2022 -- H 8102

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LC005091

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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 PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

     

     Introduced By: Representatives Serpa, Noret, C Lima, Casimiro, and Solomon

     Date Introduced: April 06, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-2-54 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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     37-2-54. Chief purchasing officer -- Purchases.

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     (a) The chief purchasing officer, except as otherwise provided by law, shall purchase, or

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delegate and control the purchase of, the combined requirements of all spending agencies of the

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state including, but not limited to, interests in real property, contractual services, rentals of all types,

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supplies, materials, equipment, and services, except that competitive bids may not be required:

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     (1) For contractual services where no competition exists such as sewage treatment, water,

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and other public utility services;

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     (2) When, in the judgment of the department of administration, food, clothing, equipment,

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supplies, or other materials to be used in laboratory and experimental studies can be purchased

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otherwise to the best advantage of the state;

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     (3) When instructional materials are available from only one source;

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     (4) Where rates are fixed by law or ordinance;

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     (5) For library books;

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     (6) For commercial items that are purchased for resale;

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     (7) For professional, technical, or artistic services;

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     (8) For all other commodities, equipment, and services which, in the reasonable discretion

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of the chief purchasing officer, are available from only one source;

 

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     (9) For interests in real property.

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     (10) For works of art for museum and public display;

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     (11) For published books, maps, periodicals, newspaper or journal subscriptions, and

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technical pamphlets;

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     (12) For licenses for use of proprietary or patented systems; and

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     (13) For services of visiting speakers, professors, performing artists, and expert witnesses.

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     (b) Nothing in this section shall deprive the chief purchasing officer from negotiating with

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vendors who maintain a general service administration price agreement with the United States of

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America or any agency thereof or other governmental entities, provided, however, that no contract

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executed under this provision shall authorize a price higher than is contained in the contract

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between the general service administration and the vendor affected.

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     (c) The department of administration shall have supervision over all purchases by the

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various spending agencies, except as otherwise provided by law, and shall prescribe rules and

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regulations to govern purchasing by or for all spending agencies, subject to the approval of the

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chief purchasing officer; and shall publish a manual of procedures to be distributed to agencies and

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to be revised upon issuance of amendments to the procedures. No purchase or contract shall be

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binding on the state or any agency thereof unless approved by the department or made under general

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regulations which the chief purchasing officer may prescribe.

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     (d) The chief purchasing officer shall adopt regulations to require agencies to take and

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maintain inventories of plant and equipment. The department of administration shall conduct

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periodic physical audits of inventories. The following shall apply with respect to requests for

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proposals:

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     (1) The chief purchasing officer shall require all requests for proposals include approval:

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for the request for proposal from the agency director with authority over the funds to be spent on

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the contracted goods or services; the primary contact person for any request for proposal issued;

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and the employee of the spending agency who shall manage any resulting contract; and

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     (2) The chief purchasing officer shall confirm there is no conflict of interest, nor an

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appearance of a conflict, between the interests of an individual appointed to the technical evaluation

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committee for a request for proposal and the interests of the state.

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     (e) The department of administration shall require all agencies to furnish an estimate of

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specific needs for supplies, materials, and equipment to be purchased by competitive bidding for

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the purpose of permitting scheduling of purchasing in large volume. It shall establish and enforce

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schedules for purchasing supplies, materials, and equipment. In addition, all agencies shall submit

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to the department of administration, prior to the beginning of each fiscal year, an estimate of all

 

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needs for supplies, materials, and equipment during that year which will have to be acquired

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through competitive bidding.

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     (f) The director of the department of administration shall have the power: to transfer

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between departments; to salvage; to exchange; and to condemn supplies and equipment.

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     (g) Unless the chief purchasing officer deems it is in the best interest of the state to proceed

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otherwise, all property (including any interest in real property) shall be sold either by invitation of

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sealed bids or by public auction; provided, however, that the selling price of any interest in real

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property shall not be less than the appraised value thereof as determined by the department of

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administration or the department of transportation for the requirements of that department.

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     (h) Subject to the provisions of this chapter, the chief purchasing officer shall purchase, or

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otherwise acquire, all real property determined to be needed for state use, upon the approval of the

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state properties committee as to the determination of need and as to the action of purchase or other

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acquisition, provided that the amount paid shall not exceed the appraised value as determined by

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the department of transportation (for such requirements of that department) or value set by eminent

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domain procedure.

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     (i) The department of administration shall maintain records of all purchases and sales made

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under its authority and shall make periodic summary reports of all transactions to the chief

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purchasing officer, the governor, and the general assembly. The chief purchasing officer shall also

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report trends in costs and prices, including savings realized through improved practices, to the

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governor and general assembly.

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     (j) The chief purchasing officer shall attempt in every practicable way to insure that the

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state is supplying its real needs at the lowest possible cost. Further, to assure that the lowest possible

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cost is achieved, the chief purchasing officer may enter into cooperative purchasing agreements

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with other governmental entities.

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     SECTION 2. This act shall take effect upon passage.

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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 establish requirements with respect to requests for proposals submitted to

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the chief purchasing officer for review and ensure that the chief purchasing officer confirms that

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there are no conflicts or appearances of conflicts of interest between the interests of any individual

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appointed to the technical evaluation committee and the interests of the state.

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     This act would take effect upon passage.

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