§ 37-2-28. Cost or pricing data.
(a) A contractor shall submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of:
(1) The pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand dollars ($50,000); or
(2) The pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000), or such lesser amount in either instance as may be prescribed by the purchasing agent and approved by the budget office.
(b) Any contract, change, or modification thereto, under which a certificate is required, shall contain a provision that the price to the state, including profit or fee, shall be adjusted to exclude any significant sums by which the purchasing agent finds that the price was increased because the contractor furnished cost or pricing data, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current.
(c) The requirements of this section need not be applied to contracts where the price negotiated is based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, or in exceptional cases where it is determined, in writing, by the chief purchasing officer that the requirements of this section may be waived, and the reasons for that waiver are stated in writing.
History of Section.P.L. 1989, ch. 526, § 2.
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.