Rhode Island § 37-27-2 - Rhode Island Anti-Bid-Rigging Act

§ 37-27-2. Definitions.

For the purposes of this chapter, unless the context clearly requires otherwise:

(1) “Bid rigging” means an intentional and concerted activity of two (2) or more persons to predetermine the winning bidder of a contract proposed, offered, or otherwise submitted for competitive bidding by a government entity including, but not limited to, a contract proposed, offered, or otherwise submitted for competitive bidding in violation of processes set forth pursuant to law, regulation, or ordinance, including, but not limited to, procurement processes established pursuant to chapter 2 of this title or chapter 55 of title 45, or regulations promulgated thereto:

(i) “Bid rigging” includes, but is not limited to, any one or more of the following:

(A) Price fixing;

(B) Submitting identical bids;

(C) Rotating bids;

(D) Sharing profits with a contractor who does not submit the low bid;

(E) Submitting prearranged bids, agreed-upon higher or lower bids, or other complementary bids;

(F) Dividing up territories to restrict competition; and/or

(G) Not submitting a bid;

(ii) Notwithstanding other provisions of this chapter, it is not unlawful for the same person to simultaneously submit bids for the same work, or a portion thereof, as a proposed prime contractor and subcontractor.

(2) “Debarment” means the exclusion from all state procurements and termination of existing or outstanding contracts.

(3) “Government entity” means any department, commission, council, board, bureau, committee, institution, legislative body, agency, or government corporation of the executive, legislative, or judicial branches of state, and/or local governments including, but not limited to, those entities defined in § 37-2-7 relating to state governmental entities, public agencies, state agencies, and governmental entities.

(4) “Person” means an individual or a firm, association, organization, business trust, company, corporation, joint venture, partnership, proprietorship, or other business entity, whether or not for profit, and any government or public entity.

(5) “Prime contractor” means any person who has entered into a public contract.