Section 820-RICR-00-00-3.2 - Source Selection and Contract Formation3.2.1Source SelectionA. Methods of Source Selection. Except as otherwise authorized by law, or by Rule of the Corporation, all contracts of the Corporation shall be awarded in accordance with R.I. Gen. Laws § 37-2-17.B. Competitive Sealed Bidding. 1. Competitive Sealed Bidding shall be noticed and implemented in accordance with R.I. Gen. Laws § 37-2-18.2. Correction or withdrawal of bids will be allowed only in the following circumstances: a. A bidder will not be permitted to correct a bid mistake after bid opening that would cause such bidder to have the lowest bid unless the mistake is clearly evident from the bid document, for example, errors in addition; or b. An otherwise low bidder may be permitted to correct a material mistake of fact in its bid, including price, when the intended bid is obvious from the bid document or is otherwise supported by proof that has evidentiary value. A low bidder will not be permitted to correct a bid for mistakes or errors in judgment; or c. In lieu of bid correction, a low bidder alleging a material mistake of fact will be permitted to withdraw its bid when there is reasonable proof that a mistake was made and the intended bid cannot be ascertained with reasonable certainty; or d. After bid opening, an otherwise low bidder shall not be permitted to make exceptions to the bid conditions or specifications which affect price or substantive obligations; however, such bidder shall be permitted the opportunity to furnish other information called for by the invitation for bids and not supplied due to oversight, so long as it does not affect responsiveness.C. Competitive Negotiations 1. Competitive Sealed Bidding shall be noticed and implemented in accordance with R.I. Gen. Laws § 37-2-19.D. Negotiations After Unsuccessful Competitive Sealed Bidding. 1. Negotiations after unsuccessful competitive sealed bidding will be implemented pursuant to R.I. Gen. Laws § 37-2-20.E. Sole Source Procurement and Emergency Procurements. 1. Sole Source Procurement and Emergency Procurements shall be implemented in accordance with R.I. Gen. Laws § 37-2-18.F. Small Purchases and procurements, not to exceed an aggregate amount of ten thousand dollars ($10,000) for construction and five thousand dollars ($5,000) for all other purchases may be made by the purchasing agent at the established catalogue or market price of commercial items sold in substantial quantities to the general public. In the case of all other small purchases as defined in this section, the purchasing agent shall procure items in any manner it believes reasonable. When practicable, the purchasing agent shall make inquiries from at least three (3) sources to determine what is a reasonable price. The inquiries may be made by telephone. No such inquiries are required when the price of the item or service is not expected to exceed one hundred dollars ($100).3.2.2Cancellation of Invitation for Bids and Requests for ProposalsThe Corporation may cancel an invitation for bids, a request for proposal, or negotiations in accordance with R.I. Gen. Laws § 37-2-23.
3.2.3 Responsibility of Bidders and Offerors A. Responsibilities of bidders and offerors shall be determined in accordance with R.I. Gen. Laws § 37-2-24.B. Cost or Pricing Data. 1. A Vendor shall submit to the Corporation cost or pricing data in accordance with R.I. Gen. Laws § 37-2-28. Notwithstanding the foregoing,2. The Corporation may require Vendor certified cost or pricing data in connection with any bid, proposal or contract without regard to the price ceilings set forth in R.I. Gen. Laws § 37-2-28(a) if the Corporation determines that such cost or price data is necessary to ensure a fair and reasonable contract price to the Corporation.3. Where certified cost or pricing data must be submitted in connection with any contract, change or modification thereto, the price to the Corporation, including profit or fee, shall be adjusted to exclude any significant sums by which the Corporation finds that such price was increased because the Vendor furnished cost or pricing data, as of the date agreed upon between the parties, was inaccurate, incomplete or not current.3.2.4ContractsA. Types of Contracts. The Corporation may enter into any type of contract which will promote the best interests of the Corporation subject to the following requirements: 1. Cost plus percentage of cost type contracts shall not be awarded to any person.2. The requirements set forth in R.I. Gen. Laws § 37-2-30(a)3. The requirements set forth in R.I. Gen. Laws § 37-2-30(b).B. Approval of Accounting System. Approval of accounting system shall be implemented in accordance with R.I. Gen. Laws § 37-2-32.C. Partial, Progressive and Multiple Awards. 1. A contract may provide for payments as work progresses under the contract, upon the basis of costs incurred, percentage of completion accomplished or of a particular stage of completion.2. A contract may provide for payments upon submission of proper invoices or vouchers for supplies delivered and accepted or services rendered and accepted where such supplies and services are only part of total contract requirements.3. The Corporation may reserve the right to split a contract between two (2) or more responsive and responsible bidders and to make an award for all or only part of the items, services or construction specified in the solicitation, if so stated in the invitation to bid or the request for proposal.3.2.5 Inspection of Facilities and Audits of Records The Corporation may inspect the plant or place of business of a Vendor or any subcontractor under any contract pursuant to R.I. Gen. Laws § 37-2-34.
3.2.6 Reporting of Anti-Competitive Practices A. If for any reason the Corporation suspects collusion among bidders or offerors, the Corporation shall send a written notice of the facts giving rise to such suspicion to the Attorney General of the State (the "Attorney General").B. All documents involved in any procurement in which collusion is expected shall be retained by the Corporation until the Attorney General notifies the Corporation that they may be released. All such documents shall be made available to the Attorney General or his or her designee upon request, notwithstanding any other Provision of this Rule.820 R.I. Code R. 820-RICR-00-00-3.2
Adopted effective 12/31/2018