It is enacted by the General Assembly as follows:

SECTION 1. Sections 37-2-17, 37-2-18, 37-2-22 and 37-2-24 of the General Laws in Chapter 37-2 entitled "State Purchases" are hereby amended to read as follows:

{ADD 37-2-17. Method of source selection. -- ADD} {ADD All state contracts and purchases shall be solicited solely through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in section 37-2-17.1. ADD} Except as otherwise authorized by law, all state contracts shall be awarded by:

(1) Competitive sealed bidding, pursuant to section 37-2-18;

(2) Competitive negotiation, pursuant to sections 37-2-19 and 37-2-20;

(3) Noncompetitive negotiation, pursuant to section 37-2-21; or

(4) Small purchase procedures, pursuant to section 37-2-22.

{ADD 37-2-18. Competitive sealed bidding. -- ADD} (1) Contracts exceeding the amount provided by section 37-2-22 shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable. Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:

(a) Specifications can be prepared that permit award on the basis of either the lowest bid price or the lowest evaluated bid price; and

(b) The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.

(2) The invitation for bids shall state whether award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available.

(3) {ADD Unless the invitations for bid are accessible under the provisions as provided in section 37-2-17.1, ADD} {DEL Adequate DEL} public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation in the state as determined by the chief purchasing officer not less than seven (7) days nor more than twenty-one (21) days before the date set for the opening of the bids. The chief purchasing officer may make a written determination that the twenty-one (21) day limitation needs to be waived. The written determination shall state the reason why the twenty-one (21) day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.

(4) Bids shall be opened publicly at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid shall be made available and open to public inspection and retained in the bid file.

(5) The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price.

(6) Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the chief purchasing officer.

{ADD 37-2-22. Small purchases. -- ADD} Procurements, not to exceed an aggregate amount of five thousand dollars ($5,000) for construction and two thousand five hundred dollars ($2,500) for all other purchases may be made in accordance with small purchase regulations promulgated by the chief purchasing officer. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.

{ADD 37-2-24. Responsibilities of bidders and offerors. -- ADD} (1) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer.

A reasonable inquiry to determine the {ADD financial strength and ADD} responsibility of a {ADD business which is a ADD} bidder or offeror {DEL may DEL} {ADD shall ADD} be conducted. The failure of a bidder or offeror to promptly supply information in connection with such an inquiry {ADD , including but not limited to financial statements and business references, shall ADD} {DEL may DEL} be grounds for a determination of nonresponsibility with respect to such a bidder or offeror.

{ADD Said financial analysis may include the review of the business by a nationally recognized commercial credit reporting bureau. A consistent policy for ordering credit bureau reports shall be developed and approved by the chief purchasing officer. ADD}

(2) Except as otherwise provided, by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the division of state purchasing or the purchasing agency administering the contract without prior written consent of the bidder or offeror.

SECTION 2. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby amended by adding thereto the following section:

{ADD 37-2-17.1. Rhode Island Vendor Information Program (RIVIP). -- ADD} {ADD The chief purchasing officer is directed to institute an electronic vendor information program which shall enable all invitations for bid and requests for a proposal to be accessed electronically by all potential vendors. This program is to be readily accessible through public access stations located at the following locations:

(1) One Capital Hill, Providence, Rhode Island;

(2) City or town hall or public library of each of the thirty-nine (39) cities and towns in the state.

Further, the vendor information program shall be accessible to potential vendors through means of computer modem. ADD}

SECTION 3. This act shall take effect on April 1, 1995.