2017 -- H 6197

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LC002646

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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, O`Grady, and Coughlin

     Date Introduced: May 05, 2017

     Referred To: House Labor

     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, Architectural, engineering and consultant services which can

shall be evaluated and solicited by a selection committee. and awarded in accordance with the

requirements for competitive sealed offers set forth in §§ 37-2-18 -- 37-2-19 of this chapter, a A

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 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, the Brooks Architect-Engineers Act, 40 U.S.C. §1101 et seq., 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 require the state to procure professional architectural, engineering, and

consultants services through a Qualifications Based Selection (QBS) process as required by the

federal government for federally funded projects under the Brooks Act.

     This act would take effect upon passage.

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