Chapter 221
2010 -- S 2442 SUBSTITUTE A AS
AMENDED
Enacted 06/25/10
A N A C T
RELATING TO
PUBLIC PROPERTY AND WORKS -- STATE PURCHASES
Introduced By: Senators Ciccone, Lenihan, Sheehan, Pinga, and Blais
Date Introduced: February 11, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 37-2-18 of the General Laws in Chapter
37-2 entitled "State
Purchases" is hereby
amended to read as follows:
37-2-18.
Competitive sealed bidding. -- (a) Contracts exceeding the amount provided
by
section 37-2-22 shall be awarded by competitive sealed
bidding unless it is determined in writing
that this method is not practicable or that the best value
for the state may be obtained by using an
electronic reverse auction as set forth in section 37-2-18.1.
Factors to be considered in
determining whether competitive sealed bidding is practicable
shall include whether:
(1) Specifications can
be prepared that permit award on the basis of either the lowest bid
price or the lowest evaluated bid price; and
(2) The available
sources, the time and place of performance, and other relevant
circumstances as are appropriate for the use of competitive sealed
bidding.
(b) The invitation for
bids shall state whether the award shall be made on the basis of the
lowest bid price or the lowest evaluated or responsive bid
price. If the latter basis is used, the
objective measurable criteria to be utilized shall be set forth
in the invitation for bids, if available.
All documents submitted in response to the bid
proposal are public pursuant to chapter 38-2 upon
opening of the bids. The invitation for bids shall state that
each bidder must submit a copy of
their bid proposal to be available for public inspection
upon the opening of the bids. The burden
to identify and withhold from the public copy that is
released at the bid opening any trade secrets,
commercial or financial information, or other information the
bidder deems not subject to public
disclosure pursuant to chapter 38-2, the Access to Public
Records Act, shall rest with the bidder
submitting the bid proposal.
(c) Unless the
invitations for bid are accessible under the provisions as provided in
section 37-2-17.1, public notice of the invitation for bids
shall be given a sufficient time prior to
the date set forth therein for the opening of bids.
Public notice may include publication in a
newspaper of general circulation in the state as determined by
the purchasing agent not less than
seven (7) days nor more than twenty-eight (28) days before
the date set for the opening of the
bids. The purchasing agent may make a written
determination that the twenty-eight (28) day
limitation needs to be waived. The written determination shall
state the reason why the twenty-
eight (28) day limitation is being waived and shall state
the number of days, giving a minimum
and maximum, before the date set for the opening of bids
when public notice is to be given.
(d) Bids shall be
opened and read aloud publicly at the time and place designated in the
invitation for bids. Each bid, together with the name of the
bidder, shall be recorded and an
abstract made available for public inspection.
(e) Immediately
subsequent to the opening of the bids, the copies of bid documents
submitted pursuant to subsection 37-2-18(b) shall be made
available for inspection by the public.
Any objection to any bid on the grounds that it is
nonresponsive to the invitation for bids must be
filed with the purchasing agent within five (5) business
days of the opening of the bids. The
purchasing agent shall issue a written determination as to
whether the subject bid is
nonresponsive addressing each assertion in the objection and shall
provide a copy of the
determination to the objector and all those who submitted bids at
least seven (7) business days
prior to the award of the contract. If a bid is
nonresponsive to the requirements in the invitation to
bid, the bid is invalid and the purchasing agent shall
reject the bid. The purchasing agent shall
have no discretion to waive any requirements in the
invitation to bid which are identified as
mandatory. Nothing in this section shall be construed to
interfere with or invalidate the results of
the due diligence conducted by the division of purchasing
to determine whether bids are
responsive and responsible.
(f) Subsequent to
the awarding of the bid, all documents pertinent to the awarding of the
bid that were not made public pursuant to subsection
37-2-18(e) shall be made available and open
to public inspection, pursuant to chapter 38-2, the
Access to Public Records Act, and retained in
the bid file. The copy of the bid proposal provided
pursuant to subsection 37-2-18(b) shall be
retained until the bid is awarded.
(e) (g) The contract shall be awarded with reasonable
promptness by written notice to the
responsive and responsible bidder whose bid is either the lowest
bid price, lowest evaluated, or
responsive bid price.
(f) (h) Correction or withdrawal of bids may be allowed only
to the extent permitted by
regulations issued by the chief purchasing officer.
SECTION 2. This act shall take effect on January 1, 2011 for
all contracts greater than
one million dollars ($1,000,000); on January 1, 2012 for
all contracts greater than five hundred
thousand dollars ($500,000); and on January 1, 2013 for all
other contracts awarded pursuant to
this section.
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LC00147/SUB A
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