Title 37
Public Property and Works

Chapter 2
State Purchases

§ 37-2-27.4. Procurement of construction manager at-risk services — Bidding of subcontracts.

(a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant to the following:

(1) All potential vendors shall be prequalified as responsible bidders or offerors as defined in § 37-2-15(6);

(2) The construction management at-risk firm shall be provided with access to the Rhode Island Vendor Information Program (“RIVIP”) and/or the relevant portion of the program or information thereon in such direct or indirect manner as the director of the department of administration may determine for the purpose of issuing solicitations to pre-qualified vendors for subcontracts, equipment, and materials necessary for the project. The construction manager at-risk shall use the RIVIP for solicitation of bids for all subcontractors, equipment, and material necessary for the project;

(3) All bids shall be opened in public at the time and place designated in the solicitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;

(4) The construction manager at-risk shall evaluate the bid proposals and conduct further negotiations with vendors where appropriate;

(5) Prior to the awarding of a project-related contract by the construction manager at-risk, the using agency shall provide its written approval;

(6) The construction manager at-risk shall award all project-related contracts with reasonable promptness after approval by the using agency.

(b) When using the construction manager at-risk method of construction management, all subcontract work, equipment, and material purchases shall be memorialized by the construction management at-risk firm and the using agency through detailed documentation of the decisions made and the reasons for those decisions.

(c) All bid documents, bid abstracts, and documents referring to the bid process shall be public in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 2 of title 38 shall rest with the bidder or offeror.

Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act.

(d) No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.