Section 220-RICR-30-00-6.7 - Guidelines in NegotiationsA. The purchasing official responsible for the negotiation shall prepare a written statement at the conclusion of each negotiation phase setting forth the principal elements of the price negotiation.1. Sufficient detail shall be recorded to reflect the most significant considerations controlling the establishment of the price.2. If cost and pricing data were not required, a statement detailing the basis for determining that the price was fair and reasonable and the extent to which the data submitted were not a factor in the price negotiated shall be recorded.B. Contracts shall contain an audit clause which provides that if, after award, the Purchasing Agent obtains information that submitted data were inaccurate, incomplete or not current, or if the data were not adequately verified at the time of negotiation, then a post-award audit shall be undertaken.C. Contracts shall contain to the extent possible language which provides for unit pricing for potential change orders.D. The Division of Purchases shall conduct or shall obtain price analyses to ascertain whether the price quoted is fair and reasonable in relation to comparable procurements when the absence of open market competition precludes the use of competitive sealed bidding.E. In the negotiation of settlements of contracts which have been terminated: 1. Contract settlement shall be made in accordance with terms specified in the purchase order.2. In the absence of appropriate contract language, the vendor shall be paid for costs incurred, plus a reasonable profit, until the contract was terminated.3. Penalties due to the State in accordance with a contract may be deducted from any payment to which a vendor is entitled.F. To determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, reimbursements shall be made only upon the presentation of documented, auditable evidence to the State that the vendor has incurred an eligible expense.220 R.I. Code R. 220-RICR-30-00-6.7
Amended effective 11/28/2019
Amended effective 6/6/2022