2022 -- H 7416

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LC004531

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF STATE --

AWARD OF MUNICIPAL CONTRACTS

     

     Introduced By: Representatives Nardone, Roberts, Quattrocchi, and Chippendale

     Date Introduced: February 09, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-8 of the General Laws entitled "Department of State" is hereby

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amended by adding thereto the following section:

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     42-8-25. Municipal sealed bidding registry.

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     (a) The secretary of state shall establish a registry for the filing and publication of municipal

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invitations for bids which are subject to the competitive sealed bidding provisions of § 45-55-5.

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     (b) The municipal invitations for bids registry established pursuant to the provisions of

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subsection (a) of this section shall be published on the official website of the secretary of state, in

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searchable format.

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     (c) The secretary of state shall promulgate rules, and may promulgate guidance documents,

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governing the filing, format and publication of municipal invitations to bid.

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     SECTION 2. Section 45-55-5 of the General Laws in Chapter 45-55 entitled "Award of

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Municipal Contracts" is hereby amended to read as follows:

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     45-55-5. Competitive sealed bidding.

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     (a) Contracts exceeding the amount provided by § 45-55-9 shall be awarded by competitive

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bidding unless they are professional engineering/architectural services pursuant to § 45-55-8.1 and

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it is determined in writing that this method is not practicable. Factors to be considered in

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determining whether competitive sealed bidding is practicable shall include whether:

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     (1) Specifications can be prepared that permit award on the basis of either the lowest

 

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qualified bid price or the lowest qualified evaluated bid price; and

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     (2) The available sources, the time and place of performance, and other relevant

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circumstances as are appropriate for the use of competitive sealed bidding.

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     (b) The invitation for bids shall state whether award shall be made on the basis of the lowest

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bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective

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measurable criteria to be utilized shall be stated in the invitation for bids, if available.

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     (c) Adequate public notice of the invitation for bids shall be given a sufficient time prior

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to the date stated in the notice for the opening of bids. Notice may include publication in a

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newspaper of general circulation in the state as determined by the purchasing officer for the

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municipality not less than seven (7) days nor more than twenty-one (21) days before the date set

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for opening of the bids. The purchasing officer may make a written determination that the twenty-

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one (21) day limitation needs to be waived. The written determination shall state the reason why

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the twenty-one (21) day limitation is being waived and shall state the number of days, giving a

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minimum and maximum, before the date set for the opening of bids when public notice is to be

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given. In addition to any other notice, each public notice of an invitation for bids shall be filed and

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published with the municipal invitations for bids registry pursuant to the provisions of § 42-8-25

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and rules promulgated by the secretary of state.

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     (d) Bids shall be opened publicly in full view of the public at the time and place designated

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in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an

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abstract made available for public inspection. Subsequent to the awarding of the bid, all documents

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pertinent to the awarding of the bid shall be made available and open to public inspection and

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retained in the bid file.

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     (e) The contract shall be awarded with reasonable promptness by written notice to the

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responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or

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responsive bid price.

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     (f) Correction or withdrawal of bids may be allowed only to the extent permitted by

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regulations issued by the purchasing officer.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF STATE --

AWARD OF MUNICIPAL CONTRACTS

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     This act would require the secretary of state to establish a registry for publication of

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municipal invitations for bids and would require that municipalities publish notice of invitations

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for bids with the registry.

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     This act would take effect upon passage.

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