Rhode Island Code of Regulations › Title 805 - Capital Center Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Capital Center Commission for the Procurement of Supplies, Services and Legal Counsel (805-RICR-00-00-1) › Section 805-RICR-00-00-1.2 - Definitions

Current through June 14, 2024
A. The words defined in this section shall have the meanings set forth below wherever they appear in these Rules, unless the context in which they are used clearly requires a different meaning.
1. "Change order" means a written order signed by the Chief Purchasing Officer directing the contractor to make changes which the changes clause of the contract authorizes the Chief Purchasing Officer to order without the consent of the contractor.
2. "Chief Purchasing Officer" means the executive director of the Commission acting with the consent of the Commission.
3. "Contract" means all types of agreements, including orders, for the purchase or disposal of supplies and services. It shall include awards; contracts of a fixed-price, cost, cost-plus-a fixed fee, or incentive type contract; contracts providing for the issuance of job or task orders; leases; letter contracts and purchase orders. "Contract" shall include supplemental agreements with respect to any of the foregoing. "Contract" does not include any labor contract with employees of the Commission.
4. "Contract modification" means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.
5. "Contractor" means any person who is a party to a contract with the Commission.
6. "Cost-reimbursement contract" means a contract under which the Commission reimburses the contractor for those contract costs within a stated ceiling, which are allowable and allocable under cost principles provided for in §
											1.8(A)     of this Part, and a fixed fee, if any.
7. "Department of Administration" means the Department of Administration of the State.
8. "Equal Opportunity Office" means the equal opportunity office of the Department of Administration.
9. "Established catalogue price" means the price included in the most current catalogue, price list, schedule, or other form that:
a. Is regularly maintained by the manufacturer or vendor of an item; and
b. Is either published or otherwise available for inspection by customers; and
c. 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
d. States prices which are obtained from the most recent industry-wide publications and informational journals if any.
10. "Evaluated bid price" means 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.
11. "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in §1.5.1(B) of this Part.
12. "May" shall be deemed to be permissive and not directory.
13. "Negotiation" means contracting by any of the methods set forth in §§1.5.1(C), (D),  or (E) of this Part.
14. "Office of the Commission" means 30 Exchange Terrace, Providence, Rhode Island, or such other principal office of the Commission located in the City of Providence, State of Rhode Island as the Commission may from time to time determine.
15. "Person" means any business, individual, organization or group of individuals.
16. "Procurement" means the purchasing, buying, renting, leasing or otherwise obtaining of any supplies, services, or construction. It shall also include all functions that pertain to the obtaining of any supply, service or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
17. "Purchasing Agent" means the purchasing agent of the State appointed pursuant to R.I. Gen. Laws §
											37-1-1.
18. "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in §§1.5.1(C), (D) and (E) of this Part.
19. "Responsible bidder or offeror" means a qualified bidder who has the capability in all respects, including professional competence and the financial responsibility, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
20. "Responsible bidder" means a person who has submitted a bid or proposal which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract. A bidder who submits a bid based on alternative specifications to those contained in the invitation to bid will be responsive only if, in the judgment of the Chief Purchasing Officer, the alternative specifications meet the performance objectives of the Commission with respect to the item or service to be purchased and the invitation to bid states that alternative specifications will be considered.
21. "Services" means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. "Services" does not include labor contracts with employees of state agencies.
22. "Shall" shall be deemed to be directory and imperative.
23. "Small business" means a person, partnership, corporation or other form of business entity independently owned and operated, not dominant in its field and which employs 500 or fewer employees and has its principal place of business in the State.
24. "State" means the State of Rhode Island and Providence Plantations and any of its departments or agencies and public agencies.
25. "Supplemental agreement" means any contract modification which is accomplished by the mutual action of the parties.
26. "Supplies" means all property, including, but not limited to leases of real property (other than leases of real property by or to the State), printing and insurance, except land or permanent interest in land.