Title 37, Title 37 Property and Works

(a) Within sixty (60) days after July 1, 1989, the chief purchasing officer shall promulgate the initial state purchasing regulations in accordance with current policies and procedures. The initial regulations may be promulgated on an interim basis and shall be promulgated on a f…

(a) No request for proposal shall change to a master-price agreement unless the request for proposal is cancelled and reissued as a master price agreement. (b) No vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor may bid on a request for prop…

The purchasing agent shall maintain a close and cooperative relationship with the using agencies of the state. Any using agency may at any time make recommendations concerning procurement to the purchasing agent.

As used in this chapter unless the context in which they are used clearly requires a different meaning: (1) “Cost-reimbursement contract” shall mean a contract under which the state reimburses the contractor for those contract costs, within a stated ceiling, which are allowable a…

Except for purchases solicited pursuant to the provisions for small purchases set forth in § 37-2-22, all state contracts and purchases shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in § 37-2-17.1. Except as otherwise a…

(a) The chief purchasing officer is directed to institute an electronic vendor information program which shall enable all invitations for bid and requests for a proposal to be accessed electronically by all potential vendors. This program is to be readily accessible through publi…

All public agencies as defined by § 37-2-7(16) shall utilize the RIVIP established by the chief purchasing officer for state agencies (director of the department of administration) to implement the requirements of §§ 37-2-17 and 37-2-17.1. The director of administration shall be …

(a) Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive sealed bidding 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 …

(a) Contracts exceeding the amount provided by § 37-2-22 may be awarded by electronic reverse auctions when it is determined in writing by the chief purchasing officer that the state will obtain a better value with this method than with a competitive sealed bid process. Factors t…

The three (3) public institutions of higher education (the University of Rhode Island, Rhode Island College and the Community College of Rhode Island) shall be exempt from the competitive bidding process provisions of this chapter for research or research related activity funded …

(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 §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation. (b…

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are to: (1) Simplify, clarify, and modernize the law governing purchasing by the state of Rhode Island and its local…

(a) In the event that all bids submitted pursuant to competitive sealed bidding under § 37-2-18 result in bid prices in excess of the funds available for the purchase and the chief purchasing officer determines in writing: (1) That there are no additional funds available from any…

(a) Sole source. A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the chief purchasing officer or purchasing agent, determines, in writing, that there is only one source for the required supply, service, …

Procurements, not to exceed an aggregate amount of twenty-five thousand dollars ($25,000) for construction and ten thousand dollars ($10,000) for all other purchases may be made in accordance with small purchase regulations promulgated by the chief purchasing officer. Procurement…

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined, in writing, that the cancellation or rejection is taken in the best interest of the state and approved by the chief purchasing o…

(a) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer. (b) A reasonable inquiry to determine the financial strength and responsibility of a business which is a …

The chief purchasing officer may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors of the supplies, services, and construction shall in…

(a) Potential bidders shall be prequalified for participation in each electronic auction. (b) A request for qualifications shall be issued stating the intent to conduct a reverse auction in accordance with the provisions of § 37-2-18.1. The request for qualifications shall identi…

Prequalification for a contractor who bids on road work for the department of transportation shall be as follows: (1) A list of equipment in his or her possession and which he or she proposes to use on the contract if awarded to him or her. (2) The name and qualifications of his …

A person who bids on a construction management contract shall provide the following information, which information shall constitute the prequalifications for a construction management contract. (1) Firm history. (i) Name of the firm. (ii) Location of principal and branch offices.…

(a) Prior to procuring construction manager at-risk services, the chief purchasing officer must sign a written determination documenting the following: (1) That in accordance with the factors set forth in subsection (c) below, the general contractor method of construction managem…

(a) In order to bring the experience and knowledge necessary to maximize the benefits of the construction manager at-risk method of construction management, a using agency shall procure an owner’s program manager as set forth in § 37-2-7(32) prior to procuring a construction mana…

(a) When procuring construction manager at-risk services for a using agency, other than a public corporation or a public agency, a technical review committee shall be appointed by the chief purchasing officer to evaluate the statements of qualifications, performance data, and cos…

(a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be pr…

(a) All documents related to a construction project delivered through a construction manager at-risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made…

(a) A contractor shall submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of: (1) The pricing of an…

The cost plus a percentage of cost type of contract shall not be used.

(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, Title 6A, the law merchant, and the law of contracts, including, but not limited to, agency, fraud, misrepresentation, duress, coercion, mis…

(a) No contract providing for the reimbursement of the contractor’s cost plus a fixed fee, hereinafter referred to as a cost reimbursement contract, may be made under § 37-2-19, 37-2-20, or 37-2-21 unless it is determined, in writing, by the chief purchasing officer that the cont…

Subject to the limitations of §§ 37-2-29 and 37-2-30, any type of contract which will promote the best interests of the state may be used.

Except with respect to firm fixed price type contracts, no contract type shall be used unless it has been determined in writing that the proposed contractor’s accounting system will permit timely development of all necessary cost data in the form required by the specific contract…

(a) Unless otherwise provided in the statute making appropriations therefor, multi-year contracts for supplies and services may be entered into for periods extending beyond the end of the fiscal year in which the contract was made, if funds for the first fiscal year of the contem…

(a) The department of administration may inspect the plant, or place of business of a contractor, or any subcontractor under any contract awarded or to be awarded by the state. (b) The department of administration may audit the books and records of any person who has submitted co…

The determinations required by §§ 37-2-19(a), (b), (c) and (f); 37-2-20(a), (b) and (c); 37-2-21; 37-2-22; 37-2-24(a); 37-2-27(3); 37-2-30(a); and 37-2-52(c) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

(a) When for any reason collusion is suspected among any bidders or offerors, a written notice of the facts giving rise to the suspicion shall be transmitted to the attorney general. (b) All documents involved in any procurement in which collusion is suspected shall be retained u…

(a) A summary shall be compiled annually by the purchasing agent, within ninety (90) days following the close of the fiscal year, of contracts made under §§ 37-2-21 and 37-2-22 during that preceding fiscal year. The summary shall: (1) Name each contractor; and (2) State the amoun…

(a) The chief purchasing officer shall have 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: (1) Prepare and issue standard specif…

The state controller shall order no payment to any person on account of any contract for any construction which is subject to the state building code, unless and until the state building commissioner has certified to the state controller in writing that: (1) All permits required …

The chief purchasing officer shall issue regulations providing for as many alternative methods of management of construction contracting as he or she may determine to be feasible, setting forth criteria to be used in determining which method of management of construction is to be…

This chapter shall apply to every expenditure of public funds by any state governmental entity except as otherwise provided by law, by this state, or a public agency under any contract or like business agreement, excepting only those contracts or like business agreements where th…

(a) Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the state to exceed fifty thousand dollars ($50,000). Bidder’s security shall be a bond provided by a surety company authorized to do business in thi…

The provisions of chapters 12 and 13 of this title requiring contractors to furnish performance bonds and labor and material payment bonds shall apply to all construction contracts awarded under this chapter. Waiver of the bonding requirements contained in chapters 12 and 13 of t…

(a) For all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, the chief purchasing officer shall specify clauses providing for adjustments to contract terms and conditions where there has been: (1) A unilaterally ordered change by the state; (2)…

(a) The chief purchasing officer is authorized to issue regulations permitting or requiring the insertion, in contracts for the procurement of supplies or services, of appropriate clauses to enable the chief purchasing officer to effect desired changes and modifications to those …

The chief purchasing officer shall issue regulations setting forth cost principles which shall be used: (1) As guidelines in the negotiation of: (i) Estimated costs of fixed prices when the absence of open marker competition precludes the use of competitive sealed bidding; (ii) A…