§ 37-2.3-3 - Definitions. - Rhode Island Statutes

SECTION 37-2.3-3

   § 37-2.3-3  Definitions. – As used in this chapter, the following terms shall have the following meanings:

   (1) "Agency" includes any executive office, department,division, board, commission, or other office or officer in the executive branchof the government.

   (2) "Private contractor employee" includes a worker directlyemployed by a private contractor, as defined in this section, as well as anemployee of a subcontractor or an independent contractor that provides suppliesor services to a private contractor.

   (3) "Services" includes, with respect to a privatecontractor, all aspects of the provision of services provided by a privatecontractor pursuant to a privatization contract, or any services provided by asubcontractor of a private contractor.

   (4) "Person" includes an individual, institution, federal,state, or local governmental entity, or any other public or private entity.

   (5) "Privatization or privatization contract" means anagreement or combination or series of agreements by which a non-governmentalperson or entity agrees with an agency to provide services expected to resultin a fiscal year expenditure of at least one hundred fifty thousand dollars($150,000) (as of July 1 each year, the amount shall increase to reflectincreases in the consumer price index calculated by the United States Bureau ofLabor Statistics for all urban consumers nationally during the most recenttwelve (12) month period for which data are available or more), which wouldcontract services which are substantially similar to and in replacement of worknormally performed by an employee of an agency as of June 30, 2007.

   "Privatization" or "privatization contract" excludes:

   (i) Contracts resulting from an emergency procurement;

   (ii) Contracts with a term of one hundred eighty (180) daysor less on a non-recurring basis;

   (iii) Contracts to provide highly specialized or technicalservices not normally provided by state employees;

   (iv) Any subsequent contract which: (a) renews or rebids aprior privatization contract which existed before June 30, 2007; or (b) renewsor rebids a privatization contract that was subject to the provisions of thisstatute after its enactment; and

   (v) An agreement to provide legal services or managementconsulting services.

   (6) "Privatization contractor" is any contractor, consultant,subcontractor, independent contractor or private business owner that contractswith a state agency to perform services in accordance with the definition of a"privatizaton contract."