Rhode Island General Laws
Chapter 37-2 - State Purchases
Section 37-2-20. - Negotiations after unsuccessful competitive sealed bidding.

§ 37-2-20. Negotiations after unsuccessful competitive sealed bidding.
(a) In the event that all bids submitted pursuant to competitive sealed bidding under § 37-2-18 result in bid prices in excess of the funds available for the purchase and the chief purchasing officer determines in writing:
(1) That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder, and
(2) The best interest of the state will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 37-2-18, then a negotiated award may be made as set forth in subsection (b) or (d) of this section.
(b) Where there is more than one bidder, competitive negotiations, pursuant to § 37-2-19, shall be conducted with the three (3) (or two (2) if there are only two (2)) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:
(1) If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; and
(2) A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
(c) Contracts may be competitively negotiated when it is determined in writing by the purchasing agent that the bid prices received by competitive sealed bidding were not independently reached in open competition, and for which:
(1) Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and
(2) The negotiated price is lower than the lowest rejected bid by any competitive bidder; and
(3) The negotiated price is the lowest negotiated price offered by a competitive offeror.
(d) When, after competitive sealed bidding, it is determined in writing that there is only one responsive and responsible bidder, a negotiated award may be made with the bidder subject to the provisions of § 37-2-28.
History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

Structure Rhode Island General Laws

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 37-2-17.2. - Utilization of department of administration 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 37-2-27.3. - Procurement of construction manager at-risk services — Technical review committee.

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 37-2-57. - Repealed.

Section 37-2-58. - Review of threshold amounts.

Section 37-2-59. - Professional services — Architectural, engineering, and consultant services — Committee.

Section 37-2-59.1. - Selection of professionals with place of business located in Rhode Island.

Section 37-2-60. - Public announcement of needed architectural, engineering, and consultant services.

Section 37-2-61. - Solicitation.

Section 37-2-62. - Evaluation of qualifications and performance data.

Section 37-2-63. - Selection of firms for discussion with chief purchasing officer — Final selection.

Section 37-2-64. - Professional services — Architectural and engineering services — Public agency.

Section 37-2-65. - Public announcement of needed architectural, engineering or consultant 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 37-2-69. - Provision of architectural, engineering, or consultant services not exceeding twenty thousand dollars.

Section 37-2-70. - Professional services — Legal.

Section 37-2-71. - Repealed.

Section 37-2-72. - Professional services — Medical and dental consultant services.

Section 37-2-73. - Purchasing of pest control services — Effect of an order by the director of environmental management.

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.

Section 37-2-81. - Authority to conduct state and national background checks for vendors with access to federal tax information.