Chapter 457

2008 -- S 2944 SUBSTITUTE A

Enacted 07/08/08

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

Introduced By: Senators Issa, Moura, Blais, Connors, and Lenihan

Date Introduced: April 09, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State

Purchases" is hereby amended to read as follows:

37-2-7. Definitions. -- The words defined in this section have the meanings set forth

below whenever they appear in this chapter, unless the context in which they are used clearly

requires a different meaning or a different definition is prescribed for a particular section, group

of sections, or provision:

      (1) "Business" means any corporation, partnership, individual, sole proprietorship, joint

stock company, joint venture, or any other legal entity through which business is conducted.

      (2) "Change order" means a written order signed by the purchasing agent or contractor

directing or allowing the contractor to make changes which the changes clause of the contract

authorizes the purchasing agent or contractor to order without the consent of the contractor or

purchasing agent.

      (3) "Chief purchasing officer" for a state agency" means the director of administration,

who shall be responsible for all purchases by the state and for a public agency. "Chief purchasing

officer" means the executive director or the chief operational officer of the agency. shall mean: (i)

for a state agency, the director of the department of administration, and (ii) for a public agency,

the executive director or the chief operational officer of the agency.

      (4) "Construction" means the process of building, altering, repairing, improving, or

demolishing any public structures or building, or other public improvements of any kind to any

public real property. It does not include the routine maintenance or repair of existing structures,

buildings, or real property performed by salaried employees of the state of Rhode Island in the

usual course of their jobs.

      (5) "Contract" means all types of agreements, including grants and orders, for the

purchase or disposal of supplies, services, construction, or any other item. It includes 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. "Contract" does not include labor contracts with employees of state agencies.

      (6) "Contract amendment" means 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 includes bilateral actions, such as supplemental

agreements, and unilateral actions, such as change orders, administrative changes, notices of

termination, and notices of the exercise of a contract option.

      (7) "Contractor" means any person having a contract with a governmental body.

      (8) "Data" means recorded information, regardless of form or characteristic.

      (9) "Designee" means a duly authorized representative of a person holding a superior

position.

      (10) "Employee" means an individual drawing a salary from a state governmental entity.

      (11) "State governmental entity" means any entity created as a legislative body or a

public or state agency by the general assembly or constitution of this state, except for municipal,

regional, or county governmental entities.

      (12) "May" means permissive.

      (13) "Negotiation" means contracting by either the method set forth in section 37-2-19,

37-2-20, or 37-2-21.

      (14) "Person" means any business, individual, organization, or group of individuals.

      (15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise

obtaining of any supplies, services, or construction. It also includes all functions that pertain to

the obtaining of any supply, service, or construction item, including a description of

requirements, selection and solicitation of sources, preparation, and award of contract, and all

phases of contract administration.

      (16) "Public agency" shall mean the Rhode Island industrial recreational building

authority, the Rhode Island economic development corporation, the Rhode Island industrial

facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island

public transit authority, the Rhode Island student loan authority, the Howard development

corporation, the water resources board corporate, the Rhode Island health and education building

corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike

and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water

quality management district commission, the Rhode Island telecommunications authority, the

convention center authority, the Channel 36 foundation, the Rhode Island lottery commission

their successors and assigns, any other body corporate and politic which has been or will be

created or established within this state excepting cities and towns, and the board of governors for

higher education for all purchases which are funded by restricted, sponsored, or auxiliary monies.

      (17) "Purchase request" or "purchase requisition" means that document whereby a using

agency requests that a contract be entered into to obtain goods and/or services for a specified

need, and may include, but is not limited to, the technical description of the requested item,

delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or

preparation of suggested sources of supply, and information supplied for the making of any

written determination and finding required by section 37-2-6.

      (18) "Purchasing agency" means any state governmental entity which is authorized by

this chapter, its implementing regulations, or by way of delegation from the chief purchasing

officer to contract on its own behalf rather than through the central contracting authority of the

chief purchasing officer.

      (19) "Purchasing agent" means any person authorized by a governmental entity in

accordance with procedures prescribed by regulations, to enter into and administer contracts and

make written determinations and findings with respect to contracts. The term also includes an

authorized representative acting within the limits of authority. "Purchasing agent" also means the

person appointed in accordance with section 37-2-1.

      (20) "Services" means the rendering, by a contractor, of its time and effort rather than the

furnishing of a specific end product, other than reports which are merely incidental to the required

performance of services. "Services" does not include labor contracts with employees of state

agencies.

      (21) "Shall" means imperative.

      (22) "State" means the state of Rhode Island and any of its departments or agencies and

public agencies.

      (23) "Supplemental agreement" means any contract modification which is accomplished

by the mutual action of the parties.

      (24) "Supplies" means all property, including, but not limited to, leases of real property,

printing, and insurance, except land or permanent interest in land.

      (25) "Using agency" means any state governmental entity which utilizes any supplies,

services, or construction purchased under this chapter.

      (26) As used in section 37-2-59, "architect" or "engineer" services means those

professional services within the scope of practice of architecture, professional engineering, or

registered land surveying pertaining to construction, as defined by the laws of this state.

"Consultant" means any person with whom the state and/or a public agency has a contract which

contract provides for the person to give direction or information as regards a particular area of

knowledge in which the person is a specialist and/or has expertise.

      (27) For purposes of sections 37-2-62 -- 37-2-70, "directors" means those members of a

public agency appointed pursuant to a statute who comprise the governing authority of the board,

commission, authority, and/or corporation.

      (28) "State agency" means any department, commission, council, board, bureau,

committee, institution, or other governmental entity of the executive or judicial branch of this

state not otherwise established as a body corporate and politic, and includes, without limitation,

the board of governors for higher education except for purchases which are funded by restricted,

sponsored, or auxiliary moneys and the board of regents for elementary and secondary education.

      (29) "Governmental entity" means any department, commission, council, board, bureau,

committee, institution, legislative body, agency, or government corporation of the executive,

legislative, or judicial branches of state, federal, and/or local governments.

     SECTION 2. This act shall take effect upon passage.

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LC02387/SUB A

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