880 R.I. Code R. 880-RICR-00-00-1.6

Current through November 21, 2024

Section 880-RICR-00-00-1.6 - Source Selection

1.6.1Methods of Source Selection

A. Except as otherwise authorized by law or by Rule of the Corporation, all contracts of the Corporation shall be awarded by:

1. Competitive sealed bidding, pursuant to § 1.6.2 of this Part; or

2. Competitive negotiation, pursuant to §§ 1.6.3 and 1.6.4 of this Part; or

3. Non-competitive negotiation, pursuant to § 1.6.5 of this Part; or

4. Small purchase procedures, pursuant to § 1.6.6 of this Part.

1.6.2Competitive Sealed Bidding

A. Contracts exceeding the amount provided by § 1.6.6 of this Part (Fifty Thousand and 00/100 Dollars ($50,000) for construction and Twenty-Five Thousand and 00/100 ($25,000) for all other purchases) 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:

1. Specifications can be prepared that permit an award on the basis of either the lowest bid price or the lowest 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 bid price or the lowest evaluated 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. All documents submitted in response to the bid proposal are public pursuant to R.I. Gen. Laws Chapter 38-2 (Access to Public Records) upon opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their bid proposal to be available for public inspection upon the opening of the bids. The burden to identify and withhold from the public copy that is released at the bid opening any trade secrets, commercial or financial information, or other information the bidder deems not subject to public disclosure pursuant to R.I. Gen. Laws Chapter 38-2 shall rest with the bidder submitting the bid proposal.

C. Adequate 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 Corporation not less than seven (7) days nor more than twenty-eight (28) days before the date set for the opening of the bids. The Chief Purchasing Officer or purchasing agent may make a written determination that the twenty-eight (28) day limitation needs to be waived. The written determination shall state the reason why the twenty-eight (28) 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 and read aloud 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.

E. Immediately subsequent to the opening of the bids, copies of bid documents submitted shall be made available for inspection by the public pursuant to these Rules. Any objection to any bid on the grounds that it is nonresponsive to the invitation for the bids must be filed with the Chief Purchasing Officer or purchasing agent within five (5) business days of the opening of the bid. The Chief Purchasing Officer or purchasing agent shall issue a written determination to the objector and shall provide a copy of the determination to the objector and all those who submitted bids at least seven (7) business days prior to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and the Chief Purchasing Officer or purchasing agent shall reject the bid. The Chief Purchasing Officer or purchasing agent shall have no discretion to waive any requirements in the p which are identified as mandatory. Nothing in this section shall be construed to interfere with or invalidate the results of the due diligence conducted by the Corporation to determine whether bids are responsive and responsible.

F. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid that were not made public shall be made available and open to public inspection and retained in the bid file pursuant to the records retention policies adopted by the Corporation from time to time. The copy of the bid proposal provided pursuant to § 1.6.2(B) of this Part, shall be retained until the bid is awarded.

G. 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, lowest evaluated or responsive bid price.

H. Correction or withdrawal of bids will be allowed only in accordance with the instructions to bidders set forth in the invitation to bid.

1.6.3Competitive Negotiation

A. When the Chief Purchasing Officer determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 1.6.5 and 1.6.6 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 § 1.6.2(C) of this Part.

C. The request for proposals shall indicate the relative importance of price and other evaluation factors.

D. Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing by the Chief Purchasing Officer to be reasonably suitable of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted if the Chief Purchasing Officer or purchasing agent makes a written determination concerning one or more of the following:

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 discussion; 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.

E. An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Corporation taking into consideration price and the evaluation factors set forth in the request for proposals.

1.6.4Negotiations after Unsuccessful Competitive Sealed Bidding

A. Contracts may be competitively negotiated when it is determined in writing by the Chief Purchasing Officer that the bid prices received by competitive sealed bidding under § 1.6.2 of this Part, 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 §1.6.2 of this Part, result in bid prices in excess of the funds available for purchase, and Chief Purchasing Officer 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 Corporation will not permit the delay attendant to a re-solicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in §1.6.2 of this Part, then a negotiated award may be made as set forth in §§1.6.4(C) or 1.6.4(D) of this Part.

C. Where there is more than one bidder, competitive negotiations pursuant to § 1.6.3 of this Part, shall be conducted with the three (two if there are only two) 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 quantities, 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 responsive and responsible bidder, a noncompetitive negotiated award may be made with such bidder in accordance with § 1.6.5 of this Part.

1.6.5Non-Competitive Procurement

A. Sole Source: A contract may be awarded for a supply, service or construction item without competition when the Chief Purchasing Officer determines, in writing, that there is only one source for the required supply, service, or construction item.

B. Emergency: Notwithstanding any other provision of these Rules, the Chief Purchasing Officer 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 contractor shall be included in the contract file.

C. Noncompetitive negotiation after competitive solicitation: Contracts issued under procedures set forth herein may be negotiated with the successful vendor(s) subject to the provisions of § 1.8(B) of this Part. A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.

1.6.6Small Purchases

A. Procurements not to exceed Fifty Thousand and 00/100 Dollars ($50,000) for construction and Twenty-Five Thousand and 00/100 ($25,000) for all other purchases may be made by the Corporation in any manner the Chief Purchasing Officer believes reasonable, and in accordance with the follow procedures:

1. Procurements Other Than Construction:

Amount	Minimum Requirements
Up to and including $500	No quote necessary - must purchase through Accounting Department
Over $500 up to and including $2,000	3 telephone solicitations with written report thereof in memo format to Accounting Department
Over $2,000 up to and including $5,000	3 written quotations on vendor letterhead or facsimile
Over 5,000 up to and including $25,000	3 written quotations on vendor letterhead or facsimile, plus RI Vendor Information Program (State of RI on-line)

2. Construction Procurements:

Amount	Minimum Requirements
Up to and including $500	No quote necessary - Must purchase through Accounting Department
Over $500 and up to and including $50,000	3 written quotations on vendor letterhead or facsimile, plus RI Vendor Information Program (State of RI on-line)

880 R.I. Code R. 880-RICR-00-00-1.6