§ 45-55-6. Competitive negotiation.
(a) When, under regulations adopted by the city or town council, the purchasing agent determines, in writing, that the use of competitive sealed bidding is not practicable, and except as provided in §§ 45-55-8, 45-55-9, and 45-55-10 a contract may be awarded by competitive negotiation.
(b) Adequate public notice of the request for proposals shall be given in the same manner as provided in § 45-55-5(c).
(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 either are unreasonable as to all or part of the requirements, or 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) The request for proposals shall indicate the relative importance of price and other evaluation factors.
(e) Award shall be made to the responsible offeror whose proposal is determined, in writing, to be the most advantageous to the municipality taking into consideration price and the evaluation factors stated in the request for proposals.
(f) Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined, in writing, to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted:
(1) With respect to prices, where prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or
(2) Where time of delivery or performance will not permit discussions; or
(3) Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.
History of Section.P.L. 1992, ch. 394, § 1; P.L. 1998, ch. 276, § 1.
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.