Section 220-RICR-30-00-1.5 - BREACH OF CONTRACT DISPUTESA. "Contract dispute" means a circumstance whereby a contractor and the state user agency are unable to arrive at a mutual interpretation of the requirements, limitations, or compensation for the performance of a contract.B. The Purchasing Agent is authorized to resolve contract disputes between contractors and user agencies upon the submission of a request in writing from either party, which request shall provide: 1. a description of the problem, including all appropriate citations and references from the contract in question,2. a clear statement by the party requesting the decision of his interpretation of the contract, and3. a proposed course of action to resolve the dispute.C. The other contracting party shall respond within five business days.D. Within fourteen (14) calendar days after receipt of a contract dispute the Purchasing Agent shall determine in writing whether: 1. the interpretation provided is appropriate,2. the proposed solution is feasible, or3. another solution may be negotiable.E. The Purchasing Agent may assess dollar damages against vendors or contractors determined to be non-performing or otherwise in default of their contractual obligations equal to the cost of remedy incurred by the State. Payment of such damages shall be a condition precedent for any subsequent change or contract award. Failure by the vendor or contractor to pay such damages shall constitute just cause for disqualification and rejection, suspension, or debarment.F. Any appeal from the Purchasing Agent's determination of a contract dispute or assessment of damages must be filed with the Chief Purchasing Officer within fourteen (14) calendar days and in accordance with the "bid protest" procedures set forth in § 1.6 of this Part entitled "Resolution of Protest."220 R.I. Code R. 220-RICR-30-00-1.5
Amended effective 11/29/2018