§ 37-2-7 - Definitions.
SECTION 37-2-7
§ 37-2-7 Definitions. – The words defined in this section have the meanings set forth below wheneverthey appear in this chapter, unless the context in which they are used clearlyrequires a different meaning or a different definition is prescribed for aparticular section, group of sections, or provision:
(1) "Business" means any corporation, partnership,individual, sole proprietorship, joint stock company, joint venture, or anyother legal entity through which business is conducted.
(2) "Change order" means a written order signed by thepurchasing agent or contractor directing or allowing the contractor to makechanges which the changes clause of the contract authorizes the purchasingagent or contractor to order without the consent of the contractor orpurchasing agent.
(3) "Chief purchasing officer" shall mean: (i) for a stateagency, the director of the department of administration, and (ii) for a publicagency, the executive director or the chief operational officer of the agency.
(4) "Construction" means the process of building, altering,repairing, improving, or demolishing any public structures or building, orother public improvements of any kind to any public real property. It does notinclude the routine maintenance or repair of existing structures, buildings, orreal property performed by salaried employees of the state of Rhode Island inthe usual course of their jobs.
(5) "Contract" means all types of agreements, includinggrants and orders, for the purchase or disposal of supplies, services,construction, or any other item. It includes awards; contracts of afixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contractsproviding for the issuance of job or task orders; leases; letter contracts;purchase orders; and construction management contracts. It also includessupplemental agreements with respect to any of the foregoing. "Contract" doesnot include labor contracts with employees of state agencies.
(6) "Contract amendment" means any written alteration in thespecifications, delivery point, rate of delivery, contract period, price,quantity, or other contract provisions of any existing contract, whetheraccomplished by unilateral action in accordance with a contract provision, orby mutual action of the parties to the contract. It includes bilateral actions,such as supplemental agreements, and unilateral actions, such as change orders,administrative changes, notices of termination, and notices of the exercise ofa contract option.
(7) "Contractor" means any person having a contract with agovernmental body.
(8) "Data" means recorded information, regardless of form orcharacteristic.
(9) "Designee" means a duly authorized representative of aperson holding a superior position.
(10) "Employee" means an individual drawing a salary from astate governmental entity.
(11) "State governmental entity" means any entity created asa legislative body or a public or state agency by the general assembly orconstitution of this state, except for municipal, regional, or countygovernmental entities.
(12) "May" means permissive.
(13) "Negotiation" means contracting by either the method setforth in § 37-2-19, 37-2-20, or 37-2-21.
(14) "Person" means any business, individual, organization,or group of individuals.
(15) "Procurement" means the purchasing, buying, renting,leasing, or otherwise obtaining of any supplies, services, or construction. Italso includes all functions that pertain to the obtaining of any supply,service, or construction item, including a description of requirements,selection and solicitation of sources, preparation, and award of contract, andall phases of contract administration.
(16) "Public agency" shall mean the Rhode Island industrialrecreational building authority, the Rhode Island economic developmentcorporation, the Rhode Island industrial facilities corporation, the RhodeIsland refunding bond authority, the Rhode Island housing and mortgage financecorporation, the Rhode Island resource recovery corporation, the Rhode Islandpublic transit authority, the Rhode Island student loan authority, the Howarddevelopment corporation, the water resources board corporate, the Rhode Islandhealth and education building corporation, the Rhode Island higher educationassistance authority, the Rhode Island turnpike and bridge authority, theBlackstone Valley district commission, the Narragansett Bay water qualitymanagement district commission, the Rhode Island telecommunications authority,the convention center authority, the Channel 36 foundation, the Rhode Islandlottery commission their successors and assigns, any other body corporate andpolitic which has been or will be created or established within this stateexcepting cities and towns, and the board of governors for higher education forall purchases which are funded by restricted, sponsored, or auxiliary monies.
(17) "Purchase request" or "purchase requisition" means thatdocument whereby a using agency requests that a contract be entered into toobtain goods and/or services for a specified need, and may include, but is notlimited to, the technical description of the requested item, deliveryrequirements, transportation mode request, criteria for evaluation ofproposals, and/or preparation of suggested sources of supply, and informationsupplied for the making of any written determination and finding required by§ 37-2-6.
(18) "Purchasing agency" means any state governmental entitywhich is authorized by this chapter, its implementing regulations, or by way ofdelegation from the chief purchasing officer to contract on its own behalfrather than through the central contracting authority of the chief purchasingofficer.
(19) "Purchasing agent" means any person authorized by agovernmental entity in accordance with procedures prescribed by regulations, toenter into and administer contracts and make written determinations andfindings with respect to contracts. The term also includes an authorizedrepresentative acting within the limits of authority. "Purchasing agent" alsomeans the person appointed in accordance with § 37-2-1.
(20) "Services" means the rendering, by a contractor, of itstime and effort rather than the furnishing of a specific end product, otherthan reports which are merely incidental to the required performance ofservices. "Services" does not include labor contracts with employees of stateagencies.
(21) "Shall" means imperative.
(22) "State" means the state of Rhode Island and any of itsdepartments or agencies and public agencies.
(23) "Supplemental agreement" means any contract modificationwhich is accomplished by the mutual action of the parties.
(24) "Supplies" means all property, including, but notlimited to, leases of real property, printing, and insurance, except land orpermanent interest in land.
(25) "Using agency" means any state governmental entity whichutilizes any supplies, services, or construction purchased under this chapter.
(26) As used in § 37-2-59, "architect" or "engineer"services means those professional services within the scope of practice ofarchitecture, professional engineering, or registered land surveying pertainingto construction, as defined by the laws of this state. "Consultant" means anyperson with whom the state and/or a public agency has a contract which contractprovides for the person to give direction or information as regards aparticular area of knowledge in which the person is a specialist and/or hasexpertise.
(27) For purposes of §§ 37-2-62 – 37-2-70,"directors" means those members of a public agency appointed pursuant to astatute who comprise the governing authority of the board, commission,authority, and/or corporation.
(28) "State agency" means any department, commission,council, board, bureau, committee, institution, or other governmental entity ofthe executive or judicial branch of this state not otherwise established as abody corporate and politic, and includes, without limitation, the board ofgovernors for higher education except for purchases which are funded byrestricted, sponsored, or auxiliary moneys and the board of regents forelementary and secondary education.
(29) "Governmental entity" means any department, commission,council, board, bureau, committee, institution, legislative body, agency, orgovernment corporation of the executive, legislative, or judicial branches ofstate, federal, and/or local governments.