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

Universal Citation: 220 RI Code of Rules 30 00 5.11

Current through September 18, 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.

B. Formal Competitive Bids.

1. Except under emergency circumstances, competitive bids shall be obtained in the form of sealed written quotations for all procurements exceeding one thousand dollars ($1,000), and except as otherwise provided for pursuant to R.I. Gen. Laws §§ 37-2-18(a) through (h)"Competitive Sealed Bidding."

2. A formal bid shall be distinguished by:
a. A specific date and time by which sealed written bids must be submitted;

b. An opening of all bids at a specified time at the Division of Purchases;

c. The solicitation of a minimum of three selected bidders who are potential suppliers for the commodity or service to be procured.

3. All Formal Competitive bids shall be issued by the Division of Purchases.

C. Informal Competitive Bids.

1. Oral quotations (including telephone) may be solicited for purchase orders with a value less than one thousand dollars ($1,000). If the Division of Purchases is unable to verify prices using published lists/catalogs or by market analysis, the lowest quotation obtained by telephone solicitation for procurements exceeding two hundred and fifty dollars ($250) shall be confirmed in writing.

2. An informal bid shall be distinguished by:
a. Lack of a specific time by which bids must be submitted;

b. Lack of sealed written bids; quotes may be oral on the spot or by telephone and confirmed at a later date in writing;

c. Lack of an opening and reading of bids;

d. The solicitation of selected registered or unregistered bidders who are potential suppliers for the commodity or service to be procured and/or vendors suggested for consideration by the user agency.

3. Informal bids shall be solicited from a minimum of three suppliers.

4. All informal bid invitations shall be conducted in such fashion as to maximize the opportunity for participation of all responsible suppliers.

5. For those purchases not affected by regional considerations, requests for quotations (RFQ's) shall be distributed equitably among various responsible suppliers. Where practical, a quotation will be solicited from other than the previous supplier prior to placing a repeat order.

6. When informal competitive bids are received in accordance with the provisions contained herein and award is not made to the low bidder, the Purchase Order File shall be annotated with statements of how the supplier was selected and why the price is fair and reasonable.

7. Purchasing management shall audit the use of informal competitive bids. As a minimum, quarterly review of performance by buyers should be conducted to sample (on a random basis) the reasonableness and effectiveness of buyer use and documentation of the informal bid process.

D. Requests for Proposal

1. Requests for Proposal (RFP) shall be utilized to solicit competitive offers in all cases where:
a. Lowest price is not the sole or primary consideration to be used in determining an award; or

b. Performance is neither specific nor objective, and open to the offerer's interpretation; or

c. It is otherwise anticipated that offers may be substantially different and that there is insufficient common ground for objective comparison; or

d. It is anticipated that changes will be made after proposals are opened and that the nature of the proposals and/or prices offered will be negotiated prior to award.

2. Wherever possible, the Request for Proposal shall define the performance or benefit required and shall set forth specific criteria to be utilized in evaluation of offers.

3. Offers shall be evaluated by a committee comprised of a representative of the Division of Purchases, representative of the user agency, and other appropriate parties on the basis of:
a. The qualifications of the offerers, established by professional accomplishment and previous experience;

b. Aspects of offers which provide benefit, other than those based on cost; and

c. Other provisions of offers which are determined to serve the best interests of the State.

4. Nothing herein shall be construed to preclude the possibility of determining an award solely on the basis of cost.

5. The evaluation of offers, including the weight assigned to various aspects of the offerers, and all award determinations, including the reasons for a selection recommendation, shall be fully documented.

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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