TITLE 37

Public Property and Works

CHAPTER 37-2

State Purchases

SECTION 37-2-27.4



   § 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 method of construction management on a project, subcontractors,

equipment, and material purchases shall be procured pursuant to the following:



   (1) All potential vendors shall be prequalified as

responsible bidders or offerors as defined in § 37-2-15(6);



   (2) The construction management at-risk firm shall be

provided with access to the Rhode Island Vendor Information Program ("RIVIP")

and/or the relevant portion of the program or information thereon in such

direct or indirect manner as the director of the department of administration

may determine for the purpose of issuing solicitations to pre-qualified vendors

for subcontracts, equipment, and materials necessary for the project. The

construction manager at-risk shall use the RIVIP for solicitation of bids for

all subcontractors, equipment, and material necessary for the project;



   (3) All bids shall be opened in public at the time and place

designated in the solicitation 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 construction manager at-risk shall evaluate the bid

proposals and conduct further negotiations with vendors where appropriate;



   (5) Prior to the awarding of a project-related contract by

the construction manager at-risk, the using agency shall provide its written

approval;



   (6) The construction manager at-risk shall award all

project-related contracts with reasonable promptness after approval by the

using agency.



   (b) When using the construction manager at-risk method of

construction management, all subcontract work, equipment, and material

purchases shall be memorialized by the construction management at-risk firm and

the using agency through 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

2 of title 38, 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 2 of title 38 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 2 of title 38,

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 construction management at-risk contract.



History of Section.

(P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch.

357, § 1; P.L. 2014, ch. 400, § 1.)