Rhode Island Department of Transportation Projects

Regulation Authority:

R.I. Gen. Laws §§ 37-2-9 and 37-2-13

Purpose and Reason:

By this rulemaking, the Department is repealing the existing regulations. Simultaneously through the adoption, the Department is proposing to: 1. Revise to comply with RICR formatting and codification guidelines. This includes minor, non-substantive corrections in spelling, grammar and formatting throughout the regulation in order to make the regulatory content fit into the RICR format and codification guidelines. 2. Remove regulatory content that relates to a project after the procurement process has concluded. Former Sections 12.104 through 12.109 have therefore been repealed. Sections 12.104 through 12.109 remain in the RIDOT “Blue Book”/vendor contracts. 3. Regulatory provisions related to Quest Lite were changed to “Quest Lite or other approved procurement software” in anticipation of the launch of a new “E-Procurement” system sometime in the next year. 4. § 12.1 Move the Authority Section to the top of regulation. Revise language related to Delegation of Authority to be more concise and consistent with the memorandums of delegation between agencies. 5. § 12.2 Replace “Introduction” heading with “Purpose” heading. Remove informational/non-regulatory language. Add a more concise summary of the purpose of this Part. Remove “Incorporation of Additional Provisions” due to redundancy and non-regulatory content. 6. § 12.3 “Definitions”. Delete all “abbreviations” Delete any terms no longer used in the regulation. Delete any terms that are already defined in either the State Purchases Act (R.I. Gen. Laws Chapter 37-2) or other procurement regulations and added “For purposes of this Part, unless otherwise specified, all terms shall have the same meanings as ascribed in the State Procurement Law, R.I. Gen. Laws Chapter 37-2 or as ascribed in 220-RICR-30-00-1 through 220-RICR-30-00-11.” Amend part of the “Actual Cost” definition to replace “i.e.” with “including but not limited to” Amend “Notice of Tentative Award” to “Notice of Tentative Selection”. This change was made to accurately reflect the phrasing of the Notice that is issued by the Division and to clarify that a contract/purchase order is not issued at the time of the Notice. Amend Standard Specifications definition from “A book of specifications approved for general application and repetitive use. Specifically, the Rhode Island Standard Specifications for Road and Bridge Construction of latest revision” to “A book of specifications approved for general application and repetitive use. Specifically, the Rhode Island Standard Specifications for Road and Bridge Construction of latest revision, also known as the "Blue Book.” Amend the definition of “Quest Lite” from “the computer software used by bidders to prepare a bid proposal” to “a computer software used by bidders to prepare a bid proposal.” Add the term “RIDOT” to the definitions and used to refer to the Rhode Island Department of Transportation for clarity, since this regulation involves two “Departments”. Delete the “repetition of expressions” clause due to redundancy. Amended to add “Any and all contract terms will be defined within individual contracts entered into by the State and RIDOT.” 7. § 12.4(D)(2) Amend for accuracy, changing “such information” to “these documents”. 8. § 12.4(G)(1) Amend “Mandatory Reasons for Disqualification” to “Reasons for Disqualification” for accuracy. Amend “The Department will declare a proposal non-responsive and shall disqualify a bidder for any of the following irregularities” to “The Division of Purchases may in consultation with RIDOT declare a proposal non-responsive and disqualify a bidder for any of the following irregularities”. This change was made for clarity. 9. § 12.4(L)(1)(e) Amend to add a cross reference to 290-RICR-10-00-2. 10. § 12.4(L)(2)(d) Amend “Failure to pay or satisfactorily settle Subcontractor Payments as provided for under Section 12.109.12 where good cause, as determined by RIDOT, has not been accepted.” to “Failure to pay or satisfactorily settle Subcontractor Payments as provided for under the Contract/Blue Book where good cause, as determined by RIDOT, has not been accepted.” 11. § 12.4(M) Amend “The bidder is advised of the “Buy American” requirements that apply to domestic steel products as set forth in the Subsection 12.106.01(a) of these Specifications” to “The bidder is advised of the “Buy American” requirements that apply to domestic steel products as set forth in the Contract/Blue Book.” 12. § 12.5(B) Amend “All post qualification requirements shall be submitted as specified in the contract documents prior to the award of the Contract” to “All post qualification requirements shall be submitted as specified in the Solicitation prior to the award of the Contract”. This change was made for clarity and accuracy. A list of what those requirements may be was deleted, since those requirements would be in the Solicitation. Amend “The successful bidder will first receive a Notice of Tentative Award” to “The successful bidder will first receive a Notice of Tentative Selection.” 13. § 12.5(C) Amend heading “Cancellation of Award” to “Cancellation of Notice of Tentative Selection.” Amend “Both the Department and Division of Purchases reserve the right to cancel the award of any Contract before the execution thereof by all parties without any liability against the State.” to “Both RIDOT and the Division of Purchases reserve the right to cancel the Notice of Tentative Selection prior to the issuance of the Purchase Order without any liability against the State of Rhode Island.” 14. § 12.5(F) Amend “The Contract shall be executed by the successful bidder, hereinafter referred to as the Contractor, in accordance with the instructions contained in the Notice of Tentative Award.” to “The Contract shall be executed by the successful bidder, hereinafter referred to as the Contractor, in accordance with the instructions contained in the Notice of Tentative Selection.” Amend “Failure of the successful bidder to execute the Contract Agreement and Contract Bond, deliver the required Certificates of Insurance; and comply with other stipulations within fifteen (15) calendar days of receipt of the Notice of Tentative Award shall be considered revocation of said notice and require forfeiture of the Proposal Guaranty to RIDOT and the Division of Purchases.” to “Failure of the successful bidder to execute the Contract Agreement and Contract Bond, deliver the required Certificates of Insurance; and comply with other stipulations within fifteen (15) calendar days of receipt of the Notice of Tentative Selection shall be considered revocation of said notice and require forfeiture of the Proposal Guaranty to RIDOT and the Division of Purchases.” 15. § 12.5(H) Amend “The purpose of this Specification is to preserve the bid documents of the Contractor for use by the parties in any claims or litigation between RIDOT and Contractor arising out of this Contract.” to “The purpose of § 12.5(H) is to preserve the bid documents of the Contractor for use by the parties in any claims or litigation between RIDOT and Contractor arising out of a Contract.” This change was made so that the provision uses regulatory language rather than contract language. Amend “The Contractor shall submit to RIDOT a legible copy of bid documentation used to prepare the bid for this Contract” to “The Contractor shall submit to RIDOT a legible copy of bid documentation used to prepare the bid for the Contract.” This change was made so that the provision uses regulatory language rather than contract language. Amend “In accordance with its representation that the sealed container placed in escrow contains all of the materials relied upon by the Contractor in preparing its bid, the Contractor agrees to waive its right to use any bid documentation other than that placed in escrow in disputes arising out of this Contract.” to “In accordance with its representation that the sealed container placed in escrow contains all of the materials relied upon by the Contractor in preparing its bid, the Contractor must agree to waive its right to use any bid documentation other than that placed in escrow in disputes arising out of the Contract.” This change was made so that the provision uses regulatory language rather than contract language. No comments or objections were received during the public comment period.