The proposed bill establishes the Rhode Island Anti-Bid-Rigging Act, which aims to prohibit and penalize bid rigging in government contracts. It defines bid rigging as the intentional and concerted activity of two or more persons to predetermine the winning bidder for contracts submitted for competitive bidding by government entities. The act outlines various forms of bid rigging, including price fixing, submitting identical bids, rotating bids, sharing profits with non-low bidders, submitting prearranged bids, dividing up territories to restrict competition, and not submitting a bid. It clarifies that it is not unlawful for the same person to simultaneously submit bids as both a prime contractor and subcontractor.
The act also makes it unlawful for public officials to knowingly and willfully convey information outside of official procurement processes that could improperly influence the acceptance of bids or offers. Additionally, it prohibits public officials from taking actions to deliberately and improperly influence contract awards in favor of specific bidders.
Penalties for violations of the act include felony charges punishable by imprisonment of up to three years and fines of up to one million dollars or three times the value of the submitted award or bid, whichever is greater. The act provides that violations must be prosecuted within three years of the alleged act. It also states that following established procedures does not constitute a violation, and public officials may provide copies of transcripts or summaries of pre-bid conferences if made generally available to the public.
Furthermore, the act includes provisions for debarment, stating that any vendor found in violation will be excluded from state procurements and may face a debarment period of up to five years. Government entities are required to maintain a current list of individuals excluded from participation in contracts due to debarment. The act emphasizes the importance of transparency and integrity in the procurement process and is set to take effect upon passage.