Section 120-RICR-00-00-1.2 - Rules Concerning the Procurement of Supplies1.2.1General ProvisionsA. Introduction The Employees' Retirement System of the State of Rhode Island and the Municipal Employees' Retirement System of the State of Rhode Island (the "System") is authorized to enter into contracts for the procurement of supplies and services. The purpose of these Rules is to create an equitable and efficient procurement system.
B. Definitions 1. The words defined in this subsection shall have the following meanings wherever they appear in these Rules, unless the context in which they are used clearly requires a different meaning. a. "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.b. "Change order" means a written order of the System or a vendor directing or allowing the vendor to make changes authorized by the contract without the consent of the vendor or the System.c. "Contract" means all types of agreements, including orders, for the purchase or disposal of supplies, services, construction or any other items. It shall include awards; contracts of a fixed-price, cost, cost-plus-a-fixed fee, or incentive type but shall not mean a cost plus a percentage of cost, contracts providing for the issuance of job or task orders, leases; letter contracts and purchase orders. "Contract" shall include supplemental agreements with respect to any of the foregoing. "Contract" does not include any labor contract with employees of the System or employees of any State agency.d. "Contract modification" means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions such as change orders, such as supplemental agreements, and unilateral actions, administrative changes, notices of termination, and notices of the exercise of a contract option.e. "Established catalog price" means the price included in the most current catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor of an item, is either published or otherwise available for inspection by customers, states prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item and states prices which are obtained from the most recent industry wide publications and informational journals if any.f. "Executive Director" means the person appointed by the Retirement Board as executive director pursuant to R.I. Gen. Laws § 36-8-9.g. "Evaluated bid price" means the dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life and residual value.h. "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in §1.2.2(A)(2) of this Part.i. "Negotiation" means contracting by either the method set forth in §§1.2.2(A)(3), (4), or (5) of this Part.j. "Person" means any business, individual, organization or group of individuals.k. "Procurement" means the purchasing, buying, renting, leasing or otherwise obtaining of any supplies or services, and all functions that pertain to the obtaining of any supply or service item, including all phases of contract administration.l. "Procurement committee" means a committee composed of five (5) members of the Retirement Board who shall be appointed by the Chair of the Retirement Board for terms of one (1) year in January of each year, provided, however, that the members of such committee first appointed after the adoption of these Regulations shall serve until December 31st of the year next following the year of their appointment. Any vacancies in the committee shall be filled by the Chair. The committee shall act by majority vote and a majority shall constitute a quorum.m. "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in §§1.2.2(A)(3), (4), or (5) of this Part.n. "Responsible bidder or offeror" means a qualified bidder who has the capability in all respects including financial responsibility to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.o. "Responsive bidder" means a person who has submitted a bid or proposal which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as the substance of any resulting contract. A bidder who submits a bid based on alternative specifications to those contained in the invitation to bid will be responsive only if, in the judgment of the System, the alternative specifications meet the performance objectives of the System with respect to the item or service to be purchased and the invitation to bid states that alternative specifications will be considered.p. "Retirement Board" or "Board" means the board established pursuant to R.I. Gen. Laws § 36-8-3 to administer the System.q. "Services" means the rendering, by a vendor, of its time and effort rather than the furnishing of a specific-end product, other than reports which are merely incidental to the required performance of services. "Services" does not include labor contracts with employees of State agencies.r. "Small business" means a person, partnership, corporation, or other form of business entity independently owned and operated, not dominant in its field and which employs five hundred (500) or fewer employees and has its principal place of business in the State.s. "State" means the State of Rhode Island and any of its departments or agencies and public agencies.t. "Supplemental agreement" means any contract modification which is accomplished by the mutual action of the parties.u. "Supplies" means all property, excluding real property or leases thereof.v. "Vendor" means any person who provides supplies, services, or construction under a contract.C. Application of Rules 1. These Rules shall apply to all expenditures of funds by the System under a contract, except labor contracts between the System and employees of the System or employees of the State, or other contracts between the System and the State or other governments. The provisions of these Rules shall be considered to be incorporated in all contracts of the System to which they apply.2. Notwithstanding anything contained in this §1.2.1(C) of this Part, the "Rules of the Employees' Retirement System of the State of Rhode Island and the Municipal Employees' Retirement System of the State of Rhode Island for the Selection of Consultants" shall govern the selection of consultants by the System.D. Procurement Responsibilities of the System 1. For purchases equal to or in excess of fifty thousand dollars ($50,000.00), the Retirement Board shall have all of the authority of the "Chief Purchasing Officer" of the System under R.I. Gen. Laws Chapter 37-2 and shall retain ultimate decision-making authority over procurements. For purchases equal to or in excess of twenty thousand dollars ($20,000.00), but not more than fifty thousand dollars ($50,000.00), a majority of the Procurement Committee shall have all of the authority of the "Chief Purchasing Officer" of the System under R.I. Gen. Laws Chapter 37-2 and shall retain ultimate decision-making authority over procurements. For purchases of twenty thousand dollars ($20,000.00) or less, the Executive Director shall have all of the authority of the Chief Purchasing Officer. Accordingly, the term "System" shall be used in these Rules to designate: a. The Executive Director for purchases of twenty thousand dollars ($20,000.00) or less, orb. The Procurement Committee or the Retirement Board acting in the capacity of Chief Purchasing Officer of the System.E. Public Access to Procurement Records Except as otherwise provided for herein, all procurement information of the System shall be a public record to the extent provided in R.I. Gen. Laws Chapter 38-2 (Access to Public Records) and shall be available to the public as provided in such Act.
F. Procurement Decisions of the System Every determination required by these Rules shall be in writing and based upon written findings of fact by the System. These determinations and written findings shall be retained in an official contract file in the offices of the System.
1.2.2Source Selection and Contract FormationA. Source Selection 1. Methods of Source Selection. Except as otherwise authorized by law or by Rule of the System, all contracts of the System shall be awarded by:a. Competitive-sealed bidding (§1.2.2(A)(2) of this Part);b. Competitive negotiation (§§1.2.2(A)(3) and (4) of this Part);c. Noncompetitive negotiation (§1.2.2(A)(5) of this Part);d. Small purchase procedures (§1.2.2(A)(6) of this Part); ore. Master price agreements (§1.2.2(A)(7) of this Part);2. Competitive-Sealed Bidding a. Contracts exceeding the amount provided by §1.2.2(A)(6) of this Part shall be awarded by competitive-sealed bidding unless the System determines in writing that this method is not practicable. Factors to be considered in determining whether competitive-sealed bidding is practicable shall include whether: (1) Specifications can be prepared that permit an award on the basis of either the lowest bid price or the lowest responsible evaluated bid price; and(2) The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive-sealed bidding.b. The invitation for bids shall state whether an award shall be made on the basis of the lowest responsible bid price or the lowest responsible 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.c. Public notice of the invitation for bids shall be given by publication in a newspaper of general circulation in the State or a consortium of newspapers, which publish their newspapers at least once each week and have a circulation in one (1) or more communities, not less than seven (7) days nor more than twenty-one (21) days before the date set for the opening of the bids. The System 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.d. 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.e. 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 bid price.f. Correction or withdrawal of bids will be allowed only in the following circumstances: (1) A bidder will not be permitted to correct a bid mistake after bid opening that would cause such bidder to have the low bid unless the mistake is clearly evident from examining the bid document, for example, errors in addition.(2) An otherwise low bidder may be permitted to correct a material mistake of fact in its bid, including price, when the intended bid is obvious from the bid document or is otherwise supported by proof that has evidentiary value. A low bidder will not be permitted to correct a bid for mistakes or errors in judgment.(3) In lieu of bid correction, a low bidder alleging a material mistake of fact will be permitted to withdraw its bid when there is reasonable proof that a mistake was made and the intended bid cannot be ascertained with reasonable certainty.(4) After bid opening, an otherwise low bidder shall not be permitted to make exceptions to the bid conditions or specifications which affect price or substantive obligations; however, such bidder shall be permitted the opportunity to furnish other information called for by the invitation for bids and not supplied due to oversight, so long as it does not affect responsiveness.3. Competitive Negotiation a. When the System determines in writing that the use of competitive-sealed bidding is not practicable, and except as provided in §§1.2.2(A)(5), (6) and (7) of this Part, a contract may be awarded by competitive negotiation.b. Adequate public notice of the request for proposals shall be given in the same manner as provided in §1.2.2(A)(2)(c) of this Part.c. The request for proposals shall indicate the relative importance of price and other evaluation factors.d. Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the System taking into consideration price and the evaluation factors set forth in the request for proposals.e. Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing by the System to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted: (1) With respect to prices, where such prices are fixed by law or Regulation, except that consideration shall be given to competitive terms and conditions; or(2) Where time of delivery or performance will not permit discussions; or(3) Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.4. Negotiations After Unsuccessful Competitive-Sealed Biddinga. Contracts may be competitively negotiated when it is determined in writing by the System that the bid prices received by competitive-sealed bidding under §1.2.2(A)(2) of this Part either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which: (1) Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and(2) The negotiated price is lower than the lowest rejected bid by any competitive bidder; and(3) The negotiated price is the lowest negotiated price offered by a competitive offeror.b. In the event that all bids submitted pursuant to competitive-sealed bidding under §1.2.2(A)(2) of this Part result in bid prices in excess of the funds available for the purchase, and the System determines in writing:(1) That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder, and(2) The best interest of the System will not permit the delay attendant to a re-solicitation under revised specifications, or for revised quantities, under competitive-sealed bidding as provided in §1.2.2(A)(2) of this Part, then a negotiated award may be made as set forth in §§1.2.2(A)(4)(c) or (d) of this Part.c. Where there is more than one (1) bidder, competitive negotiations pursuant to §1.2.2(A)(3) of this Part shall be conducted with the three (3) (two (2) if there are only two (2)) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive-sealed bid invitation. Such competitive negotiations shall be conducted under the following restrictions: (1) If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; and(2) A request for proposals, based upon revised specifications or guaranties, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price or lowest evaluated bid price submitted by any responsive and responsible offeror.d. When after competitive-sealed bidding it is determined in writing that there is only one (1) responsive and responsible bidder, a noncompetitive negotiated award may be made with such bidder in accordance with §1.2.2(A)(5) of this Part.5. Sole Source Procurement and Emergency Procurements a. A contract may be awarded for a supply or service item without competition when the System determines, in writing, that there is only one (1) source for the required supply or service item.b. Notwithstanding any other provision of these Rules, the System may make emergency procurements when there exists a threat to public health, welfare or safety under emergency conditions, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular vendor shall be included in the contract file.6. Small Purchases. Procurements, not to exceed an aggregate amount of seven thousand five hundred dollars ($7,500.00) for all purchases other than construction may be made at the established catalogue or market price of commercial items sold in substantial quantities to the general public. In the case of all other small purchases as defined in this section, the System shall procure items in any manner it believes reasonable. Where practicable, the System shall make inquiries from at least three (3) sources to determine what is a reasonable price. The inquiries may be made by telephone. No such inquiries are required when the price of the item or service is not expected to exceed one hundred dollars ($100.00). Procurement requirements shall not be artificially divided by the System so as to constitute a small purchase under this section.7. Master Price Agreements. Anything in these Rules to the contrary notwithstanding where any supplies to be purchased by the System are covered by a Master Price Agreement between a vendor and the Division of Purchasing of the Department of Administration of the State, such supplies may be purchased by the System without notice or otherwise following the procedures set forth in §§1.2.2(A)(2) through (6) of this Part, inclusive, hereof.8. Waiver of Information in Bids and Offers. The System may waive informalities in any bid or offer.B. Cancellation of Invitation for Bids and Requests for Proposals The System may cancel an invitation for bids, a request for proposal, or negotiations in connection with the procurement of any item or service, or may reject all bids or proposals if the System determines that such action is in the best interests of the System. No such cancellation or rejection shall prevent the System from resoliciting supplies and services for the same project on the same or different terms.
C. Responsibility of Bidders and Offerors 1. Determination of Responsibility. A written determination of responsibility of a bidder or offeror shall be made by the Executive Director in connection with the award of any contract. The Executive Director may make reasonable inquiries to determine responsibility. The failure of any bidder or offeror to promptly supply information in connection with such inquiries may be grounds for determining that such person is not responsible. Except as otherwise provided by law, information furnished by any bidder or offeror pursuant to this section may not be disclosed by the System to any other person without the prior written consent of such person.2. Annual Statement of Qualifications. Persons interested in contracting with the System shall be encouraged by the Executive Director to submit to the System annually a statement of qualifications. Solicitation mailing lists of potential vendors shall include but need not be limited to vendors who have submitted annual statements of qualifications.3. Cost or Pricing Dataa. A vendor shall submit to the System cost or pricing data and shall certify that, to the best of its knowledge and belief, any cost or pricing data required to be submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of the pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand dollars ($50,000.00), or the pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000.00).b. The System may require vendor certified cost or pricing data in connection with any bid, proposal or contract without regard to the price ceilings set forth above if the System determines that such cost or price data is necessary to ensure a fair and reasonable contract price to the System.c. Where certified cost or pricing data must be submitted in connection with any contract, change, or modification thereto, the price to the System, including profit or fee, shall be adjusted to exclude any significant sums by which the System finds that such price was increased because the vendor furnished cost or pricing data, as of the date agreed upon between the parties, that was inaccurate, incomplete, or not current.d. The System may elect not to require certified cost or pricing data where the price negotiated is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, prices set by law or Regulation, or in exceptional cases where the System determines that the requirements of this section may be waived by the System, and the reasons for such waiver are stated in writing.D. Contracts 1. Types of Contracts. The System may enter into any type of contract which will promote the best interests of the System subject to the following Rules:a. Cost plus percentage of cost-type contracts shall not be awarded to any person.b. No contract providing for the reimbursement of the vendor's cost plus a fixed fee (herein referred to as a cost-reimbursement-type contract) shall be awarded to any person unless the System determines that this type of contract is likely to be less costly to the System than any other type of contract or that it is impracticable to obtain supplies or services of the kind or quality required except under such a contract. Each vendor under a cost-reimbursement-type contract shall obtain the consent of the System, as provided for in the contract, before entering into: (1) A cost-reimbursement type subcontract; or(2) Any other type of subcontract involving more than ten thousand dollars ($10,000.00) or ten percent (10%) of the estimated cost of the prime contract. All cost-reimbursement-type contracts shall permit reimbursement only of allowable costs as determined in accordance with cost principles set forth in §1.2.5 of this Part.2. Approval of Accounting System. Except with respect to firm-fixed-pricetype contracts, no contract type shall be used by the System unless the System has determined that the proposed vendor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and that the vendor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.3. Partial, Progressive and Multiple Awards a. A contract may provide for payments as work progresses under the contract, upon the basis of costs incurred, percentage of completion accomplished or of a particular stage of completion. b. A contract may provide for payments upon submission of proper invoices or vouchers for supplies delivered and accepted or services rendered and accepted where such supplies and services are only part of total contract requirements.c. The System may reserve the right to split a contract between two (2) or more responsive and responsible bidders and to make an award for all or only part of the items, services or construction specified in the solicitation, if so stated in the invitation to bid or the request for proposal.4. Annual Appropriations. All contracts awarded by the System shall be subject to the availability of annual appropriations by the General Assembly unless prior to the award an amount equal to the contract price has been administratively set aside by the System from then available appropriated funds.E. Inspection of Facilities and Audits of Records1. The System may inspect the plant or place of business of the vendor or any subcontractor under any contract awarded or to be awarded by the System.2. The System shall be entitled to audit the books and records of a vendor or any subvendor under any negotiated contract other than a firm-fixed-pricetype contract, at any time until the period of retention provided for herein expires. Such books and records shall be maintained by the vendor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.F. Reporting of Anti-Competitive Practices1. If for any reason the System suspects collusion among bidders or offerors, the System shall transmit a written notice of the facts giving rise to such suspicion to the Attorney General of the State (the "Attorney General").2. All documents involved in any procurement in which collusion is suspected shall be retained by the System until the Attorney General notifies the System that they may be released. All such documents shall be made available to the Attorney General or their designee upon request, notwithstanding any other provision of this Rule.1.2.3 SpecificationsA. Issuance of Specifications1. The Executive Director shall establish and maintain to the extent practicable standards and specifications approved by the Department of Administration of the State, the U.S. Government, and industry and professional associations, relating to the development and use of purchasing specifications and for the inspection, testing and acceptance of supplies and services not inconsistent with the Rules of the System.2. The System shall develop to the extent practicable "General Conditions" to be used in various types of contracts entered into by the System.3. The System shall from time to time, review those standards and specifications and "General Conditions" which it utilizes, with a view to conforming such standards, specifications and "General Conditions" to all technical and scientific advances and to reflect changes in the System's requirements and to the extent practicable to maximize competition in the fulfillment of the System's requirements.1.2.4Modification and Termination of ContractsA. Modification of Contracts The System may require clauses in its contracts to which it is a party permitting changes or modifications by the System.B. Termination of Contract - Default of Vendor The System may provide that a contract may be terminated for default of the vendor and may provide for liquidated damages.
C. Termination of Contract - Convenience The System may provide that contracts may be terminated for the convenience of the System or the vendor and in such cases shall provide for appropriate adjustments in price including, where applicable, reimbursement for the reasonable value of any nonrecurring costs incurred but not amortized in the price of any item or service delivered under the contract.
1.2.5Cost Principles A. Cost and Pricing Principle 1. Except as otherwise provided by contract, the System shall use generally accepted accounting principles: a. As guidelines in the negotiation of estimated costs for contracts when the absence of open-market competition precludes the use of competitive-sealed bidding, as adjustments for changes or modifications in contract performance requested by the System, and as settlements of contracts which have been terminated;b. To determine the allowability of incurred costs for the purposes of reimbursing costs under contract provisions which provide for the reimbursement of costs; andc. As appropriate in any other situation where determinations of estimated or incurred costs of performing a contract may be required.1.2.6Dispute Resolution and Debarment A. Resolution of Protested Solicitation and Award1. Any actual or prospective bidder, offeror, or vendor who is aggrieved in connection with the solicitation or award of any contract may file a protest with the System. A protest must be filed in writing not later than two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto.2. The System shall promptly issue a decision in writing regarding such protest. A copy of that decision shall be furnished to the aggrieved party and shall state the reasons for the action taken.3. In the event a protest is filed in a timely manner under this Section, the System shall not proceed further with the solicitation or award which is the subject of the protest until it has issued a decision on the protest, or determined that continuation of the procurement is necessary to protect a substantial interest of the System.B. Debarment and Suspension 1. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the System may debar a person for cause from consideration for award of contracts contemplated by these Rules. The debarment shall not be for a period of more than three (3) years. The System may suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall be for a period of not less than three (3) months.2. Causes for debarment or suspension include the following:a. Conviction of a criminal offense in connection with obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;b. Conviction under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a vendor with the System;c. Conviction under State or Federal antitrust statutes arising from the submission of bids or proposals;d. Violation of contract provisions, as set forth below, of a character which is regarded by the System to be so serious as to justify debarment action: (1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a contract with the System; or(2) Recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts with the System or the State; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the vendor shall not be considered to be a basis for debarment;e. Any other cause the System determines to be so serious and compelling as to affect responsibility as a vendor, including debarment by a governmental entity.3. The System shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person of its rights to judicial review.4. A copy of the decision under §1.2.6(B)(3) of this Part shall be furnished promptly to the debarred or suspended person.C. Resolution of Contract Disputes If any claim or controversy arising under contracts to which these Rules apply is not resolved by mutual agreement, the System shall promptly issue a decision in writing regarding the subject matter of such claim or controversy. A copy of that decision shall be furnished to the vendor. If the System does not issue a written decision within thirty (30) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the vendor may proceed as if an adverse decision had been received from the System.
1.2.7 Additional Matters A. Equal Employment Opportunity For all contracts for supplies and services exceeding ten thousand dollars ($10,000.00), vendors must comply with the requirements of Federal Executive Order 11246, as amended, and R.I. Gen. Laws § 28-5.1-10. Failure to comply will be considered a substantial breach of the contract subject to penalties prescribed on Regulations administered by the Department of Administration of the State.
B. Conflict of Interest No member or employee of the System shall have any interest, financial or otherwise, direct or indirect, or engage in any activity which is in substantial conflict with the proper discharge of their duties as a member or employee of the System.
C. Legal Counsel Pursuant to the provisions of R.I. Gen. Laws §§ 36-8-9 and 45-21-35, legal counsel to the System is chosen by the General Treasurer of the State. Accordingly, nothing herein contained shall be deemed applicable to the selection of legal counsel for the System.
1.2.8Effective DateA. Effective Date These Rules shall become effective upon their adoption by the Board. Thereafter, the Board shall file a copy of these Rules with the Secretary of State.
B. Contracts in Effect on Effective Date These Rules shall not change in any way a contract commitment by the System or of a vendor to the System which was in existence on the effective date of these Rules.
120 R.I. Code R. 120-RICR-00-00-1.2
Amended effective 3/25/2019
Amended effective 5/27/2021