820 R.I. Code R. § 820-RICR-00-00-1.3 - Remedies

Current through December, 23, 2021

1.3.1 Resolution of Protested Solicitation and Award
A. Any actual or prospective bidder, offer or, or vendor who is aggrieved in connection with the solicitation or award of any contract may file a protest with the Corporation. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.
B. The Corporation shall promptly issue a decision in writing regarding such protest. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.
C. In the event a protest is filed in a timely manner under this Section, the Corporation shall not proceed further with the solicitation or award which is the subject of the protest or until it has issued a decision on the protest, or determined that continuation of the procurement is necessary to protect a substantial interest of the Corporation.
1.3.2 Debarment and Suspension
A. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Corporation may debar a person for cause from consideration for award of contracts contemplated by these Rules. The debarment shall not be for a period of more than three (3) years. The Corporation may suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three (3) months.
B. The causes for a debarment or suspension include the following:
1. conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contractor subcontract;
2. conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a contractor with the Corporation;
3. conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
4. violation of contract provisions, as set forth below, of a character which is regarded by the Corporation to be so serious as to justify debarment action:
a. deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
b. a recent record of failure to perform or of an unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or
5. any other cause the Corporation determines to be so serious and compelling as to affect responsibility as a contractor, including debarment by a governmental entity.
C. The Corporation shall issue a written decision to debar or suspend. The decision shall:
1. state the reasons for the action taken; and
2. inform the debarred or suspended person involved of its rights to judicial review.
D. A copy of the decision under § 1.3.2(C) of this Part shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening.
1.3.3 Resolution of Contract Disputes.

If any claim or controversy arising under contracts to which these Rules apply is not resolved by mutual agreement, the Corporation shall promptly issue a decision in writing regarding the subject matter of such claim or controversy. A copy of that decision shall be mailed or otherwise furnished to the contractor. If the Corporation does not issue a written decision within thirty (30) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received from the Corporation in accordance with R.I. Gen. Laws § 37-2-47.

Notes

820 R.I. Code R. § 820-RICR-00-00-1.3
Amanded effective November 2, 2018
Amended effective March 16, 2020

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