§ 45-55-4. Definitions.
The words defined in this section have the following meanings whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.
(1) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.
(2) “Change order” means a written order signed by the purchasing agent, or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.
(3) “Construction” means the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the municipality in the usual course of their job.
(4) “Contract” means all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts, purchase orders, and construction management contracts. It also includes supplemental agreements with respect to any of the preceding. “Contract” does not include labor contracts with employees of the municipality.
(5) “Contract modification” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes bilateral actions, as supplemental agreements, and unilateral actions, as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.
(6) “Contractor” means any person having a contract with a municipality.
(8) “Data” means recorded information, regardless of form or characteristic.
(8) “Designee” means a duly authorized representative of a person holding a superior position.
(9) “Employee” means an individual drawing a salary from a municipality, whether elected or not, and any nonsalaried individual performing personal services for any municipality.
(10) “May” means permissive.
(11) “Municipality” means the individual cities and towns of the state of Rhode Island.
(12) “Negotiation” means contracting by either of the methods described in §§ 45-55-6, 45-55-7, and 45-55-8.
(13) “Person” means any business, individual, organization, or group of individuals.
(14) “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
(15) “Purchasing officer” means the person designated in each municipality or quasi public agency pursuant to section 45-55-3.
(16) “Regulations” means rules and regulations adopted by the individual cities or towns, concerning the implementation of the provisions of this chapter.
(17) “Services” means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. “Services” does not include labor contracts with employees of governmental agencies.
(18) “Shall” means imperative.
(19) “Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties.
(20) “Supplies” means all property, including, but not limited, to leases of real property, printing and insurance, except land or permanent interest in land.
History of Section.P.L. 1992, ch. 394, § 1; P.L. 2009, ch. 310, § 66.
Structure Rhode Island General Laws
Chapter 45-55 - Award of Municipal Contracts
Section 45-55-1. - Legislative findings.
Section 45-55-2. - Method of source selection.
Section 45-55-3. - Purchasing agent — Appointment — Duties.
Section 45-55-4. - Definitions.
Section 45-55-5. - Competitive sealed bidding.
Section 45-55-5.1. - Business exempt.
Section 45-55-5.2. - Town of North Smithfield — Exemption.
Section 45-55-6. - Competitive negotiation.
Section 45-55-7. - Negotiations after unsuccessful competitive sealed bidding.
Section 45-55-8. - Sole source procurement and emergency procurements.
Section 45-55-8.1. - Qualification-based selection of architects and engineers.
Section 45-55-9. - Small purchases.
Section 45-55-10. - Cancellation of invitation for bids and requests for proposals.
Section 45-55-11. - Responsibilities of bidders and offerors.
Section 45-55-12. - Prequalification of contractors — General.
Section 45-55-13. - Exclusion of state mandated costs.
Section 45-55-13.2. - Exclusion of multi-cities or towns energy aggregation programs.
Section 45-55-13.3. - Exclusion of multi-school district combined purchasing consortia.
Section 45-55-14. - Staff consultants.
Section 45-55-15. - Severability.
Section 45-55-16. - Prohibition against the use of lead based paints.