§ 37-2-27.4. Procurement of construction manager at-risk services — Bidding of subcontracts.
(a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant to the following:
(1) All potential vendors shall be prequalified as responsible bidders or offerors as defined in § 37-2-15(6);
(2) The construction management at-risk firm shall be provided with access to the Rhode Island Vendor Information Program (“RIVIP”) and/or the relevant portion of the program or information thereon in such direct or indirect manner as the director of the department of administration may determine for the purpose of issuing solicitations to pre-qualified vendors for subcontracts, equipment, and materials necessary for the project. The construction manager at-risk shall use the RIVIP for solicitation of bids for all subcontractors, equipment, and material necessary for the project;
(3) All bids shall be opened in public at the time and place designated in the solicitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;
(4) The construction manager at-risk shall evaluate the bid proposals and conduct further negotiations with vendors where appropriate;
(5) Prior to the awarding of a project-related contract by the construction manager at-risk, the using agency shall provide its written approval;
(6) The construction manager at-risk shall award all project-related contracts with reasonable promptness after approval by the using agency.
(b) When using the construction manager at-risk method of construction management, all subcontract work, equipment, and material purchases shall be memorialized by the construction management at-risk firm and the using agency through detailed documentation of the decisions made and the reasons for those decisions.
(c) All bid documents, bid abstracts, and documents referring to the bid process shall be public in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 2 of title 38 shall rest with the bidder or offeror.
Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act.
(d) No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.
History of Section.P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 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.