2023 -- H 5964
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LC002229
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- DAY CARE PROGRAMS ST ATE
PURCHASES
Introduced By: Representatives Donovan, Boylan, Tanzi, McGaw, Kazarian, Casimiro,
Fogarty, Shallcross Smith, Caldwell, and McEntee
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Sections 37-2-7, 37-2-9 and 37-2-18 of the General Laws in Chapter 37-2 1
entitled "State Purchases" are hereby amended to read as follows: 2
37-2-7. Definitions. 3
The words defined in this section have the meanings set forth below whenever they appear 4
in this chapter, unless the context in which they are used clearly requires a different meaning or a 5
different definition is prescribed for a particular section, group of sections, or provision: 6
(1) “Business” means any corporation, partnership, individual, sole proprietorship, joint 7
stock company, joint venture, or any other legal entity through which business is conducted. 8
(2) “Change order” means a written authorization signed by the purchasing agent directing 9
or allowing the contractor to proceed with changes, alterations, or modifications to the terms, 10
conditions, or scope of work on a previously awarded contract. 11
(3) “Chief purchasing officer” shall mean: (i) For a state agency, the director of the 12
department of administration, and (ii) For a public agency, the executive director or the chief 13
operational officer of the agency. 14
(4) Child care declaration statement" means the form to be completed by bidders on 15
contracts pursuant to this chapter. 16
(4)(5) “Construction” means the process of building, altering, repairing, improving, or 17
demolishing any public structures or building, or other public improvements of any kind to any 18
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public real property. It does not include the routine maintenance or repair of existing structures, 1
buildings, or real property performed by salaried employees of the state of Rhode Island in the 2
usual course of their jobs. 3
(5)(6) “Contract” means all types of agreements, including grants and orders, for the 4
purchase or disposal of supplies, services, construction, or any other item. It includes awards; 5
contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the 6
issuance of job or task orders; leases; letter contracts; purchase orders; and construction 7
management contracts. It also includes supplemental agreements with respect to any of the 8
foregoing. “Contract” does not include labor contracts with employees of state agencies. 9
(6)(7) “Contract amendment” means any written alteration in the specifications, delivery 10
point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing 11
contract, whether accomplished by unilateral action in accordance with a contract provision, or by 12
mutual action of the parties to the contract. It includes bilateral actions, such as supplemental 13
agreements, and unilateral actions, such as change orders, administrative changes, notices of 14
termination, and notices of the exercise of a contract option. 15
(7)(8) “Contractor” means any person having a contract with a governmental body. 16
(8)(9) “Data” means recorded information, regardless of form or characteristic. 17
(9)(10) “Designee” means a duly authorized representative of a person holding a superior 18
position. 19
(10)(11) “Employee” means an individual drawing a salary from a state governmental 20
entity. 21
(11)(12) “State governmental entity” means any entity created as a legislative body or a 22
public or state agency by the general assembly or constitution of this state, except for municipal, 23
regional, or county governmental entities. 24
(12)(13) “May” means permissive. 25
(13)(14) “Negotiation” means contracting by either the method set forth in § 37-2-19, 37-26
2-20, or 37-2-21. 27
(14)(15) “Person” means any business, individual, organization, or group of individuals. 28
(15)(16) “Procurement” means the purchasing, buying, renting, leasing, or otherwise 29
obtaining of any supplies, services, or construction. It also includes all functions that pertain to the 30
obtaining of any supply, service, or construction item, including a description of requirements, 31
selection and solicitation of sources, preparation, and award of contract, and all phases of contract 32
administration. 33
(16)(17) “Public agency” shall mean the Rhode Island industrial recreational building 34
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authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities 1
corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage 2
finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public 3
transit authority, the Rhode Island student loan authority, the Howard development corporation, 4
the water resources board corporate, the Rhode Island health and education building corporation, 5
the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the 6
Narragansett Bay water quality management district commission, the Rhode Island 7
telecommunications authority, the convention center authority, the Channel 36 foundation, the 8
Rhode Island lottery commission their successors and assigns, any other body corporate and politic 9
which has been or will be created or established within this state excepting cities and towns, the 10
university of Rhode Island board of trustees for all purchases that are funded by restricted, 11
sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that 12
are funded by restricted, sponsored, or auxiliary monies. 13
(17)(18) “Purchase request” or “purchase requisition” means that document whereby a 14
using agency requests that a contract be entered into to obtain goods and/or services for a specified 15
need, and may include, but is not limited to, the technical description of the requested item, delivery 16
requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation 17
of suggested sources of supply, and information supplied for the making of any written 18
determination and finding required by § 37-2-6. 19
(18)(19) “Purchasing agency” means any state governmental entity which is authorized by 20
this chapter, its implementing regulations, or by way of delegation from the chief purchasing officer 21
to contract on its own behalf rather than through the central contracting authority of the chief 22
purchasing officer. 23
(19)(20) “Purchasing agent” means any person authorized by a governmental entity in 24
accordance with procedures prescribed by regulations, to enter into and administer contracts and 25
make written determinations and findings with respect to contracts. The term also includes an 26
authorized representative acting within the limits of authority. “Purchasing agent” also means the 27
person appointed in accordance with § 37-2-1. 28
(20)(21) “Services” means the rendering, by a contractor, of its time and effort rather than 29
the furnishing of a specific end product, other than reports that are merely incidental to the required 30
performance of services. “Services” does not include labor contracts with employees of state 31
agencies. 32
(21)(22) “Shall” means imperative. 33
(22)(23) “State” means the state of Rhode Island and any of its departments or agencies 34
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and public agencies. 1
(23)(24) “Supplemental agreement” means any contract modification which is 2
accomplished by the mutual action of the parties. 3
(24)(25) “Supplies” means all property, including, but not limited to, leases of real 4
property, printing, and insurance, except land or permanent interest in land. 5
(25)(26) “Using agency” means any state governmental entity which utilizes any supplies, 6
services, or construction purchased under this chapter. 7
(26)(27) As used in § 37-2-59, “architect” or “engineer” services means those professional 8
services within the scope of practice of architecture, professional engineering, or registered land 9
surveying pertaining to construction, as defined by the laws of this state. “Consultant” means any 10
person with whom the state and/or a public agency has a contract which contract provides for the 11
person to give direction or information as regards a particular area of knowledge in which the 12
person is a specialist and/or has expertise. 13
(27)(28) For purposes of §§ 37-2-62 — 37-2-70, “directors” means those members of a 14
public agency appointed pursuant to a statute who comprise the governing authority of the board, 15
commission, authority, and/or corporation. 16
(28)(29) “State agency” means any department, commission, council, board, bureau, 17
committee, institution, or other governmental entity of the executive or judicial branch of this state 18
not otherwise established as a body corporate and politic, and includes, without limitation, the 19
council on postsecondary education except for purchases which are funded by restricted, sponsored, 20
or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which 21
are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and 22
secondary education. 23
(29)(30) “Governmental entity” means any department, commission, council, board, 24
bureau, committee, institution, legislative body, agency, or government corporation of the 25
executive, legislative, or judicial branches of state, federal, and/or local governments. 26
(30)(31) “Construction management at-risk” or “construction management at-risk 27
services” or “construction management at-risk delivery method” is a construction method wherein 28
a construction manager at-risk provides a range of preconstruction services and construction 29
management services which may include cost estimation and consultation regarding the design of 30
the building project, the preparation and coordination of bid packages, scheduling, cost control, and 31
value engineering, acting as the general contractor during the construction, detailing the trade 32
contractor scope of work, holding the trade contracts and other contracts, evaluating trade 33
contractors and subcontractors, and providing management and construction services, all at a 34
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guaranteed maximum price, which shall represent the maximum amount to be paid by the using 1
agency for the building project, including the cost of work, the general conditions, and the fee 2
payable to the construction management at-risk firm. 3
(31)(32) “Construction manager at-risk” or “construction management at-risk firm” is a 4
person or business experienced in construction that has the ability to evaluate and to implement 5
drawings and specifications as they affect time, cost and quality of construction and the ability to 6
coordinate and deliver the construction of the project within a guaranteed maximum price, which 7
shall represent the maximum amount to be paid by the using agency for the building project, 8
including the cost of the work, the general conditions, and the fee payable to the construction 9
management at-risk firm. The construction manager at-risk provides consultation services during 10
the preconstruction and construction phases of the project. The project engineer, architect, or 11
owner’s program manager may not serve as the construction manager at-risk. 12
(32)(33) “Owner’s program manager” shall be an entity engaged to provide project 13
management services on behalf of a state agency for the construction and supervision of the 14
construction of a building project. The owner’s program manager acts as the owner’s agent in all 15
aspects of the construction project, including, but not limited to, architectural programming, 16
planning, design, construction, and the selection and procurement of an appropriate construction 17
delivery method. The owner’s program manager shall have at least seven (7) years’ experience in 18
the construction and supervision of construction of buildings of similar size and complexity. The 19
owner’s program manager shall not have been employed during the preceding year by the design 20
firm, the construction firm, and/or the subcontractors associated with the project. 21
37-2-9. Authority and duties of the chief purchasing officer. 22
(a) The chief purchasing officer shall have power and authority over, and may, except as 23
otherwise expressly provided in this chapter, adopt regulations pursuant to § 42-35-2 and consistent 24
with this chapter governing the purchasing, management, and control of any and all supplies, 25
services, construction, and other items required to be purchased by the state. The chief purchasing 26
officer shall consider and decide matters of policy with regard to state procurement. The chief 27
purchasing officer shall have the power of review with respect to the implementation of regulations 28
and policy determinations. 29
(b) Regulations shall be adopted governing the following: 30
(1) Conditions and procedures for delegations of purchasing authority; 31
(2) Prequalification, suspension, debarment, and reinstatement of prospective bidders; 32
(3) Small purchase procedures; 33
(4) Conditions and procedures for the purchase of perishables and items for resale; 34
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(5) Conditions and procedures for the use of source selection methods authorized by this 1
chapter including emergency purchases; 2
(6) Opening and rejection of bids or offers, consideration of alternate bids, and waiver of 3
informalities in offers; 4
(7) Confidentiality of technical data and trade secrets information submitted by actual or 5
prospective bidders or offerors; 6
(8) Partial, progressive, and multiple awards; 7
(9) Supervision of storerooms and inventories, including determination of appropriate 8
stock levels and the management, transfer, sale, or other disposal of state owned property; 9
(10) Definitions and classes of contractual services and procedures for acquiring them; 10
(11) To sell, trade, or otherwise dispose of surplus supplies and services for the state; 11
(12) To exercise general supervision and control over all warehouses, storerooms, stores, 12
and all inventories of supplies, services, and construction belonging to the state; 13
(13) To establish and maintain programs for the development and use of purchasing 14
specifications, and for the inspection, testing, and acceptance of supplies, services, and 15
construction; 16
(14) To develop a program which involves and/or utilizes small business and small 17
disadvantaged business as contractors; 18
(15) To develop standards of conduct which supplement the provisions of chapter 14 of 19
title 36, as amended, for personnel involved in the state of Rhode Island purchasing process; 20
(16) For all contracts for supplies and services exceeding ten thousand dollars ($10,000), 21
contractors must comply with the requirements of federal executive order no. 11246, as amended, 22
§ 28-5.1-10, and other regulations as issued by the purchasing agent, and administered by the state 23
equal opportunity office of the department of administration. Failure to comply will be considered 24
a substantial breach of the contract subject to penalties prescribed in the regulations: and 25
(17) To promote and facilitate the establishment and implementation of child care policies 26
and practices to be contained within a child care declaration statement as provided in § 37-2-9.1 to 27
be completed by bidders submitting bids pursuant to this chapter. 28
(c) The chief purchasing officer may adopt such other regulations as deemed advisable to 29
carry out the purposes of this chapter. 30
37-2-18. Competitive sealed bidding. 31
(a) Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive 32
sealed bidding unless it is determined in writing that this method is not practicable or that the best 33
value for the state may be obtained by using an electronic reverse auction as set forth in § 37-2-34
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18.1. Factors to be considered in determining whether competitive sealed bidding is practicable 1
shall include whether: 2
(1) Specifications can be prepared that permit award on the basis of either the lowest bid 3
price or the lowest evaluated bid price; and 4
(2) The available sources, the time and place of performance, and other relevant 5
circumstances as are appropriate for the use of competitive sealed bidding. 6
(b) The invitation for bids shall state whether the award shall be made on the basis of the 7
lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the 8
objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available. 9
All documents submitted in response to the bid proposal are public pursuant to chapter 38-2 upon 10
opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their 11
bid proposal to be available for public inspection upon the opening of the bids. The burden to 12
identify and withhold from the public copy that is released at the bid opening any trade secrets, 13
commercial or financial information, or other information the bidder deems not subject to public 14
disclosure pursuant to chapter 38-2, the Access to Public Records Act, shall rest with the bidder 15
submitting the bid proposal. 16
(c) Unless the invitations for bid are accessible under the provisions as provided in § 37-2-17
17.1, public notice of the invitation for bids shall be given a sufficient time prior to the date set 18
forth therein for the opening of bids. Public notice may include publication in a newspaper of 19
general circulation in the state as determined by the purchasing agent not less than seven (7) days 20
nor more than twenty-eight (28) days before the date set for the opening of the bids. The purchasing 21
agent may make a written determination that the twenty-eight (28) day limitation needs to be 22
waived. The written determination shall state the reason why the twenty-eight (28) day limitation 23
is being waived and shall state the number of days, giving a minimum and maximum, before the 24
date set for the opening of bids when public notice is to be given. 25
(d) Bids shall be opened and read aloud publicly at the time and place designated in the 26
invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract 27
made available for public inspection. 28
(e) The chief purchasing officer shall adopt and file regulations governing the bidding of 29
highway and bridge construction projects in the state not later than December 31, 2011. 30
(f) Immediately subsequent to the opening of the bids, the copies of bid documents 31
submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public. 32
Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids must be 33
filed with the purchasing agent within five (5) business days of the opening of the bids. The 34
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purchasing agent shall issue a written determination as to whether the subject bid is nonresponsive 1
addressing each assertion in the objection and shall provide a copy of the determination to the 2
objector and all those who submitted bids at least seven (7) business days prior to the award of the 3
contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and 4
the purchasing agent shall reject the bid. The purchasing agent shall have no discretion to waive 5
any requirements in the invitation to bid which are identified as mandatory. Nothing in this section 6
shall be construed to interfere with or invalidate the results of the due diligence conducted by the 7
division of purchasing to determine whether bids are responsive and responsible. 8
(g) Subsequent to the awarding of the bid, all documents pertinent to the awarding of the 9
bid that were not made public pursuant to subsection 37-2-18(e) shall be made available and open 10
to public inspection, pursuant to chapter 38-2, the Access to Public Records Act, and retained in 11
the bid file. The copy of the bid proposal provided pursuant to subsection 37-2-18(b) shall be 12
retained until the bid is awarded. 13
(h) The contract shall be awarded with reasonable promptness by written notice to the 14
responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or 15
responsive bid price. 16
(i) Correction or withdrawal of bids may be allowed only to the extent permitted by 17
regulations issued by the chief purchasing officer. 18
(j) As of January 1, 2011, this section shall apply to contracts greater than one million 19
dollars ($1,000,000); on January 1, 2012 for all contracts greater than seven hundred fifty thousand 20
dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred thousand dollars 21
($500,000); and on January 1, 2014 for all contracts awarded pursuant to this section. 22
(k) Preference shall be provided to bidders which possess a stated child care policy when 23
two (2) or more bidders submit equal bids and for bids on contracts of less than twenty-five 24
thousand dollars ($25,000), and for bids for occasional and temporary personal services. 25
SECTION 2. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby 26
amended by adding thereto the following section: 27
37-2-9.2. Child care declaration statement. 28
(a) The chief purchasing officer shall prepare a child care declaration statement as required 29
by § 37-2-9 in substantially the following form: 30
VENDOR CHILD CARE POLICY PROGRAM -- CHILD CARE DECLARATION 31
STATEMENT 32
The business concern listed below hereby declares the following status on the "Child Care 33
Policy" of the State of Rhode Island. It is incumbent upon the concern to notify the state of any 34
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changes applicable to this declaration. 1
Business Name Telephone No. 2
Signature Title 3
Note: A "stated child care policy" may include services and/or benefits for employees and 4
their families, including infants through school-age child care centers or family day care homes, 5
before and after school programs, day camps, services for ill children, children with special needs, 6
family leave, and more. Please refer to the attached instructions for definitions. Please check ALL 7
items on the form that apply to your business concern. 8
PART ONE 9
Does your business have a stated child care policy? 10
If YES, please attach a copy 11
PART TWO 12
Does your business provide child care assistance? 13
If YES, Please check which form(s) of assistance 14
YES NO 15
Level I Assistance 16
Subsidized company child care center; Subsidized network of child care homes 17
Child care reimbursement in addition to other benefits; Child care reimbursement in a 18
flexible benefit package; Paid parental leave 19
Purchase of spaces for employees in community child care program(s) (centers or homes) 20
Level II Assistance 21
Salary set aside; flexible spending account funded with employee salary dollars; Section 22
125 23
Child care referral services; Parenting seminars 24
Counseling on work/family issues; Start-up of a self-supporting center 25
Start-up contributions to a "consortium center" 26
Level III Assistance 27
Flexible work hours; Flex-place/work-at-home 28
Permanent; part-time; job sharing 29
Work-at-home following maternity leave; Unpaid parental leave 30
Donation to enhance child care program 31
Other (Describe) 32
I HAVE READ AND COMPLETED: 33
(Signed) 34
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Do not write below this line 1
Date Filed:_____ Expiration date: _________ 2
(b) For the purposes of this section, the following words shall have the meanings set forth 3
below as applied to the various forms of child care assistance set forth on the child care declaration 4
statement: 5
(1) "Child care referral services" means a service to employees which provides 6
information, referrals and consultation regarding local child care services such as locations, hours 7
and rates. 8
(2) "Child care reimbursement in a flexible benefit package" means a system which allows 9
employees to make individual choices among a range of benefits provided by the employer such as 10
health, dental and retirement, and child care is included as a benefit choice. 11
(3) "Child care reimbursement in addition to other benefits" means an employer helps 12
employees pay for child care expenses by reimbursing the employee or their child care provider for 13
all or part of the cost of child care; allows an employee to select the child care provider, or an 14
employer may designate providers or conditions (e.g. only reimburse licensed providers); such 15
reimbursement is provided to the employee in addition to other employee benefits. 16
(4) "Counseling on work/family issues" means a company which provides through in-17
house or contracted services, group, family or individual counseling services to support employees 18
in the resolution of work-family issues. 19
(5) "Donation to enhance child care program" means a company which has contributed 20
funds, goods, and/or services to a child care program, for the purpose of improving the quality, 21
affordability, or accessibility of said programs. 22
(6) "Flexible work hours" means that employees are allowed to make choices about work 23
schedules, with such possible options as five (5) day/forty (40) hour vs. four (4) day/forty (40) hour 24
work weeks or a flexible hour's schedule within a day; may include establishment of "core" working 25
hours during which an employee must be present at the work site. 26
(7) "Flexplace/work-at-home" means a company which offers employees the option to 27
work in their own homes; may be available part-or full-time. 28
(8) "Paid parental leave" means employees are given paid time off work due to childbirth 29
or adoption, with a guaranteed return to the same or a comparable job and seniority status. 30
(9) "Parenting seminars" means a company which offers workshops, educational 31
presentations, and related activities to provide information and support in such areas as parenting 32
skills, work-family relations, child development, and related topics; may be provided by inhouse 33
staff or by contracted service. 34
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(10) "Permanent part-time/job sharing" means a company which offers job opportunities 1
in which employees may work less than full time while retaining permanent employment status, 2
and/or two (2) employees may share a single full-time position with salary and benefits prorated 3
between the two (2) employees. 4
(11) "Purchase of services for employees in community child care programs" means a 5
company which contributes funds, goods and/or services to the child care program in the 6
community center or family day care home for the purpose of preferential consideration for use by 7
employees. 8
(12) "Salary set-aside/flexible spending account funded with employee salary dollars" 9
means an employer has set up a qualified dependent care assistance plan under IRS Sections 125 10
and 129, which allows employees to designate an amount up to five thousand dollars ($5,000) per 11
year to be set aside from their salaries to pay for dependent care; since such a salary set aside is not 12
taxed, both employee and employer receive financial benefits. 13
(13) "Start-up contributions to a consortium center" means a company which has provided 14
funds, goods and/or services to a child care center, working in cooperation to develop and support 15
a child care service available to employees of contributing companies. 16
(14) "Start-up of a self-supporting center" means a company which has provided funds, 17
goods and/or services to directly assist in the land acquisition, design, construction, renovation, 18
equipment, furnishing or other cost associated with starting a child care program; this was a one-19
time-only assistance for the start-up, with the center now operating on a self-supporting basis. 20
(15) "Subsidized company child care center" means group care for children (may range 21
from twelve (12) to three hundred (300) children), in a licensed setting such as a preschool or other 22
center, which may serve infants, toddlers, preschoolers or school-age children; the center receives 23
funds, goods and/or services from an employer which thus subsidizes part or all of the child care 24
center operating costs, and employees of the subsidizing employer may enroll dependents in this 25
center. 26
(16) "Subsidized network of child care homes" means care for up to twelve (12) children 27
in the home of a licensed caregiver; may include one home or a network of two (2) or more family 28
day care homes, which receive funds, goods and/or services from an employer who thus subsidizes 29
part or all of the home operating costs; employees of the subsidizing employer may enroll 30
dependents in this care home. 31
(17) "Unpaid parental leave" means that employees are allowed unpaid time off due to 32
childbirth or adoption, with a guaranteed return to the same or a comparable job and seniority status. 33
(18) "Work-at-home following maternity leave" means that employees are offered the 34
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option to perform their jobs at home for a period following leave for childbirth or adoption. 1
SECTION 3. This act shall take effect upon passage. 2
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- DAY CARE PROGRAMS ST ATE
PURCHASES
***
This act would provide preference to businesses which possess a stated child care policy 1
for its employees who contract with a governmental body for state purchases. 2
This act would take effect upon passage. 3
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