2024 -- S 3139 | |
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LC006235 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES | |
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Introduced By: Senator Louis P. DiPalma | |
Date Introduced: June 04, 2024 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 37-2-13.1 of the General Laws in Chapter 37-2 entitled "State |
2 | Purchases" is hereby amended to read as follows: |
3 | 37-2-13.1. Procurement regulations — Request for proposal. |
4 | (a) No request for proposal shall change to a master-price agreement unless the request for |
5 | proposal is cancelled and reissued as a master price agreement. |
6 | (b) No vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor |
7 | may bid on a request for proposal if that person or entity has or had any contractual, financial, |
8 | business, or beneficial interest with the state or a conflict of interest as defined in chapter 14 of title |
9 | 36 with any official, officer, or agency in charge of the request or if they materially participated or |
10 | were consulted with respect to the requirements, technical aspects, or any other part of the |
11 | formation and promulgation of the request for proposals except for the situations outlined in |
12 | subsection (f) of this section. |
13 | (c) Further, no person or entity who or that acts as an operator or vendor for the state may |
14 | participate in any request for proposal relating to any audit, examination, independent verification, |
15 | review, or evaluation of any of the person’s or entity’s work, financials or operations performed |
16 | for or on behalf of the state, or any official, officer, or agency. |
17 | (c)(d) Persons or entities certified as “sole source” providers under § 37-2-21 shall be |
18 | exempt from the requirements of subsection (b) of this section. |
19 | (d)(e) Any person or entity submitting a proposal in response to a request for proposal shall |
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1 | make a written certification attesting under the penalty of perjury that the terms of subsection (b) |
2 | of this section have been complied with or that the person or entity is exempt under subsection (c) |
3 | of this section. |
4 | (f) Requests for information formally issued by the division of purchases and emergency |
5 | procurements as defined in § 37-2-21 shall be exempt from subsection (b) of this section. Feasibility |
6 | studies and preliminary evaluations shall also be exempt from subsection (b) of this section if the |
7 | purchasing agent certifies in writing to the director of administration that a request for feasibility |
8 | studies or preliminary evaluations resulted in no responsive bids. However, the division of |
9 | purchases shall publicly disclose any final prior feasibility studies and/or evaluation reports |
10 | completed in a subsequent procurement regarding a project. |
11 | (g) All potential suppliers shall be given a fair opportunity to present their capabilities and |
12 | products. Reasonable effort shall be made to provide fair bidding opportunities to all qualified and |
13 | interested suppliers. |
14 | 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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1 | This act would provide that vendors, parent corporations, subsidiaries, affiliates, or |
2 | subcontractors of the state are prohibited from bidding on requests for proposals if the person or |
3 | entity has a conflict of interest as defined by the code of ethics. |
4 | This act would take effect upon passage. |
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