Section 835-RICR-30-00-1.16 - Remedies1.16.1Breach of Contract DisputesA. Authority to resolve contract or breach of contract controversies shall reside with the Chief Purchasing Officer, prior to the institution of arbitration, litigation, claim, or controversy concerning any contract, subject to any limitations or conditions imposed by the Board to settle, compromise, pay, or otherwise adjust the claim or controversy by, against, or with a vendor or contractor relating to a contract entered into by the NBC, including a claim or controversy based on a contract and/or a mistake, misrepresentation, or other cause for contract modification or recession, but excluding any claim or controversy involving penalties or forfeitures prescribed by statute or regulation where an official other than the Chief Purchasing Officer is specifically authorized to settle or determine such controversy.B. Contract dispute shall mean conflicting interpretations of the requirements, limitations, or compensation for the performance of a contract.C. The Chief Purchasing Officer shall be authorized to resolve contract disputes between the vendor or contractor and the NBC upon the submission of a request in writing from either party, which request shall provide:1. A description of the problem, including all appropriate citations and references from the contract in question; and 2. A clear statement of the party's interpretation of the contract; and 3. A proposed course of action to resolve the dispute.D. The Chief Purchasing Officer shall determine whether:1. The interpretation provided is appropriate; and 2. The proposed solution is feasible; and 3. Another solution may be negotiable.E. Failure to render timely decisions shall apply to a claim or controversy arising under contracts between the NBC and its vendors or contractors. If such a claim or controversy is not resolved by mutual agreement, the Chief Purchasing Officer or his/her designee shall promptly issue a decision in writing. A copy of the decision shall be mailed or otherwise furnished to the vendor or contractor. If the Chief Purchasing Officer does not issue a written decision within thirty (30) days after a written request for a final decision or within such longer period as might be established by the parties to the contract in writing, then the vendor or contractor shall proceed as if an adverse decision had been rendered.1.16.2 Protest and Resolution of ProtestA. Protest of decisions rendered by the Chief Purchasing Officer shall be processed in accordance with the requirements of R.I. Gen. Laws Chapter 37-2. B. The decision of any official, board member, agent, or other person engaged by the NBC concerning any controversy arising under or in conjunction with, the solicitation or award of a contract, shall be entitled to a presumption of correctness and shall not be disturbed unless the decision was procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the NBC; made upon unlawful procedure; affected by other errors of law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or arbitrary or capricious or characterized by the abuse of discretion or clearly unwarranted exercise of discretion.C. The Chief Purchasing Officer or his/her designee shall have authority to determine protests and other controversies of actual or prospective bidders or offers in connection with the solicitation or selection for award of a contract. In the event the Chief Purchasing Officer is the person being challenged, the Board shall determine the validity of any claims and take appropriate action.D. A protest or notice of other controversy must be filed in writing within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. In the event of a protest, the solicitation or award shall not proceed further until the Chief Purchasing Officer makes a written determination that continuation is necessary to protect the NBC.1.16.3Pest Control ServicesUpon receipt of an order from the Director of Environmental Management, pursuant to R.I. Gen. Laws Chapter 23-25, the Chief Purchasing Officer shall take such steps as are necessary to insure that the named business or commercial applicator shall not be eligible to obtain NBC contracts for pest control services for the duration of the period enumerated in said Director's order.
835 R.I. Code R. 835-RICR-30-00-1.16