2013 -- H 5959

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LC02263

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

     

     

     Introduced By: Representatives Marshall, Malik, Shekarchi, Costantino, and Almeida

     Date Introduced: April 04, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-2-80 of the General Laws in Chapter 37-2 entitled "State

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Purchases" is hereby amended to read as follows:

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     37-2-80. Selection of vendors and services with place of business located in Rhode

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Island. -- The State of Rhode Island and Providence Plantations has a large number of well-

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qualified vendors and service-oriented businesses. (a) In instances where contracts are entirely

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supported by state funds and two (2) or more vendors or service providers are judged to be equal

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on all other factors, the chief purchasing officer shall select a vendor or service provider whose

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headquarters or primary place of business is located within the state or secondly select those

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entities that propose a joint venture with a vendor or service provider whose headquarters or

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primary place of business is within the state.

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     (b) The chief purchasing officer shall add a percent increase to the original bid of a

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nonresident bidder equal to the percent, if any, of the preference given to such nonresident bidder

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in the state in which such nonresident bidder resides. If, after application of such percent increase,

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the bidder that submits the lowest responsible qualified bid is a resident bidder, the chief

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purchasing officer shall award such contract to such resident bidder provided such resident bidder

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agrees, in writing, to meet the original lowest responsible qualified bid. Any such agreement by

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such resident bidder to meet the original lowest responsible qualified bid shall be made not later

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than seventy-two (72) hours after such resident bidder receives notice from the chief purchasing

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officer that such resident bidder may be awarded such contract if such resident bidder agrees to

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meet the original lowest responsible qualified bid.

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     (c) This section shall not apply to contracts that are financed in part or in their entirety by

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the federal government, including, but not limited to, contracts supported by the Federal Highway

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Administration (FHA), the Federal Railroad Administration (FRA), the Federal Aviation

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Administration (FAA) or the Environmental Protection Agency (EPA).

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     SECTION 2. This act shall take effect upon passage.

     

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LC02263

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

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     This act would mandate the state purchasing officer add a percent increase to the original

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bid of a nonresident bidder equal to the percent of the preference given to a nonresident bidder in

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the state in which the nonresident bidder resides. If a resident bidder is the low bidder after this

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adjustment, the contract would be awarded to the resident bidder provide the resident bidder

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agrees to meet the original lowest bid.

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     This act would take effect upon passage.

     

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LC02263

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H5959