State Procurement Regulations

Regulation Authority:

RIGL 37-2-39

Purpose and Reason:

The proposed rules set forth five (5) alternative methods of contract management and describe the criteria for each method in detail, while the existing rules simply gave discretion to the purchasing agent or agency to choose the method of contract management for a particular project without actually listing various methods of contract management. (See Existing Rule 8.11) Definitions of the various methods are included. In addition, the criteria for selecting several of these methods have been expanded. Specified road, bridge and heavy construction projects are exempted from the provisions of this rule. The existing rule states that the use of any method other than general contractor must be justified in writing to the Purchasing Agent by the requesting agency, stating the reasons why the preferred method may not be used, and the Purchasing Agent may approve or reject such requests at his discretion. (See Existing Rule 8.11.2) The proposed rules, however, list nine (9) separate criteria which must be reviewed in making the determination of which method of contract management will be utilized for a particular project. Although the existing rules presently require the Chief Purchasing Officer to record the reasons for the choice of contract management in writing and maintain such document in the contract file, the proposed rules further extend this requirement to the purchasing agent or agency. (See Existing Rules 8.11, 8.11.2) A section has also been added to address possible protests.