reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 4 - Vendor Prequalification › Section 220-RICR-30-00-4.4 - Responsibility and Authority of the Purchasing Agent

Current through June 14, 2024
Unless notified in writing by the Chief Purchasing Officer
					 to the contrary, the Purchasing Agent shall be authorized to act on behalf of
					 the Chief Purchasing Officer in carrying out the responsibilities and authority
					 set forth herein for selection, evaluation, prequalification, approval,
					 revocation of prequalification, and restriction of vendors.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 4 - Vendor Prequalification › Section 220-RICR-30-00-4.5 - Prequalified Vendor Lists

Current through June 14, 2024
A. Prequalified
				 Vendor Lists may be maintained by the Purchasing Agent consisting of the names
				 and addresses of prequalified vendors from whom bids, proposals, and quotations
				 can be solicited.
B. Prequalified
				 Vendor Lists shall be formatted in a manner which identifies those vendors
				 certified by the State as small disadvantaged businesses, as defined
				 above.
C. The Purchasing Agent may
				 disqualify a vendor from participating in any procurement if the vendor's
				 prequalification has been revoked pursuant to §
										4.7     of this Part or if the
				 vendor has been suspended or debarred pursuant to Part 14 of this
				 Subchapter.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 4 - Vendor Prequalification › Section 220-RICR-30-00-4.6 - Prequalification of Public Works Vendors

Current through June 14, 2024
A. Vendors must be
				 pre-qualified by the Division prior to bidding on state public works projects
				 with an estimated value of over one million dollars ($1,000,000).
1. If he or she determines that competition
				 will be limited due to the unique nature of a project, the Purchasing Agent
				 may:
a. Waive the prequalification
				 requirement for a state public works project valued over one million dollars
				 ($1,000,000);
b. Require
				 prequalification for projects less than one million dollars ($1,000,000) at the
				 discretion of the Purchasing Agent when specified in the
				 Solicitation;
c. Specify in the
				 Solicitation that vendors who are not prequalified may bid on a public works
				 project but the vendor must be prequalified prior to the issuance of the
				 award.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 4 - Vendor Prequalification › Section 220-RICR-30-00-4.7 - Revocation of Prequalification

Current through June 14, 2024
A. The Purchasing
				 Agent may revoke a vendor's prequalification. Revocation may result from:
1. Suspension or Debarment pursuant to §
											14.5     of this Subchapter;
2. Lack of
				 demonstrated responsibility or competency;
3. Failure to update information contained in
				 a vendor's pre-qualification packet on file with the Division of Purchases
				 pursuant to §
											4.6(C)(3)     of this Part;
4. When, in the judgment of the Purchasing
				 Agent, the vendor does not possess the capacity, capability, or integrity
				 requisite for the procurement.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.1 - Definitions

Current through June 14, 2024
A. "Bid" means an executed document submitted
				  by a bidder in response to an Invitation for bids, and except as otherwise
				  defined pursuant to R.I. Gen. Laws §
										37-2-18(a) through (h)"Competitive
				  Sealed Bidding" and these regulations, or a Request for Quotation.
1. "Firm bid" means a bid that binds the
				  bidder until a stipulated time of expiration.
2. "Sealed bid" means a bid which has been
				  submitted in a sealed envelope to prevent its contents being revealed or known
				  before the deadline for the submission of all bids to enhance fair competition,
				  and except as otherwise defined pursuant to R.I. Gen. Laws §
											37-2-18(a)
				  through (h)"Competitive Sealed Bidding" and these regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.2 - Competition

Current through June 14, 2024
A. In accordance with the purposes set forth
				  in R.I. Gen. Laws §
										37-2-2(b)(6), the Chief Purchasing Officer shall
				  assure that all state agency procurement activities foster effective
				  competition, such that economies in expenditure can be obtained. A competitive
				  environment shall be considered to exist when the following conditions are met:
1. Two or more items or offers can be
				  compared to determine relative merit;
2. Objective standards of comparison are
				  fairly and impartially applied;
3.
				  Offers are evaluated within a market context:
a. The lowest price offered may not be
				  considered to be a competitive price when not supported by an evaluation of the
				  market or market conditions within which the offer was rendered;
b. Market evaluation must be conducted using
				  objective standards to assure fairness and to encourage
				  participation;
4. An
				  equal opportunity for participation in any procurement applies to all
				  prospective offerors, and affirmative action to achieve participation in the
				  procurement process as a means of achieving social objectives is accomplished
				  without violation of these general principles.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.3 - Centralization

Current through June 14, 2024
A. Except as otherwise provided for herein,
				  the Purchasing Agent shall be responsible for the administration of all
				  procurement activities and determinations with respect to the solicitation and
				  evaluation of competitive offers, and to source selection.
B. Unless specifically authorized otherwise,
				  the Division of Purchases shall be the sole point of contact with prospective
				  and current offerors, relative to the business, financial and other commercial
				  aspects of all solicitations and offers:
1.
				  All other state employees shall be authorized to contact suppliers to obtain
				  technical data only, prior to the award of a contract.
2. Representatives of the Division of
				  Purchases shall be present at, or party to, all discussions with suppliers with
				  respect to current solicitations, or with respect to price or delivery
				  information, or with respect to modifications of any contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.4 - Standards and Specifications

Current through June 14, 2024
A. R.I. Gen. Laws
				  §
										37-2-38 Issuance of specifications.
1.
				  The Chief Purchasing Officer shall have the responsibility for issuing and
				  maintaining all standard specifications for supplies, services, and
				  construction required by the state. Among its duties, it shall, to the greatest
				  extent practicable:
a. Prepare and issue
				  standard specifications for supplies, services, and construction commonly
				  required by the state.
b. Revise
				  all standard specifications to conform to all technical and scientific advances
				  pertaining to the supplies, services, and construction described in those
				  specifications, and to reflect changes in the state's requirements and user
				  agencies; and
c. Establish
				  guidelines for drafting specifications.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.5 - General Provisions

Current through June 14, 2024
A. Except as
				  otherwise authorized by law, or as specifically exempted herein, all state
				  contracts shall be awarded as the result of:
1. R.I. Gen. Laws §
											37-2-17(1) 
				  competitive sealed bidding; or
2.
				  R.I. Gen. Laws §
											37-2-17(2)  competitive negotiation; or
3. R.I. Gen. Laws §
											37-2-17(3) 
				  non-competitive negotiation; or
4.
				  R.I. Gen. Laws §
											37-2-17(4)  small purchase procedures; or
5. R.I. Gen. Laws §
											37-2-18(a) through
				  (h)  competitive sealed bidding;
6.
				  R.I. Gen. Laws §
											37-2-18.1 electronic reverse auction;
7. Requests for Proposal; or
8. Where permitted by law, grants.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.6 - Rules for Solicitation

Current through June 14, 2024
A. In general,
				  solicitations will be sent only to those suppliers who have formally expressed
				  a desire to bid on the particular types of items which are the subject of the
				  bid solicitation; however, the Purchasing Agent may determine that competition
				  would be enhanced by soliciting bidders who are not on the established Bidders
				  List.
B. Small and small
				  disadvantaged businesses shall be solicited to maximum extent determined by the
				  Chief Purchasing Officer to be practicable.
C. Notification and Advertising
1. Notices shall be published in sufficient
				  time to afford suppliers a fair opportunity to respond prior to the bid opening
				  date and time.
2. Advertisements
				  may be utilized in conjunction with requests for quotations or proposals for
				  products or services at any estimated level of expenditure if the Purchasing
				  Agent so determines:
a. that the commodity or
				  service is of such special nature that opportunities for competition will be
				  enhanced by extending invitations to other than known suppliers;
b. that a purchase will be of interest to
				  supportive industries, e.g. construction projects;
c. that a purchase is unusually large or
				  infrequent.
3. The
				  Purchasing Agent may advertise in widely circulated newspapers and/or trade
				  journals to promote effective competition.
4. The Purchasing Agent may place
				  advertisements in publications directed to minority communities and/or women to
				  enhance opportunities for disadvantaged businesses to participate in the
				  bidding process.
5. The Purchasing
				  Agent shall have the sole authority to place advertisements for contracts
				  awarded under his aegis; however, he may delegate such authority as
				  circumstances dictate.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.7 - Bidder Security

Current through June 14, 2024
A. Bidder's
				  security shall be a bond provided by a surety company authorized to do business
				  in the State of Rhode Island, or the equivalent in cash, in a form satisfactory
				  to the state.
1. The bidder may submit a
				  certified check, bank check (cashier's check or treasurer's check), or money
				  order as surety instead of a bond.
2. All such sureties must be dated within 30
				  days of the bid opening date and shall be valid for no less than 60 days from
				  the bid opening dates.
3. All such
				  sureties shall be made payable to the State of Rhode Island General
				  Treasurer.
4. All sureties shall
				  contain an identification of the bid number for which the surety is intended.
				  (R.I. Gen. Laws §
											37-2-40(1))
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.8 - Cancellation of Invitation for Bids and Requests for Proposals

Current through June 14, 2024
A. An invitation for bids, a request for
				  proposals, and other solicitation may be cancelled, or all bids or proposals
				  may be rejected, if it is determined in writing that the action is taken in the
				  best interest of the state and approved by the Chief Purchasing Officer.
1. If a solicitation results in none of the
				  proposals being reasonably close to expectations, the Purchasing Agent may with
				  the written approval of the Chief Purchasing Officer declare all bids
				  unacceptable and re-solicit the procurement.
2. Nothing in R.I. Gen. Laws §§
											37-2-18(a) through (h)  and these regulations shall be construed to interfere
				  with or invalidate the results of the due diligence conducted by the division
				  of purchases, the Chief Purchasing Officer, or the Chief Purchasing Agent to
				  determine whether bids are responsive and responsible.
3. If a solicitation results in only one
				  proposal, the price of which is not reasonably close to expectations, the
				  Purchasing Agent may recommend that the Chief Purchasing Officer declare the
				  bid unacceptable and either re-solicit the procurement or ask that the price be
				  negotiated with the vendor.
4. The
				  Purchasing Agent may eliminate bidders whose offers are clearly noncompetitive
				  prior to re-solicitation.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.9 - Correction or Withdrawal of Bids

Current through June 14, 2024
A. Correction or
				  withdrawal of bids may be allowed only to the extent permitted by regulations
				  issued by the Chief Purchasing Officer. (R.I. Gen. Laws §
										37-2-18(i))
B. The Purchasing Agent
				  or his designee shall be the sole determiner of whether correction or
				  withdrawal of bids may be made without penalty.
C. The Purchasing Agent shall respond to
				  requests for correction or withdrawal within ten (10) working days, notifying
				  the bidder of the status of his bid, bid surety and continued inclusion in the
				  state's Bidders List.
D. Correction
				  of a bid.
1. Correction of a bid at any time
				  prior to bid opening may be permitted without penalty when a bidder requests
				  that his bid be returned and bidder resubmits a corrected bid prior to the bid
				  opening.
2. A vendor who fails to
				  resubmit a corrected bid before the bid opening shall be considered
				  non-responsive.
3. Requests by the
				  apparent low bidder for correction of bids identifying all error(s) and
				  specifying corrective action shall be submitted in writing to the Purchasing
				  Agent and shall be re-evaluated with all other offers within five (5) working
				  days after the bid opening.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.10 - Solicitation Criteria

Current through June 14, 2024
A. At least every
				  three (3) years the Chief Purchasing Officer shall review the prevailing costs
				  of labor and materials and may make recommendations to the next regular session
				  of the General Assembly for the revision of the then current threshold amounts
				  contained in this R.I. Gen. Laws Chapter 37-2 as justified intervening changes
				  in the cost of labor and materials.
1. The
				  Chief Purchasing Officer may make recommendations to the General Assembly for
				  changes to solicitation criteria based on factors other than the cost of labor
				  and materials. (R.I. Gen. Laws §
											37-2-58)
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.11 - Solicitation Methodology for Competitive Sealed Bidding

Current through June 14, 2024
A. Public Competitive Sealed Bids. Sealed
				  written competitive bids shall be required for purchase orders exceeding the
				  amount provided by R.I. Gen. Laws §
										37-2-22 unless it is determined in
				  writing that this method is not practicable or that the best value for the
				  state may be obtained by using an electronic reverse auction as set forth in
				  R.I. Gen. Laws §
										37-2-18.1. Bids governing highway and bridge construction
				  projects shall be governed by these regulations, except as otherwise provided
				  for in §
										5.13   of this Part entitled "Bids Governing Highway and Bridge
				  Construction Projects" and Part 12 of this Subchapter entitled "Rhode Island
				  Department of Transportation Projects."
1. The
				  term "immediately" for contracts awarded pursuant to R.I. Gen. Laws
				  §§
											37-2-18(a) through (h)"Competitive Sealed Bidding" and this
				  regulation shall mean that a copy of the redacted bid proposal shall be
				  available for public inspection by the close of business the day the subject
				  bid(s) and/or contract(s) is opened by the division of purchases.
2. Bidders shall bear the sole and exclusive
				  responsibility to provide a public copies of bids to the division of purchases,
				  for public inspection. At the time that a proposal is submitted, a bidder must
				  submit a redacted copy of the bid proposal on a readable CD-R Media Disk
				  (hereinafter referred to as a "CD"). Failure of the bidder to submit a public
				  copy on a readable CD, as required by R.I. Gen. Laws §
											37-2-18 as amended,
				  may result in the disqualification of said bid. Failure by a bidder to redact
				  from the public copy trade secrets, commercial or financial information or
				  other information the bidder deems not subject to public disclosure shall
				  subject said information to public disclosure.
3. In order to comply with the public copy
				  requirement, a bidder, at the time that a proposal is submitted, must submit a
				  redacted copy of the bid proposal on a readable CD and in accordance with the
				  solicitation. The CD should contain: the title of the solicitation as it
				  appears on the RIVIP cover letter; the name of the company and vendor
				  identification as it appears on the RIVIP cover letter; the bid response number
				  as it appears on the RIVIP cover letter; and the date of the bid as it appears
				  on the RIVIP cover letter. Failure to provide the division of purchases with a
				  readable CD with the above-cited information, as required, may result in the
				  disqualification of the bid.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.12 - Source Selection and Contract Award

Current through June 14, 2024
A. A vendor's
				  offer for a specific procurement may be rejected for:
1. Any of the causes described for suspension
				  or debarment in Part 14 of this Subchapter;
2. When, in the judgment of the Purchasing
				  Agent, the vendor does not possess the capacity, capability, or integrity
				  requisite for the procurement; or
3. When, in the judgment of the Purchasing
				  Agent, the vendor is found to be nonresponsive and/or a nonresponsible
				  bidder.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 5 - Competitive Bid and Competitive Sealed Bid Review and Source Selection › Section 220-RICR-30-00-5.13 - Bids Governing Highway and Bridge Construction Projects

Current through June 14, 2024
A. All proposals submitted in response to
				  Rhode Island Department of Transportation solicitations for FHWA funded highway
				  or bridge construction project shall include duplicate original compact disks
				  (CD).
B. All bid proposals shall be
				  opened publicly.
C. The Division of
				  Purchases shall acknowledge, in the purchasing bid room, the submission by each
				  bidder of both a paper copy of its proposal together with duplicate (2) copies
				  of the proposal on electronic compact disks (CD) which shall be compatible with
				  software required by the Rhode Island Department of Transportation pursuant to
				  Part 12 of this Subchapter.
D. If
				  the software program utilized by the Rhode Island Department of Transportation
				  in accordance with Part 12 of this Subchapter is inoperable during the bid
				  opening, then the Division of Purchases may read the bid price from the
				  submitted hard copy and make the electronic version available for public
				  inspection when the software program is online and properly functioning.
				  Alternatively, the Purchasing Agent or his or her designee may document all
				  proposals received and continue a bid opening for a date and time when the
				  software is online and functioning. An addendum shall be posted for public
				  viewing on the Rhode Island Vendor Information Program indicating the date and
				  time for continuation of the bid opening.
E. All bids received at the initial bid
				  opening shall be securely held within the Division of Purchases and no
				  additional proposals, documents, or amendments thereto will be accepted by the
				  Division of Purchases. The Division of Purchases shall not modify or amend a
				  solicitation once bid opening has commenced.
F. An abstract copy of all responsive bid
				  proposals which includes itemized pricing and total summary shall be posted for
				  public viewing on the Rhode Island Vendor Information Program by the close of
				  business on the day of bid opening.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.1 - General Provisions

Current through June 14, 2024
A. Definitions
1. "Negotiation" means contracting by the
				 provisions set forth in R.I. Gen. Laws §§
											37-2-19,
				  37-2-20,
				 and
				  37-2-21.
				 These sections refer to competitive negotiation, noncompetitive negotiation,
				 and sole source and emergency procurements. (R.I. Gen. Laws §
											37-2-7(13))
2. "Negotiation" means the process
				 of establishing contractual provisions and of gaining contractual acceptance,
				 other than solely as the result of normal competitive sealed bidding (described
				 in Part 5). For the purpose of this definition, four (4) distinct categories of
				 negotiation shall be recognized:
a. "Request
				 for proposals" or "RFP" process means a competitive procurement similar to
				 competitive sealed bidding and described in §
												5.11(D)     where proposals are evaluated based on technical and cost factors and not just
				 cost alone.
b. "Competitive
				 negotiation" means a specialized bidding procedure characterized by
				 modifications to the offers of at least two (2) vendors and/or alteration of
				 the specifications for which, or the terms and conditions under which, the
				 State has solicited offers.
c.
				 "Noncompetitive negotiation" means the establishment of contractual terms and
				 conditions, including but not limited to contract price, by discussions with a
				 single vendor, outside of the procedures established for competitive
				 bidding.
d. "Best and final offer"
				 or "BAFO" means the process outlined in §
												6.3(D)     for
				 vendors to submit their best offer based on requirements in final
				 form.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.2 - Competitive Negotiation

Current through June 14, 2024
A. Applicability of
				 R.I. Gen. Laws §
										37-2-19(a) 
				 When, under Regulations issued by the Chief Purchasing Officer, the Purchasing
				 Agent determines in writing that the use of competitive sealed bidding is not
				 practicable, and except as provided in R.I. Gen. Laws §§ 37-2 - 21
				 and
				 37-2-22, a
				 contract may be awarded by competitive negotiation. (See Exceptions to
				 Competitive Bidding Requirements.)
B. Under R.I. Gen. Laws §
										37-2-19(c),
				 contracts may be competitively negotiated when it is determined in writing by
				 the Purchasing Agent that the bid prices received by competitive sealed bidding
				 either are unreasonable as to all or part of the requirements, or were not
				 independently reached in open competition, and for which:
1. Each competitive bidder has been notified
				 of the intention to negotiate and is given reasonable opportunity to negotiate;
				 and
2. The negotiated price is
				 lower than the lowest rejected bid by any competitive bidder; and
3. The negotiated price is the lowest
				 negotiated price offered by a competitive offeror.
4. "Competitive bidder/offeror" shall mean
				 responsible bidder or offeror.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.3 - Procedures

Current through June 14, 2024
A. Request for Proposal
1. In accordance with R.I. Gen. Laws §
											37-2-19(b),
				 adequate public notice of the request for proposals shall be given in the same
				 manner as provided for Competitive Sealed Bidding.
2. Requests shall describe and enumerate the
				 item(s) covered, their specification(s), contract terms(s), and any other
				 special provisions or requirements.
a. In
				 accordance with R.I. Gen. Laws §
												37-2-19(c),
				 the request for proposals shall indicate the relative importance of price and
				 other evaluation factors.
3. At a public opening of responses to RFPs,
				 the Division of Purchases shall not be required to reveal other than the names
				 of those responding. In the best interests of the State and in accordance with
				 the State's Access to Public Records Act, R.I. Gen. Laws §
											38-2-1
et seq.
, the Purchasing Agent may disclose the proposals
				 and/or formal rationale for tentative selection at or after the time of
				 tentative selection of a vendor(s).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.4 - Noncompetitive Negotiation

Current through June 14, 2024
A. In the event
				 that all sealed bids submitted through a formal solicitation result in bid
				 prices in excess of the funds available for the purchase, and the Chief
				 Purchasing Officer determines in writing that there are no additional funds
				 available from any source so as to permit an award to the lowest responsive and
				 responsible bidder and the best interest of the State will not permit the delay
				 attendant to a re-solicitation under revised specification, or for revised
				 quantities, under competitive sealed bidding, then a negotiated award may be
				 made as set forth in this Section. R.I. Gen. Laws §
										37-2-20(a).
B. Noncompetitive negotiation may be used to
				 improve the price offered of the evaluated lowest-cost response to any
				 competitive bid.
C. The Chief
				 Purchasing Officer may authorize the award of a contract on the basis of
				 noncompetitive negotiation, where the Purchasing Agent has determined in
				 writing that:
1. A single or sole source
				 procurement is involved, or
2. The
				 product, or market in which a product is sold, is noncompetitive in nature,
				 or
3. Collusive or exclusionary
				 selling practices are in evidence.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.5 - Truth in Negotiation Requirements - Cost or Pricing Data

Current through June 14, 2024
A. Under R.I. Gen. Laws §
										37-2-28(a),
				 a contractor shall submit cost or pricing data and shall certify that, to the
				 best of his knowledge and belief, the cost or pricing data submitted were
				 accurate, complete, and current as of a mutually determined specified date
				 prior to the date of:
1. The pricing of any
				 negotiated contract where the total contract price is expected to exceed fifty
				 thousand dollars ($50,000.00); or
2. The pricing of any change order or
				 contract modification which is expected to exceed twenty-five thousand dollars
				 ($25,000.00), or such lesser amount in either instance as may be prescribed by
				 the Purchasing Agent and approved by the Budget Office.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.6 - Subcontracting - Requirements

Current through June 14, 2024
A. Prime
				 contractors shall require subcontractors to submit cost or pricing data for
				 procurements in excess of fifty thousand dollars ($50,000.00) unless exempted
				 herein.
B. Certification - Prime
				 contractors shall require subcontractors to certify that cost and pricing data
				 submitted are accurate, complete, and current as of the date of agreement on
				 price.
C. Under R.I. Gen. Laws
				 §
										37-2-28(b),
				 any contract, change, or modification thereto under which a certificate is
				 required shall contain a provision that the price to the State, including
				 profit or fee, shall be adjusted to exclude any significant sums by which the
				 Purchasing Agent finds that such price was increased because the contractor
				 furnished cost or pricing data, as of the date agreed upon between the parties,
				 was inaccurate, incomplete, or not current.
D. Prime contractors must agree that the
				 prime contract price shall be reduced in any significant amounts by which the
				 prime contract price was overstated because a subcontractor did not submit
				 accurate, complete, and current cost or pricing data when required by
				 law.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 6 - Negotiation › Section 220-RICR-30-00-6.7 - Guidelines in Negotiations

Current through June 14, 2024
A. The purchasing
				 official responsible for the negotiation shall prepare a written statement at
				 the conclusion of each negotiation phase setting forth the principal elements
				 of the price negotiation.
1. Sufficient detail
				 shall be recorded to reflect the most significant considerations controlling
				 the establishment of the price.
2.
				 If cost and pricing data were not required, a statement detailing the basis for
				 determining that the price was fair and reasonable and the extent to which the
				 data submitted were not a factor in the price negotiated shall be
				 recorded.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.1 - DEFINITIONS

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws §
										37-2-7(26),
				 "Architect" shall mean a person who, under the provisions of Chapter
				 5-1-2, by reason of
				 his knowledge of the mathematical and physical sciences, and the principles of
				 architecture and architectural design, acquired by professional education,
				 practical experience, or both, is qualified to engage in the practice of
				 architecture as attested by his licensing as an architect in this state.
1. "Practice of architecture" shall mean
				 rendering or offering to render any of those services normally provided by
				 practicing architects. The services normally provided may include any of the
				 following practices or professional services: advice, consultation, evaluation,
				 site planning, aesthetic design, structural design, and the administration of
				 construction contracts which require expert knowledge and skill in connection
				 with the erection, enlargement, or alteration of any building or buildings, or
				 the provision of equipment or utilities therefore, or accessories thereto,
				 wherein the safeguarding of life, health, or property is concerned or involved
				 also constitutes the practice of architecture.
2. "Licensure" as an architect shall mean the
				 possession of an "architect's stamp" in accordance with Chapter
				 5-1-1,
				 which indicates professional certification by the Rhode Island Board of
				 Examination and Registration of Architects.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.2 - GENERAL PROVISIONS

Current through June 14, 2024
A. User agencies
				 shall recommend the final selection of providers of legal, medical, and dental
				 services. Agencies shall not commit funds for proposed services prior to
				 receiving approval of the recommended provider from the Chief Purchasing
				 Officer or his designee.
B. The
				 Chief Purchasing Officer may delegate to the Office of Personnel all or a
				 portion of responsibility for evaluation of the need for supplemental services
				 and for verification/validation of qualifications of proposed service
				 providers.
C. The Purchasing Agent
				 shall review proposed change orders to professional consultant contracts (other
				 than medical, dental and legal) which are (reasonably) estimated to exceed
				 twenty thousand dollars ($20,000) and shall determine whether such changes
				 constitute a scope of service requiring open competition.
D. To the extent practicable, selection of
				 supplemental service providers shall be based upon competition. The Purchasing
				 Agent shall require that, whenever possible, a scope of services be defined in
				 terms for which a bid or a response to a request for proposals may be
				 solicited.
E. In accordance with
				 the provision of R.I. Gen. Laws Chapters 5-1 and 5-8, no contract shall be
				 awarded to a person practicing architecture or engineering who has not been
				 professional certified by the appropriate registration boards.
F. Requirements for the selection of
				 construction management contractors shall be the same as those for the
				 selection of architects and engineers.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.3 - PROCUREMENT PLANNING FOR SUPPLEMENTAL SERVICES

Current through June 14, 2024
A.
				 Annually, at a date which coincides with the development of the State Budget,
				 user agencies shall submit to the Chief Purchasing Officer a Supplemental
				 Service Utilization Plan.
1. Plans shall
				 provide the following information about proposed services:
a. number of services;
b. estimated cost of each
				 contract/relationship;
c.
				 anticipated effective period of each relationship;
d. whether activities are ongoing or new
				 endeavors;
e. whether the agency is
				 proposing to continue each relationship into the next fiscal year;
				 and
f. if an ongoing relationship,
				 the initial date of the relationship.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.4 - ARCHITECTURAL, ENGINEERING AND CONSULTANT SERVICES SELECTION COMMITTEE

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws §
										37-2-59(2) 
				 a committee shall select persons or firms to render professional consultant
				 services other than medical, dental and legal services which are reasonably
				 estimated to exceed twenty thousand dollars ($20,000).
1. The State Architectural, Engineering and
				 Consultant Services Selection Committee (Committee) shall consist of the
				 following individuals:
(1) the Chief
				 Purchasing Officer or his designee, who shall be chairman of the
				 Committee,
(2) a representative of
				 the user agency, and
(3) a public
				 member, who shall be appointed by the Governor to represent the interests of
				 the general public and whose term shall be concurrent with that of the
				 Governor. The Public member shall be paid twenty-five dollars ($25.00) for each
				 meeting attended, not to exceed one thousand two hundred dollars ($1,200)
				 annually.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.5 - SUPPLEMENTAL SERVICES NOT EXCEEDING $5000

Current through June 14, 2024
A. The Chief
				 Purchasing Officer may delegate authority for selection of supplemental service
				 providers to agency chief executives when the total annual (fiscal year) value
				 of any such relationship does not exceed five thousand dollars
				 ($5,000).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.6 - ARCHITECTURAL, ENGINEERING AND CONSULTANT SERVICES SELECTION PROCESS FOR SERVICES NOT EXCEEDING $20,000

Current through June 14, 2024
A. When a
				 professional consultant contract is estimated (reasonably) to be between five
				 thousand dollars ($5000) and twenty thousand dollars ($20,000) the Purchasing
				 Agent may establish a technical review committee in conjunction with the user
				 agency to evaluate the qualifications of potential suppliers. Membership shall
				 be determined on a case by case basis. The technical committee shall recommend
				 no more than three candidates to the Purchasing Agent, who shall forward his
				 recommendations to the Chief Purchasing Officer.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.7 - ARCHITECTURAL, ENGINEERING AND CONSULTANT SERVICES SELECTION PROCESS FOR SERVICES EXCEEDING $20,000

Current through June 14, 2024
A. Solicitation
1. Public Announcement pursuant to R.I. Gen.
				 Laws §
											37-2-60.
				 The Chief Purchasing Officer shall give public notice of the need for
				 professional architectural, engineering or consultant services.
2. Such notice shall be published
				 sufficiently in advance of the date when responses must be received in order
				 that interested parties have an adequate opportunity to submit a statement of
				 qualifications and performance data.
3. The notice shall:
(1) contain a brief statement of the services
				 required,
(2) describe the
				 project,
(3) specify how specific
				 information on the project may be obtained and,
(4) be published in a newspaper of general
				 circulation in the state and in such other publications as in the judgment of
				 the Committee shall be desirable.
4. Under R.I. Gen. Laws §
											37-2-61,
				 The solicitation shall describe the state's requirements and set forth
				 evaluation criteria for the selection of the successful candidate and shall be
				 distributed to interested persons.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.8 - EVALUATION FOR SELECTION

Current through June 14, 2024
A. Criteria for
				 evaluation of candidates for supplemental services shall include, but shall not
				 be limited to:
1. Competence to perform the
				 services as reflected by technical 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;
2. Ability to perform the services as
				 reflected by workload and availability of adequate personnel, equipment, and
				 facilities to perform the services expeditiously;
3. Past performance as reflected by the
				 evaluation of private persons and officials of other governmental entities
				 which have retained the services of the firm with respect to such factors as
				 control of costs, quality of work, and ability to meet deadlines; and
4. In the case of consultant services, the
				 vendor's proposed approach to the project/assignment shall be an additional
				 criterion.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 7 - Supplemental Services (220-RICR-30-00-7) › Section 220-RICR-30-00-7.9 - REQUIREMENTS FOR OTHER SUPPLEMENTAL SERVICES

Current through June 14, 2024
A.
				 Independent Auditing
1. In accordance with
				 R.I. Gen. Laws §
											37-2-59(3) 
				 independent auditing shall be subject to the provision of R.I. Gen. Laws §
											22-13-6,which
				 requires that the Auditor General shall review and approve the proposed scope
				 of services for an independent audit and the firm selected to conduct the
				 audit.
2. Requisitions for
				 independent audit services shall be submitted to the Office of Purchases with
				 written verification of the Auditor General's approval of the proposed purchase
				 of services. Copies of correspondence from the Auditor General to the Agency
				 shall be considered sufficient authorization to proceed.
3. Contract amendments which increase the
				 original approved scope of work shall also require the Auditor General's
				 authorization.
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-30-00-8.1 - Definitions

Current through June 14, 2024
A. "Change order" shall mean a written
				 authorization signed by the purchasing agent directing or allowing the
				 contractor to proceed with changes, alterations, or modifications to the terms,
				 conditions, or scope of work on a previously awarded contract. See, R.I Gen.
				 Laws §§
										37-2-7(2) 
				 and
				  37-2-7(7).
B. In Accordance with R.I. Gen. Laws §
										37-2-7(5),
				 "Contract" shall mean all types of agreements, including grants and orders, for
				 the purchase or disposal of supplies, services, construction, or any other
				 items. It shall include awards, contracts of a fixed price, cost,
				 cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance
				 of job or task orders, leases, letter contracts, purchase orders and
				 construction management contracts. It also includes supplemental agreements
				 with respect to any of the foregoing. With respect to the procurement
				 regulations set forth herein, "contract" shall not apply to labor contracts
				 with employees of state agencies.
C. In Accordance with R.I. Gen. Laws §
										37-2-7(6),"Contract
				 Modification" shall mean any written alteration in the specifications, delivery
				 point, rate of delivery, contract period, price, quantity, or other contract
				 provisions of any existing contract, whether accomplished by unilateral action
				 in accordance with a contract provision, or by mutual action of the parties to
				 the contract. It shall include bilateral actions, such as change orders,
				 administrative changes, notices of termination, and notices of the exercise of
				 a contract option.
D. "Contract
				 Addendum" shall mean an alteration in the terms and/or scope of an agreement
				 accomplished by mutual action of the parties, permissible under emergency
				 purchases, construction work, sole source procurement, and otherwise where
				 competition is not required.
E. In
				 Accordance with R.I. Gen. Laws §
										37-2-7(7),
				 "Contractor" shall mean any person having a contract with a governmental
				 body.
F. An "independent
				 contractor" shall mean a person (individual or firm) who, in various degrees
				 and/or combinations:
1. is available to the
				 general public on a regular and consistent basis; and
2. is free to work when and for whom he/she
				 pleases; and
3. is employed by more
				 than one person or company at a time; and
4. makes a significant investment in
				 facilities not typically maintained by an employee; and
5. can realize a profit or loss as a result
				 of providing services or products.
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-30-00-8.2 - Fundamental Requirements and Principles for State Contracts

Current through June 14, 2024
A. A contract shall mean a promise, or a set
				 of promises, for breach of which the law gives a remedy, and the performance of
				 which the law recognizes as a duty.
B. Under R.I. Gen. Laws §
										37-2-54(3),
				 No purchase or contract shall be binding on the state or any agency thereof
				 unless approved by the Department [of Administration] or made under general
				 regulations which the Chief Purchasing Officer may prescribe.
1. The terms and conditions of a valid
				 Purchase Order and its supplements, as issued by the Office of Purchases and
				 signed by the Purchasing agent or his designee, shall constitute the primary
				 contractual instrument of the state.
a. Unless
				 specifically established by law, regulation or procedures published by the
				 Chief Purchasing Officer, no other instrument shall constitute a state
				 purchasing contract.
b. Oral
				 Agreements - Any alleged oral agreement or arrangements made by a bidder or
				 contractor with any agency or an employee of the Office of Purchases may be
				 disregarded and shall not be binding on the state.