800 R.I. Code R. 800-RICR-00-00-6.3

Current through December 3, 2024

Section 800-RICR-00-00-6.3 - Bidder Responsibility, Solicitation, Prequalification, and Debarment/Suspension

6.3.1Responsibilities of Bidders and Offerors

A. In accordance with R.I. Gen. Laws § 37-2-24, RIAC shall make a written determination of responsibility of a bidder or offeror. Determinations of responsibility may be made by evaluating the following:

1. Financial capability;

2. Reputation;

3. Management;

4. Ability to meet bidder's security requirements in accordance with R.I. Gen. Laws § 37-2-40;

5. Any other factors deemed necessary by RIAC.

B. The failure of a bidder or offeror to supply information promptly (within two (2) working days unless otherwise specified by the President and CEO) in connection with an inquiry related to responsibility may be grounds for a determination of non-responsibility.

6.3.2Solicitation

RIAC will take steps to ensure that minority, women, small business enterprises, and disadvantaged business enterprises certified by the Office of Diversity, Equity & Opportunity of the Rhode Island Department of Administration ("MBEs") have an opportunity to participate in contracts for services, construction, equipment, and supplies wherever possible. RIAC maintains a Disadvantaged Business Enterprise Plan (including a small business element) on file with the Federal Aviation Administration.

6.3.3Prequalification of Contractors

The President and CEO may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction in accordance with R.I. Gen. Laws § 37-2-25.

6.3.4Debarment and Suspension

A. The President and CEO may debar or suspend a supplier from the bidding process.

1. Causes for debarment or suspension may include but shall not be limited to:

a. Conviction of fraud or perjury;

b. Falsification of information;

c. Substantial nonperformance on more than two (2) contracts with RIAC or with any Rhode Island state agency; and

d. Debarment by the state or federal government.

2. The President and CEO shall notify in writing any vendor whom he/she intends to debar or suspend.

a. Such notice shall:

(1) state the nature of and, in the case of suspension, the duration of the sanction;

(2) provide the vendor with a rationale for the decision; and

(3) establish a specific time for reconsideration not less than two (2) weeks nor more than three (3) weeks within which the vendor may provide justification for why such action should not be implemented.

b. The provision for a reconsideration period shall not apply to those circumstances where the President and CEO has determined that issuance of a purchase order to a particular vendor may present a serious compromise of the interests of RIAC.

c. Upon the expiration of the reconsideration period, the President and CEO shall notify the affected vendor of his/her final decision. If no request for reconsideration has been submitted, the President and CEO shall implement the appropriate action.

3. The President and CEO may suspend a vendor for not less than a three (3) month and not more than a two (2) year period, depending on the severity of a particular violation.

4. A vendor who has been suspended or rejected shall not be reinstated until he/she has submitted a request for reinstatement to the President and CEO. Such request shall be submitted with evidence that the reason for the suspension or rejection has been corrected.

5. Protests of decisions rendered by the President and CEO shall be administered in accordance with the requirements of R.I. Gen. Laws § 37-2-52.

800 R.I. Code R. 800-RICR-00-00-6.3

Amended effective 12/11/2018