Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 6 - Negotiation
Section 220-RICR-30-00-6.1 - General Provisions
Universal Citation: 220 RI Code of Rules 30 00 6.1
Current through September 18, 2024
A. Definitions
1. "Negotiation" means contracting by the
provisions set forth in R.I. Gen. Laws §§
37-2-19,
37-2-20,
and
37-2-21.
These sections refer to competitive negotiation, noncompetitive negotiation,
and sole source and emergency procurements. (R.I. Gen. Laws §
37-2-7(13))
2. "Negotiation" means the process
of establishing contractual provisions and of gaining contractual acceptance,
other than solely as the result of normal competitive sealed bidding (described
in Part 5). For the purpose of this definition, four (4) distinct categories of
negotiation shall be recognized:
a. "Request
for proposals" or "RFP" process means a competitive procurement similar to
competitive sealed bidding and described in §
5.11(D) where proposals are evaluated based on technical and cost factors and not just
cost alone.
b. "Competitive
negotiation" means a specialized bidding procedure characterized by
modifications to the offers of at least two (2) vendors and/or alteration of
the specifications for which, or the terms and conditions under which, the
State has solicited offers.
c.
"Noncompetitive negotiation" means the establishment of contractual terms and
conditions, including but not limited to contract price, by discussions with a
single vendor, outside of the procedures established for competitive
bidding.
d. "Best and final offer"
or "BAFO" means the process outlined in §
6.3(D) for
vendors to submit their best offer based on requirements in final
form.
B. The objective of negotiation shall be to secure advantageous terms and conditions, and/or to exact improvements in terms and conditions offered to the State, and/or to reduce potential cost to the State.
C. Negotiation shall be used to establish or modify contractual provisions in all cases where:
1. Responsive firm, fixed pricing is not the
sole determinant for award;
2.
Responses to competitive bidding suggest that lower pricing, or other
improvements in offers, are achievable;
3. Single or sole source procurements are
made;
4. Responses to Requests for
Proposal do not permit effective comparison, due to the differing nature of the
responses;
5. The scope of a
contract changes during the performance period, such that modification of
price, or of other provisions, may be called for; or
6. The Purchasing Agent has determined in
writing that a product, or the market in which a product is sold, is
noncompetitive in nature.
D. Delegation means Chief Purchasing Officer may delegate authority for directing and negotiating change orders for highway and air transportation construction contracts to the Director of Transportation. Such delegation shall be in accordance with specific limitations defined by the Chief Purchasing Officer.
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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