Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 8 - Contracts (220-RICR-30-00-8)
Section 220-RICR-30-00-8.1 - Definitions

Universal Citation: 220 RI Code of Rules 30 00 8.1

Current through June 14, 2024

A. "Change order" shall mean a written authorization signed by the purchasing agent directing or allowing the contractor to proceed with changes, alterations, or modifications to the terms, conditions, or scope of work on a previously awarded contract. See, R.I Gen. Laws §§ 37-2-7(2) and 37-2-7(7).

B. In Accordance with R.I. Gen. Laws § 37-2-7(5), "Contract" shall mean all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other items. It shall include awards, contracts of a fixed price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders, leases, letter contracts, purchase orders and construction management contracts. It also includes supplemental agreements with respect to any of the foregoing. With respect to the procurement regulations set forth herein, "contract" shall not apply to labor contracts with employees of state agencies.

C. In Accordance with R.I. Gen. Laws § 37-2-7(6),"Contract Modification" shall mean any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

D. "Contract Addendum" shall mean an alteration in the terms and/or scope of an agreement accomplished by mutual action of the parties, permissible under emergency purchases, construction work, sole source procurement, and otherwise where competition is not required.

E. In Accordance with R.I. Gen. Laws § 37-2-7(7), "Contractor" shall mean any person having a contract with a governmental body.

F. An "independent contractor" shall mean a person (individual or firm) who, in various degrees and/or combinations:

1. is available to the general public on a regular and consistent basis; and

2. is free to work when and for whom he/she pleases; and

3. is employed by more than one person or company at a time; and

4. makes a significant investment in facilities not typically maintained by an employee; and

5. can realize a profit or loss as a result of providing services or products.

G. "Cost-reimbursement contract" shall mean a contract under which the state reimburses the contractor for those contract costs, within a stated ceiling, which are allowable and allocable in accordance with cost principles established by the Chief Purchasing Officer herein, and a fixed fee.

H. "Prime contractor" shall mean a contractor who engages subcontractors in the course of satisfying the requirements of fulfilling a contract.

I. In accordance with R.I. Gen. Laws § 37-13-1"Public works contract" shall mean a contract for grading, clearing, demolition, improvement, completion, repair, alteration or construction of any public road or any bridge, or portion thereof, or any public building or portion thereof, or any heavy constructions, or any public works projects of any nature or kind whatsoever.

J. "Punitive Termination" shall mean termination at the discretion of the state for failure of the contractor to perform with no liability on the part of the state.

K. "Renegotiation" shall mean deliberation, discussion, or conference to change or amend the terms of an existing agreement.

L. "Subcontractor" shall mean any person undertaking part of the work under the terms of the contract, by virtue of an agreement with the prime contractor, who, prior to such undertaking, receives in writing the consent and approval of the state.

M. In Accordance with R.I. Gen. Laws § 37-2-7(7), "Supplemental Agreement" shall mean any contract modification which is accomplished by the mutual action of the parties.

N. "Vendor" shall be defined as a person or entity who sells or supplies goods, services and or real estate for consideration.

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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