reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.3 - General Characteristics of State Contracts

Current through June 14, 2024
A.
				 General Terms and Conditions - The Office of Purchases shall develop and make
				 available to potential suppliers and state officials a document stating the
				 general terms and conditions applicable to all quotations and state purchasing
				 contracts. The General Terms and Conditions shall be referenced and made a part
				 of all solicitations for proposals and quotations; all state purchase orders,
				 contracts, and letters of authorization; and bidder registration documentation
				 and provide notice to bidders that contract award may be subject to the bidder
				 signing an affirmation (certification) regarding certain legal requirements or
				 restrictions relating to foreign corporations, disadvantaged business
				 enterprises, labor rates, local product preference, etc., as required by the
				 Purchasing Agent.
B. When a
				 contract has been entered into between the state and another party, neither
				 party shall have the legal right to add new terms or conditions without the
				 consent of the other, unless the contract so specifies.
C. All contract pricing shall be firm and
				 fixed unless contract language provides for reconsideration.
D. Issuance of purchase orders shall not be
				 made on the basis of "advise pricing" (or "pricing to be determined")
				 agreements. All commitments shall be on the basis of estimated prices with a
				 "not to exceed" maximum authorization when firm, fixed pricing agreements are
				 not possible.
E. Changes in scope,
				 price, and length of contract period shall require contract amendments which
				 are specified in writing.
1. Unanticipated
				 changes may be considered with the express consent of both parties.
2. The issuance of a Purchase Change Order in
				 accordance with the provisions of the contract and other requirements specified
				 herein shall be considered a binding contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.4 - The Purchase Order Contract

Current through June 14, 2024
A. "Purchase Order"
				 shall mean a document issued by the Purchasing Agent to formalize a purchase
				 transaction with a vendor. The purchase order shall contain statements as to
				 the quantity, description, and price of the goods or services ordered,
				 applicable terms as to payment, discounts, date of performance, transportation,
				 and other factors or suitable references pertinent to the purchase and
				 execution by the vendor. Purchase orders shall include blanket orders, master
				 pricing agreements, and utility purchase orders.
B. The entire agreement with the vendor
				 shall, at all times, reside solely in the purchase order and its referenced
				 supplements.
C. Purchase Order
				 Supplements shall consist of all of the following documents:
1. The state's General Terms and
				 Conditions;
2. The state's request
				 for quotations or proposals, including specifications;
3. The contractor's offer which is responsive
				 to the solicitation; and/or
4. As
				 appropriate, additional contract provisions, as necessary.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.5 - Multi-Year Contracts

Current through June 14, 2024
A. Under R.I. Gen.
				 Laws §
										37-2-33(1),
				 Unless otherwise provided in the statute making appropriations therefore,
				 multi-year contracts for supplies and services may be entered into for periods
				 not extending beyond the end of the biennium in which the contract was made, if
				 funds for the first fiscal year of the contemplated contract are available at
				 the time of contracting. Payment and performance obligations for succeeding
				 fiscal years shall be subject to the availability of funds therefore.
1. "Biennium" shall mean a period of time
				 equal to two fiscal years.
2.
				 "Fiscal year" shall mean a period of time beginning on the first day of July in
				 one calendar year and ending on the last day of June of the subsequent calendar
				 year.
3. Multi-year contracts which
				 extend beyond a biennium shall be permitted provided that:
a. funds for the first year of the biennium
				 have been appropriated; and
b.
				 contracts shall contain a standard clause which states that implementation of
				 the contract beyond the first fiscal year shall be subject to the availability
				 of funds; and
c. a written
				 justification is placed in the purchase order file or the category of
				 procurement has by regulation or policy been identified by the Chief Purchasing
				 Officer as appropriate for multi-year contracting, e.g., property
				 leases.
4. Multi-year
				 contracts shall specify the annual costs and total value of each
				 contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.6 - Letter of Authorization

Current through June 14, 2024
A. If the Chief
				 Purchasing Officer determines in writing that it is essential that the vendor
				 be given a binding commitment so that work can be commenced immediately and
				 that negotiation of a definitive contract cannot be accomplished in sufficient
				 time, the Purchasing Agent may issue a Letter of Authorization.
B. A Letter of Authorization (LA) shall mean
				 a written instrument binding only when signed by the Purchasing Agent, which
				 authorizes immediate commencement of delivery of supplies or the performance of
				 services, as set forth within the LA.
C. Such instrument shall:
1. Represent a preliminary authorization
				 subject to the subsequent issuance of a Purchase Order.
2. Be superseded by a definitive contract at
				 the earliest practicable date not later than the greater the expiration of 180
				 days from the date of the LA or delivery of 40% of the contract.
3. Be specifically negotiated and address the
				 following contractual requirements that:
a.
				 the vendor will proceed immediately with performance of the LA, including
				 procurement of necessary materials; and
b. specifies the extent and method of
				 payments in the event of termination for the convenience of the state or for
				 default; and
c. the vendor is not
				 authorized to expend monies or incur obligations in excess of the maximum
				 liability of the state as set forth in the LA;
d. specifies the type of definitive contract
				 contemplated; and
e. as many
				 definitive contract provisions as possible; and
f. requires the vendor to provide such price
				 and cost information as may reasonably be required by the state; and
g. the vendor and the state enter into
				 negotiations promptly and in good faith to reach agreement and execute a
				 definitive contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.7 - Changes to Purchase Orders

Current through June 14, 2024
A. All agreements
				 and changes to scope of work, price, or other terms shall be incorporated into
				 purchase orders via "change order" documents incorporating contract
				 amendments.
B. Change Orders issued
				 by the Office of Purchases shall be the only binding documents which may create
				 a change in a purchase order.
C.
				 Personnel shall not commit the state to technical/contractual changes to
				 purchase orders without first securing all necessary approvals.
D. All discussions of potential changes (oral
				 or written) may be disclaimed as not being binding on the supplier or the state
				 until formally incorporated in the purchase order.
E. In general, change orders shall be issued
				 by the Office of Purchases following receipt of quotations and discussions of
				 price and delivery with the supplier. If circumstances preclude immediate
				 issuance of a formal change order, interim direction to the supplier may be
				 made via a letter of authorization signed by the Purchasing Agent.
F. Any request for retroactive approval of a
				 change order valued at less than one hundred thousand dollars ($100,000) must
				 be submitted to and approved by the Purchasing Agent. Any request for
				 retroactive approval of a change order valued at more than one hundred thousand
				 dollars ($100,000) must be submitted to and approved by the Chief
				 Purchasing-Officer.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.9 - Types of Purchase Order Contracts

Current through June 14, 2024
A. Fixed Price
				 (FP)
1. The Firm Fixed Price (FFP) contract
				 shall mean one which provides for a price which is not subject to any
				 adjustment by reason of the seller's cost experience in the performance of the
				 contract. This type of contract should be used when the price is based on
				 credible cost data for the completion of the order.
2. The Fixed Price with Economic Price
				 Adjustment (FP W/EPA) contract shall mean one which provides for the upward or
				 downward revision of the stated price upon the occurrence of certain economic
				 conditions which are specifically defined in the contract. These conditions are
				 limited to those beyond the control of the seller.
3. A Fixed Price Redeterminable (FPR)
				 contract shall mean one which permits reconsideration of price at a stated time
				 after contract initiation when the only supplier capable of performing a job
				 cannot quote a fixed price with full assurance that it will be fair and
				 reasonable.
4. The Fixed Price
				 Incentive (FPI) contract shall mean one which provides for the adjustment of
				 profit (fee) and price according to a sharing arrangement based on the
				 relationship which final negotiated total cost bears to the negotiated target
				 cost.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.10 - Principles for Selection of Type of Purchase Order Contract

Current through June 14, 2024
A. The selection of the appropriate type of
				 contract is a matter which requires the exercise of judgment in order to obtain
				 fair and reasonable prices in accordance with the circumstances of the
				 procurement.
B. In determining the
				 type of contract to be used, consideration shall be given but shall not be
				 limited to such factors as:
1. Type and
				 complexity of the item or scope of work to be performed;
2. Urgency of the requirement;
3. Prospective period of contract
				 performance;
4. Degree of
				 competition present;
5. Extent of
				 completion of baseline and detail design; which in turn may influence other
				 considerations as the adequacy and firmness of specifications, and the
				 availability of relevant historical pricing data and prior
				 experience;
6. Availability of
				 comparative price data, or lack of firm market prices or wage levels;
7. Prior experience with the
				 supplier;
8. Extent and nature of
				 subcontracting contemplated;
9.
				 Assumption of business risk;
10.
				 Vendor's technical capability and financial responsibility;
11. Administrative costs;
12. Adequacy of the vendor's accounting
				 system; and
13. Other concurrent
				 contracts.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.12 - Contract Administration

Current through June 14, 2024
A. Subsequent to
				 the award of any contract for goods or services and continuously over the life
				 of any contract, each agency shall determine and verify that service(s)
				 provided or goods received match exactly all contract specifications as to
				 kind, quality, quantity, or frequency and price. Each Agency shall document in
				 detail all deviation(s) and submit formal complaint(s) to the Office of
				 Purchases for follow up action.
B.
				 Attestation and approval of payment vouchers by duly authorized agents of the
				 agency shall constitute acceptable evidence of such verification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.1 - Authority to Make Exceptions to the Requirement for Competition

Current through June 14, 2024
In certain circumstances competitive bidding for purchases
					 may not be the most cost-effective approach to procurement. The Purchasing
					 Agent may, with the approval of the Chief Purchasing Officer, waive
					 requirements for competitive sealed bidding in accordance with the grounds
					 permitted by law.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.2 - Circumstances Prescribed by Law

Current through June 14, 2024
A. In accordance
				  with R.I. Gen. Laws §
										37-2-54, the following exceptions to competitive
				  bidding are permitted by statute; however, the Chief Purchasing Officer may
				  require competitive bidding in any circumstance where he deems that competition
				  may enhance the state's ability to attain cost savings:
1. Contractual services where no competition
				  exists, such as telephone service, electrical energy, and other public utility
				  services;
2. When, in the judgment
				  of the Department of Administration, food, clothing, equipment, supplies, or
				  other materials to be used in laboratory and experimental studies can be
				  purchased otherwise to the best advantage of the state;
3. Instructional materials available from
				  only one source;
4. Where rates are
				  fixed by law or ordinance;
5.
				  Library books;
6. Commercial items
				  purchased for resale;
7.
				  Professional, technical, or artistic services; (Contracts exempted by this
				  provision shall be referred to the Governor for review and approval.)
8. Interests in real property.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.3 - Goods or Services Obtained by One State Agency from Another

Current through June 14, 2024
Goods or services obtained by one state agency from
					 another, such as printing from Prison Industries or use of Central Service
					 Accounts, shall be exempt from competition. However, internal service fund
					 purchases shall be made in accordance with all policies and procedures for
					 competitive procurements. NOTE: Purchases of services from state higher
					 educational institutions are subject to competitive review and require the
					 submission of requisitions.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.4 - Small Purchases not Exceeding $500

Current through June 14, 2024
A. Competitive
				  bids shall not be required for purchase orders up to $500 in value if the
				  prices are considered to be reasonable.
B. It shall be the responsibility of agency
				  personnel to exercise good judgment as to what is a fair and reasonable
				  price.
C. Specific action to verify
				  the reasonableness of a price shall be taken when it is suspected that the
				  price may not be reasonable, e.g., comparison to previous price paid or
				  personal knowledge of the item involved.
D. Under no circumstance shall purchases
				  exceeding $500 be artificially divided into component parts to circumvent the
				  competitive process. User agency abuses of this limitation will be reported to
				  the Chief Purchasing Officer who will hold agency chief executives accountable
				  for violations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.5 - Sole Source

Current through June 14, 2024
A. A contract may
				  be awarded for a supply, service, or construction item without competition
				  when, under published regulations, the Chief Purchasing Officer or member of
				  the executive department, above the level of purchasing officer determines, in
				  writing, that there is only one source for the required supply, service, or
				  construction item.
B. The Chief
				  Purchasing Officer may delegate the authority for determination of sole source
				  to the Purchasing Agent.
C. Sole
				  source categories may include:
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 and audio cassettes
				  obtained from publishers;
3.
				  certain computer software;
4.
				  licenses - computer software, electronic transmittal;
5. specialized replacement/repair parts or
				  expansion parts necessary to maintain the integrity of system or function, e.g.
				  scientific research;
6. works of
				  art for museum or public display;
7. specialized services for which there is
				  only one documented accepted source, such as transactions involving unique
				  professional services and/or educational institutions, e.g., visiting speakers
				  or professors, and performing artists; repair/maintenance agreements with
				  manufacturers;
8. advertisements,
				  public notices in magazines, trade journals, newspapers, television; NOTE:
				  Purchase of advertising and public relations campaign services must be
				  established through a competitive selection process.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.6 - Emergencies

Current through June 14, 2024
A. Notwithstanding any other provision of
				  R.I. Gen. Laws Chapter 37-2, the Purchasing Agent may make or authorize others
				  to make emergency procurements when there exists a threat to public health,
				  welfare or safety under emergency conditions as defined in regulations;
				  provided, that such emergency procurements shall be made with such competition
				  as is practicable under the circumstances. A written determination of the basis
				  for the emergency and for the selection of the contractor shall be included in
				  the contract file.
B. In accordance
				  with procedures established by the Purchasing Agent, authorized officials in
				  user agencies shall be permitted to react quickly to critical situations when
				  the cost for a remedy or repair is in excess of $500 and there is not
				  sufficient time to undertake a public, formal, or informal bidding
				  process.
C. An emergency shall mean
				  a situation to which an urgent response is required as defined in R.I. Gen.
				  Laws §
										37-2-21(b). Immediate dangers to health and safety, threats to
				  property and necessary functions, and failures of critical equipment constitute
				  emergencies.
D. Inadequate
				  anticipation of need shall not be considered justification for "emergency"
				  purchases.
E. Commitments which
				  extend beyond the immediate response to the dysfunctional emergency shall be
				  prohibited, i.e. prevention of future problems by corrective measures other
				  than the immediate restoration of function must be pursued through the Office
				  of Purchases competitive purchasing process.
F. The Office of Purchases shall establish,
				  through competitive bidding, a list of emergency response vendors and shall
				  make such list available to user agencies.
1.
				  When possible, agencies shall obtain services from a list of vendors selected
				  by competitive process to provide specialized trade in emergencies.
2. If an emergency cannot be addressed by a
				  designated vendor, the Office of Purchases shall assist in obtaining names and
				  telephone numbers of responsible vendors.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.7 - Standard or Established Catalogue Items

Current through June 14, 2024
Standard or established catalogue items may be identified
					 by the Chief Purchasing Officer as exceptions to competitive bidding. Agencies
					 officials may submit requests and justification for Delegated Purchase
					 Authority for the acquisition of such items to the Purchasing Agent, who shall
					 recommend an appropriate course of action to the Chief Purchasing
					 Officer.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 9 - Exceptions to Competitive Bidding Requirements › Section 220-RICR-30-00-9.8 - Spot Purchases

Current through June 14, 2024
Spot purchases of certain items (e.g., food, heating oil)
					 sold on the basis of posted market prices may be exempted from competition by
					 the Purchasing Agent when market analysis indicates that such procurements are
					 in the best interest of the state. Opportunities to take advantage of seasonal
					 and supply/demand influences shall be taken into account when determining
					 whether to pursue formal competitive procedures.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 10 - Expenditures Which Are Not Procurements (220-RICR-30-00-10) › Section 220-RICR-30-00-10.1 - DEFINITIONS

Current through June 14, 2024
A. "Benefits" shall mean monies or gifts
				 provided by the state to or on behalf of individuals or entities (clients,
				 patients, inmates, employees, nonprofit service providers) the distribution of
				 which may not be prescribed by statute, regulation, or program
				 provisions.
B. "Concession" shall
				 be defined as the granting of a license to a commercial entity for the conduct
				 of a commercial enterprise on state premises, in consideration of which the
				 state receives a regular rent and/or a percentage or other share in net
				 proceeds.
C. "Grants" shall mean
				 monies provided by the state to or on behalf of individuals or entities to
				 underwrite specific costs of services or programs. Although grants may be
				 distributed for specific purposes, payment is not based upon supply of specific
				 units of service or products.
D.
				 "Entitlements" shall mean monies or gifts provided by the state as part of
				 subsidy programs for which the distribution of funds is determined in
				 accordance with specific eligibility criteria or by formula. Examples included
				 but shall not be limited to: food stamps, general public assistance, medical
				 assistance payments, and school aid formula funds.
E. "Purchase of Services" shall mean monies
				 expended for the provision of specific units of time and effort rather than an
				 end product.
F. "Reimbursement"
				 shall mean monies paid to a beneficiary, client, or claimant to make
				 restoration for expenses such person has undertaken.
G. "Subsidies" shall mean monies provided by
				 the state to or on behalf of individuals or entities to assist in defraying
				 general expenses.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 10 - Expenditures Which Are Not Procurements (220-RICR-30-00-10) › Section 220-RICR-30-00-10.2 - RESPONSIBILITY TO PROMOTE COMPETITION IN AWARDING CONTRACTS

Current through June 14, 2024
A. Concessions. In general, awards on
				 concession agreements shall be made to the offeror whose proposal represents
				 the greatest cash benefit to the state. The Purchasing Agent shall be
				 responsible for the issuance of publicly advertised solicitations for such
				 opportunities, and shall refer the responses to the requesting agency chief
				 executive and the State Properties Committee for review, selection,
				 endorsement, and execution of a concession agreement.
B. Grants. State agencies may obtain services
				 or provide programs on behalf of clients through grants to nonprofit or other
				 entities; however, when the payment of "grant" funds is subject to the
				 provision of services or programs, determination of contract award shall be
				 obtained by a request for proposal procedure to obtain the advantages of
				 competition.
1. Nonprofit status shall not
				 automatically exempt organizations from being subject to competitive purchasing
				 principles.
2. Agencies may utilize
				 the Office of Purchases to undertake Request for Proposal procedures; however,
				 agency representatives shall be responsible for assisting in the establishment
				 of evaluation criteria and shall participate in the review and evaluation of
				 responses to the RFP.
3. All grant
				 contracts entered into by agencies shall be subject to an audit of competitive
				 practices.
4. Grants in the form of
				 subsidies or general assistance shall be administered by state agencies in
				 accordance with legal mandates restricting or defining the use of such
				 funds.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 10 - Expenditures Which Are Not Procurements (220-RICR-30-00-10) › Section 220-RICR-30-00-10.3 - EXCEPTIONS TO COMPETITION

Current through June 14, 2024
A. For the purpose
				 of administering R.I. Gen Laws Chapter 37-2, grants, benefits, entitlements,
				 subsidies and reimbursements shall not be considered procurements. The
				 following types of expenditures shall not be subject to the provisions of R.I.
				 Gen. Laws Chapter 37-2 for competitive procurement:
1. Reimbursement to local governments (e.g.,
				 for educational expenses or public works projects).
2. Reimbursements of third parties for
				 client-demand services, e.g., payments for medical services when the client
				 selects the physician shall be considered benefits for which competitive
				 solicitation is not required.
3.
				 Entitlements for specific recipients or categories of recipients as prescribed
				 by legislative mandate (including federal programs).
4. Grants, subsidies, entitlements or
				 benefits purchased.
5. Grants in
				 the form of subsidies or general assistance shall be administered by state
				 agencies in accordance with legal mandates restricting or defining the use of
				 such funds.
6. Grants, subsidies,
				 entitlements or benefits purchased on behalf of, or paid directly to,
				 individuals. Examples include but shall not be limited to:
a. transportation services - public bus,
				 taxicab, ferry);
b. education and
				 recreation benefits;
c. fees -
				 tuition costs, registration; and
d.
				 medical, dental, food stamps, etc.
7. Employee expenses, subsidies and benefits.
				 Examples include but shall not be limited to:
a. meals, parking, mileage and travel not
				 covered by state contract;
b.
				 allowances (e.g., tools, clothing) per union contract;
c. fees - dues/membership, tuition costs,
				 conference registration.
d.
				 tuition; and
e.
				 tests/examinations/certifications.
8. Claims - reimbursement for damages.
				 Vouchers for tort claims authorized by the General Assembly, accompanied by a
				 copy of the appropriate legal decision and authorized by the Budget Office may
				 be submitted directly to the Controller for payment.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 10 - Expenditures Which Are Not Procurements (220-RICR-30-00-10) › Section 220-RICR-30-00-10.4 - SPECIAL PROVISIONS AND REQUIREMENTS FOR GRANTS

Current through June 14, 2024
A.
				 Contracting Authority.
1. Grantor agency
				 directors may request delegation of contracting authority to enter into
				 agreements for the purpose of distributing grants.
a. Such authority shall be subject to written
				 documentation/explanation as to why the nature of the relationship between the
				 agency and the payee does not constitute a procurement.
b. Delegated contracting authority does not
				 require the issuance of a purchase order.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 11 - Inventory Warehousing Management (220-RICR-30-00-11) › Section 220-RICR-30-00-11.1 - INVENTORY WAREHOUSING MANAGEMENT

Current through June 14, 2024
A. Authority for
				 the centralization of management and control of warehousing is set forth in
				 R.I. Gen. Laws §
										37-2-12(1).
1. Under the jurisdiction of the Chief
				 Purchasing Officer or his designee, action as appropriate shall be taken and
				 continuously maintained to assure least cost availability of supplies,
				 foodstuffs, and other commodities necessary to the efficiency of Agency
				 services and State Government.
2. A
				 decision to classify a storage facility as a storeroom or as a warehouse shall
				 be at the discretion of the Chief Purchasing Officer.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12) › Section 220-RICR-30-00-12.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										37-2-9 and
					  37-2-13 by the Department of Administration. The Director of the Department of
					 Administration has the authority to delegate certain procurement authority to
					 the Department of Transportation when such delegation is in the best interest
					 of the State and the public pursuant to R.I. Gen. Laws Chapter
					 37-2.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12) › Section 220-RICR-30-00-12.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to set forth specific
					 procurement procedures for RIDOT projects due to the unique nature of RIDOT
					 projects and the federal and state oversight over such
					 projects.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12) › Section 220-RICR-30-00-12.4 - BIDDING REQUIREMENTS AND CONDITIONS

Current through June 14, 2024
A.
				 Prequalification of Bidders
1.
				 Prequalification of bidders shall be done in accordance with
				  23 C.F.R. §
												635.110  and R. I. Gen. Laws Chapter 37-2,
				 together with this Part.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12) › Section 220-RICR-30-00-12.5 - AWARD AND EXECUTION OF THE CONTRACT

Current through June 14, 2024
A. Consideration
				 of Proposals
1. After the Proposals are opened
				 and read, they will be compared on the basis of the summation of the products
				 of the estimated quantities shown in the Proposal by the unit bid prices. The
				 results of such comparisons will be made available to the public.
2. RIDOT and the Division of Purchases
				 reserves the right to correct arithmetic errors in the Proposals prior to
				 comparison of said Proposals. In the event of a discrepancy between unit bid
				 prices and extensions, the unit bid price shall govern.
3. RIDOT and the Division of Purchases
				 reserves the right to reject any or all Proposals, to waive technicalities or
				 to advertise for new Proposals.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.1 - Purpose

Current through June 14, 2024
The purpose of the General Conditions of Purchase is to
					 provide a comprehensive, clear, consistent and reasonable set of contractual
					 terms to serve as the base agreement between the State of Rhode Island
					 ("State") and a Vendor. These General Conditions, along with items specified in
					 §
										13.4     of
					 this Part herein, shall serve as the Contract with the State regardless of the
					 method of procurement.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.2 - Definitions

Current through June 14, 2024
A. For the purposes of this Part, the
				 following definitions shall apply:
1.
				 "Contract" means a Purchase Order, Purchase Agreement, and/or Letter of
				 Authorization issued by the Division, along with any and all contractual
				 documents incorporated by reference by the Division.
2. "Purchase agreement" means a written
				 document formally issued by the Division to a Vendor that binds the parties to
				 general terms, but does not represent a specific order for goods or services. A
				 Purchase Agreement may include:
a. A
				 "Statewide purchase agreement" or "Master price agreement" or "MPA," which
				 serves as an agreement for more than one agency, but does not include a
				 specific quantity until a Purchase Order is issued; or
b. An "Agency purchasing agreement," or
				 "Agency pricing agreement," or "APA," which serves as an agreement for one
				 agency, but does not include a specific quantity until a Purchase Order is
				 issued;
3. "Vendor"
				 means any individual, firm, corporation, partnership or other entity submitting
				 a proposal to the Division indicating a desire to enter into contracts with the
				 State of Rhode Island, or with whom a Contract is executed by the State
				 Purchasing Agent.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.4 - Entire Agreement

Current through June 14, 2024
A. Incorporation
The Purchase Order, Purchase Agreement or Letter of
					 Authorization issued by the Division, together with associated documents
					 referenced therein, shall constitute the entire and exclusive agreement between
					 the State and any Vendor receiving an award. As noted in §
											13.1     of this Part, the
					 resulting Contract shall incorporate by reference:
1. The "State Purchases Act," R.I. Gen. Laws
				 §
											37-2-1,
				 et seq.;
2. The Procurement
				 Regulations adopted pursuant thereto;
3. The Vendor Certification Cover
				 Form;
4. All other applicable
				 provisions of the Rhode Island General Laws and applicable federal
				 laws;
5. The specific requirements
				 described in the solicitation and related solicitation documents;
6. These General Conditions of Purchase,
				 along with applicable addenda as referenced in §
											13.34     of this Part herein;
				 and
7. The offer/proposal submitted
				 by Vendor and accepted by the State.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.5 - Relationship of Parties

Current through June 14, 2024
The selected Vendor must be fully qualified and capable in
					 all material respects to provide the specified goods and/or services. Unless
					 specifically provided for in the solicitation, the Vendor shall be an
					 independent contractor and not an employee, agent, partner or joint venturer
					 with the State. Nothing herein shall be construed as creating any contractual
					 relationship or obligation between the State and any sub-bidder, subcontractor,
					 supplier of the Vendor, and/or employee of the Vendor. With that said, the
					 State may consider Vendor non-payment of subcontractors or suppliers in
					 determining whether an award to the Vendor is in the best interest of the
					 State. If the solicitation allows, and the Vendor is a joint entity consisting
					 of more than one individual, partnership or corporation or other business
					 organization, all such entities shall be jointly and severally liable for
					 performing the Contract; however, one entity shall be designated as the lead
					 Vendor for contracting purposes.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.6 - Specified Quantity Requirements

Current through June 14, 2024
A. Except where
				 expressly specified to the contrary, all solicitations are predicated on a
				 specified quantity of goods or services, or for a specified level of funding.
				 Provided, however, that:
1. If stated in the
				 solicitation, the State reserves the right to modify the quantity, scope of
				 service, or funding of any Contract, with no penalty or charge, by written
				 notice to the Vendor; and,
2. The
				 State shall not accept quantities in excess of the specified quantity except
				 where the item is normally sold by weight (where sold by weight, the State
				 shall not accept quantities greater than ten per cent [10%] of the specified
				 quantity), or where the solicitation provides for other than exact quantities;
				 and,
3. Quantities and performance
				 periods set forth in a Purchase Order or a Purchase Agreement may be increased
				 or extended with approval of the State Purchasing Agent provided; however, that
				 any such increase or extension shall be documented through issuance of a Change
				 Order issued by the Division.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.7 - Term and Renewal

Current through June 14, 2024
Where offers have been requested or Contracts awarded for
					 terms exceeding periods of twelve (12) months, it is mutually understood and
					 agreed that the State's commitment is subject to the appropriation of funding
					 and is limited to a base term not to exceed twelve (12) months, subject to
					 renewal annually at the State's sole option for successive one-year terms,
					 except where expressly specified to the contrary. Purchase Orders, Purchase
					 Agreements, and/or Change Orders appearing to commit the State to obligations
					 of funding or terms of performance in excess of twelve (12) months may be
					 executed for administrative convenience, but are otherwise subject to this
					 provision. In such cases the State's renewal shall be deemed to be automatic,
					 conditional on the continued availability of appropriated funds for the
					 purpose, except as written notice of the State's intent not to renew is
					 served.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.8 - Delivery

Current through June 14, 2024
A. Delivery must be made as ordered and in
				 accordance with the solicitation and Vendor's proposal. If delivery
				 qualifications do not appear on the Vendor's proposal, then the proposal shall
				 be interpreted to mean that goods are in stock and that shipment will be made
				 within seven (7) calendar days after issuance of the Purchase Order. The
				 decision of the State Purchasing Agent as to reasonable compliance with the
				 delivery terms shall be final. The burden of proof for delay in delivery of an
				 order shall rest with the Vendor. Except when authorized on the Purchase Order:
1. All prices shall be quoted F.O.B.
				 destination, freight pre-paid with all transportation and handling charges paid
				 by the Vendor;
2. Responsibility
				 and liability for loss or damage shall remain with the Vendor until final
				 inspection and acceptance when responsibility shall pass to the State except as
				 to latent defects, fraud and or Vendor's warranty obligations;
3. Deliveries shall be inside deliveries to
				 other than a loading dock, front lobby or reception area and as designated in
				 the Purchase Order; and,
4. Costs
				 shall include all packaging and/or crating charges which shall be of durable
				 construction, good condition, properly labeled and suitable for handling of
				 contents.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.9 - Foreign Entities

Current through June 14, 2024
In accordance with R.I. Gen. Laws §
										7-1.2-1401,
					 no business entity shall have the right to transact business in Rhode Island
					 until it shall have procured a certificate of authority to transact business in
					 the State from the Rhode Island Secretary of State. The term "Entity" means a
					 corporation, a business trust, or association, a real estate investment trust,
					 a common-law trust, a sole proprietorship or any other unincorporated business,
					 or entity including a partnership, whether general or limited, (including a
					 registered limited liability partnership), a foreign limited liability company,
					 or as defined in R.I. Gen. Laws §
										7-1.2-1401.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.10 - Product Acceptance

Current through June 14, 2024
A. Quality
All goods offered or otherwise provided by Vendors shall
					 be new, of the latest model or design, sourced from regular stock product
					 inventories with all parts regularly used with the type of goods offered,
					 without attachment(s) or part(s) substituted or applied contrary to
					 manufacturer's recommendation and standard practice, of prime manufacture, and
					 of first quality unless otherwise specified by the State.
B. Rejection of Nonconforming Goods
The State reserves the right to reject all nonconforming
					 goods, and to cause their return for credit or replacement, at the State's
					 option. Contract deliverables specified for procurement of services shall be
					 construed to be work product, and subject to the provisions of this
					 Section.
1. Failure by the State to
				 discover latent defect(s) or concealed damage or non- conformance shall not
				 foreclose the State's right to subsequently reject the goods in
				 question.
2. Formal or informal
				 acceptance by the State of non-conforming goods shall not constitute a
				 precedent for successive ordering, receipt, acceptance, or procurement of
				 non-conforming goods.
3. If the
				 Vendor fails to promptly cure the defect or replace the goods, the State
				 reserves the right to cancel the Purchase Order. The State may then contract
				 with a different Vendor and invoice the original Vendor for any differential in
				 price over the original Contract price.
4. When materials, equipment or supplies are
				 rejected, the same must be removed by the Vendor from State property within
				 forty-eight (48) hours of notification, unless otherwise specified by the
				 State. Rejected items left longer than forty-eight (48) hours or another time
				 set by the State, shall be regarded as abandoned and the State shall have the
				 right to dispose of those items at the Vendor's expense.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.11 - Ownership

Current through June 14, 2024
Unless otherwise specifically provided for in the
					 solicitation, General Conditions, or General Conditions Addenda, all data,
					 material and documentation prepared for the State shall be considered work for
					 hire and belong exclusively to the State.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.12 - Product Warranties

Current through June 14, 2024
A. All product or
				 service warranties normally offered by the Vendor shall accrue to the State's
				 benefit, in addition to any special requirements or benefits which may be
				 stated in the solicitation and/or additionally offered by the Vendor in its bid
				 or proposal. During the term of any maintenance period, but for no less than
				 one year from acceptance, the Vendor shall warrant:
1. The product or services shall perform
				 according to the specific claims and representations made by the Vendor in its
				 bid or proposal;
2. The services or
				 product offered by the Vendor are suitable for the ordinary purposes for which
				 such product is used or services provided;
3. The product or services offered by the
				 Vendor are suitable for any special purposes identified in the solicitation or
				 for which the State has relied on the Vendor's skill or judgment;
4. The product was designed and the services
				 performed in a commercially reasonable manner; and,
5. The product or services are free from
				 defects in material and workmanship.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.13 - Payment

Current through June 14, 2024
A. Unless otherwise provided for in the
				 solicitation, Purchase Order or Agreement, payment (subject to retention or
				 set-off, if applicable) shall not be made by the State until goods and are
				 delivered or services performed, in full, and accepted. After such acceptance,
				 payment shall not be due until a properly submitted invoice, with satisfactory
				 documentation, is delivered to the State. Payment then shall be made promptly
				 in accordance with R.I. Gen. Laws §
										42-11.1-1, et
				 seq.:
1. Vendor payment terms other than as
				 set forth herein may be rejected as being non-responsive.
2. No partial shipments will be accepted,
				 unless provided for by the solicitation or Purchase Order.
3. Where a question of quality or performance
				 is involved, payment in whole or part against which to charge back any
				 adjustment required, shall be withheld at the direction of the State Purchasing
				 Agent.
4. In the event a cash
				 discount or rebate is stipulated, the withholding of payments, as herein
				 described, will not deprive the State from taking such discount or
				 rebate.
5. If not rejected,
				 payments for used portion of inferior or defective goods shall be made by the
				 State on an adjusted price basis.
6. Requests for payments on Contracts under
				 architectural or engineering supervision must be authorized by the architect or
				 engineer and submitted to the agency involved for approval.