§ 42-11.1-1. Policy. Firms and organizations that do business with the state expect and deserve to be paid in a prompt and timely manner. Unjustified delays in paying vendors, construction contractors, and providers of service may discourage such firms and organizations from doing business with the state and may ultimately increase the costs to the […]
§ 42-11.1-10. Acceptance of payment. The acceptance of payment, in whole or in part, by a contractor shall not be deemed to constitute a waiver of interest otherwise due under the provisions of this chapter. History of Section.P.L. 1987, ch. 73, § 1.
§ 42-11.1-11. Chapter to control — Contractual waiver void. No contract entered into after January 1, 1988 shall contain any provision requiring the payment of interest in a manner inconsistent with this chapter, and any provision contained in the contract which waives the right to the payment of interest is hereby declared to be contrary […]
§ 42-11.1-12. Judicial review. Any determination made by a state agency according to § 42-11.1-5(d) shall be subject to judicial review in a proceeding according to the procedures outlined in the Administrative Procedures Act, chapter 35 of this title. The proceedings shall only be commenced in the absence, or upon completion, of other review procedures […]
§ 42-11.1-13. Court actions or other legal processes. (a) Notwithstanding any other provision of law to the contrary, the liability of the state government, insofar as incurring an obligation to make an interest payment to a contractor under the terms of this chapter is concerned, shall not extend beyond the date of a notice of […]
§ 42-11.1-14. Inapplicability of chapter. (a) The provisions of this chapter shall not apply to payments due and owing by the state: (1) Under the eminent domain procedure law, chapter 6 of title 37; (2) As interest allowed on judgments rendered by a court according to any provision of law other than those provisions contained […]
§ 42-11.1-15. Quarterly reports of late payments and interest. The department of administration shall file quarterly reports with the governor and general treasurer. Included in the report shall be: (a) The date and dollar amount of late payments by state and agency; and (b) The amount of interest paid. History of Section.P.L. 1987, ch. 73, […]
§ 42-11.1-16. Partial payment — Certificate of continuance. (a) A nonprofit provider who provides services to a state agency pursuant to an existing contract shall notify the state agency ninety (90) days prior to the termination of the existing contract of its (the nonprofit provider’s) intent to enter into a new contract with the state […]
§ 42-11.1-2. Definitions. As used in this chapter, the following terms shall have the following meanings unless otherwise specified: (1) “Contract” means an enforceable agreement entered into by a contractor and a state agency. (2) “Contractor” means any person, partnership, firm, corporation, or association: (i) Selling materials, equipment, or supplies or leasing property or equipment […]
§ 42-11.1-3. Time period for payment. (a) All bills shall be paid within thirty (30) working days of receipt of a proper invoice or other contractual dates for periodic payments, except when a contractor has failed to submit a bill in accordance with contractually imposed time frames. (b) Each contractor shall make payment to subcontractors […]
§ 42-11.1-4. Partial payment. Partial payments shall be made by the state on partial deliveries or partial completion of services in accordance with the contract. Each completed delivery or service must be paid in accordance with the provisions of § 42-11.1-3. History of Section.P.L. 1987, ch. 73, § 1.
§ 42-11.1-5. Determination of eligibility for payment of interest. (a) Each state agency which is required to make a payment from state funds according to a contract and which does not make the contract payment by the required payment date shall make an interest payment to the contractor in accordance with this chapter on the […]
§ 42-11.1-6. Computation of interest payment. (a) Interest payments on amounts due to a contractor according to this chapter shall be paid to the contractor for the period beginning on the date after the required payment date and ending on the day a proper invoice was approved for payment by the controller’s office. (b) Each […]
§ 42-11.1-7. Determination of appropriations for interest payments. Except in situations when federal law or other provisions of this chapter require otherwise, an interest payment required by this chapter shall be paid from the same appropriation as that from which the related proper invoice is paid, provided, however, that the interest payment shall not reduce […]
§ 42-11.1-8. Exclusion of interest from reimbursement rates. Any interest paid to a contractor under the provisions of this chapter shall not be included as revenue for the purposes of determining any reimbursement rates applicable to the contractor. History of Section.P.L. 1987, ch. 73, § 1.
§ 42-11.1-9. Disclaimer of state responsibility for interest payments incurred by contractors. In the event that an interest payment is made by or incurred by a contractor in the course of transacting business with any entity other than a state agency, the interest shall not be an obligation of the state and the state shall […]
