Rhode Island 2025 Regular Session

Rhode Island House Bill H5870 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5870
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7	7	LC002111
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES
16	16	Introduced By: Representatives Edwards, Shanley, Bennett, Phillips, Potter, Lima,
17	17	Costantino, Casey, McEntee, and Kislak
18	18	Date Introduced: February 28, 2025
19	19	Referred To: House State Government & Elections
20	20	(Dept. of Administration)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 37-2-31 of the General Laws in Chapter 37-2 entitled "State 1
24	24	Purchases" is hereby amended to read as follows: 2
25	25	37-2-31. Use of other types of contracts. 3
26	26	(a) Definitions: 4
27	27	(1) "State" means and refers to the definition in § 37-2-7. 5
28	28	(2) “Private partner” means any non-governmental entity that is a party in a public-private 6
29	29	partnership with a state agency. 7
30	30	(3) “Public-private partnership agreement” means a long-term contract between the state 8
31	31	and a private partner that develops, finances, constructs, operates, or maintains a state-owned 9
32	32	physical asset or property in which the private party bears significant risk over the long term. 10
33	33	(4) “Risk” means financial, operational, or legal uncertainty associated with the private 11
34	34	partner’s participation. 12
35	35	(5) “Value for money” means the analysis used to compare the financial impacts to the 13
36	36	agency of use of a public-private partnership delivery method against other delivery methods. This 14
37	37	process looks to determine the ideal delivery method when considering cost, quality, time, and 15
38	38	performance. 16
39	39	(6) “Project labor agreement” means a prehire collective bargaining agreement between an 17
40	40	owner and labor unions involving a specific construction project. 18
41	41	(b) Subject to the limitations of §§ 37-2-29 and 37-2-30, any type of contract which will 19
42	42
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44	44	LC002111 - Page 2 of 4
45	45	promote the best interests of the state may be used, including public-private partnership agreements. 1
46	46	(c) On or before July 1, 2026, the chief purchasing officer within the department of 2
47	47	administration shall promulgate rules for a state agency to evaluate, solicit, or enter into a public-3
48	48	private partnership agreement. The rules shall reflect the intent to promote and encourage the use 4
49	49	of public-private partnerships in the state. The chief purchasing officer shall consult with design-5
50	50	builders, progressive design-builders, construction managers, other contractors and design 6
51	51	professionals, including engineers and architects, labor organizations, and other appropriate 7
52	52	professionals during the development of the rules. 8
53	53	(d) A state agency utilizing a public-private partnership shall continue to be responsible for 9
54	54	oversight of any function that is delegated to or otherwise performed by a private partner. State 10
55	55	contracts using this method shall be awarded by a competitive procurement following the 11
56	56	provisions of chapter 2 of title 37 ("state purchases"). 12
57	57	(e) Any request for proposals for a contract utilizing a public-private partnership shall 13
58	58	include at a minimum: 14
59	59	(1) The parameters of the proposed public-private partnership agreement; 15
60	60	(2) The duties and responsibilities to be performed by the private partner or private 16
61	61	partners; 17
62	62	(3) The methods of oversight to be employed by the contracting agency; 18
63	63	(4) The duties and responsibilities that are to be performed by the contracting agency and 19
64	64	any other parties to the contract; 20
65	65	(5) The evaluation factors and the relative weight of each factor to be used in the scoring 21
66	66	of awards; 22
67	67	(6) An evaluation for the value for money conducted by a subject matter expert engaged 23
68	68	by the contracting agency that opines on whether the public-private partnership constitutes fair 24
69	69	value for the state; 25
70	70	(7) Plans for financing and operating the project and the revenues, service payments, bond 26
71	71	financings, and appropriations of public funds needed for the qualifying project and the value for 27
72	72	money analysis; 28
73	73	(8) Comprehensive documentation of the experience, capabilities, capitalization and 29
74	74	financial condition, and other relevant qualifications of the private entity submitting the proposal; 30
75	75	(9) All contracts must adhere to §§ 37-13-11 and 37-2-59, and other requirements of 31
76	76	contracting for construction projects when state funds are being deployed; 32
77	77	(10) Construction project contracts may include a project labor agreement as appropriate; 33
78	78	and 34
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82	82	(11) Other information required by the contracting agency to evaluate the proposals 1
83	83	submitted and the overall proposed public-private partnership. 2
84	84	(f) A private entity desiring to be a private partner shall demonstrate to the satisfaction of 3
85	85	the contracting agency that it is capable of performing any duty, responsibility, or function it may 4
86	86	be authorized or directed to perform as a term or condition of the public-private partnership 5
87	87	agreement. 6
88	88	(g) Any public-private partnership agreement is subject to the provisions of the 7
89	89	privatization of state services act as stated in chapter 148 of title 42 as appropriate. 8
90	90	SECTION 2. This act shall take effect upon passage. 9
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92	92	LC002111
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES
102	102	***
103	103	This act would define public-private partnerships and provide the framework to encourage 1
104	104	the use of public-private partnerships for proposals for state purchases. 2
105	105	This act would take effect upon passage. 3
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107	107	LC002111
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