2013 Rhode Island General Laws
Title 37 - Public Property and Works
Chapter 37-2 - State Purchases
Section 37-2-27.4 - Procurement of construction manager at-risk services – Bidding of subcontracts.

§ 37-2-27.4 Procurement of construction manager at-risk services – Bidding of subcontracts. – (a) In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk (CMAR) delivery method all subcontract work and equipment and material purchases shall be procured pursuant to the following:

(1) All vendors shall be prequalified as a responsible bidder or offeror as defined in subdivision 37-2-15(6);

(2) All subcontract work and equipment and material purchases shall be procured through the Rhode Island vendor information program (RIVIP);

(3) All bids shall be opened in public at the time and place designated in the invitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;

(4) The three (3) lowest responsive bids, as defined in subdivision 37-2-15(7), shall be forwarded to the CMAR who shall evaluate the bids and conduct further negotiations where appropriate;

(5) Prior to the awarding of a bid, the using agency shall provide written approval of the final award;

(6) The final award shall be awarded with reasonable promptness.

(b) When using the construction manager at-risk (CMAR) delivery method, all subcontract work and equipment and material purchases shall be memorialized through the detailed documentation of the decisions made and the reasons for those decisions.

(c) All bid documents, bid abstracts and documents referring to the bid process shall be public in accordance with the provisions of chapter 38-2, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 38-2 shall rest with the bidder or offeror.

Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 38-2, the Access to Public Records Act.

(d) No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the CMAR contract.

History of Section.
(P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2.)