2013 -- H 5784

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LC01647

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC PROPERTIES AND WORKS -- STATE PURCHASES

     Introduced By: Representatives Valencia, and Amore

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-2-18 of the General Laws in Chapter 37-2 entitled "State

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Purchases" is hereby amended to read as follows:

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     37-2-18. Competitive sealed bidding. -- (a) Contracts exceeding the amount provided by

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section 37-2-22 shall be awarded by competitive sealed bidding unless it is determined in writing

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that this method is not practicable or that the best value for the state may be obtained by using an

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electronic reverse auction as set forth in section 37-2-18.1. Factors to be considered in

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determining whether competitive sealed bidding is practicable shall include whether:

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      (1) Specifications can be prepared that permit award on the basis of either the lowest bid

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price or the lowest evaluated bid price; and

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      (2) The available sources, the time and place of performance, and other relevant

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circumstances as are appropriate for the use of competitive sealed bidding.

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      (b) The invitation for bids shall state whether the award shall be made on the basis of the

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lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the

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objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available.

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All documents submitted in response to the bid proposal are public pursuant to chapter 38-2 upon

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opening of the bids.

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     (c) The invitation for bids for public works projects shall state that each bidder must

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submit a copy of their bid proposal to be available for public inspection upon the opening of the

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bids. The burden to identify and withhold from the public copy that is released at the bid opening

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any trade secrets, commercial or financial information, or other information the bidder deems not

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subject to public disclosure pursuant to chapter 38-2, the Access to Public Records Act, shall rest

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with the bidder submitting the bid proposal. Immediately subsequent to the opening of the bids,

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the public copies of bid documents submitted shall be made available for inspection by the public.

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      (c)(d) Unless the invitations for bid are accessible under the provisions as provided in

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section 37-2-17.1, public notice of the invitation for bids shall be given a sufficient time prior to

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the date set forth therein for the opening of bids. Public notice may include publication in a

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newspaper of general circulation in the state as determined by the purchasing agent not less than

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seven (7) days nor more than twenty-eight (28) days before the date set for the opening of the

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bids. The purchasing agent may make a written determination that the twenty-eight (28) day

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limitation needs to be waived. The written determination shall state the reason why the twenty-

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eight (28) day limitation is being waived and shall state the number of days, giving a minimum

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and maximum, before the date set for the opening of bids when public notice is to be given.

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      (d)(e) Bids shall be opened and read aloud publicly at the time and place designated in

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the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an

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abstract made available for public inspection.

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      (e)(f) The chief purchasing officer shall adopt and file regulations governing the bidding

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of highway and bridge construction projects in the state not later than December 31, 2011.

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      (f)(g) Immediately subsequent to the opening of the bids, the copies of bid documents

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submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public.

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Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids must be

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filed with the purchasing agent within five (5) business days of the opening of the bids. The

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purchasing agent shall issue a written determination as to whether the subject bid is

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nonresponsive addressing each assertion in the objection and shall provide a copy of the

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determination to the objector and all those who submitted bids at least seven (7) business days

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prior to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to

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bid, the bid is invalid and the purchasing agent shall reject the bid. The purchasing agent shall

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have no discretion to waive any requirements in the invitation to bid which are identified as

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mandatory. Nothing in this section shall be construed to interfere with or invalidate the results of

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the due diligence conducted by the division of purchasing to determine whether bids are

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responsive and responsible.

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      (g)(h) Subsequent to the awarding of the bid, all bid documents and documents pertinent

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to the selection and awarding of the bid award of a contract to the lowest, responsive and

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responsible bidder that were not made public pursuant to subsection 37-2-18(e)(c) shall be made

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available and open to public inspection, pursuant to chapter 38-2, the Access to Public Records

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Act, and retained in the bid file. The public copy of the bid proposal provided pursuant to

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subsection 37-2-18(b)(c) shall be retained until the bid is awarded.

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      (h)(i) The contract shall be awarded with reasonable promptness by written notice to the

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responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or

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responsive bid price.

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      (i)(j) Correction or withdrawal of bids may be allowed only to the extent permitted by

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regulations issued by the chief purchasing officer.

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      (j)(k) As of January 1, 2011 2013, this section shall apply to contracts greater than one

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million dollars ($1,000,000); on January 1, 2012 for all contracts greater than seven hundred fifty

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thousand dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred

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thousand dollars ($500,000); and on January 1, 2014 for all contracts awarded pursuant to this

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section.

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     SECTION 2. This act shall take effect upon passage.

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LC01647

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC PROPERTIES AND WORKS -- STATE PURCHASES

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     This act would provide that bidders for state public works contracts valued at more than

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five hundred thousand dollars ($500,000) be required to provide a copy of all bid documents for

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immediate public inspection.

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     This act would take effect upon passage.

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LC01647

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