TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-9


§ 37-2-9 Authority and duties of the chief purchasing officer.

(a) The chief purchasing officer shall have power and authority over, and may, except as otherwise expressly provided in this chapter, adopt regulations pursuant to § 42-35-2 and consistent with this chapter governing the purchasing, management, and control of any and all supplies, services, construction, and other items required to be purchased by the state. The chief purchasing officer shall consider and decide matters of policy with regard to state procurement. The chief purchasing officer shall have the power of review with respect to the implementation of regulations and policy determinations.

(b) Regulations shall be adopted governing the following:

(1) Conditions and procedures for delegations of purchasing authority;

(2) Prequalification, suspension, debarment, and reinstatement of prospective bidders;

(3) Small purchase procedures;

(4) Conditions and procedures for the purchase of perishables and items for resale;

(5) Conditions and procedures for the use of source selection methods authorized by this chapter including emergency purchases;

(6) Opening and rejection of bids or offers, consideration of alternate bids, and waiver of informalities in offers;

(7) Confidentiality of technical data and trade secrets information submitted by actual or prospective bidders or offerors;

(8) Partial, progressive, and multiple awards;

(9) Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale, or other disposal of state owned property;

(10) Definitions and classes of contractual services and procedures for acquiring them;

(11) To sell, trade, or otherwise dispose of surplus supplies and services for the state;

(12) To exercise general supervision and control over all warehouses, storerooms, stores, and all inventories of supplies, services, and construction belonging to the state;

(13) To establish and maintain programs for the development and use of purchasing specifications, and for the inspection, testing, and acceptance of supplies, services, and construction;

(14) To develop a program which involves and/or utilizes small business and small disadvantaged business as contractors;

(15) To develop standards of conduct which supplement the provisions of chapter 14 of title 36, as amended, for personnel involved in the state of Rhode Island purchasing process;

(16) For all contracts for supplies and services exceeding ten thousand dollars ($10,000), contractors must comply with the requirements of federal executive order no. 11246, as amended, § 28-5.1-10, and other regulations as issued by the purchasing agent, and administered by the state equal opportunity office of the department of administration. Failure to comply will be considered a substantial breach of the contract subject to penalties prescribed in the regulations.

(c) The chief purchasing officer may adopt such other regulations as deemed advisable to carry out the purposes of this chapter.

History of Section.
(P.L. 1989, ch. 526, § 2.)