§ 37-2-19. Competitive negotiation.
(a) When, under regulations issued by the chief purchasing officer, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals to be negotiated shall be given in the same manner as provided in § 37-2-18(c).
(c) The request for proposals shall indicate the relative importance of price and other evaluation factors.
(d) Written or oral discussions may be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors.
(e) An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. Discussions need not be conducted if the purchasing agent makes a written determination concerning one or more of the following:
(1) With respect to prices, where the prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;
(2) Where time of delivery or performance will not permit discussions; or
(3) Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.
History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 458, § 1.
Structure Rhode Island General Laws
Title 37 - Public Property and Works
Chapter 37-2 - State Purchases
Section 37-2-1. - Purchasing agent — Appointment — Duties.
Section 37-2-2. - General provisions.
Section 37-2-3. - Supplemental general principles of law — Obligation of good faith.
Section 37-2-4. - Applicability.
Section 37-2-5. - Severability — Construction against implicit repealer.
Section 37-2-6. - Determinations.
Section 37-2-7. - Definitions.
Section 37-2-8. - Rhode Island foodstuffs.
Section 37-2-9. - Authority and duties of the chief purchasing officer.
Section 37-2-9.1. - Bidder registration fee.
Section 37-2-10. - Distribution of procurement activities.
Section 37-2-11. - Authority and duties of the purchasing agent.
Section 37-2-12. - Centralization of the procurement authority.
Section 37-2-13. - Procurement regulations.
Section 37-2-13.1. - Procurement regulations — Request for proposal.
Section 37-2-14. - Relationship with user agencies.
Section 37-2-15. - Source selection and contract formation — Statutory provisions.
Section 37-2-16. - [Reserved.]
Section 37-2-17. - Method of source selection.
Section 37-2-17.1. - Rhode Island vendor information program (RIVIP).
Section 37-2-18. - Competitive sealed bidding.
Section 37-2-18.1. - Reverse auctions.
Section 37-2-18.2. - Exemption from competitive bidding.
Section 37-2-19. - Competitive negotiation.
Section 37-2-20. - Negotiations after unsuccessful competitive sealed bidding.
Section 37-2-21. - Noncompetitive procurements.
Section 37-2-22. - Small purchases.
Section 37-2-23. - Cancellation of invitation for bids and requests for proposals.
Section 37-2-24. - Responsibilities of bidders and offerors.
Section 37-2-25. - Prequalification of contractors — General.
Section 37-2-25.1. - Prequalification of vendors for electronic reverse auctions.
Section 37-2-26. - Prequalification of contractors — Roads — Department of transportation.
Section 37-2-27. - Prequalification — Construction management.
Section 37-2-27.1. - Procurement of construction manager at-risk services — Written determination.
Section 37-2-27.2. - Procurement of construction manager at-risk services — Owner’s program manager.
Section 37-2-27.4. - Procurement of construction manager at-risk services — Bidding of subcontracts.
Section 37-2-27.5. - Procurement of construction manager at-risk services — Public records.
Section 37-2-28. - Cost or pricing data.
Section 37-2-29. - Cost plus a percentage of cost.
Section 37-2-30. - Cost reimbursement contracts.
Section 37-2-31. - Use of other types of contracts.
Section 37-2-32. - Approval of accounting system.
Section 37-2-33. - Multi-year contracts.
Section 37-2-34. - Right to inspect facilities — Right to audit.
Section 37-2-35. - Finality of determinations.
Section 37-2-36. - Reporting of suspected collusive bidding or negotiations.
Section 37-2-37. - Report of procurement actions taken under §§ 37-2-21 and 37-2-22.
Section 37-2-38. - Issuance of specifications.
Section 37-2-38.1. - Certification by building commissioner.
Section 37-2-39. - Responsibility for selection of methods of construction contracting management.
Section 37-2-40. - Bid security.
Section 37-2-41. - Contractors’ bonds.
Section 37-2-42. - Price adjustments.
Section 37-2-43. - Contract clauses and their administration.
Section 37-2-44. - Cost and pricing principles — Regulations required.
Section 37-2-45. - Supply disposition process.
Section 37-2-46. - Authority to resolve contract and breach of contract controversies.
Section 37-2-47. - Failure to render timely decisions.
Section 37-2-48. - Arbitration.
Section 37-2-49. - Disputes and appeals procedure.
Section 37-2-50. - Settlement of dispute.
Section 37-2-51. - Decision presumed to be correct.
Section 37-2-52. - Authority to resolve protests.
Section 37-2-53. - Written determination for continuation of the procurement.
Section 37-2-54. - Chief purchasing officer — Purchases.
Section 37-2-55. - Imprest fund.
Section 37-2-56. - Purchasing for municipalities and regional school districts.
Section 37-2-56.1. - Repealed.
Section 37-2-58. - Review of threshold amounts.
Section 37-2-59.1. - Selection of professionals with place of business located in Rhode Island.
Section 37-2-61. - Solicitation.
Section 37-2-62. - Evaluation of qualifications and performance data.
Section 37-2-64. - Professional services — Architectural and engineering services — Public agency.
Section 37-2-66. - Solicitation — Public agency.
Section 37-2-67. - Evaluation of qualifications and performance data.
Section 37-2-68. - Final selection — Public agency — Directors.
Section 37-2-70. - Professional services — Legal.
Section 37-2-72. - Professional services — Medical and dental consultant services.
Section 37-2-74. - Printing, binding, advertising, and election expenses.
Section 37-2-75. - Prohibition against the use of lead based paints.
Section 37-2-76. - State purchase of recycled products.
Section 37-2-76.1. - Additional definitions.
Section 37-2-77. - International Trade Agreements — Procurement rules — General Assembly approval.
Section 37-2-78. - Severability.
Section 37-2-79. - Establishment of the Rhode Island Strategic Purchasing Advisory Commission.
Section 37-2-80. - Selection of vendors and services with place of business located in Rhode Island.