Section 835-RICR-30-00-1.1 - General ProvisionsThis Part is established pursuant to R.I. Gen. Laws §§ 37-2-1 et seq. (State Purchases Act) and 46-25-26 (Narragansett Bay Commission Act) to insure fair and equitable treatment of all persons and entities conducting business with the Narragansett Bay Commission (NBC).
1.1.2PurposeThe purpose of this Part is to increase public confidence in the procedures followed in the public purchasing of goods and services while maintaining the quality, integrity, and high ethical standards of the NBC.
1.1.3 DefinitionsA. For the purposes of this Part, the following words and terms shall have the following meanings: 1. "Architectural services" means services performed by a person who, in accordance with R.I. Gen. Laws § 5-1-2 is by reason of his/her knowledge of mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, certification, practical experience, or all is qualified to engage in the practice of architecture as attested by licensing as an architect in the State.2. "Board" means the Narragansett Bay Commission Board of Commissioners.3. "Chief Purchasing Officer" means the Executive Director of the NBC who is responsible for overseeing all of the daily purchasing activities of the NBC. The Chief Purchasing Officer shall have the power to delegate such authority as he sees fit.4. "Competitive negotiation" means a specialized bidding procedure used to modify the specifications or the terms or conditions of the offers of at least two vendors solicited by the NBC.5. "Construction firms" means companies under contract to the NBC to construct, alter, repair, improve, or demolish any NBC structure, building, or facility.6. "Consulting services" means services performed by any person with whom the NBC contracts to provide direction, guidance or information with regard to a particular area of knowledge in which the person is a specialist and/or has expertise. Some examples of consulting services include, but are not limited to: systems analysis, application implementation and financial advising.7. "Contractor" means an entity that has entered into a contract with NBC for goods, services, supplies or construction.8. "Design-build services" means a method by which one entity (design-builder) executes a single contract with the NBC to provide architectural engineering and construction services.9. "Engineering services" means services performed by a person who by reason of his/her special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and experience, is qualified to practice engineering as attested by licensing as an Engineer in the State and to provide planning, design, and construction support services for NBC projects.10. "Legal services" includes but is not be limited to research, drafting documents, providing legal advice, representing NBC before courts, arbitrators, boards, administrative agencies, and other bodies.11. "Lowest bid price" means the lowest price that is offered by vendors / contractors.12. "Lowest evaluated bid price" means the lowest price after bid adjustments are made pursuant to objective measurable criteria that are stated in the invitation for bids.13. "M/WBE" or "Minority or Women Business Enterprises" means a small business owned and controlled by one or more minorities or women certified by the Rhode Island Department of Administration to meet the definition established by R.I. Gen. Laws Chapter 37-14.1.14. "Negotiation" means the process of establishing contractual provisions and of gaining contractual acceptance, other than solely as the result of normal competitive bidding. For the purpose of this definition, two distinct categories of negotiation shall be recognized: competitive negotiation and noncompetitive negotiation.15. "Noncompetitive negotiation" means the establishment of contractual terms and conditions, including but not limited to contract price, by discussion with a single vendor, outside of the procedures established for competitive bidding.16. "Person" means any business, individual, organization, or group of individuals.17. "Purchasing" means the procuring, buying, renting, leasing, or otherwise obtaining of any supplies, services, equipment, or construction. It shall also include all functions that pertain to the obtaining of any supply, service, equipment, or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.18. "Prime contractor" means a contractor who engages subcontractors in the course of satisfying the requirements of fulfilling a contract.19. "Resident engineering services" means those services provided by an engineer acting as the NBC's onsite agent through the construction phase of a project. Services may include one or more of the following: Basic Office and Field Construction Services (bidding services, shop drawing review, general consultation, and advising on construction matters and records drawings); Resident Engineering and Inspection (schedule and shop drawing review, act as NBC's liaison with the construction contractor, review work completed and rejection of defective work, interpret construction drawings, maintain job site records and reports, and certification of payment requisition); Operations and Maintenance Manual (describes the proper procedures for operating and maintaining the facilities safely); Startup Services (coordinate final equipment checkout, provide expert operational assistance for fine tuning after initial startup, and revise Operations and Maintenance Manual if necessary); Operation Training (train NBC personnel on operating new facilities); CPM Scheduling (review of the Contractor's Critical Path Method schedule).20. "Request for Proposals (RFP)" means a request by the NBC to interested firms to submit all documents, whether attached or incorporated by reference, utilized for soliciting proposals.21. "Request for Qualifications (RFQ)" means a request by the NBC to all interested firms to submit all documents evidencing experience and eligibility with regard to the solicitation of proposals.22. "Request for Qualifications / Request for Proposals (RFQ/RFP)" means a request by the NBC to all interested firms to submit all documents evidencing experience and eligibility with regard to the solicitation of proposals along with all documents utilized for soliciting of proposals.23. "Responsible bidder / proposer" means a qualified bidder or proposer who has the capability in all respects, including financial responsibility to fully perform the contract requirements, and the integrity and reliability to ensure good faith performances.24. "Responsive bidder / proposer" means a person who has submitted a bid or proposal that conforms in all material respects to the invitation for bids or RFP, so that all bidders / proposers may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.25. "Sole source" means the awarding of a contract for a supply, service, equipment, or construction item without competition when the Chief Purchasing Officer or his designee determines in writing that there is only one source for the required supply, service, equipment, or construction item.26. "Special services" means services that the Chief Purchasing Officer deems necessary or desirable to purchase and are provided by individuals or firms possessing special knowledge or skills for which formal licensing or certification is not necessarily required. Some examples of Special Services include, but are not limited to, expert witness testimony and lecturers; interpretation (languages, hearing impaired); public information (drug and alcohol abuse, water conservation and pretreatment).27. "Spot purchases" means one time purchases of items sold on the basis of posted market prices, which are deemed by the Chief Purchasing Officer to be in the best interests of the NBC because of advantageous fluctuations in seasonal and supply / demand factors.28. "Standard or established catalogue items" means, as shall be identified by the Chief Purchasing Officer as, exceptions to the competitive bidding process.29. "Vendor" means any person who provides supplies, services, or construction under a contract.1.1.4Vendor RegistrationAll goods and services shall be solicited in accordance with this Part. Bid awards are contingent upon registration procedures as set forth by the NBC.
1.1.5Chief Purchasing OfficerThe Executive Director of the NBC shall act as the Chief Purchasing Officer of the NBC in accordance with R.I. Gen. Laws § 38-2-7(3).
1.1.6Application of this PartA. This Part shall apply to all expenditures of NBC and public funds, unless otherwise provided by law, by the NBC under any contract or like business agreement, excepting only those contracts or like business agreements between the NBC and the State and or its political subdivisions or other government.B. This Part shall not prevent the NBC from complying with the terms and conditions of any grant, gift, bequest, or agreement.C. This Part shall not prevent the NBC from accepting assignments of any contracts from the State of Rhode Island or any of its departments; provided, however, that any such contract shall have been awarded in accordance with the requirements of the State Purchases Act.D. This Part shall be incorporated by reference into all contracts of the NBC to which they apply.E. Contracts entered into in violation of this Part shall be null and void.1.1.7Application of the State Purchases ActWhile not mandated under state law to utilize the State Central Purchasing Authority, the NBC shall adhere to the general principles and philosophies set forth in the State Purchases Act, pursuant to R.I. Gen. Laws §§ 37-2-2 and 37-2-12.
1.1.8NBC Board of CommissionersUpon a decision of the NBC Board of Commissioners, the purchasing authority designated to the Chief Purchasing Officer in this Part may be increased.
835 R.I. Code R. 835-RICR-30-00-1.1