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-30-00-1.1 - General Provisions

Current through June 14, 2024
1.1.1
Authority
This Part is established pursuant to R.I. Gen. Laws
					 §§
										37-2-1 et seq. (State Purchases Act) and
					 46-25-26
					 (Narragansett Bay Commission Act) to insure fair and equitable treatment of all
					 persons and entities conducting business with the Narragansett Bay Commission
					 (NBC).
1.1.2
Purpose
The purpose of this Part is to increase public confidence
					 in the procedures followed in the public purchasing of goods and services while
					 maintaining the quality, integrity, and high ethical standards of the
					 NBC.
1.1.3
Definitions
A. For the purposes of this
				 Part, the following words and terms shall have the following meanings:
1. "Architectural services" means services
				 performed by a person who, in accordance with R.I. Gen. Laws §
												5-1-2 is by reason of
				 his/her knowledge of mathematical and physical sciences, and the principles of
				 architecture and architectural design, acquired by professional education,
				 certification, practical experience, or all is qualified to engage in the
				 practice of architecture as attested by licensing as an architect in the
				 State.
2. "Board" means the
				 Narragansett Bay Commission Board of Commissioners.
3. "Chief Purchasing Officer" means the
				 Executive Director of the NBC who is responsible for overseeing all of the
				 daily purchasing activities of the NBC. The Chief Purchasing Officer shall have
				 the power to delegate such authority as he sees fit.
4. "Competitive negotiation" means a
				 specialized bidding procedure used to modify the specifications or the terms or
				 conditions of the offers of at least two vendors solicited by the
				 NBC.
5. "Construction firms" means
				 companies under contract to the NBC to construct, alter, repair, improve, or
				 demolish any NBC structure, building, or facility.
6. "Consulting services" means services
				 performed by any person with whom the NBC contracts to provide direction,
				 guidance or information with regard to a particular area of knowledge in which
				 the person is a specialist and/or has expertise. Some examples of consulting
				 services include, but are not limited to: systems analysis, application
				 implementation and financial advising.
7. "Contractor" means an entity that has
				 entered into a contract with NBC for goods, services, supplies or
				 construction.
8. "Design-build
				 services" means a method by which one entity (design-builder) executes a single
				 contract with the NBC to provide architectural engineering and construction
				 services.
9. "Engineering services"
				 means services performed by a person who by reason of his/her special knowledge
				 and use of the mathematical, physical and engineering sciences and the
				 principles and methods of engineering analysis and design, acquired by
				 engineering education and experience, is qualified to practice engineering as
				 attested by licensing as an Engineer in the State and to provide planning,
				 design, and construction support services for NBC projects.
10. "Legal services" includes but is not be
				 limited to research, drafting documents, providing legal advice, representing
				 NBC before courts, arbitrators, boards, administrative agencies, and other
				 bodies.
11. "Lowest bid price"
				 means the lowest price that is offered by vendors / contractors.
12. "Lowest evaluated bid price" means the
				 lowest price after bid adjustments are made pursuant to objective measurable
				 criteria that are stated in the invitation for bids.
13. "M/WBE" or "Minority or Women Business
				 Enterprises" means a small business owned and controlled by one or more
				 minorities or women certified by the Rhode Island Department of Administration
				 to meet the definition established by R.I. Gen. Laws Chapter 37-14.1.
14. "Negotiation" means the process of
				 establishing contractual provisions and of gaining contractual acceptance,
				 other than solely as the result of normal competitive bidding. For the purpose
				 of this definition, two distinct categories of negotiation shall be recognized:
				 competitive negotiation and noncompetitive negotiation.
15. "Noncompetitive negotiation" means the
				 establishment of contractual terms and conditions, including but not limited to
				 contract price, by discussion with a single vendor, outside of the procedures
				 established for competitive bidding.
16. "Person" means any business, individual,
				 organization, or group of individuals.
17. "Purchasing" means the procuring, buying,
				 renting, leasing, or otherwise obtaining of any supplies, services, equipment,
				 or construction. It shall also include all functions that pertain to the
				 obtaining of any supply, service, equipment, or construction item, including
				 description of requirements, selection and solicitation of sources, preparation
				 and award of contracts, and all phases of contract administration.
18. "Prime contractor" means a contractor who
				 engages subcontractors in the course of satisfying the requirements of
				 fulfilling a contract.
19.
				 "Resident engineering services" means those services provided by an engineer
				 acting as the NBC's onsite agent through the construction phase of a project.
				 Services may include one or more of the following: Basic Office and Field
				 Construction Services (bidding services, shop drawing review, general
				 consultation, and advising on construction matters and records drawings);
				 Resident Engineering and Inspection (schedule and shop drawing review, act as
				 NBC's liaison with the construction contractor, review work completed and
				 rejection of defective work, interpret construction drawings, maintain job site
				 records and reports, and certification of payment requisition); Operations and
				 Maintenance Manual (describes the proper procedures for operating and
				 maintaining the facilities safely); Startup Services (coordinate final
				 equipment checkout, provide expert operational assistance for fine tuning after
				 initial startup, and revise Operations and Maintenance Manual if necessary);
				 Operation Training (train NBC personnel on operating new facilities); CPM
				 Scheduling (review of the Contractor's Critical Path Method
				 schedule).
20. "Request for
				 Proposals (RFP)" means a request by the NBC to interested firms to submit all
				 documents, whether attached or incorporated by reference, utilized for
				 soliciting proposals.
21. "Request
				 for Qualifications (RFQ)" means a request by the NBC to all interested firms to
				 submit all documents evidencing experience and eligibility with regard to the
				 solicitation of proposals.
22.
				 "Request for Qualifications / Request for Proposals (RFQ/RFP)" means a request
				 by the NBC to all interested firms to submit all documents evidencing
				 experience and eligibility with regard to the solicitation of proposals along
				 with all documents utilized for soliciting of proposals.
23. "Responsible bidder / proposer" means a
				 qualified bidder or proposer who has the capability in all respects, including
				 financial responsibility to fully perform the contract requirements, and the
				 integrity and reliability to ensure good faith performances.
24. "Responsive bidder / proposer" means a
				 person who has submitted a bid or proposal that conforms in all material
				 respects to the invitation for bids or RFP, so that all bidders / proposers may
				 stand on equal footing with respect to the method and timeliness of submission
				 and as to the substance of any resulting contract.
25. "Sole source" means the awarding of a
				 contract for a supply, service, equipment, or construction item without
				 competition when the Chief Purchasing Officer or his designee determines in
				 writing that there is only one source for the required supply, service,
				 equipment, or construction item.
26. "Special services" means services that
				 the Chief Purchasing Officer deems necessary or desirable to purchase and are
				 provided by individuals or firms possessing special knowledge or skills for
				 which formal licensing or certification is not necessarily required. Some
				 examples of Special Services include, but are not limited to, expert witness
				 testimony and lecturers; interpretation (languages, hearing impaired); public
				 information (drug and alcohol abuse, water conservation and
				 pretreatment).
27. "Spot purchases"
				 means one time purchases of items sold on the basis of posted market prices,
				 which are deemed by the Chief Purchasing Officer to be in the best interests of
				 the NBC because of advantageous fluctuations in seasonal and supply / demand
				 factors.
28. "Standard or
				 established catalogue items" means, as shall be identified by the Chief
				 Purchasing Officer as, exceptions to the competitive bidding process.
29. "Vendor" means any person who provides
				 supplies, services, or construction under a contract.