A. R.I. Gen. Laws
§
37-2-38 Issuance of specifications.
1.
The Chief Purchasing Officer shall have the responsibility for issuing and
maintaining all standard specifications for supplies, services, and
construction required by the state. Among its duties, it shall, to the greatest
extent practicable:
a. Prepare and issue
standard specifications for supplies, services, and construction commonly
required by the state.
b. Revise
all standard specifications to conform to all technical and scientific advances
pertaining to the supplies, services, and construction described in those
specifications, and to reflect changes in the state's requirements and user
agencies; and
c. Establish
guidelines for drafting specifications.
2. All specifications shall be drafted so as
to maximize, to the extent practicable, competition in fulfillment of the
state's requirements.
B.
Certification by building commissioner. -- The state controller shall order no
payment to any person on account of any contract for any construction which is
subject to the state building code, unless and until the state building
commissioner has certified to the state controller in writing that: All permits
required under R.I. Gen. Laws §
23-27.3-113.1 for the construction for
which such payment has been requested have been issued and are valid; and the
state building commissioner has, pursuant to R.I. Gen. Laws §
23-27.3-113.3.1, verified that all construction work for which payment has been
requested and which state law requires to be performed by licensed persons has
been performed by persons so licensed. (R.I. Gen. Laws §
37-2-38.1)
C. Solicitations shall
be prepared in a manner and form which enables suppliers to submit fully
responsive and knowledgeable offers, and which clearly define the criteria to
be used in evaluating responses.
D.
All material submitted by applicants to the Division of Purchases for action
shall be in sufficient detail and shall contain adequate supportive information
to:
1. Adequately describe the purpose, use,
or desired performance level of the requirement; and
2. Identify measurable criteria for
evaluation of offers including, but not limited to, acceptance
testing.
E. Wherever
possible, solicitations shall incorporate a standard specification, describing
the level of performance required, and measurable criteria which define
acceptance.
1. In certain cases, following
detailed evaluation, brand name or other designations may be defined as
standard items, where it is determined to be in the best interest of the State
with regard to economies of scale, or cost or value analysis.
2. The Division of Purchases shall develop
Standards Committees (product advisory committees) to review, develop, and
update specifications and standard item designations for frequently and/or
extensively used products.
F. Selection and evaluation criteria shall be
clearly defined in all solicitations.
1. This
section shall apply to all competitive sealed bid contracts in amounts as
provided in R.I. Gen. Laws §
37-2-18, or as otherwise amended.
2. Unless alternate offers are clearly
requested or allowed, only those offers which are responsive, in all material
respects, to the terms of the solicitation shall be considered.
a. Alternate specifications may be considered
only where it has been determined that the alternate satisfies all objective
performance characteristics of the procurement, and represents a reduction in
expenditure;
b. Alternate terms and
conditions may be considered only where consideration is determined to be in
the best interest of the State to do so, and where they constitute a reduction
in expenditure.
3. Used
Items may be purchased to achieve financial benefit if the manufacturer will
provide warranties for maintenance requirements and for the replacement of
parts. Such certification/warranties shall be the same as that provided for new
equipment. Purchase of used items which exceed a value of two hundred and fifty
dollars shall require approval by the Division of Purchases.
4. R.I. Gen. Laws §
37-2-75 Prohibition
against the use of lead based paints. When purchasing paint products or
contracting or subcontracting for painting, construction, improvement,
completion, or repair of any public building, any public road, any public
bridge, or any public construction, all governmental bodies and public
agencies, as defined by R.I. Gen. Laws §§
37-2-7(11) and 37-2-7(16),
shall be prohibited from the use of lead based paint.
5. R.I. Gen. Laws §
37-2-76 State
purchase of recycled products.
a. The state
shall, through its purchasing policy and practice, affirmatively promote the
use of recycled products. The Department of Administration in conjunction with
the Department of Environmental Management shall, through regulations,
establish a time table requiring increased utilization by the state of recycled
products. In January of each year, the Department of Administration shall
report to the General Assembly the State's progress in utilizing recycled
products materials and supplies for the preceding twelve (12) months.
b. With respect to office paper products, at
least fifty percent (50%) of the expenditure for office paper products
purchased by the state of Rhode Island, its agencies and departments, shall be
recycled paper products by fiscal year 1995.
c. The Department of Administration in
conjunction with the Department of Environmental Management shall annually
establish comprehensive technical specifications based on research by the
Department of Environmental Management for the recycled products, materials and
supplies to be purchased by the state under this section. These specifications
shall include the minimum performance and quality attributes as well as minimum
pre- and post-consumer content.
d.
The Director of the Department of Administration, acting as the Chief
Purchasing Officer of the State, shall direct that all subsequent purchases of
the subject recycled products, materials and supplies by the state, its
agencies and departments shall meet the source specifications of pre-consumer
and/or post-consumer content standards established under §
5.4(F)(5)(c) of
this Part.
e. Subsequent discovery
by the State, its agencies or departments that products delivered by vendors to
the state as "recycled products" do not satisfy the specifications of
"recycled" content stated in the award, shall be grounds for the return of all
discrepant goods, refunds of all moneys paid, termination of all outstanding
contracts -and orders, and at the discretion of the Chief Purchasing Officer
suspension of the vendor's involvement in state procurement for a period of up
to twenty-four (24) months.
