Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 14 - Vendor Suspension And Debartment
Section 220-RICR-30-00-14.6 - Notification, Protest and Reconsideration

Universal Citation: 220 RI Code of Rules 30 00 14.6

Current through September 18, 2024

A. The Purchasing Agent shall notify in writing any vendor whom he or she intends to suspend or debar. Notice shall be issued to the email address that the vendor has on file with the Division of Purchases (or post office address if vendor email address is not on file). Such notice shall:

1. State the nature of and, in the case of suspension, the duration of the sanction,

2. Provide the vendor with the rationale for the decision, and

3. Provide a reasonable time for reconsideration not less than fourteen (14) calendar days within which the vendor may provide justification for why such action should not be implemented.

4. If a suspension or debarment is based upon charges of fraud or dishonesty pursuant to §§ 14.5(B)(3), 14.5(B)(7), 14.5(C)(2)(b) or 14.5(C)(2)(f) of this Part, the vendor may request an opportunity to be heard before the Purchasing Agent prior to the issuance of the reconsideration decision.

B. If the Chief Purchasing Officer determines that immediate suspension is necessary to prevent serious harm to the State of Rhode Island, the suspension may take effect immediately upon transmittal of a written notice of such immediate suspension to the vendor. The written notice shall include the applicable provisions of §§ 14.6(A)(1) through (4) of this Part, above. Notwithstanding any other provisions of this Part, any contractor federally suspended or debarred shall by reason of such suspension or debarment be simultaneously suspended or debarred by the Division of Purchases.

C. Where reconsideration has been requested in writing by a vendor, the Purchasing Agent shall, upon expiration of the reconsideration period, notify the affected vendor of his or her final decision. Where no such request is received, the action shall be implemented without notice.

D. Protests of a suspension or debarment may be submitted to the Chief Purchasing Officer in accordance with Part 1.6 of this Subchapter and R.I. Gen. Laws § 37-2-52.

E. Where issuance of a purchase order or other award to a particular vendor may compromise the best interests of the State, nothing herein prevents the Purchasing Agent from directing that a suspension or debarment take effect immediately.

F. No notice shall be required where the Purchasing Agent rejects the offer of a vendor for an individual procurement.

G. A vendor who has been suspended shall not be reinstated until he or she has submitted a written request for reinstatement to the Purchasing Agent, with evidence that the reason for suspension or revocation has been corrected.

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