Chapter 458

2008 -- S 2945 SUBSTITUTE A AS AMENDED

Enacted 07/08/08

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

Introduced By: Senators Sosnowski, Ciccone, C Levesque, Sheehan, and Lenihan

Date Introduced: April 09, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-2-19 of the General Laws in Chapter 37-2 entitled "State

Purchases" is hereby amended to read as follows:

37-2-19. Competitive negotiation. -- (a) When, under regulations issued by the chief

purchasing officer, the purchasing agent determines in writing that the use of competitive sealed

bidding is not practicable, and except as provided in sections 37-2-21 and 37-2-22, a contract may

be awarded by competitive negotiation.

      (b) Adequate public notice of the request for proposals to be negotiated shall be given in

the same manner as provided in section 37-2-18(c).

      (c) The request for proposals shall indicate the relative importance of price and other

evaluation factors.

      (d) Written or oral discussions may be conducted with all responsible offerors who

submit proposals determined in writing to be reasonably susceptible of being selected for award.

All oral discussions conducted with responsible offerors who submit proposals shall be

memorialized in writing and all such writings shall be deemed public record at the time the

contract is awarded and shall be made available for public inspection. Discussions shall not

disclose any information derived from proposals submitted by competing offerors.

(e) An award Award shall be made to the responsible offeror whose proposal is

determined in writing to be the most advantageous to the state, taking into consideration price and

the evaluation factors set forth in the request for proposals. Discussions need not be conducted if

the purchasing agent makes a written determination concerning one or more of the following:

      (1) With respect to prices, where the prices are fixed by law or regulation, except that

consideration shall be given to competitive terms and conditions;

      (2) Where time of delivery or performance will not permit discussions; or

      (3) Where it can be clearly demonstrated and documented from the existence of adequate

competition or accurate prior cost experience with the particular supply, service, or construction

item that acceptance of an initial offer without discussion would result in fair and reasonable

prices, and the request for proposals notifies all offerors of the possibility that an award may be

made on the basis of the initial offers.

     SECTION 2. This act shall take effect on October 1, 2008.

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LC02381/SUB A

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