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-30-00-5.12 - Source Selection and Contract Award

Universal Citation: 220 RI Code of Rules 30 00 5.12

Current through September 18, 2024

A. A vendor's offer for a specific procurement may be rejected for:

1. Any of the causes described for suspension or debarment in Part 14 of this Subchapter;

2. When, in the judgment of the Purchasing Agent, the vendor does not possess the capacity, capability, or integrity requisite for the procurement; or

3. When, in the judgment of the Purchasing Agent, the vendor is found to be nonresponsive and/or a nonresponsible bidder.

B. Responsible Bidders: A reasonable inquiry to determine whether a vendor is responsible may be conducted pursuant to R.I. Gen. Laws § 37-2-24. To determine responsibility, the Purchasing Agent may utilize any of the criteria set forth in § 4.6(D) of this Subchapter.

1. "Prompt" as used in R.I. Gen. Laws § 37-2-24, shall mean five (5) working days unless otherwise specified by the Purchasing Agent.

2. Ability to meet performance bond requirements set forth for public works contractors in R.I. Gen. Laws Chapter 37-12 and R.I. Gen. Laws § 37-13-14 shall be required. The ability to meet performance bond requirements shall not be the sole criteria for determination of responsibility. Bidder security is required in accordance with R.I. Gen. Laws § 37-2-40(a).

3. Vendors who have been determined by the Purchasing Agent to be brokers or jobbers shall will not be issued a purchase order or other award.
a. Vendors bidding on construction or building renovation must demonstrate an ability to perform a substantial portion of the subject work using their own forces. Vendors who do not maintain permanent workforces, or who propose to subcontract a disproportionate percentage of project work shall be considered unqualified, and the Purchasing Agent reserves the right to reject their offers.

4. The Purchasing Agent may require interested vendors to submit completed state Bidder Certification Cover Forms to the Division of Purchases for consideration by the Purchasing Agent.
a. The Bidder Certification Cover Form shall be signed by a representative of the vendor who has the capacity to enter into contracts. The signature shall be an original signature made in ink and dated by the signatory. The signature shall affirm that:
(1) any and all information on the Bidder Certification Cover Form is true and accurate;

(2) the existence of relationship (blood, spousal, adoptive, financial, etc.) between a principal of the firm and any state employee where a conflict of interest may exist has been disclosed;

(3) that falsification of information contained on a signed Bidder Certification Cover Form may be grounds for criminal charges of perjury and that conviction of such charges may be grounds for debarment;

(4) that the vendor has reviewed, understands and accepts the General Conditions of Purchase, Part 13 of this Subchapter.

b. As a prerequisite condition for contract award, the Purchasing Agent may require any bidder to complete a Bidder Certification Cover Form and/or submit current certifications of financial responsibility, affirmative action compliance, drug-free and barrier free environment, and status as small, Veteran-owned and/or a small disadvantaged business as defined in § 4.3(C) of this Subchapter.

C. Pursuant to R.I. Gen. Laws § 37-2-18(h), the contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price or lowest evaluated or responsive bid price.

1. Awards shall be made within sixty (60) days of the bid opening unless expressly provided for to the contrary in the solicitation. Bids may not be withdrawn during this period without penalty without the express permission of the Purchasing Agent.

2. In accordance with R.I. Gen. Laws Chapter 37-14.1 the Purchasing Agent may, after considering the overall cost to the state prior to making a final determination of award, apply special consideration to the offers of minority business enterprises when:
a. the solicitation provides for such consideration;

b. the offer is fully responsive to the terms and conditions of the solicitation; and

c. the price offer made by the MBE is determined to be within a competitive range (not to exceed five percent (5%) higher than the lowest responsive price offer) for the product or service; and

d. the firm making the offer conforms to the definition of a minority business enterprise as set forth in Part 4 of this Subchapter (Vendor Qualification).

D. In accordance with the provisions of R.I. Gen. Laws §§ 37-14.1-7 ten percent (10%) of the dollar value of the work performed against contracts for construction exceeding five thousand dollars ($5000) shall be performed by Minority Business Enterprises where it has been determined that subcontract opportunities exist, and where certified MBE contractors are available.

1. Award of such contracts shall be subject to approval by the Director of Administration, based on the bidder's subcontracting plan. Such plan shall be submitted to the Director of Administration prior to or upon tentative notification of award by the 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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