2017 -- H 6159

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LC002546

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - STATE PURCHASES

     Introduced By: Representatives Edwards, Cunha, Price, Coughlin, and Blazejewski

     Date Introduced: April 27, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 37-2-59 and 37-2-62 of the General Laws in Chapter 37-2 entitled

"State Purchases" are hereby amended to read as follows:

     37-2-59. Professional services -- Architectural, engineering, and consultant services -

- Committee.

     (a) Qualifications Based Selection. It shall be the policy of this state to publicly announce

requirements for architectural, engineering, and consultants services, which are reasonably

estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for such

professional services on the basis of demonstrated competence and qualifications and at fair and

reasonable prices.

     (b) Except for architectural, engineering and consultant services which can be solicited

and awarded in accordance with the requirements for competitive sealed offers set forth in §§ 37-

2-18 -- 37-2-19 of this chapter, Architectural engineering and consultant services shall be

evaluated and selected by the selection committee. a The selection committee shall select persons

or firms to render such professional services. For state agency contracts, the committee shall

consist of the following individuals: the purchasing agent, or his or her designee, as chairman; a

representative of the user agency; and a public member, appointed by the governor, subject to the

advice and consent of the senate, who shall represent the interests of the general public. The

governor may appoint an alternate public member, subject to advice and consent of the senate,

who shall represent the interests of the general public who shall serve in the absence of the public

member. The term of the public member shall be concurrent with that of the governor. Three (3)

members, one being the purchasing agent or his or her designee, shall constitute a quorum. A

quorum must be present to conduct business.

     (c) The procurement of auditing and accounting services shall continue to be subject to

the provisions of §§ 22-13-6 and 35-7-13.

     37-2-62. Evaluation of qualifications and performance data.

     (a) The committee shall evaluate:

     (1) Statements that may be submitted in response to the solicitation of architectural,

engineering, or consultant services; and

     (2) Statements of qualifications and performance data, if their submission was required.

     (b) All statements and statements of qualifications and performance data shall be

evaluated in light of the criteria set forth in the solicitation for architectural, engineering, or

consultant services.

     (c) In no case shall the state, prior to selecting a firm for negotiation under §37-2-63, seek

formal or informal submission of verbal or written estimates of costs or proposals in terms of

dollars, hours required, percentage of construction cost, or any other measure of compensation.

     SECTION 2. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby

amended by adding thereto the following section:

     37-2-59.2. Federally funded contracts and prequalification.

     (a) Federal requirements. In the procurement of architectural, engineering, and consulting

services and in the awarding of contracts, the state shall comply with federal law and regulations

including, but not limited to, Pub. L. 92-582 (Federal Architect-Engineer Selection Law, Brooks

Law, 40 U.S.C. 541), and take all necessary steps to adapt its rules, specifications, policies, and

procedures accordingly to remain eligible for federal aid.

     (b) Prequalification. The state shall establish procedures to prequalify firms seeking to

provide architectural, engineering, and consultant services, or may use prequalification lists from

other state agencies to meet the requirements of this section.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - STATE PURCHASES

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     This act would allow all architectural, engineering, and consultant services contracts in

excess of twenty thousand dollars ($20,000) to be evaluated and selected by the selection

committee without verbal or written estimates or proposals prior to selection, and mandate

compliance with federal law regarding federally funded contracts and prequalification.

     This act would take effect upon passage.

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