2020 -- S 2742 | |
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LC005047 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES | |
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Introduced By: Senator V. Susan Sosnowski | |
Date Introduced: March 04, 2020 | |
Referred To: Senate Finance | |
(University of Rhode Island) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State |
2 | Purchases" is hereby amended to read as follows: |
3 | 37-2-7. Definitions. [Effective February 1, 2020.] |
4 | The words defined in this section have the meanings set forth below whenever they appear |
5 | in this chapter, unless the context in which they are used clearly requires a different meaning or a |
6 | different definition is prescribed for a particular section, group of sections, or provision: |
7 | (1) "Business" means any corporation, partnership, individual, sole proprietorship, joint |
8 | stock company, joint venture, or any other legal entity through which business is conducted. |
9 | (2) "Change order" means a written authorization signed by the purchasing agent directing |
10 | or allowing the contractor to proceed with changes, alterations, or modifications to the terms, |
11 | conditions, or scope of work on a previously awarded contract. |
12 | (3) "Chief purchasing officer" shall mean: (i) For a state agency, the director of the |
13 | department of administration, and (ii) For a public agency, the executive director or the chief |
14 | operational officer of the agency. |
15 | (4) "Construction" means the process of building, altering, repairing, improving, or |
16 | demolishing any public structures or building, or other public improvements of any kind to any |
17 | public real property. It does not include the routine maintenance or repair of existing structures, |
18 | buildings, or real property performed by salaried employees of the state of Rhode Island in the |
19 | usual course of their jobs. |
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1 | (5) "Contract" means all types of agreements, including grants and orders, for the purchase |
2 | or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a |
3 | fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of |
4 | job or task orders; leases; letter contracts; purchase orders; and construction management contracts. |
5 | It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not |
6 | include labor contracts with employees of state agencies. |
7 | (6) "Contract amendment" means any written alteration in the specifications, delivery |
8 | point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing |
9 | contract, whether accomplished by unilateral action in accordance with a contract provision, or by |
10 | mutual action of the parties to the contract. It includes bilateral actions, such as supplemental |
11 | agreements, and unilateral actions, such as change orders, administrative changes, notices of |
12 | termination, and notices of the exercise of a contract option. |
13 | (7) "Contractor" means any person having a contract with a governmental body. |
14 | (8) "Data" means recorded information, regardless of form or characteristic. |
15 | (9) "Designee" means a duly authorized representative of a person holding a superior |
16 | position. |
17 | (10) "Employee" means an individual drawing a salary from a state governmental entity. |
18 | (11) "State governmental entity" means any entity created as a legislative body or a public |
19 | or state agency by the general assembly or constitution of this state, except for municipal, regional, |
20 | or county governmental entities. |
21 | (12) "May" means permissive. |
22 | (13) "Negotiation" means contracting by either the method set forth in §§ 37-2-19, 37-2- |
23 | 20, or 37-2-21. |
24 | (14) "Person" means any business, individual, organization, or group of individuals. |
25 | (15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining |
26 | of any supplies, services, or construction. It also includes all functions that pertain to the obtaining |
27 | of any supply, service, or construction item, including a description of requirements, selection and |
28 | solicitation of sources, preparation, and award of contract, and all phases of contract administration. |
29 | (16) "Public agency" shall mean the Rhode Island industrial recreational building authority, |
30 | the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the |
31 | Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance |
32 | corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit |
33 | authority, the Rhode Island student loan authority, the Howard development corporation, the water |
34 | resources board corporate, the Rhode Island health and education building corporation, the Rhode |
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1 | Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett |
2 | Bay water quality management district commission, the Rhode Island telecommunications |
3 | authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery |
4 | commission their successors and assigns, any other body corporate and politic which has been or |
5 | will be created or established within this state excepting cities and towns, the university of Rhode |
6 | Island board of trustees for all purchases that are funded by restricted, sponsored, or auxiliary |
7 | monies, and the council on postsecondary education for all purchases that are funded by restricted, |
8 | sponsored, or auxiliary monies. |
9 | (17) "Purchase request" or "purchase requisition" means that document whereby a using |
10 | agency requests that a contract be entered into to obtain goods and/or services for a specified need, |
11 | and may include, but is not limited to, the technical description of the requested item, delivery |
12 | requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation |
13 | of suggested sources of supply, and information supplied for the making of any written |
14 | determination and finding required by § 37-2-6. |
15 | (18) "Purchasing agency" means any state governmental entity which is authorized by this |
16 | chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to |
17 | contract on its own behalf rather than through the central contracting authority of the chief |
18 | purchasing officer. |
19 | (19) "Purchasing agent" means any person authorized by a governmental entity in |
20 | accordance with procedures prescribed by regulations, to enter into and administer contracts and |
21 | make written determinations and findings with respect to contracts. The term also includes an |
22 | authorized representative acting within the limits of authority. "Purchasing agent" also means the |
23 | person appointed in accordance with § 37-2-1. |
24 | (20) "Services" means the rendering, by a contractor, of its time and effort rather than the |
25 | furnishing of a specific end product, other than reports that are merely incidental to the required |
26 | performance of services. "Services" does not include labor contracts with employees of state |
27 | agencies. |
28 | (21) "Shall" means imperative. |
29 | (22) "State" means the state of Rhode Island and any of its departments or agencies and |
30 | public agencies. |
31 | (23) "Supplemental agreement" means any contract modification which is accomplished |
32 | by the mutual action of the parties. |
33 | (24) "Supplies" means all property, including, but not limited to, leases of real property, |
34 | printing, and insurance, except land or permanent interest in land. |
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1 | (25) "Using agency" means any state governmental entity which utilizes any supplies, |
2 | services, or construction purchased under this chapter. |
3 | (26) As used in § 37-2-59, "architect" or "engineer" services means those professional |
4 | services within the scope of practice of architecture, professional engineering, or registered land |
5 | surveying pertaining to construction, as defined by the laws of this state. "Consultant" means any |
6 | person with whom the state and/or a public agency has a contract which contract provides for the |
7 | person to give direction or information as regards a particular area of knowledge in which the |
8 | person is a specialist and/or has expertise. |
9 | (27) For purposes of §§ 37-2-62 -- 37-2-70, "directors" means those members of a public |
10 | agency appointed pursuant to a statute who comprise the governing authority of the board, |
11 | commission, authority, and/or corporation. |
12 | (28) "State agency" means any department, commission, council, board, bureau, |
13 | committee, institution, or other governmental entity of the executive or judicial branch of this state |
14 | not otherwise established as a body corporate and politic, and includes, without limitation, the |
15 | council on postsecondary education except for purchases which are funded by restricted, sponsored, |
16 | or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which |
17 | are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and |
18 | secondary education. |
19 | (29) "Governmental entity" means any department, commission, council, board, bureau, |
20 | committee, institution, legislative body, agency, or government corporation of the executive, |
21 | legislative, or judicial branches of state, federal, and/or local governments. |
22 | (30) "Construction management at-risk" or "construction management at-risk services" or |
23 | "construction management at-risk delivery method" is a construction method wherein a |
24 | construction manager at-risk provides a range of preconstruction services and construction |
25 | management services which may include cost estimation and consultation regarding the design of |
26 | the building project, the preparation and coordination of bid packages, scheduling, cost control, and |
27 | value engineering, acting as the general contractor during the construction, detailing the trade |
28 | contractor scope of work, holding the trade contracts and other contracts, evaluating trade |
29 | contractors and subcontractors, and providing management and construction services, all at a |
30 | guaranteed maximum price, which shall represent the maximum amount to be paid by the using |
31 | agency for the building project, including the cost of work, the general conditions, and the fee |
32 | payable to the construction management at-risk firm. |
33 | (31) "Construction manager at-risk" or "construction management at-risk firm" is a person |
34 | or business experienced in construction that has the ability to evaluate and to implement drawings |
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1 | and specifications as they affect time, cost and quality of construction and the ability to coordinate |
2 | and deliver the construction of the project within a guaranteed maximum price, which shall |
3 | represent the maximum amount to be paid by the using agency for the building project, including |
4 | the cost of the work, the general conditions, and the fee payable to the construction management |
5 | at-risk firm. The construction manager at-risk provides consultation services during the |
6 | preconstruction and construction phases of the project. The project engineer, architect, or owner's |
7 | program manager may not serve as the construction manager at-risk. |
8 | (32) "Owner's program manager" shall be an entity engaged to provide project management |
9 | services on behalf of a state agency for the construction and supervision of the construction of a |
10 | building project. The owner's program manager acts as the owner's agent in all aspects of the |
11 | construction project, including, but not limited to, architectural programming, planning, design, |
12 | construction, and the selection and procurement of an appropriate construction delivery method. |
13 | The owner's program manager shall have at least seven (7) years experience in the construction and |
14 | supervision of construction of buildings of similar size and complexity. The owner's program |
15 | manager shall not have been employed during the preceding year by the design firm, the |
16 | construction firm, and/or the subcontractors associated with the project. |
17 | SECTION 2. This act shall take effect upon passage. |
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LC005047 | |
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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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1 | This act would amend the definition of "state agency" for purposes of the chapter on "state |
2 | purchases" to provide for an exemption for the University of Rhode Island board of trustees when |
3 | making purchases funded by restricted, sponsored, or auxiliary monies, from the provisions of the |
4 | chapter. |
5 | This act would take effect upon passage. |
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