AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES (Prohibits state agencies from entering into software contracts that limit the agency's ability to install or run the software of the agency's choosing on their hardware.)

S2445

2026 -- S 2445
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LC004625
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

Introduced By:
Senators DiPalma, Felag, Gallo, Tikoian, and Ciccone

Date Introduced:
February 06, 2026

Referred To:
Senate Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State
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Purchases" is hereby amended to read as follows:
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37-2-7. Definitions.
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The words defined in this section have the meanings set forth below whenever they appear
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in this chapter, unless the context in which they are used clearly requires a different meaning or a
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different definition is prescribed for a particular section, group of sections, or provision:
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(1) “Business” means any corporation, partnership, individual, sole proprietorship, joint
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stock company, joint venture, or any other legal entity through which business is conducted.
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(2) “Change order” means a written authorization signed by the purchasing agent directing
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or allowing the contractor to proceed with changes, alterations, or modifications to the terms,
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conditions, or scope of work on a previously awarded contract.
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(3) “Chief purchasing officer” shall mean: (i) For a state agency, the director of the
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department of administration, and (ii) For a public agency, the executive director or the chief
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operational officer of the agency.
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(4) “Construction” means the process of building, altering, repairing, improving, or
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demolishing any public structures or building, or other public improvements of any kind to any
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public real property. It does not include the routine maintenance or repair of existing structures,
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buildings, or real property performed by salaried employees of the state of Rhode Island in the
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usual course of their jobs.

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(5) “Contract” means all types of agreements, including grants and orders, for the purchase
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or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a
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fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of
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job or task orders; leases; letter contracts; purchase orders; and construction management contracts.
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It also includes supplemental agreements with respect to any of the foregoing. “Contract” does not
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include labor contracts with employees of state agencies.
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(6) “Contract amendment” means any written alteration in the specifications, delivery
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point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing
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contract, whether accomplished by unilateral action in accordance with a contract provision, or by
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mutual action of the parties to the contract. It includes bilateral actions, such as supplemental
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agreements, and unilateral actions, such as change orders, administrative changes, notices of
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termination, and notices of the exercise of a contract option.
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(7) “Contractor” means any person having a contract with a governmental body.
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(8) “Data” means recorded information, regardless of form or characteristic.
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(9) “Designee” means a duly authorized representative of a person holding a superior
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position.
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(10) “Employee” means an individual drawing a salary from a state governmental entity.
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(11) “State governmental entity” means any entity created as a legislative body or a public
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or state agency by the general assembly or constitution of this state, except for municipal, regional,
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or county governmental entities.
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(12) “May” means permissive.
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(13) “Negotiation” means contracting by either the method set forth in § 37-2-19, 37-2-20,
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or 37-2-21.
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(14) “Person” means any business, individual, organization, or group of individuals.
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(15) “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining
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of any supplies, services, or construction. It also includes all functions that pertain to the obtaining
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of any supply, service, or construction item, including a description of requirements, selection and
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solicitation of sources, preparation, and award of contract, and all phases of contract administration.
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(16) “Public agency” shall mean the Rhode Island industrial recreational building
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authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities
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corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage
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finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public
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transit authority, the Rhode Island student loan authority, the Howard development corporation,
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the water resources board corporate, the Rhode Island health and education building corporation,

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the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the
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Narragansett Bay water quality management district commission, the Rhode Island
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telecommunications authority, the convention center authority, the Channel 36 foundation, the
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Rhode Island lottery commission their successors and assigns, any other body corporate and politic
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which has been or will be created or established within this state excepting cities and towns, the
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university of Rhode Island board of trustees for all purchases that are funded by restricted,
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sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that
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are funded by restricted, sponsored, or auxiliary monies.
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(17) “Purchase request” or “purchase requisition” means that document whereby a using
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agency requests that a contract be entered into to obtain goods and/or services for a specified need,
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and may include, but is not limited to, the technical description of the requested item, delivery
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requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation
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of suggested sources of supply, and information supplied for the making of any written
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determination and finding required by § 37-2-6.
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(18) “Purchasing agency” means any state governmental entity which is authorized by this
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chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to
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contract on its own behalf rather than through the central contracting authority of the chief
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purchasing officer.
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(19) “Purchasing agent” means any person authorized by a governmental entity in
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accordance with procedures prescribed by regulations, to enter into and administer contracts and
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make written determinations and findings with respect to contracts. The term also includes an
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authorized representative acting within the limits of authority. “Purchasing agent” also means the
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person appointed in accordance with § 37-2-1.
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(20) “Services” means the rendering, by a contractor, of its time and effort rather than the
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furnishing of a specific end product, other than reports that are merely incidental to the required
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performance of services. “Services” does not include labor contracts with employees of state
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agencies.
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(21) “Shall” means imperative.
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(22) “State” means the state of Rhode Island and any of its departments or agencies and
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public agencies.
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(23) “Supplemental agreement” means any contract modification which is accomplished
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by the mutual action of the parties.
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(24) “Supplies” means all property, including, but not limited to, leases of real property,
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printing, and insurance, except land or permanent interest in land.

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(25) “Using agency” means any state governmental entity which utilizes any supplies,
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services, or construction purchased under this chapter.
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(26) As used in § 37-2-59, “architect” or “engineer” services means those professional
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services within the scope of practice of architecture, professional engineering, or registered land
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surveying pertaining to construction, as defined by the laws of this state. “Consultant” means any
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person with whom the state and/or a public agency has a contract which contract provides for the
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person to give direction or information as regards a particular area of knowledge in which the
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person is a specialist and/or has expertise.
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(27) For purposes of §§ 37-2-62 — 37-2-70, “directors” means those members of a public
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agency appointed pursuant to a statute who comprise the governing authority of the board,
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commission, authority, and/or corporation.
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(28) “State agency” means any department, commission, council, board, bureau,
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committee, institution, or other governmental entity of the executive or judicial branch of this state
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not otherwise established as a body corporate and politic, and includes, without limitation, the
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council on postsecondary education except for purchases which are funded by restricted, sponsored,
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or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which
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are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and
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secondary education.
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(29) “Governmental entity” means any department, commission, council, board, bureau,
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committee, institution, legislative body, agency, or government corporation of the executive,
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legislative, or judicial branches of state, federal, and/or local governments.
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(30) “Construction management at-risk” or “construction management at-risk services” or
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“construction management at-risk delivery method” is a construction method wherein a
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construction manager at-risk provides a range of preconstruction services and construction
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management services which may include cost estimation and consultation regarding the design of
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the building project, the preparation and coordination of bid packages, scheduling, cost control, and
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value engineering, acting as the general contractor during the construction, detailing the trade
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contractor scope of work, holding the trade contracts and other contracts, evaluating trade
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contractors and subcontractors, and providing management and construction services, all at a
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guaranteed maximum price, which shall represent the maximum amount to be paid by the using
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agency for the building project, including the cost of work, the general conditions, and the fee
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payable to the construction management at-risk firm.
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(31) “Construction manager at-risk” or “construction management at-risk firm” is a person
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or business experienced in construction that has the ability to evaluate and to implement drawings

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and specifications as they affect time, cost and quality of construction and the ability to coordinate
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and deliver the construction of the project within a guaranteed maximum price, which shall
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represent the maximum amount to be paid by the using agency for the building project, including
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the cost of the work, the general conditions, and the fee payable to the construction management
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at-risk firm. The construction manager at-risk provides consultation services during the
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preconstruction and construction phases of the project. The project engineer, architect, or owner’s
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program manager may not serve as the construction manager at-risk.
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(32) “Owner’s program manager” shall be an entity engaged to provide project
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management services on behalf of a state agency for the construction and supervision of the
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construction of a building project. The owner’s program manager acts as the owner’s agent in all
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aspects of the construction project, including, but not limited to, architectural programming,
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planning, design, construction, and the selection and procurement of an appropriate construction
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delivery method. The owner’s program manager shall have at least seven (7) years’ experience in
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the construction and supervision of construction of buildings of similar size and complexity. The
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owner’s program manager shall not have been employed during the preceding year by the design
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firm, the construction firm, and/or the subcontractors associated with the project.
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(33) State software application purchases” means all types of agreements, including grants
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and orders, for the purchase or disposal of supplies, services, construction, or any other item,
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entered into by a state agency the cost or price of which is to be paid, in whole or in part, with or
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out of state funds. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or
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incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts;
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purchase orders; and construction management contracts. It also includes supplemental agreements
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with respect to any of the foregoing documents.
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SECTION 2. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby
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amended by adding thereto the following section:
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37-2-83. Prohibiting state agencies from entering into contracts limiting ability to
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install or run certain software.
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A state contract for the licensing of software applications, which are intended to be installed
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by a state agency and designed to run on generally available desktop or server hardware, shall not
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limit a state agency's ability to install or run the software on the hardware of the state agency's
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choosing.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES
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This act would prohibit state agencies from entering into software contracts that limit the
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agency's ability to install or run the software of the agency's choosing on their hardware.
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This act would take effect upon passage.
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