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-30-00-13.25 - Subcontracting, Assignment, Merger or Acquisition, Key Personnel, Third-Party Payment, and Prompt Payment of Subcontractors

Current through June 14, 2024
A.
				 Subcontracting
Vendors shall not subcontract with any third-party, except
					 as set forth in its bid or proposal, without the prior written consent of the
					 State Purchasing Agent. Such consent, if granted, shall not relieve the Vendor
					 of any of its responsibilities under the Contract, nor shall it create privity
					 of contract between the State and the subcontractor. If a Vendor uses a
					 sub-contractor to fulfill its responsibilities, then the Vendor shall be
					 responsible for the sub-contractor's performance, compliance with the
					 applicable terms of the Contract and all applicable statutes, rules,
					 regulations, and these General Conditions of Purchase. Provided, however, for
					 Rhode Island Department of Transportation ("RIDOT") road, bridge and heavy
					 construction projects, approval of subcontractors shall be in accordance with
					 "Bluebook" specifications issued by RIDOT. Upon request, contractors must
					 submit to the Division of Purchases a list of all subcontractors to be employed
					 in the performance of any Purchase Order or other contract arising from this
					 Request.
B. Assignment
Vendors shall not, in whole or part, assign, transfer,
					 convey, sublet, delegate or otherwise dispose of a Purchase Order, Purchase
					 Agreement or Contract with the State or its right, title or interest therein,
					 or its power to execute such Contract prior to issuance of a Purchase Order, to
					 any other person, company, corporation, or entity without the written consent
					 of the State Purchasing Agent. If consent is not granted, then the assignment,
					 transfer, conveyance, sublet, delegation, or disposal shall be void ab
					 initio.
C. Merger or
				 Acquisition
If subsequent to the submission of a bid or proposal and
					 prior to issuance of a Purchase Order or Purchase Agreement, a Vendor merges
					 with or is acquired by another entity, then the Vendor shall provide
					 appropriate and legally binding documentation between the Vendor and the
					 successor entity ratifying acceptance of the Vendor's bid, proposal and any
					 Contract terms, conditions, and pricing submitted to the Division. The State
					 Purchasing Agent may disqualify the Vendor if the successor entity is
					 determined to be not responsible.
D. If, after issuance of a Purchase Order,
				 there is a material acquisition or change of ownership of a Vendor or its
				 parent to another entity or person, the State Purchasing Agent may either
				 authorize assignment of the Purchase Order or Purchase Agreement to the
				 successor entity or cancel the Purchase Order or Purchase Agreement.
E. Key Personnel
If the Vendor's bid or proposal identified key personnel
					 who would be responsible for fulfillment of the Vendor's performance
					 obligations and said key personnel are for any reason no longer available, then
					 the State Purchasing Agent may either authorize substitution of said key
					 personnel by the Vendor or cancel the Contract.
F. Third-Party Payment
Unless expressly provided for in the solicitation, the
					 State will not accede to any request for third party or joint payment(s),
					 except as provided for in specific orders by a court of competent jurisdiction,
					 or by express written permission of the State Purchasing Agent. If a Vendor's
					 bid or proposal is contingent upon such payment(s), then it must be clearly
					 stated within the bid or proposal and is subject to approval by the State
					 Purchasing Agent.
G. Prompt
				 Payment of Subcontractors
In accordance with R.I. Gen. Laws §
											42-11.1-3(b) 
					 Vendors shall make prompt payment for satisfactory subcontract work for which
					 the State has made partial or full payment. The State reserves the right to
					 determine whether a Vendor, who repeatedly fails to make prompt payment to
					 subcontractors, is Responsible relative to future procurements, and may
					 suspend, debar or otherwise remove such Vendors from the State Bidders
					 List.