Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 1 - General Provisions › Section 220-RICR-30-00-1.3 - GENERAL DEFINITIONS

Current through June 14, 2024
A. In accordance
				 with the State Purchases Act the following definitions shall be applicable to
				 state procurements and to the Procurement Regulations:
1. "APRA" means the "Access to Public Records
				 Act," R.I. Gen. Laws §
											38-2-1, et seq.
2. "Business" means any
				 corporation, partnership, individual, sole proprietorship, joint stock company,
				 joint venture, or other legal entity through which business is conducted. Cf.
				 R.I. Gen. Laws §
											37-2-7(1).
3. "Chief Purchasing Officer" means:
a. for a state agency, the director of the
				 department of administration, and
b. for a public agency, the executive
				 director or the chief operational officer of the agency.
4. "Construction'' means the process of
				 building, altering, repairing, improving or demolishing any public structures
				 or building, or other public improvements of any kind to any public real
				 property. Provided, however that "construction" shall not include the routine
				 maintenance or repair of existing structures, buildings, or real property
				 routinely performed by salaried employees of the state in the usual course of
				 their job. Cf. R.l. Gen. Laws §37-2-7(4).
5. "Data" means recorded information,
				 regardless of storage method, form or characteristic. Cf. R.l. Gen. Laws §37-2-7(8).
6. "Designee" means a duly authorized
				 representative of a person holding a superior position. Cf. R.I. Gen. Laws
				 §
											37-2-7(9).
7. "Governmental body" means any department,
				 commission, council, board, bureau, committee, institution, legislative body,
				 agency, government corporation, including, without limitation, the Board of
				 Governors for Higher Education and Board of Regents - Elementary and Secondary
				 Education or other establishment of the executive, legislative, or judicial
				 branch of the state. Cf. R.l. Gen. Laws §37-2-7(11).
8. "Imprest fund" means a petty cash fund
				 used by a state agency or department for making disbursements requiring prompt
				 cash outlays. Cf. R.I. Gen. Laws §
											37-2-55.
9. "Invitation for bids" means all documents,
				 whether attached or incorporated by reference, utilized for soliciting
				 bids.
10. "May" means permissive.
				 Cf. R.I. Gen. Laws §
											37-2-7(12).
11. "Person" means any business, individual,
				 organization or group of individuals. Cf. R.I. Gen. Laws §
											37-2-7(14).
12. "Procurement" means the purchasing,
				 buying, renting, leasing or otherwise obtaining of any supplies, services, or
				 construction. It shall also include all functions that pertain to the obtaining
				 of any supply, service, or construction item, including description of
				 requirements, selection and solicitation of sources, preparation and award of
				 contracts, and all phases of contract administration. Cf. R.I. Gen. Laws §
											37-2-7(15).
13. "Proprietary information" means
				 information or data describing technical processes, mechanisms, or operational
				 factors that a business wishes to keep from general public view in order to
				 maintain competitive capabilities in the market. See "trade secret."
14. "Public agency" means any of the
				 following agencies and any other body corporate and politic which has been here
				 before or which is hereinafter created or established by Act of the General
				 Assembly excepting cities and towns:
a. Rhode
				 Island Industrial Recreational Facilities Authority
b. Rhode Island Economic Development
				 Corporation
c. Rhode Island
				 Industrial Facilities Corporation
d. Rhode Island Refunding Bond
				 Authority
e. Rhode Island Housing
				 and Mortgage Finance Corporation
f.
				 Rhode Island Resource Recovery Corporation
g. Rhode Island Public Transit
				 Authority
h. Rhode Island Student
				 Loan Authority
i. Howard Development
				 Corporation
j. Water Resources
				 Board Corporate
k. Rhode Island
				 Health and Education Building Corporation
l. Rhode Island Higher Education Assistance
				 Authority
m. Rhode Island Turnpike
				 and Bridge Authority
n. Blackstone
				 Valley District Commission
o.
				 Narragansett Bay Water Quality Management District Commission
p. Rhode Island Telecommunications
				 Authority
q. Convention Center
				 Authority
r. Channel 36
				 Foundation
s. Rhode Island Lottery
				 Commission Cf. R.I. Gen. Laws §
												37-2-7(16).
15. "Public copy" means a copy of a bidder's
				 redacted proposal available for public inspection as required by R.I. Gen. Laws
				 §
											37-2-18 and Procurement Regulations §
											5.11     of this Subchapter.
16. "Public works" means any work which
				 consists of grading, clearing, demolition, improvement, completion, repair,
				 remodeling, alteration, or construction of any public road, highway, bridge, or
				 any portion thereof, or of any public building, structure, or facility, or any
				 portion thereof, including but not limited to heavy construction. Public works
				 shall not include the supply of goods, materials, products, professional
				 services, or maintenance services except as a required element of a
				 solicitation for the aforementioned work.
17. "Public Works Arbitration Act" means R.I.
				 Gen. Laws §
											37-16-1,
				 et seq.
18. "Purchasing agency"
				 means any state governmental body which enters into a contract to procure
				 supplies, services or construction or the Department of Administration/Division
				 of Purchases acting on behalf of another governmental body. Cf. R.I. Gen. Laws
				 §
											37-2-7(18).
19. "Purchasing agent" means the person
				 appointed in accordance with R.I Gen. Laws §
											37-2-1.
				 It also means any person with delegated authority in accordance with procedures
				 prescribed by regulations, to enter into and administer contracts and make
				 written determinations and findings with respect to contracts.
20. "Request for Proposals" also known as
				 "RFP" means all documents, whether attached or incorporated by reference,
				 utilized for soliciting proposals.
21. "Responsible bidder" or "Offeror" means a
				 person who has the capability in all material respects to perform fully the
				 contract requirements, and the integrity and reliability which will assure good
				 faith performance.
22. "Responsive
				 bidder" means a person who has submitted a bid, proposal or quotation which
				 conforms in all material respects to a solicitation.
23. "Services" means the rendering, by a
				 contractor, of its time and effort rather than the furnishing of a specific end
				 product, other than reports which are merely incidental to the required
				 performance of services. "Services" does not include labor contracts with
				 employees of state agencies. Cf. R.I. Gen. Laws §
											37-2-7(20).
24. "Shall" means imperative. Cf. R.I. Gen.
				 Laws §
											37-2-7(21).
25. "Solicitation" means an Invitation for
				 Bids, a Request for Proposals, a request for quotations, or any other document
				 issued for the purpose of soliciting bids or proposals to perform a
				 contract.
26. "State" means the
				 State of Rhode Island and any of its departments, agencies, or public agencies.
				 Cf. R.I. Gen. Laws §
											37-2-7(22).
27. "State agency" means any state
				 governmental body other than the General Assembly or public agency as defined
				 herein.
28. "Trade secret" means a
				 formula, pattern, device, or compilation of information which is used in a
				 vendors business and which gives a vendor the opportunity to obtain advantage
				 over competitors who neither know or use it. See "Proprietary
				 information."
29. "Using agency"
				 means any governmental body or public agency of the state which utilizes any
				 supplies, services or construction procured for the benefit of the state. Cf.
				 R.l. Gen. Laws §37-2-7(25).