reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-44. - Cost and pricing principles — Regulations required.

§ 37-2-44. Cost and pricing principles — Regulations required.
The chief purchasing officer shall issue regulations setting forth cost principles which shall be used:
(1)
As guidelines in the negotiation of:
(i)
Estimated costs of fixed prices when the absence of open marker competition precludes the use of competitive sealed bidding;
(ii)
Adjustments for state-directed changes or modifications in contract performances; and
(iii)
Settlements of contracts which have been terminated.
(2)
To determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs; and
(3)
As appropriate in any other situation where the determination of the estimated or the incurred costs of performing contracts may be required.
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 37-2-45. - Supply disposition process.

§ 37-2-45. Supply disposition process.
The chief purchasing officer shall sell or otherwise dispose of all property of the state which is not needed, or has become unsuitable for public use, or would be more suitably consistent with the public interest for some other use, as determined by the chief purchasing officer. The disposal of real property shall be subject to the approval of the state properties committee and pursuant to the provisions of chapter 7 of this title. The determination of the chief purchasing officer shall be set forth in an order and shall be reached only after review of a written request by the agency desiring to dispose of the property. The request shall describe the property and state the reasons why the agency believes disposal should be effected. All instruments, required by law to be recorded, which convey any interest in any of the real property so disposed of shall be executed and signed by the acquiring authority pursuant to the provisions of chapter 7 of this title.
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 37-2-46. - Authority to resolve contract and breach of contract controversies.

§ 37-2-46. Authority to resolve contract and breach of contract controversies.
Prior to the institution of arbitration or litigation concerning any contract, claim, or controversy, the chief purchasing officer is authorized, subject to any limitations or conditions imposed by regulations, to settle, compromise, pay, or otherwise adjust the claim, by or against, or controversy with a contractor relating to a contract entered into by the department of administration on behalf of the state or any state agency, including a claim or controversy based on contract, mistake, misrepresentation, or other cause for contract modification or rescission, but excluding any claim or controversy involving penalties or forfeitures prescribed by statute or regulation where an official other than the chief purchasing officer is specifically authorized to settle or determine the controversy.
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 37-2-47. - Failure to render timely decisions.

§ 37-2-47. Failure to render timely decisions.
This section shall apply to a claim or controversy arising under contracts between the state and its contractors. If the claim or controversy is not resolved by mutual agreement, the chief purchasing officer or his or her designee, shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the contractor. If the chief purchasing officer does not issue a written decision within thirty (30) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received.
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 37-2-49. - Disputes and appeals procedure.

§ 37-2-49. Disputes and appeals procedure.
(a)
Section 37-2-48 shall apply only to contracts that are not arbitrable under the provisions of chapter 16 of this title.
(b)
Any person, firm, or corporation having a lawfully authorized written contract with the state at the time of or after January 1, 1990 may bring an action against the state on the contract, including, but not limited to, actions either for breach of contract, enforcement of contract, or both. Any claim shall be commenced in superior court within three (3) years from the date of completion specified in the contract and shall be tried by the court sitting without a jury. The case shall receive a priority position on the calendar. All defenses in law or equity, except the defense of governmental immunity, shall be preserved to the state.
(c)
The court shall enter its findings as a judgment of the court and the judgment shall have the same effect and be enforceable as any other judgment of the court in civil cases, subject to the provisions of this chapter.
(d)
Appeals may be taken to the supreme court under the same conditions and under the same practice as appeals are taken from judgments in civil cases rendered by the superior court.
(e)
If damages awarded on any contract claim under this section exceed the original amount of the contract, the excess shall be limited to an amount which is equal to the amount of the original contract.
(f)
No person, firm, or corporation shall be permitted more than one money recovery upon a claim for the enforcement of or for breach of contract with 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 37-2-50. - Settlement of dispute.

§ 37-2-50. Settlement of dispute.
(a)
The first five hundred thousand dollars ($500,000) of any arbitration award or superior court judgment against the state awarding damages on a contract claim under the provisions of this chapter shall be a necessary governmental expense. Payment shall be approved by the chief purchasing officer and paid by the state treasurer out of the general fund upon warrants drawn by the chief purchasing officer. Appropriations for these judgments shall be continued appropriations.
(b)
The governor shall request an appropriation from the next regular session of the general assembly for the purpose of satisfying all awards and judgments granted during the preceding two (2) fiscal years which are not satisfied under subsection (a) of this section.
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 37-2-51. - Decision presumed to be correct.

§ 37-2-51. Decision presumed to be correct.
The decision of any official, board, agent, or other person appointed by the state concerning any controversy arising under or in connection with the solicitation or award of a contract shall be entitled to a presumption of correctness. The decision shall not be disturbed unless it was: procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; made upon unlawful procedure; affected by other error or law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; arbitrary; capricious; characterized by an abuse of discretion; or clearly unwarranted exercise of discretion.
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 37-2-52. - Authority to resolve protests.

§ 37-2-52. Authority to resolve protests.
(a)
The chief purchasing officer or his or her designee shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract.
(b)
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the chief purchasing officer. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after the aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.
(c)
The chief purchasing officer shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.
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 37-2-53. - Written determination for continuation of the procurement.

§ 37-2-53. Written determination for continuation of the procurement.
In the event of a protest timely filed under § 37-2-52(b), the state shall not proceed further with the solicitation or award involved until the chief purchasing officer makes a written and adequately supported determination that continuation of the procurement is necessary to protect a substantial interest of 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 37-2-55. - Imprest fund.

§ 37-2-55. Imprest fund.
(a)
Subject to the provisions of this chapter, any budget unit, when provided for by appropriation or when authorized by the department of administration, may establish one or more imprest cash funds for the purpose of making disbursements requiring prompt cash outlay and to carry out the provisions of this chapter. The state treasurer, upon warrants of the chief purchasing officer based upon a requisition from the head of the budget unit, shall pay to the head of that budget unit the amount necessary to establish an imprest fund.
(b)
A custodian shall be designated by the head of the budget unit and certified by the department of administration after appropriate instruction and testing as qualified to administer the fund. The custodian shall, as often as may be necessary to replenish the fund and at least once each month, file with the chief purchasing officer a schedule of the disbursements from the fund, accompanied by appropriate vouchers and statements of indebtedness therefor approved by the head of the budget unit, and by a certificate as to the condition of the fund. The amount of the total of the approved voucher shall be paid to the custodian of the fund on the warrant of the chief purchasing officer and the amount shall be devoted to reimbursement of the fund. Any question relative to the amount to be allowed in any imprest cash fund, the expenditure thereof, the accounting therefor, and the repayment thereof to the state treasurer, shall be determined by the chief purchasing officer.
(c)
The agency head shall be responsible for expenditures authorized from those funds and the custodian shall be responsible for administration of the fund. Each agency head and custodian shall be separately bonded in the amount by which the total authorization for the fund exceeds the state blanket bond for those officials.
(d)
A post-audit of each imprest fund shall be conducted.
(e)
Each imprest fund shall lapse with the appropriation on which it is based, but may be reestablished by appropriation for the next ensuing year or when authorized by the chief purchasing officer.
(f)
Where work is done on public projects by the state through the use of its own personnel or facilities, in whole or in part, which work is not subject to the provisions of law for competitive bidding, the budget unit having that work performed may, when authorized by the chief purchasing officer, establish an imprest cash fund for the purpose of defraying the expenses of the proposed project, which fund shall not exceed at any time an amount equal to twenty-five percent (25%) of the anticipated total cost of the project.
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 37-2-56. - Purchasing for municipalities and regional school districts.

§ 37-2-56. Purchasing for municipalities and regional school districts.
Any municipality or regional school district of the state may participate in state master price agreement contracts for the purchase of materials, supplies, services and equipment entered into by the purchasing agent, provided, however, that the contractor is willing, when requested by the municipality or school district, to extend the terms and conditions of the contract and that the municipality or school district will be responsible for payment directly to the vendor under each purchase contract. Unless a state contract is the result of an intergovernmental cooperative purchase contract to which a municipality or school district is a party, the purchasing agent shall not compel a successful bidder to extend the same terms and conditions to a municipality or school district. However, the purchasing agent may, in the interest of obtaining better pricing on behalf of the state and local entities, solicit offers based upon anticipated master price agreement utilization by municipalities and school districts.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2010, ch. 23, art. 13, § 6.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-56.1. - Repealed.

§ 37-2-56.1. Repealed.
History of Section.
P.L. 2011, ch. 151, art. 27, § 1; Repealed by P.L. 2011, ch. 392, § 1, effective July 13, 2011.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-57. - Repealed.

§ 37-2-57. Repealed.
History of Section.
P.L. 1989, ch. 526, § 2; Repealed by P.L. 1999, ch. 367, § 4, effective July 2, 1999.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-58. - Review of threshold amounts.

§ 37-2-58. Review of threshold amounts.
At least every three (3) years, the chief purchasing officer shall review the prevailing costs of labor and materials and may make recommendations to the next regular session of the general assembly for the revision of the then current threshold amounts contained in this chapter as justified by intervening changes in the cost of labor and materials.
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 37-2-59. - Professional services — Architectural, engineering, and consultant services — Committee.

§ 37-2-59. Professional services — Architectural, engineering, and consultant services — Committee.
(a)
It shall be the policy of this state to publicly announce requirements for architectural, engineering, and consultants services, which are reasonably estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for such professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.
(b)
Except for architectural, engineering and consultant services which can be solicited and awarded in accordance with the requirements for competitive sealed offers set forth in §§ 37-2-18 — 37-2-19 of this chapter, a selection committee shall select persons or firms to render such professional services. For state agency contracts, the committee shall consist of the following individuals: the purchasing agent, or his or her designee, as chairman; a representative of the user agency; and a public member, appointed by the governor, subject to the advice and consent of the senate, who shall represent the interests of the general public. The governor may appoint an alternate public member, subject to advice and consent of the senate, who shall represent the interests of the general public who shall serve in the absence of the public member. The term of the public member shall be concurrent with that of the governor. Three (3) members, one being the purchasing agent or his or her designee, shall constitute a quorum. A quorum must be present to conduct business.
(c)
The procurement of auditing and accounting services shall continue to be subject to the provisions of §§ 22-13-6 and 35-7-13.
History of Section.
P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 255, § 1; P.L. 2008, ch. 450, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-59.1. - Selection of professionals with place of business located in Rhode Island.

§ 37-2-59.1. Selection of professionals with place of business located in Rhode Island.
The state of Rhode Island has a large number of architectural, engineering, and consulting firms well qualified in their fields of endeavor. In instances where contracts are entirely supported by state funds, it is in the best interest of the state pursuant to the provisions of §§ 37-2-59 — 37-2-69 that all other things being equal, the services of these qualified and capable professionals with offices in Rhode Island, or secondly those professionals who propose a joint venture with a Rhode Island firm, be utilized.
History of Section.
P.L. 1995, ch. 83, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-2 - State Purchases › Section 37-2-60. - Public announcement of needed architectural, engineering, and consultant services.

§ 37-2-60. Public announcement of needed architectural, engineering, and consultant services.
The chief purchasing officer shall give public notice of the need for architectural, engineering, or consultant services which are reasonably estimated to exceed twenty thousand dollars ($20,000). The public notice shall be published sufficiently in advance of the date when responses must be received in order that interested parties have an adequate opportunity to submit a statement of qualifications and performance data. The notice shall contain a brief statement of the services required, describe the project, and specify how a solicitation containing specific information on the project may be obtained. The notice shall be published in a newspaper of general circulation in the state and in any other publications as in the judgment of the committee shall be desirable.
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 37-2-61. - Solicitation.

§ 37-2-61. Solicitation.
(a)
A solicitation shall be prepared which describes the state’s and/or public agency’s requirements and sets forth the evaluation criteria. It shall be distributed to interested persons.
(b)
For services reasonably estimated to exceed twenty thousand dollars ($20,000), the committee may require an informational conference be held which describes the criteria to be used in evaluating the statement of qualification, performance data, and selection of firms. Criteria shall include, but are not limited to:
(1)
Competence to perform the services as reflected by technical training and education; general experience; experience in providing the required services; and the qualifications and competence of persons who would be assigned to perform the services;
(2)
Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously;
(3)
Past performance as reflected by the evaluation of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; and
(4)
The proposed approach to the project, where applicable.
(c)
The scope of work shall be discussed and further defined at the bidder’s conference, including on-site visits, if appropriate.
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 37-2-62. - Evaluation of qualifications and performance data.

§ 37-2-62. Evaluation of qualifications and performance data.
(a)
The committee shall evaluate:
(1)
Statements that may be submitted in response to the solicitation of architectural, engineering, or consultant services; and
(2)
Statements of qualifications and performance data, if their submission was required.
(b)
All statements and statements of qualifications and performance data shall be evaluated in light of the criteria set forth in the solicitation for architectural, engineering, or consultant services.
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 37-2-63. - Selection of firms for discussion with chief purchasing officer — Final selection.

§ 37-2-63. Selection of firms for discussion with chief purchasing officer — Final selection.
(a)
The committee shall select no more than three (3) firms (or two (2) firms, if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, may be required to make a representative available to the chief purchasing officer or his or her designee at such time and place as he or she shall determine, to provide such further information as he or she may require.
(b)
The chief purchasing officer or his or her designee shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for state departments and agencies at compensation which the chief purchasing officer determines to be fair and reasonable to the state. In making the determination, the chief purchasing officer shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The chief purchasing officer shall be responsible for the final selection of the providers of architectural, engineering or consultant services and shall so inform the purchasing agent.
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 37-2-64. - Professional services — Architectural and engineering services — Public agency.

§ 37-2-64. Professional services — Architectural and engineering services — Public agency.
It shall be the policy of public agencies to publicly announce requirements for architectural and engineering services, which are reasonably estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for those professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.
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 37-2-65. - Public announcement of needed architectural, engineering or consultant services — Public agency.

§ 37-2-65. Public announcement of needed architectural, engineering or consultant services — Public agency.
The purchasing officer of the public agency shall give public notice of the need for architectural, engineering, or consultant services which are reasonably estimated to exceed twenty thousand dollars ($20,000). The public notice shall be published sufficiently in advance of the date when responses must be received in order that interested parties have an adequate opportunity to submit a statement of qualifications and performance data. The notice shall contain a brief statement of the services required, describe the project, and specify how a solicitation containing specific information on the project may be obtained. The notice shall be published in a newspaper of general circulation in the state and in such other publications as in the judgment of the committee shall be desirable.
History of Section.
P.L. 1989, ch. 526, § 2.