered by the bidder is in error, the bidder must correct the bid within the time period and manner specified in the solicitation.
(4)
The invitation for bids shall state that the award shall be made on the basis of the lowest responsive bid price.
(c)
The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or responsive bid price.
(d)
Subsequent to the awarding of the contract, all documents pertinent to the awarding of the contract shall be made available and open to the public inspection and retained in the bid file.
History of Section.
P.L. 2005, ch. 296, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-18.2. - Exemption from competitive bidding.

§ 37-2-18.2. Exemption from competitive bidding.
The three (3) public institutions of higher education (the University of Rhode Island, Rhode Island College and the Community College of Rhode Island) shall be exempt from the competitive bidding process provisions of this chapter for research or research related activity funded with federal funds or other third-party funds subject to rules and regulations promulgated by the board of governors for higher education.
History of Section.
P.L. 2006, ch. 265, § 1; P.L. 2006, ch. 548, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-19. - Competitive negotiation.

§ 37-2-19. Competitive negotiation.
(a)
When, under regulations issued by the chief purchasing officer, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation.
(b)
Adequate public notice of the request for proposals to be negotiated shall be given in the same manner as provided in § 37-2-18(c).
(c)
The request for proposals shall indicate the relative importance of price and other evaluation factors.
(d)
Written or oral discussions may be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors.
(e)
An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. Discussions need not be conducted if the purchasing agent makes a written determination concerning one or more of the following:
(1)
With respect to prices, where the prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;
(2)
Where time of delivery or performance will not permit discussions; or
(3)
Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 458, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-20. - Negotiations after unsuccessful competitive sealed bidding.

§ 37-2-20. Negotiations after unsuccessful competitive sealed bidding.
(a)
In the event that all bids submitted pursuant to competitive sealed bidding under § 37-2-18 result in bid prices in excess of the funds available for the purchase and the chief purchasing officer determines in writing:
(1)
That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder, and
(2)
The best interest of the state will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 37-2-18, then a negotiated award may be made as set forth in subsection (b) or (d) of this section.
(b)
Where there is more than one bidder, competitive negotiations, pursuant to § 37-2-19, shall be conducted with the three (3) (or two (2) if there are only two (2)) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:
(1)
If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; and
(2)
A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
(c)
Contracts may be competitively negotiated when it is determined in writing by the purchasing agent that the bid prices received by competitive sealed bidding were not independently reached in open competition, and for which:
(1)
Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and
(2)
The negotiated price is lower than the lowest rejected bid by any competitive bidder; and
(3)
The negotiated price is the lowest negotiated price offered by a competitive offeror.
(d)
When, after competitive sealed bidding, it is determined in writing that there is only one responsive and responsible bidder, a negotiated award may be made with the bidder subject to the provisions of § 37-2-28.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-21. - Noncompetitive procurements.

§ 37-2-21. Noncompetitive procurements.
(a) Sole source.
A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the chief purchasing officer or purchasing agent, determines, in writing, that there is only one source for the required supply, service, or construction item.
(b) Emergency.
Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in the regulations; provided, that the emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.
(c) Noncompetitive negotiation after competitive solicitation.
Contracts issued under procedures set forth in §§ 37-2-19, 37-2-20 and 37-2-59 — 37-2-72 may be negotiated with the successful vendor(s) subject to the provisions of § 37-2-28. A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-22. - Small purchases.

§ 37-2-22. Small purchases.
Procurements, not to exceed an aggregate amount of twenty-five thousand dollars ($25,000) for construction and ten thousand dollars ($10,000) for all other purchases may be made in accordance with small purchase regulations promulgated by the chief purchasing officer. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1; P.L. 1999, ch. 367, § 1; P.L. 2023, ch. 276, § 1, effective December 31, 2023; P.L. 2023, ch. 277, § 1, effective December 31, 2023.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-23. - Cancellation of invitation for bids and requests for proposals.

§ 37-2-23. Cancellation of invitation for bids and requests for proposals.
An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined, in writing, that the cancellation or rejection is taken in the best interest of the state and approved by the chief purchasing officer.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-24. - Responsibilities of bidders and offerors.

§ 37-2-24. Responsibilities of bidders and offerors.
(a)
A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer.
(b)
A reasonable inquiry to determine the financial strength and responsibility of a business which is a bidder or offeror shall be conducted. The failure of a bidder or offeror to promptly supply information in connection with the inquiry, including, but not limited to, financial statements and business references, shall be grounds for a determination of nonresponsibility with respect to that bidder or offeror.
(c)
Said financial analysis may include the review of the business by a nationally recognized commercial credit reporting bureau. A consistent policy for ordering credit bureau reports shall be developed and approved by the chief purchasing officer.
(d)
Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the division of state purchasing or the purchasing agency administering the contract without prior written consent of the bidder or offeror.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-25. - Prequalification of contractors — General.

§ 37-2-25. Prequalification of contractors — General.
The chief purchasing officer may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors of the supplies, services, and construction shall include but need not be limited to prequalified contractors. Prequalification shall not foreclose a written determination:
(1)
Between the time of the bid opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible; or
(2)
That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-25.1. - Prequalification of vendors for electronic reverse auctions.

§ 37-2-25.1. Prequalification of vendors for electronic reverse auctions.
(a)
Potential bidders shall be prequalified for participation in each electronic auction.
(b)
A request for qualifications shall be issued stating the intent to conduct a reverse auction in accordance with the provisions of § 37-2-18.1. The request for qualifications shall identify the goods and services to be purchased and the criteria to be used to determine how many and/or which bidders will be selected to participate in the reverse auction. All requests for qualifications shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in § 37-2-17.1.
(c)
Participants shall be selected based on the criteria set forth in the request for qualifications, including agreement to any terms, conditions or other requirements of the solicitation. Written or oral discussions may be conducted with all responsible vendors determined in writing to be reasonably susceptible of being selected for award.
(d)
Prior to the execution of the auction potential bidders shall be required to receive instruction on the use of the selected electronic bidding procedure. Only bidders who successfully complete the training phase of prequalification shall be permitted to participate in the electronic reverse auction specified in the request for qualifications.
History of Section.
P.L. 2005, ch. 296, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-26. - Prequalification of contractors — Roads — Department of transportation.

§ 37-2-26. Prequalification of contractors — Roads — Department of transportation.
Prequalification for a contractor who bids on road work for the department of transportation shall be as follows:
(1)
A list of equipment in his or her possession and which he or she proposes to use on the contract if awarded to him or her.
(2)
The name and qualifications of his or her superintendent or supervisory personnel to be assigned to the major features of the work.
(3)
His or her financial references and an original copy of his or her current financial statement.
(4)(i)
The successful contractor is required to submit to the Rhode Island department of transportation for approval, executed contract agreement(s) between the contractor and the qualified DBE to be utilized during the performance of the work.
(ii)
Prior to submitting the above, any subcontractor and/or supplier must first receive subcontract approval by the Rhode Island department of transportation.
(5)(i)
Provide the number of proposed trainees to be trained in each classification and training programs as stated in the required contract provisions for federal aid projects (training special provisions page 15 par. 3).
(ii)
The above requirement will be submitted to the Rhode Island department of transportation external equal employment opportunity office for approval.
(6)
The name of the individual who will act as the equal employment opportunity officer for this company.
(7)
Four (4) copies on the company’s letterhead of certification of nondiscrimination in equal employment opportunity.
(8)
The successful contractor shall provide the names of proposed subcontractors and the phase and extent of the work which they will perform. If any have not performed similar work for this state, supply experience records for similar types of work performed elsewhere.
(9)
Copies of letters directly from the contractor’s bonding and insurance companies indicating their willingness to furnish the required bonds and insurance.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1997, ch. 326, § 158.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-27. - Prequalification — Construction management.

§ 37-2-27. Prequalification — Construction management.
A person who bids on a construction management contract shall provide the following information, which information shall constitute the prequalifications for a construction management contract.
(1)
Firm history.
(i)
Name of the firm.
(ii)
Location of principal and branch offices.
(iii)
Length of time in business.
(iv)
Firm ownership structure.
(v)
Annual construction management volume for each of the past five (5) years including number of projects and total construction volume.
(2)
Personnel.
(i)
Total number of the firm’s personnel, other than secretarial/clerical, by professional or skill group.
(ii)
Outside firms which will be used to provide such services as estimating, value engineering analysis, scheduling, or computer services.
(3)
Experience.
(i)
Projects which the firm has constructed during the past five (5) years, including, those where the firm has served as construction manager including the project name and address, year completed, type of project, construction cost and reference.
(4)
Project staffing.
(i)
The firm’s proposed management staff for the project including an organizational chart identifying the firm’s key staff members and showing how each staff member interacts with other staff members assigned to the project.
(ii)
Detailed resume for each key staff member which summarizes education, professional registration, professional society membership, construction experience, and construction management project experience.
(5)
Services.
(i)
Scope of preconstruction phase services, including how those services are provided, with specific attention to the first budget estimate, methods of cost control, scheduling, value engineering, and the method of reporting project status and schedule position.
(ii)
Scope of construction phase services and how those services are to be provided.
(iii)
The firm’s method of working with the project architects, engineers, consultants, and other planning team members.
(iv)
The firm’s method of coordinating the efforts of the various trade contractors.
History of Section.
P.L. 1989, ch. 526, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-27.2. - Procurement of construction manager at-risk services — Owner’s program manager.

§ 37-2-27.2. Procurement of construction manager at-risk services — Owner’s program manager.
(a)
In order to bring the experience and knowledge necessary to maximize the benefits of the construction manager at-risk method of construction management, a using agency shall procure an owner’s program manager as set forth in § 37-2-7(32) prior to procuring a construction manager at-risk. The owner’s program manager shall have at least seven (7) years experience in the construction and supervision of the construction of buildings of similar size and complexity. The owner’s program manager shall not have been employed during the preceding year by the design firm, the construction management at-risk firm, and/or the subcontractors associated with the project.
(b)
Notwithstanding any other provision of this section or of the general or public laws to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in § 35-20-5(4) and public agencies as defined in § 37-2-7(16), 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; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.