Rhode Island § 45-55-4 - Award of Municipal Contracts

§ 45-55-4. Definitions.

The words defined in this section have the following meanings whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.

(1) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

(2) “Change order” means a written order signed by the purchasing agent, or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.

(3) “Construction” means the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the municipality in the usual course of their job.

(4) “Contract” means all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts, purchase orders, and construction management contracts. It also includes supplemental agreements with respect to any of the preceding. “Contract” does not include labor contracts with employees of the municipality.

(5) “Contract modification” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes bilateral actions, as supplemental agreements, and unilateral actions, as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

(6) “Contractor” means any person having a contract with a municipality.

(8) “Data” means recorded information, regardless of form or characteristic.

(8) “Designee” means a duly authorized representative of a person holding a superior position.

(9) “Employee” means an individual drawing a salary from a municipality, whether elected or not, and any nonsalaried individual performing personal services for any municipality.

(10) “May” means permissive.

(11) “Municipality” means the individual cities and towns of the state of Rhode Island.

(12) “Negotiation” means contracting by either of the methods described in §§ 45-55-6, 45-55-7, and 45-55-8.

(13) “Person” means any business, individual, organization, or group of individuals.

(14) “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(15) “Purchasing officer” means the person designated in each municipality or quasi public agency pursuant to section 45-55-3.

(16) “Regulations” means rules and regulations adopted by the individual cities or towns, concerning the implementation of the provisions of this chapter.

(17) “Services” means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. “Services” does not include labor contracts with employees of governmental agencies.

(18) “Shall” means imperative.

(19) “Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties.

(20) “Supplies” means all property, including, but not limited, to leases of real property, printing and insurance, except land or permanent interest in land.