Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 6 - Negotiation
Section 220-RICR-30-00-6.2 - Competitive Negotiation

Universal Citation: 220 RI Code of Rules 30 00 6.2

Current through September 18, 2024

A. Applicability of R.I. Gen. Laws § 37-2-19(a) When, under Regulations issued by the Chief Purchasing Officer, the Purchasing Agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in R.I. Gen. Laws §§ 37-2 - 21 and 37-2-22, a contract may be awarded by competitive negotiation. (See Exceptions to Competitive Bidding Requirements.)

B. Under R.I. Gen. Laws § 37-2-19(c), contracts may be competitively negotiated when it is determined in writing by the Purchasing Agent that the bid prices received by competitive sealed bidding either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which:

1. Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and

2. The negotiated price is lower than the lowest rejected bid by any competitive bidder; and

3. The negotiated price is the lowest negotiated price offered by a competitive offeror.

4. "Competitive bidder/offeror" shall mean responsible bidder or offeror.

C. Competitive negotiation may be used in any case where the scope, term, or other requirements of the procurement has not been determined at the time that a requisition is issued, or where optional offers are desired and encouraged, or where the value of the procurement has not been definitively established.

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