A. R.I. Gen. Laws § 45-38.1-5(9) gives the Corporation the authority to employ architects, engineers and consultants.
B. The purpose of these rules (Rules) is to comply with the requirements of R.I. Gen. Laws Chapter 37-2 (State Purchasing Statute) in connection with the procurement of architectural, engineering and consulting services by the Corporation.
For purposes of this Part, unless otherwise specified, all terms shall have the meanings ascribed in the State Procurement Law, R.I. Gen. Laws Chapter 37-2.
1. "Consultant" means any person engaged to give direction or information regarding a particular area of knowledge in which the person is a specialist and/or has expertise. For purposes of these Rules, the term "Consultant" shall include, but not be limited to, any financial advisor or underwriter engaged by the Corporation. Provided, however, that due to the unique nature of the underwriter selection process (including, without being limited to, the desire to permit the borrowing institution input on such selection), specific rules, set forth in § 1.2.8 of this Part and following, have been adopted for the selection of underwriters.
Application of Rules
A. These Rules shall apply to all of the Corporation's expenditures of funds under a contract for architectural, engineering and consultant services, except contracts or similar business arrangements between the Corporation and the State, contracts between the Corporation and political subdivisions of the State or between the Corporation and other governments.
B. Nothing in these Rules shall prevent the Corporation from complying with the terms and conditions of any grant, gift, bequest or agreement.
C. The provisions of these Rules shall be considered to be incorporated in all applicable contracts of the Corporation.
Procurement Responsibilities of the Corporation
Pursuant to R.I. Gen. Laws § 45-38.1-4(b), all of the powers of the Corporation are vested in the Board of Directors of the Corporation. Therefore, for purposes of these Rules, the Board of Directors shall have all of the authority of the chief purchasing officer of the Corporation. Provided, however, the Board of Directors may distribute certain procurement activities and functions to various members of the Board of Directors, the Executive Director, employees or the professional advisers of the Corporation, provided, however, that the Board of Directors retains ultimate decision making authority over procurements, as further described in this Part.
Public Access to Procurement Records
Except as otherwise provided for herein, all procurement records of the Corporation shall be public records to the extent provided in the "Procedure to Request Public Records" (Part 2 of this Subchapter) and shall be available to the public as provided in such Rules.
Procurement Decisions of the Corporation
Every determination required by these Rules shall be in writing and based upon written findings of fact by the Corporation. These determinations and written findings shall be retained in an official contract file in the offices of the Corporation.