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

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:

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:

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).