§ 45-55-7. Negotiations after unsuccessful competitive sealed bidding.
(a) In the event that all bids submitted pursuant to competitive sealed bidding under § 45-55-5 result in bid prices in excess of the funds available for the purchase, and the purchasing officer determines in writing:
(1) That there are no additional funds available from any source to permit an award to the lowest responsive and responsible bidder; and
(2) The best interest of the municipality will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 45-55-5, then a negotiated award may be made as stated in subsections (b) or (c) of this section.
(b) Where there is more than one bidder, competitive negotiations pursuant to § 45-55-6, shall be conducted with the three (3) (two (2) if there are only two (2)) bidders determined, in writing, to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:
(1) If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in the discussions; or
(2) A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
(c) When after competitive sealed bidding, it is determined, in writing, that there is only one responsive and responsible bidder, a noncompetitive negotiated award may be made with that bidder in accordance with § 45-55-8.
History of Section.P.L. 1992, ch. 394, § 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.