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

Universal Citation: 220 RI Code of Rules 30 00 5.1

Current through September 18, 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.

B. "Bid abstract" means a summary of responsive bids to a solicitation.

C. "Bid bond" means an insurance agreement in which a third party agrees to be liable to pay a certain amount of money in the event that a specific bidder, if his bid is accepted, failed to accept the contract as bid.

D. "Bid deposit" or "Bid security" or "Bid surety" means a sum of money or check deposited with and as instructed by the prospective purchaser to guarantee the bidder (depositor) will, if selected, accept the contract in accordance with the bid.

E. "Bid opening" means the process through which bids are opened and the contents revealed for the first time to the state, other bidders and to the public.

F. "Bid sample" means a sample required of a bidder for examination, comparison, testing, and evaluation for the prospective purchaser.

G. "Collusive bidding or corrupt combination" means the response to bid invitations by two or more vendors who have secretly agreed to circumvent laws and rules regarding independent and competitive bidding.

H. "Commodity" means an article of trade, a movable article of value, something that is bought or sold; any movable or tangible thing that is produced or used as the subject of barter or sale.

I. "Competition" means the process by which two or more vendors vie to secure the business of a purchaser by offering the most favorable terms as to price, quality, delivery and/or service.

J. "Established catalogue price" means the price included in the most current catalogue, price schedule or other form that:

1. is regularly maintained by a manufacturer or vendor of an item; and

2. is either published or otherwise available for inspection by customers; and

3. states prices at which sales are currently or were last made to a significant number of any category of buyers, or to the general buying public for that item; and

4. states prices which are obtained from the most recent industry wide publications and informational journeys if any. (R.I. Gen Laws § 37-2-15(2))

K. "Evaluated bid price" means the dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value (R.I. Gen. Laws § 37-2-15(3)).

L. "Evaluation of bid" means the process of examining a bid after opening to determine the bidder's responsibility, responsiveness to requirements, and to ascertain other characteristics of the bid that relate to determination of the successful bidder.

M. "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in R.I. Gen. Laws § 37-2-18, and except as otherwise defined pursuant to R.I. Gen. Laws §§ 37-2-18(a) through (h)"Competitive Sealed Bidding." (R.I. Gen. Laws § 37-2-15(4))

N. "Proposal evaluation criteria" means factors, usually weighted, relating to management capability, technical capability, manner of meeting performance requirements, price and other important considerations used to evaluate which proposer in a competitive negotiation has made the most advantageous offer.

O. "Recycled product" means a product containing pre-consumer content and post-consumer content. (R.I. Gen. Laws § 37-2-76.1)

1. "Pre-consumer content" means any material generated during any steps in the production of an end product, but does not include any waste material or byproduct that can be reused or has been normally reused within the same plant or another plant of the same parent company.

2. "Post-consumer content" means those materials generated by a business or consumer which have served their intended end uses and which have been separated or diverted from solid waste. Printer's waste, lathe wastes, and other wastes generated during production of an end product and undistributed finished products are not "post-consumer content."

3. "Office paper products" means any paper used by the state for the purpose of writing, printing, copying, and/or typing, including, but not limited to, computer, bond, xerographic, forms and/or duplicator paper, envelopes, business cards, index cards, and writing pads, either white or colored.

P. "Request for bids" means a solicitation which consists of a specific description of the goods and services, to which necessary blueprints, specifications, and special conditions are appended, and except as otherwise defined pursuant to R.I. Gen. Laws § 37-2-18(a) through (h)"Competitive Sealed Bidding."

Q. "Request for information" or "RFI" means a document used in informal, uncompetitive solicitation of information, data, comments, or reaction from possible suppliers preceding the issuance of a Request for Proposals or a multi-step bidding process.

R. "Request for proposal" or "RFP" means, all documents, whether attached or incorporated by reference, utilized for soliciting (competitive) proposals. (R.I. Gen. Laws § 37-2-15(5))

S. "Request for quotation" or "RFQ" means a document or oral solicitation used for seeking competition on small purchases or on any purchase lower than the amount that requires competitive bidding.

T. "Requisition" or a "purchase request" means, a document whereby a using agency requests that a contract be entered into to obtain goods and/or services for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or suggested sources of supply, and information supplied for the making of any written determination and finding required by R.I. Gen. Laws § 37-2-6. For the purposes of establishing rules and regulations pursuant the R.I. Gen. Laws Chapter 37-2, a "requisition" shall also mean an internal document by which a using agency requests the Division of Purchases to initiate a procurement. The request may include, but is not limited to, a performance or technical description of the requested item, delivery schedule, transportation mode, criteria for evaluation, suggested sources of supply, and information related to the making of any written determination required by policy or procedure. (R.I. Gen. Laws § 37-2-7(17))

U. "Responsive bidder" means a person who has submitted a bid under R.I. Gen. Laws § 37-2-20 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract. For the purposes of establishing rules and regulations pursuant the R.I. Gen. Laws Chapter 37-2, a "responsive bidder" shall also mean a bid which conforms in all material respect to the terms and conditions, specifications and any other requirements of the Bid Invitation. (R.I. Gen. Laws § 37-2-15(7))

V. "Solicitation" means the process of notifying prospective bidders or offerors that the state wishes to receive bids for furnishing goods and services. The process may consist of public advertising, mailing Invitations to Bid, posting notices, and/or telephone or telegraph messages to prospective bidders.

W. "Source selection" means the technique of appropriate selection by solicitation, i.e., competitive sealed bidding, multi-step competitive sealed bidding, competitive negotiation, small purchase procedure, sole source or emergency purchase.

X. "Specification" means a description of what the purchaser seeks to buy, and consequently, what a bidder must be responsive to in order to be considered for award of a contract. A specification may be a description of the physical or functional characteristics, or the nature of, a supply or service. It may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery; a purchase description.

1. "Standardization (of specifications)" means the process of examining characteristics and needs for items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for the purpose.

2. "Restrictive specification" means a specification or purchase description that unnecessarily limits competition by precluding items that would be capable of satisfying the intended need.

Y. "Spot purchase" means a one-time purchase occasioned by a small requirement, an unusual circumstance, or to take advantage of a favorable market condition.

Z. "Standard" means a characteristic or set of characteristics for an item that, for reasons of performance level, compatibility or interchangeability with other products, etc., is generally accepted by producers and by users of the item as a required characteristic of all items for the designed purpose.

AA. "Supplies" means all property, including but not limited to leases of real property, printing and insurance, except land or permanent interest in land. (R.I. Gen. Laws § 37-2-7(24))

BB. "Vendor" means any individual, firm, corporation, partnership or other entity submitting a proposal to the Division indicating a desire to enter into contracts with the State of Rhode Island, or with whom a Contract is executed by the State Purchasing Agent.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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