§ 37-2-33. Multi-year contracts.
(a) Unless otherwise provided in the statute making appropriations therefor, multi-year contracts for supplies and services may be entered into for periods extending beyond the end of the fiscal year in which the contract was made, if funds for the first fiscal year of the contemplated contract are available at the time of contracting and the contract states that payment and performance obligations for succeeding fiscal years shall be subject to the availability of funds therefor.
(b) Prior to the utilization of a contract as described in subsection (a) of this section, it shall be determined, in writing, by the chief purchasing officer:
(1) That estimated requirements cover the period of the contract, are reasonably firm, and continuing; and
(2) That the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economics in state procurement.
(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent year of a contract as described in subsection (a) of this section, the contract for the subsequent year may be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from:
(1) Appropriations currently available for performance of the contract;
(2) Appropriations currently available for procurement of similar supplies or services and not otherwise obligated; or
(3) Appropriations made specifically for the payment of cancellation costs.
History of Section.P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 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.