reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.2 - Applicability

Current through June 14, 2024
NBC is authorized, created and established as a public
					 corporation of the State of Rhode Island, having a distinct legal and fiscal
					 existence from State government, with powers as set forth in R.I. Gen. Laws
					 Chapters 46-25, 46-25.1 and 46-25.2, as amended, for the purposes of acquiring,
					 planning, constructing, extending, improving, operating and maintaining
					 publicly owned sewage treatment facilities in the NBC district as specifically
					 defined therein. All users, whether directly or indirectly connected to the
					 NBC's facilities, shall pay sewer use fees. Such fees shall include, but not be
					 limited to, residential and non-residential consumption and fixed fees,
					 pretreatment permit application fees, connection permit fees, sewer back-up
					 removal fees, septic tank waste discharge fees, surcharges and other
					 miscellaneous fees, charges and assessments as may be approved in accordance
					 with the NBC's governing legislation. All sewer use fees shall be applicable
					 throughout the entire Service Area served by the NBC and shall be in accordance
					 with rates and fees approved by the Public Utilities Commission pursuant to
					 R.I. Gen. Laws Chapters 39-1 and 39-3, as amended.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.3 - Definitions

Current through June 14, 2024
A. "Abatement meter" means a meter used to
				 monitor water flow that does not enter the NBC's facilities.
B. "Act" or "the Act" means the Narragansett
				 Bay Commission Act, R.I. Gen. Laws Chapters 46-25, 46-25.1 and 46-25.2, as
				 amended.
C. "Authorized employees"
				 or "Agents of the commission" means a person who, by reason of his or her
				 general position, contract, or job description with the NBC, has specific
				 duties and responsibilities to perform on behalf of the NBC.
D. "Authorized representative of user" means:
1. If the user is a corporation, "authorized
				 representative" means the President, a Vice-President, Secretary, or Treasurer
				 of the corporation in charge of a principal business function, or any other
				 person authorized to represent the corporation for financial
				 purposes.
2. If the user is a
				 partnership, association, or sole proprietorship, an "authorized
				 representative" means a general partner or the proprietor, or any other person
				 authorized to represent the partnership, association, or sole proprietorship
				 for financial purposes.
3. If the
				 user is an agent of or representing Federal, State, or local governments, an
				 "authorized representative" means a director or highest official appointed or
				 designated to oversee the operation and performance of the activities of the
				 government facility.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.4 - Consumption and Fixed Sewer Use Fees

Current through June 14, 2024
Consumption and fixed sewer use fees shall be assessed
					 against the recorded owner of any property directly or indirectly connected to
					 the NBC's facilities. This includes any property having a sewer system that may
					 be served by a combination of both the public sewers and a private system
					 (i.e., septic) where the NBC's facilities are available to the structure by
					 direct or indirect connection. Said owner shall be and is hereby deemed to be
					 in control of such direct or indirect connection and is deemed to be a user,
					 either actually or constructively, of the NBC's facilities.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.5 - Residential Consumption Sewer Use Fees

Current through June 14, 2024
A. The following
				 types of users shall be classified as "residential sewer users" and assessed a
				 consumption sewer user fee in accordance with rates set by the NBC and approved
				 by the PUC:
1. All structures containing six
				 (6) residential dwelling units or less.
2. All residential condominiums regardless of
				 the number of dwelling units per structure and/or meter.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.6 - Non-Residential Consumption Sewer Use Fees

Current through June 14, 2024
A. All structures
				 not classified as residential under §
										2.5     of this Part shall be
				 classified as non-residential users and assessed consumption fees in accordance
				 with rates set by the NBC and approved by the PUC. The non-residential
				 structures are classified as follows:
1.
				 Commercial - shall include any structure conducting a service business. This
				 shall include, but not be limited to:
a.
				 Residential structures with greater than six (6) dwelling units;
b. Office buildings;
c. Mixed-use structures combining residential
				 and non-residential uses. Any residential structure containing a commercial
				 use, such as a business or office, shall be considered a mixed-use structure
				 and will be billed at the commercial rate;
d. Halfway houses and/or boarding type
				 facilities where unrelated persons rent rooms;
e. Hospitals;
f. Commercial Laundromats;
g. Dry cleaners;
h. Restaurants;
i. Colleges and schools;
j. Hotels;
k. Nursing homes;
l. Retail and wholesale stores; or
m. Any other non-industrial or
				 non-residential structure.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.7 - Fixed Fee Based Sewer Use Fees

Current through June 14, 2024
A. Fixed fees shall
				 be rendered to property owners in accordance with the rates set by the NBC and
				 approved by the PUC:
1. Residential - Each
				 dwelling unit of a structure shall be assessed a fixed fee in accordance with
				 rates approved by the PUC, whether or not each unit is occupied.
2. Residential Well Customers - Each dwelling
				 unit of a structure shall be assessed a fixed fee only in accordance with rates
				 approved by the PUC.
3.
				 Non-Residential - Each structure shall be assessed a fixed fee based upon the
				 size of each input water meter(s) and/or output meter(s) in accordance with
				 rates and Terms and Conditions approved by the PUC.
4. Vacant Property - Vacant property shall be
				 subject to fixed fees as noted in §§
											2.7(A)(1),
				 (2), and (3) of this Part unless and until
				 the NBC staff confirms that the water service has been terminated or a dwelling
				 unit is uninhabitable (deemed to have no plumbing fixtures). It is the property
				 owner's duty to notify the NBC that the property is vacant or uninhabitable.
				 Credit for non-usage, if any, shall be given from the date of the NBC's
				 inspection.
5. Customers served by
				 compound meters will be assessed a fixed fee based on the size of the domestic
				 use dial in accordance with rates and Terms and Conditions approved by the
				 PUC.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.8 - Consumption Based Sewer Use Fees

Current through June 14, 2024
A. Consumption
				 based fees shall be rendered to property owners as usage data is made available
				 by the public water supplier or any other metered water source in accordance
				 with rates approved by the PUC.
1. Basis for
				 Consumption Fees
Consumption fees shall be based upon of the volume of water
					 entering the structure from a public water supply agency, non-residential
					 private well, steam facility, or other source. The consumption rate assumes
					 fifteen percent (15%) of the measured water usage is not discharged to the
					 NBC's facilities. All water sources must be metered except for residential
					 private wells. Where a property is not metered at the water source entering the
					 structure, or where a property is metered at the water source entering the
					 structure but there is an output meter, consumption fees shall be based upon
					 the volume of metered wastewater discharged directly or indirectly into the
					 NBC's facilities. The user fee rate for discharges from such properties shall
					 be charged in accordance with the rate and method set forth in Terms and
					 Conditions approved by the PUC. Installation and use of an output meter must be
					 approved by the NBC's Executive Director or his/her designee. Consumption
					 charges for compound meters shall be based upon metered water usage of the
					 domestic use dial.
2.
				 Estimated Bills
The NBC receives meter readings for its customers from
					 various public water suppliers. When actual water meter readings do not exist,
					 accounts will receive an estimated bill based on previous usage. Any variance
					 due to estimated reads will be corrected when an actual read is obtained.
					 Estimated bills may result in a customer overpayment resulting in a credit or
					 under billings resulting in a true-up bill.
3. Retroactive Bills
Although a customer is indirectly or directly connected to
					 the NBC's facilities, there may be instances where the NBC is not billing such
					 property. In such instances, upon NBC's identification of an unbilled account,
					 the customer may be retroactively billed for a three (3) year period for flat
					 fees in effect for those service periods and for consumption fees in effect for
					 those service periods based on meter readings supplied by the public water
					 supplier. Where meter readings are unavailable from the public water supplier
					 for the prior three (3) year period, the consumption for that period will be
					 estimated based on actual reads taken subsequent to identification of the
					 account.
4. Surcharges
Surcharges shall be rendered to property owners in
					 accordance with rates approved by the PUC.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.9 - Use Fee Abatements

Current through June 14, 2024
A. Abatement Policy
The NBC has established a use fee abatement program
					 whereby a property owner may apply for an adjustment to the water consumption
					 used in the calculation of the consumption charge if they believe that more
					 than fifteen percent (15%) of the source water does not discharge into the
					 NBC's facilities. Abatements are granted for only that percentage of water
					 exceeding the fifteen percent (15%) allowance and are effective from the
					 approval date forward and are calculated in accordance with Terms and
					 Conditions approved by the PUC. No retroactive abatements will be
					 granted.
B. Abatement
				 Application Procedure
1. The property owner is
				 required to:
a. Complete a Sewer Use Abatement
				 Application form;
b. Pay an
				 application fee in accordance with rates approved by the PUC;
c. Sign a Terms and Conditions Agreement with
				 the understanding that violation of said Terms and Conditions Agreement will
				 result in the suspension of the abatement status;
d. Reapply in order to reactivate such status
				 if the abatement allowance is suspended for any reason;
e. Obtain NBC approval prior to any abatement
				 meter installation;
f. Pay for all
				 costs associated with meter installation and maintenance;
g. Supply NBC personnel with annual or
				 quarterly (as defined in the Terms and Conditions Agreement) readings from all
				 meters located on the property. If said readings are not supplied to the NBC,
				 the abatement status will be suspended indefinitely; and
h. Ensure meters are reasonably accessible
				 for inspection by the NBC staff.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.10 - Leaks

Current through June 14, 2024
Adjustments for leaks may be granted where it has been
					 determined that a property was billed for water that did not enter the NBC's
					 facilities during a specific time period. The customer shall contact the NBC
					 within thirty (30) days of discovery of the leak and provide documentation from
					 a licensed plumber supporting the occurrence and repair of the leak, along with
					 a copy of the paid repair receipt. Said repairs must be completed within
					 fifteen (15) days of notification to the NBC of said leak. The average usage
					 for the property will be determined by meter readings obtained during
					 subsequent site visits conducted by NBC staff. This average will be compared to
					 the period in question, including seasonal considerations, to establish whether
					 or not an adjustment is warranted. Customers seeking an adjustment must be
					 current on payment of all charges not in dispute.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.11 - Meter Testing and Failures

Current through June 14, 2024
A. A meter tests
				 one hundred percent (100%) if after testing it conforms to the American
				 Waterworks Association's standards or any meter testing standard approved by
				 the PUC pursuant to R.I. Gen. Laws §
										39-3-9,
				 as amended. If a meter tests one hundred percent (100%), there shall be no
				 adjustment to a customer's bill except where a bill has been estimated, in
				 which case the bill will be adjusted based on the meter read out.
1. Meter Repaired or Replaced
a. When a meter is removed for testing or
				 repair and it does not test one hundred percent (100%), the customer shall
				 notify the NBC in writing. In that instance, the bill shall be issued based
				 upon the average daily rate of water consumption or discharge as shown by the
				 meter for a ninety (90) day period after the meter has been returned to service
				 and is in proper working order or after the meter is replaced. Any dispute of
				 an estimated bill must be made within six (6) months of notification to the NBC
				 that said failed meter has been repaired or replaced.
b. If a meter has not been returned to
				 service or replaced within thirty (30) days after removal, the bill shall be
				 issued based upon the average daily rate of water consumption or discharge for
				 the previous two (2) year period. Failure of a customer to replace or repair a
				 meter shall result in consumption bills based upon estimated readings until
				 such time as the meter is repaired or replaced.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.12 - Other Sewer Use Fees, Including Miscellaneous Fees, Charges, Surcharges, and Assessments

Current through June 14, 2024
A customer may be assessed miscellaneous charges including,
					 but not limited to, a Pretreatment Permit Application Fee, Sewer Connection
					 Permit Application Fee, Capacity Charge, Sewer Back-up Removal Fee, Abatement
					 Application Fee, or a Real Estate Closing Fee as set forth in the rates
					 approved by the PUC. These fees and charges may be amended or deleted from time
					 to time.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.13 - Changes in Property Ownership

Current through June 14, 2024
When a property that is either directly or indirectly
					 connected to the NBC's facilities is sold, the property owner, property
					 purchaser or their legal representative must provide a current water meter
					 reading (obtained within seven (7) days of the closing date) to NBC Customer
					 Service at least two (2) business days prior to the sale. The NBC will not make
					 any adjustments to consumption bills due to the failure of the requesting party
					 to provide an accurate meter reading at the time of the closing request. The
					 NBC will not become involved in any disputes arising from inaccurate meter
					 readings or estimated consumption charges when readings are not provided and/or
					 the meter is malfunctioning. The new owner is responsible for all charges that
					 remain unpaid on the account, including those charges that originated on the
					 account prior to said ownership change.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.14 - Disputes

Current through June 14, 2024
A. Dispute Procedure
If a customer believes that a specific charge on the sewer
					 bill is incorrect, he or she must contact the NBC's Customer Service Department
					 via telephone, e-mail or in writing to dispute the charge. While a particular
					 charge is in dispute, late charges will not accrue against the disputed
					 transaction and the NBC will not attempt to collect that specific amount. While
					 the dispute is researched, the customer is required to pay the undisputed
					 portion of the bill and all new charges. The right to dispute a bill is limited
					 to the person assessed and it is not assignable or
					 transferable.
B. Appeals
If a customer is unable to satisfactorily resolve their
					 billing dispute with the NBC after following the dispute procedures set forth
					 in §
											2.14(A), he
					 or she may file an appeal with the NBC within three (3) years from the date the
					 disputed fee, charge or assessment became due and payable on their account. All
					 such appeals must be made no later than six (6) months after the transfer of
					 the property to a third (3rd) party. The customer
					 also has the right to file a petition with the Superior Court for the county in
					 which the property lies within sixty (60) days following a final decision
					 issued by the NBC regarding any appeal.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.15 - Adjustments

Current through June 14, 2024
Adjustments are corrections to inaccurate charges and are
					 not restricted to any type of sewer use fee or use classification and shall be
					 issued without bias in accordance with the rates and fees approved by the PUC.
					 All corrections must be fully documented and are subject to the NBC authorized
					 approval prior to processing. Adjustments, whether debit or credit adjustments,
					 shall be limited to three (3) years from the date of the original billing
					 transaction with the exception of charges assessed against a property
					 determined to be non-sewered, in which case the adjustment period shall be
					 limited to the period of time when the property has been owned by the current
					 owner, and transaction and payment records are available and provided to the
					 NBC. Adjustments for mis-applied payments shall be limited to a three (3) year
					 period from the date of said payment.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.16 - Payment

Current through June 14, 2024
A. Payment Terms
All sewer use fees are due and payable upon receipt,
					 unless due earlier as provided in this Part or as approved by the PUC.
					 Customers may make payment by any method approved by Customer Service and such
					 payments are subject to any fees and charges as approved by the PUC. Sewer use
					 fees not paid within thirty (30) days after the billing date shall be deemed to
					 be overdue and delinquent. All delinquent bills shall be subject to late
					 charges in accordance with rates approved by the PUC.
B. Payment Arrangements
If a customer is unable to pay a sewer bill by the due
					 date, he or she may contact Customer Service and request a payment arrangement
					 for past due balances. The standard payment arrangement terms require fifty
					 percent (50%) of the past due balance to be paid immediately, with the
					 remaining balance payable in thirty (30) days or in two (2) subsequent equal
					 monthly installments. Current charges and late charges must be paid in addition
					 to the payment arrangement amount. NBC management may approve longer payment
					 arrangement terms.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.17 - Sewer Use Fee Liens, Water Termination, and Collection Actions

Current through June 14, 2024
All unpaid charges shall be a lien upon the real estate of
					 said user. All such unpaid charges shall be subject to collection procedures in
					 accordance with R.I. Gen. Laws §§
										46-25-22 and
					  46-25-22.1,
					 as amended. Collection action may include, but is not limited to, termination
					 of water service and/or sale of property lien at public auction. The customer
					 shall be responsible for any administrative fees associated with water shut off
					 as well as court costs and any other collection fees or costs, plus attorneys'
					 fees incurred by the NBC in any collection proceeding initiated in order to
					 collect outstanding fees, charges, and assessments owed.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.18 - Maintenance and Repair

Current through June 14, 2024
Where a property utilizes a meter that is not provided by a
					 public water supplier, the property owner shall be responsible for all costs
					 associated with the meter installation, calibration, maintenance, and
					 repair.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.19 - Titling of Accounts

Current through June 14, 2024
All consumption accounts will be titled in the name of the
					 recorded property owner.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.20 - Interpretation of Requirements

Current through June 14, 2024
A. Construction
The provisions of this Part with respect to the meaning of
					 technical terms and phrases shall be interpreted and administered by the
					 Executive Director.
B.
				 Captions
Captions and headings are for reference only and shall not
					 limit or otherwise affect the meaning of the paragraphs
					 thereunder.
C. Severability
If any provision of these Customer Services Rules and
					 Regulations or the application thereof to any person or circumstances is held
					 invalid by a court of competent jurisdiction, the remainder of the Customer
					 Services Rules and Regulations shall not be affected thereby. The invalidity of
					 any section or sections or parts of any section or sections shall not affect
					 the validity of the remainder of these Customer Services Rules and
					 Regulations.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.2 - Methods of Source Selection

Current through June 14, 2024
A. The NBC shall
				 utilize the Rhode Island Vendor Information Program to implement the
				 requirements of R.I. Gen. Laws §§
										37-2-17 and
				  37-2-17.1.
				 All contracts of the NBC shall be awarded by competitive sealed bidding or
				 alternative procurement methods.
B.
				 If the Chief Purchasing Officer makes a determination in writing that
				 competitive sealed bidding is not in the best interest of the NBC, any one or
				 combination of the following alternative procurement methods may be utilized:
1. Negotiation, §
											1.4     of this Part;
2. Spot Purchases, §
											1.5     of this Part;
3. Small purchases, §
											1.6     of this Part;
4. Sole source, §
											1.7     of this Part;
5. Construction Services, §
											1.8     of this Part;
6. Architectural, Engineering, Consulting, or
				 Resident Engineering Services, §
											1.9     of this Part;
7. Architectural, Engineering, and
				 Construction Services - Design Build, §
											1.10     of this Part;
8. Architectural, Engineering, and
				 Construction Services - Construction Manager At-Risk, §
											1.11     of this Part;
				 or
9. Legal Services, §
											1.12     of this Part.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.3 - Competitive Sealed Bidding

Current through June 14, 2024
A. Pursuant to R.I.
				 Gen. Laws §
										37-2-18(a),
				 contracts exceeding ten thousand dollars ($10,000) for construction and five
				 thousand dollars ($5,000) for all other purchases shall be awarded by
				 competitive sealed bidding unless it is determined that this method is not
				 practicable. Said determination shall be set forth in writing by the Chief
				 Purchasing Officer. In determining whether competitive sealed bidding is
				 appropriate and practical, the Chief Purchasing Officer shall consider:
1. Whether specifications can be prepared
				 that permit an award on the basis of the lowest evaluated bid price that is
				 responsive and responsible; and
2.
				 The available sources; and
3. The
				 time and place of performance; and
4. Other relevant circumstances.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.5 - Spot Purchases

Current through June 14, 2024
Spot Purchases of certain items sold on the basis of
					 certain market prices shall be exempt from ordinary methods of source selection
					 by the Chief Purchasing Officer when market analysis indicates that such
					 purchases are in the best interests of the NBC. Opportunities to take advantage
					 of seasonal and/or supply/demand influences shall be taken into account when
					 determining whether to pursue formal competitive bid
					 procedures.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.6 - Small Purchases

Current through June 14, 2024
A. The NBC's Small
				 Purchases shall not exceed an aggregate amount of ten thousand dollars
				 ($10,000) for construction and five thousand dollars ($5,000) for all other
				 purchases. Small Purchases shall be made in accordance with the following
				 procedure:
1. No purchase can be made without
				 an approved purchase order.
2. A
				 ten percent (10%) variance shall be allowed for unit cost adjustment, when and
				 where applicable, with the approval of the purchasing manager.
3. Purchasing requirements shall not be
				 artificially divided so as to constitute small purchases under this
				 section.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.7 - Sole Source

Current through June 14, 2024
A. Sole Source
				 Purchases of certain items shall be exempt from ordinary methods of source
				 selection by the Chief Purchasing Officer when there is no reasonable
				 alternative on the market and such purchases are in the best interest of the
				 NBC. This provision excepting sole source purchases from competitive bidding
				 shall not be interpreted to reduce the responsibility of the NBC to investigate
				 alternative sources.
B. Sole source
				 categories shall include but are not limited to, the following examples:
1. Items of a unique nature which are
				 unavailable from other sources due to patents or proprietary
				 processes;
2. Books, maps,
				 periodicals, and technical pamphlets, films, video, CDs, DVDs and
				 audiocassettes obtained from publishers;
3. Certain computer software, hardware, or
				 maintenance service;
4. Licenses
				 pertaining to computer software or electronic transmittal;
5. Specialized replacement/repair parts or
				 expansion parts necessary to maintain the integrity of systems
				 functions;
6. Specialized services
				 for which there is only one documented accepted source, such as transactions
				 involving unique services and/or educational institutions, e.g., lecturers or
				 professors; repair/maintenance agreements with manufacturers;
7. Advertisement, public notices in
				 magazines, trade journals, newspapers and television.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.8 - Selection of Construction Firms

Current through June 14, 2024
1.8.1
Public
				 Announcement
A. The NBC shall give
				 public notice of the need for construction firms. Such public notice shall be
				 published sufficiently in advance of the date when responses must be received
				 (at least 21 days).
B. The notice
				 shall describe the project and how to obtain a copy of the plans and
				 specifications.
C. The notice shall
				 be published in a newspaper of general circulation in the State of Rhode Island
				 and may be published in such other publications as determined by the
				 NBC.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.9 - Selection of Architectural, Engineering, Consulting, or Resident Engineering Services

Current through June 14, 2024
1.9.1
Public
				 Announcement
A. The NBC shall give
				 public notice of the need for architectural, engineering, consulting, or
				 resident engineering services that are reasonably estimated to exceed $20,000.
				 Such public notice shall be published sufficiently in advance of the date when
				 responses must be received in order to allow interested parties an adequate
				 opportunity to submit a statement of qualifications.
B. 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.
C. The notice shall be published in a
				 newspaper of general circulation in the State of Rhode Island and in such other
				 publications as determined by the NBC.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.10 - Selection of Architectural, Engineering, and Construction Services for Design-Build Projects

Current through June 14, 2024
1.10.1
Purpose
Taking into account a variety of factors including time and
					 costs, the Chief Purchasing Officer may determine that it is in the best
					 interest of the NBC not to select separate architectural, engineering, and
					 construction services but to instead execute a single contract with one entity
					 called a design builder to provide all services.
1.10.2
Public Announcement
A. The NBC shall give public notice of the
				 need for a design builder for projects that are reasonably estimated to exceed
				 $20,000. Such public notice shall be published sufficiently in advance of the
				 date when responses must be received in order to allow interested parties an
				 adequate opportunity to submit a statement of qualifications.
B. 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.
C. The notice shall be published in a
				 newspaper of general circulation in the State of Rhode Island and in such other
				 publications as determined by the NBC.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.11 - Selection of Architectural, Engineering, and Construction Services for Construction Manager At-Risk Projects

Current through June 14, 2024
A. Construction
				 Manager At-Risk
1. The terms "Construction
				 Manager at Risk", "construction management at-risk services," "construction
				 management at-risk delivery method" shall all be limited to that certain
				 construction method defined by R.I. Gen. Laws §
											37-2-7(30).
				 The terms "construction manager at-risk" and "construction management at-risk
				 firm" shall be limited as defined by R.I. Gen. Laws §
											37-2-7(31).
2. The construction manager at-risk method of
				 construction management may be selected for a project only when it is
				 determined in writing by the Chief Executive Officer that all criteria mandated
				 by R.I. Gen. Laws §
											37-2-27.1,
				 as amended, have been met.
a. The Chief
				 Executive Officer shall file copies of the written determination with the
				 president of the senate, the speaker of the house, the senate fiscal advisor,
				 and the house fiscal advisor no later than three (3) business days after
				 executing the written determination.
b. At the time that the construction
				 management at-risk delivery method is selected, the Chief Purchasing Officer
				 shall adopt internal written procedures to ensure fairness in competition,
				 evaluation, and reporting of results at every stage in the procurement
				 process.
3. The Director
				 of Construction and Engineering, or any employee of the NBC who meets the
				 requirements of R.I. Gen. Laws §
											37-2-27.2,
				 may act as the Owner's Program Manager.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.12 - Selection of Legal Services

Current through June 14, 2024
A. Purchasing of
				 Legal Services
1. Legal services shall be
				 purchased as deemed necessary by the Chief Purchasing Officer in accordance
				 with the NBC's Bylaws.
2. Before
				 the services of an attorney are purchased, the following shall be demonstrated:
a. The need for the services required,
				 including the scope of the services to be performed; and
b. That no legal personnel employed by the
				 NBC on a full-time basis is available to perform those services given the
				 workload, availability, or expertise required by the assignment; and
c. That funding is available; and
d. That attorneys to be engaged meet the
				 following minimum requirements:
(1)
				 Appropriate professional licensing;
(2) Competence to perform those services as
				 reflected by formal 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;
(3) Ability to perform the services as
				 reflected by workload and availability of adequate personnel, equipment, and
				 facilities to perform the services expeditiously.
3. The attorney shall enter into a
				 letter of engagement with the agency. The letter of engagement shall state the
				 rate of compensation, the scope of the service to be performed for the
				 compensation, and provision for the payment of expenses incurred in connection
				 with legal services. The letter of engagement shall certify that the rate of
				 compensation does not exceed the rate of compensation charged by counsel to his
				 or her preferred public or private clients. A letter of engagement shall not be
				 for more than one year.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.13 - Continuation, Modification, and Termination of Contracts

Current through June 14, 2024
1.13.1
Continuation of
				 Contracts
A. The NBC shall generally
				 negotiate the continuation of contracts for planning, design, and resident
				 engineering services, which is consistent with Environmental Protection Agency
				 Regulations. Firms that have been competitively selected for planning and/or
				 preliminary engineering services on projects shall be considered for such
				 design and construction engineering contracts if the NBC is satisfied with
				 their work. The negotiations shall be based upon person hour projections and/or
				 estimated number of design sheets utilizing unit costs as accepted within the
				 trade, and EPA approved or equivalent overhead rates.
B. The NBC always reserves the right to seek
				 proposals rather than continue contracts when and where the Chief Purchasing
				 Officer determines that it would be in the NBC's best interest to do
				 so.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.14 - Cost and Pricing Principles

Current through June 14, 2024
A. Except as
				 otherwise provided by contract, the NBC shall use generally accepted accounting
				 principles for the following:
1. As guidelines
				 in the negotiations of:
a. Estimated costs for
				 a contract when the absence of open market competition precludes the use of
				 competitive sealed bidding or price proposals; and
b. Adjustments for changes or modification in
				 contract performance required by the NBC; and
c. Settlement of contracts that have been
				 terminated.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.15 - Exclusion

Current through June 14, 2024
1.15.1
Exclusion Authority
The Chief Purchasing Officer may exclude a vendor from the
					 NBC's Bidder List for just cause with proper notification.
1.15.2
Forms of Exclusion
A. Exclusion shall refer to:
1. Debarment - permanent removal from the
				 Bidder List.
2. Suspension -
				 temporary removal from the Bidder List.
3. Rejection - lack of inclusion on the
				 Bidder List.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.16 - Remedies

Current through June 14, 2024
1.16.1
Breach of Contract
				 Disputes
A. Authority to resolve
				 contract or breach of contract controversies shall reside with the Chief
				 Purchasing Officer, prior to the institution of arbitration, litigation, claim,
				 or controversy concerning any contract, subject to any limitations or
				 conditions imposed by the Board to settle, compromise, pay, or otherwise adjust
				 the claim or controversy by, against, or with a vendor or contractor relating
				 to a contract entered into by the NBC, including a claim or controversy based
				 on a contract and/or a mistake, misrepresentation, or other cause for contract
				 modification or recession, 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 such controversy.
B.
				 Contract dispute shall mean conflicting interpretations of the requirements,
				 limitations, or compensation for the performance of a contract.
C. The Chief Purchasing Officer shall be
				 authorized to resolve contract disputes between the vendor or contractor and
				 the NBC upon the submission of a request in writing from either party, which
				 request shall provide:
1. A description of the
				 problem, including all appropriate citations and references from the contract
				 in question; and
2. A clear
				 statement of the party's interpretation of the contract; and
3. A proposed course of action to resolve the
				 dispute.
D. The Chief
				 Purchasing Officer shall determine whether:
1.
				 The interpretation provided is appropriate; and
2. The proposed solution is feasible; and
3. Another solution may be
				 negotiable.
E. Failure
				 to render timely decisions shall apply to a claim or controversy arising under
				 contracts between the NBC and its vendors or contractors. If such a claim or
				 controversy is not resolved by mutual agreement, the Chief Purchasing Officer
				 or his/her designee shall promptly issue a decision in writing. A copy of the
				 decision shall be mailed or otherwise furnished to the vendor or contractor. If
				 the Chief Purchasing Officer does not issue a written decision within thirty
				 (30) days after a 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 vendor or contractor shall proceed as if an adverse decision had been
				 rendered.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.17 - Emergency Response

Current through June 14, 2024
1.17.1
Authority
A. The Chief Purchasing
				 Officer may make or authorize others to make emergency purchases when there
				 exists a "threat to life, public health, welfare, safety, property or critical
				 equipment, interceptor failure or other necessary functions". Emergency
				 purchasing authority enables authorized officials of the NBC to react quickly
				 to critical situations, when the cost for a remedy or repair is in excess of
				 $500 and there is insufficient time to undertake a formal bidding process.
				 However, in these circumstances, sound purchasing practices must be applied in
				 seeking competitive pricing from appropriately qualified, experienced, and
				 proven vendors as much as possible given the nature of the emergency.
B. The Chief Purchasing Officer shall
				 authorize individuals as emergency response officials who will have the
				 authority in his/her absence to determine whether a situation requires an
				 emergency response and to then certify such emergency. Such officials are the
				 Director of Executive Affairs and/or the Director of the Division who is
				 accessible to address the emergency situation.
C. All emergency purchasing authorizations
				 shall be specific as to:
1. Maximum levels of
				 expenditure commitment; and
2.
				 Program account(s).
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.18 - Minority/Women/Veteran-Owned Business Enterprises

Current through June 14, 2024
1.18.1
Policy
It is the policy of the NBC that minority business
					 enterprises, women owned business enterprises and veteran-owned business
					 enterprises (M/W/VBEs) shall have the maximum opportunity to participate in the
					 performance of purchasing transactions pursuant to R.I. Gen. Laws §§
					 37-14.1 and 37-14.3.
1.18.2
Inclusion of Minority/Women/Veteran-Owned Business Enterprises
A. Whenever possible M/W/VBEs shall be
				 afforded the opportunity to be included in all state and federal funded
				 purchases and construction projects, pursuant to R.I. Gen. Laws §§
				 37-14.1, 37-14.3, and the Regulations governing participation by
				 M/W/VBEs.
B. In accordance with
				 R.I. Gen. Laws §§ 37-14.1 and 37-14.3, the Chief Purchasing Officer
				 may, after considering the overall cost to the NBC prior to making a final
				 determination of award, apply special consideration to the offers of M/W/VBEs
				 when:
1. The solicitation provides for such
				 consideration; and
2. The offer is
				 fully responsive to the terms and condition of the solicitation; and
3. The price offer made by the M/W/VBE is
				 determined to be within a competitive range (not to exceed five percent (5%)
				 higher than the lowest responsive price offer) for the product or services; and
4. The firm making the offer
				 conforms to the definition of an M/W/VBE.
C. In accordance with the provisions of R.I.
				 Gen. Laws §
											37-14.1-7,
				 it will be NBC's goal to make all efforts to award ten percent (10%) of the
				 dollar value of the work performed against state and federal funded purchasing
				 and contracts for construction exceeding five thousand dollars ($5,000.00) to
				 M/WBE where it has been determined that subcontract opportunities exist and
				 where certified M/WBE contractors are available.
D. In accordance with the with the provisions
				 of R.I. Gen. Laws §
											37-14.3-4,
				 it will be NBC's goal to make all efforts to award three percent (3%) of the
				 dollar value of the work performed against state and federal funded purchasing
				 and contracts for construction exceeding five thousand dollars ($5,000.00) to
				 VBE where it has been determined that subcontract opportunities exist and where
				 certified VBE contractors are available.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 30 - Purchasing and Acquisitions › Subchapter 00 - N/A › Part 1 - Purchasing Rules and Regulations (835-RICR-30-00-1) › Section 835-RICR-30-00-1.19 - Code of Ethics and Professional Behavior

Current through June 14, 2024
1.19.1
Ethics Policies
A. It is the
				 Policy of the NBC that employees must adhere to the highest standard of ethical
				 conduct as set out by the R.I. Ethics Commission, respect the public trust and
				 the rights of all persons, be open, accountable and responsive, avoid the
				 appearance of impropriety, and not use their positions for private gain or
				 advantage.
B. All NBC officials
				 and employees shall be subject to the provisions of R.I. Gen. Laws Chapter
				 36-14, as amended from time to time (the Code of Ethics), and all regulations
				 promulgated by the R.I. Ethics Commission, as amended from time to time, and
				 any policies and/or rules and regulations promulgated by the NBC.