880-RICR — Quonset Development Corporation

Chapter 00

Subchapter 00

880-RICR-00-00-01 Principles and Policies of the Quonset Development Corporation for the Procurement of Supplies and Services

880-RICR-00-00-01 § 1.1 Purpose

The purpose of these rules (the “Rules”) is to comply with the principles, policies and practices the State Purchases Act, R.I. Gen. Laws Chapter 37-2, and to set forth procedures to ensure fair and equitable treatment of all persons who deal with the Corporation’s procurement system, increase economy in the Corporation’s procurement activities by fostering effective competition, and to provide safeguards for the maintenance of a procurement system for the Corporation of quality, integrity and the highest ethical standards.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.2 Authority

The Corporation shall have and may exercise all general powers set forth in R.I. Gen. Laws § 42-64.10-5, necessary or convenient to effect its purposes, which include the power to acquire and to dispose of real property, without the necessity of obtaining the approval of the state properties committee or otherwise complying with the provisions of the State Purchases Act.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.3 Definitions

A.The words defined in this section shall have the meanings set forth below wherever they appear in these Rules, unless the context in which they are used clearly requires a different meaning.

1.“Change order” means a written order signed by the Chief Purchasing Officer directing the contractor to make changes which the changes clause of the contract authorizes the Chief Purchasing Officer to order without the consent of the contractor.

2.“Chief Purchasing Officer” means the Managing Director of the Corporation acting with the consent of the Corporation or their designee.

“Contract” means all types of agreements, including orders, for the purchase or disposal of supplies and services. It shall include awards; contracts of a fixed-price, cost, cost-plus-a fixed fee, or incentive type contract; contracts providing for the issuance of job or task orders; equipment leases; letter contracts and purchase orders. “Contract” shall include supplemental agreements with respect to any of the foregoing. “Contract” does not include any labor contract with employees of the Corporation.

4.“Contract modification” means any written alteration, amendment, or change-order in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

5.“Contractor” means any person who is a party to a contract with the Corporation.

6.“Corporation” means the Quonset Development Corporation.

7.“Department of Administration” means the Department of Administration of the State of Rhode Island.

8.“Equal Opportunity Office” means the equal opportunity office of the Department of Administration of the State of Rhode Island.

9.“Established catalogue price” means the price included in the most current catalogue, price list, schedule, or other form that: Is regularly maintained by the manufacturer or vendor of an item; and Is either published or otherwise available for inspection by customers; and States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item; and States prices which are obtained from the most recent industry-wide publications and informational journals, if any.

10.“Evaluated bid price” means the dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.

11.“Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 1.6.2(B) of this Part.

12.“Negotiation” means contracting by any of the methods set forth in §§ 1.6.3, 1.6.4, or 1.6.5 of this Part.

13.“Office of the Corporation” means 95 Cripe Street, North Kingstown, Rhode Island, or such other principal office of the Corporation as the Corporation may from time to time determine.

14.“Person” means any business, individual, organization, or group of individuals.

15.“Procurement” means the purchasing, buying, renting, leasing (excluding the leasing of real property or improvements), or otherwise obtaining of any supplies, services, or construction. It shall also include all functions that pertain to the obtaining of any supply, service or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

16.“Purchasing agent” means any person authorized by the Corporation to enter into and administer contracts and make written determinations and findings with respect to contracts.

17.“Request for proposals” means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in §§ 1.6.3, 1.6.4, or 1.6.5 of this Part.

18.“Responsible bidder or offeror” means a qualified bidder who has the capability in all respects, including professional competence and the financial responsibility, to perform fully the contract requirements, and the integrity and reliability of which will assure good faith performance.

19.“Responsive bidder” means a person who has submitted a bid or proposal which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract. A bidder who submits a bid based on alternative specifications to those contained in the invitation to bid will be responsive only if, in the judgment of the Chief Purchasing Officer, the alternative specifications meet the performance objectives of the Corporation with respect to the item or service to be purchased and the invitation to bid states that alternative specifications will be considered.

20.“Services” means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. “Services” does not include labor contracts with employees of state agencies.

21.“State” means the State of Rhode Island and any of its departments or agencies and public agencies.

22.“Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties.

23.“Supplies” means all personal property (specifically excluding leases of real property), printing and insurance, and excluding land or improvements or permanent interest in land or improvements.

24.“Written quotation” means any document that details the price of supplies and/or services being procured, which shall include, at minimum, the name of the company issuing the quotation, the date it was provided, the description of the supply and/or service and the validity period or terms of service, if any; examples of written quotations may include online pricing, email correspondence, etc.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.4 Application of Rules

A.These Rules shall apply to all expenditures of funds by the Corporation under a contract, except:

1.with respect to the acquisition, disposal, leasing, financing, and operation of real property and improvements,

2.with respect to contracts between the Corporation and the State and contracts between the Corporation and political subdivisions of the State or other governments, and

3.as otherwise provided by law.

B.Nothing in these Rules shall prevent the Corporation from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement except where such terms and conditions may conflict with requirements of law. The provisions of these Rules shall be considered to be incorporated in all contracts of the Corporation to which they apply.

C.In addition, competitive bids shall not be required:

1.For contractual services where no competition exists such as sewage treatment, water, and other public utility services;

2.When, in the judgment of the Chief Purchasing Officer, food, clothing, equipment, supplies, or other materials to be used in laboratory and experimental studies can be purchased otherwise to the best advantage of the state;

3.When instructional materials are available from only one source;

4.Where rates are fixed by law or ordinance;

5.For library books;

6.For commercial items that are purchased for resale;

7.For professional, technical, or artistic services, which shall be procured pursuant to the provisions §§ 1.12 and 1.13 of this Part;

8.For all other commodities, equipment, and services which, in the reasonable discretion of the Chief Purchasing Officer, are available from only one source;

9.For interests in real property.

10.For works of art for museum and public display;

11.For published books, maps, periodicals, newspaper or journal subscriptions, and technical pamphlets;

12.For licenses for use of proprietary or patented systems;

13.For services of visiting speakers, professors, performing artists, and expert witnesses; and

14.For the acquisition of pre-owned motor vehicles and equipment.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.5 Procurement Decisions of the Corporation

Every determination required by these Rules shall be in writing and based upon written findings of fact by the Corporation. These determinations and written findings shall be retained in an official contract file in the Office of the Corporation pursuant to the records retention policies adopted by the Corporation from time to time.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.6 Source Selection

1.6.1Methods of Source Selection

A.Except as otherwise authorized by law or by Rule of the Corporation, all contracts of the Corporation shall be awarded by:

1.Competitive sealed bidding, pursuant to § 1.6.2 of this Part; or

2.Competitive negotiation, pursuant to §§ 1.6.3 and 1.6.4 of this Part; or

3.Non-competitive negotiation, pursuant to § 1.6.5 of this Part; or

4.Small purchase procedures, pursuant to § 1.6.6 of this Part.

5.Master Price Agreement, pursuant to § 1.6.7 of this Part.

B.All contracts and purchases procured utilizing competitive sealed bidding pursuant to § 1.6.2 of this Part shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in R.I. Gen. Laws § 37-2-17.1. Notwithstanding the foregoing, the Corporation reserves the right to award competitive contracts and purchases to responsive and responsible bidders that do not participate in RIVIP.

1.6.2Competitive Sealed Bidding

A.Contracts exceeding the amount provided by § 1.6.6 of this Part (Fifty Thousand and 00/100 Dollars ($50,000) for construction and Twenty-Five Thousand and 00/100 ($25,000) for all other purchases) shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable. Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:

1.Specifications can be prepared that permit an award on the basis of either the lowest bid price or the lowest evaluated bid price; and

2.The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.

B.The invitation for bids shall state whether an award shall be made on the basis of the lowest bid price or the lowest evaluated bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available. All documents submitted in response to the bid proposal are public pursuant to R.I. Gen. Laws Chapter 38-2 (Access to Public Records) upon opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their bid proposal to be available for public inspection upon the opening of the bids. The burden to identify and withhold from the public copy that is released at the bid opening any trade secrets, commercial or financial information, or other information the bidder deems not subject to public disclosure pursuant to R.I. Gen. Laws Chapter 38-2 shall rest with the bidder submitting the bid proposal.

C.Adequate public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation in the State as determined by the Corporation not less than seven (7) days nor more than twenty-eight (28) days before the date set for the opening of the bids. The Chief Purchasing Officer or purchasing agent may make a written determination that the twenty-eight (28) day limitation needs to be waived. The written determination shall state the reason why the twenty-eight (28) day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.

D.Bids shall be opened and read aloud publicly at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection.

E.Immediately subsequent to the opening of the bids, copies of bid documents submitted shall be made available for inspection by the public pursuant to these Rules. Any objection to any bid on the grounds that it is nonresponsive to the invitation for the bids must be filed with the Chief Purchasing Officer or purchasing agent within five (5) business days of the opening of the bid. The Chief Purchasing Officer or purchasing agent shall issue a written determination to the objector and shall provide a copy of the determination to the objector and all those who submitted bids at least seven (7) business days prior to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and the Chief Purchasing Officer or purchasing agent shall reject the bid. The Chief Purchasing Officer or purchasing agent shall have no discretion to waive any requirements in the which are identified as mandatory. Nothing in this section shall be construed to interfere with or invalidate the results of the due diligence conducted by the Corporation to determine whether bids are responsive and responsible.

F.Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid that were not made public shall be made available and open to public inspection and retained in the bid file pursuant to the records retention policies adopted by the Corporation from time to time. The copy of the bid proposal provided pursuant to § 1.6.2(B) of this Part, shall be retained until the bid is awarded.

G.The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated or responsive bid price.

H.Correction or withdrawal of bids will be allowed only in accordance with the instructions to bidders set forth in the invitation to bid.

1.6.3Competitive Negotiation

A.When the Chief Purchasing Officer determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 1.6.5, 1.6.6 and 1.6.7 of this Part, a contract may be awarded by competitive negotiation.

B.Adequate public notice of the request for proposals shall be given in the same manner as provided in § 1.6.2(C) of this Part.

C.The request for proposals shall indicate the relative importance of price and other evaluation factors.

D.Written or oral discussions may be conducted with all responsible offerors who submit proposals determined in writing by the Chief Purchasing Officer to be reasonably suitable of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted if the Chief Purchasing Officer or purchasing agent makes a written determination concerning one or more of the following:

1.With respect to prices, where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or

2.Where time of delivery or performance will not permit discussion; or

3.Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.

E.Notwithstanding the foregoing, an award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Corporation taking into consideration price and the evaluation factors set forth in the request for proposals.

1.6.4Negotiations after Unsuccessful Competitive Sealed Bidding

A.Contracts may be competitively negotiated when it is determined in writing by the Chief Purchasing Officer that any of the following are true:

1.The bid prices received by competitive sealed bidding under § 1.6.2 of this Part, were not independently reached in open competition, and for which:

a.Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and

b.The negotiated price is lower than the lowest rejected bid by any competitive bidder; and

c.The negotiated price is the lowest negotiated price offered by a competitive offeror.

2.All bids submitted pursuant to competitive sealed bidding under § 1.6.2 of this Part, resulted in bid prices in excess of the funds available for purchase, and Chief Purchasing Officer determines in writing:

a.That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder, and

b.The best interest of the Corporation will not permit the delay attendant to a re-solicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 1.6.2 of this Part, then a negotiated award may be made as set forth in §§ 1.6.4(C) or 1.6.4(D) of this Part.

B.Where there is more than one bidder, competitive negotiations pursuant to § 1.6.3 of this Part, shall be conducted with the three (two if there are only two) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Such competitive negotiations shall be conducted under the following restrictions:

1.If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; and

2.A request for proposals, based upon revised specifications or quantities, shall be issued to the bidders engaged in competitive negotiation as promptly as possible, shall provide for an expeditious response to the revised requirements, and

3.Contracts shall be awarded upon the basis of the lowest bid price or lowest evaluated bid price submitted by any responsive and responsible offeror.

D. When, after competitive sealed bidding, it is determined in writing that there is only one responsive and responsible bidder, a noncompetitive negotiated award may be made with such bidder in accordance with § 1.6.5 of this Part.

1.6.5Non-Competitive Procurement

A.Sole Source: A contract may be awarded for a supply, service or construction item without competition when the Chief Purchasing Officer determines, in writing, that there is only one source for the required supply, service, or construction item.

B.Emergency: Notwithstanding any other provision of these Rules, the Chief Purchasing Officer may make emergency procurements when there exists a threat to public health, welfare or safety under emergency conditions, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

C.Noncompetitive negotiation after competitive solicitation: Contracts issued under procedures set forth herein may be negotiated with the successful vendor(s) subject to the provisions of § 1.8(B) of this Part. A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.

1.6.6Small Purchases

A.Procurements not to exceed Fifty Thousand and 00/100 Dollars ($50,000) for construction and Twenty-Five Thousand and 00/100 ($25,000) for all other purchases may be made by the Corporation in any manner the Chief Purchasing Officer believes reasonable, and in accordance with the follow procedures:

1.Procurements Other Than Construction:

Amount

Minimum Requirements

Up to and including $2,500

No quote necessary – must purchase through Finance Department

Over $2,500 up to and including $5,000

3 telephone solicitations with written report thereof to Finance Department

Over 5,000 up to and including $25,000

3 written quotations

2.Construction Procurements:

Amount

Minimum Requirements

Up to and including $25,000

No quote necessary – Must purchase through Finance Department

Over $25,000 and up to and including $50,000

3 written quotations

1.6.7Master Price Agreements

A.The Corporation may utilize any active Master Price Agreement (MPA) issued by the State of Rhode Island Division of Purchases for procurement of goods and services. Use of statewide MPAs for procurements up to and including the specific MPA threshold amount, in accordance with the MPA Contract User Guide posted on the Division of Purchases website, shall adhere to the procurement instructions contained within the MPA Contract User Guide.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.7 Cancellation of Invitation for Bids and Requests for Proposals.

A.The Chief Purchasing Officer may cancel an invitation for bids, a request for proposal, or negotiations in connection with the procurement of any supply, service, or construction item, or may reject all bids or proposals, if the Chief Purchasing Officer determines that such action is in the best interests of the Corporation. No such cancellation or rejection shall prevent the Chief Purchasing Officer from re-soliciting bids for the same supplies, services, or construction item on the same or different terms.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.8 Responsibility of Bidders and Offerors.

A.Determination of Responsibility.

1.A written determination of responsibility of a bidder or offeror shall be made by the Chief Purchasing Officer in connection with the award of any contract.

2.The Chief Purchasing Officer shall make reasonable inquiries to determine the financial strength and responsibility of the bidder and offeror. The failure of any bidder or offeror to promptly supply information in connection with such inquiries may be grounds for determining that such person is not responsible. Said financial analysis may include the review of the business by a nationally recognized commercial credit reporting bureau.

3.Except as otherwise provided by law, information furnished by any bidder or offeror pursuant to § 1.8(A) of this Part, may not be disclosed by the Corporation to any other person without the prior written consent of such person.

B.Cost or Pricing Data.

1.A contractor shall submit to the Chief Purchasing Officer cost or pricing data and shall certify that, to the best of his, her, or its knowledge and belief, any cost or pricing data required to be submitted was accurate, complete, and current as of a mutually determined specified date that is prior to the date of:

a.The pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand ($50,000); or

b.The pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000).

2.The Chief Purchasing Officer may require contractor certified cost or pricing data in connection with any bid, proposal, or contract without regard to the price ceilings set forth above if the Chief Purchasing Officer determines that such cost or price data is necessary to ensure a fair and reasonable contract price to the Corporation.

3.When certified cost or pricing data must be submitted in connection with any contract, change, or modification thereto, the price to the Corporation, including profit or fee, shall be adjusted to exclude any significant sums by which the Chief Purchasing Officer finds that such price was increased because the contractor furnished cost or pricing data which, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current and any such contract, change, or modification shall contain an express provision consistent with § 1.8(B)(3) of this Part.

4.The Chief Purchasing Officer may elect not to require certified cost or pricing data when the price negotiated is based on adequate price competition, established catalogue, or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, or in exceptional cases where the Chief Purchasing Officer determines that the requirements of this section may be waived, and the reasons for such waiver are stated in writing.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.9 Contracts

A.Types of Contracts

1.The Corporation may enter into any type of contract which will promote the best interests of the Corporation as may be determined by the Chief Purchasing Officer.

B.Progressive Payments, Partial Awards, and Multiple Awards.

1.Type of contracts that may be entered into by the Corporation include, but are not limited to:

2.Progressive Payments: A contract may provide for payments as work progresses under the contract, on the basis of costs incurred, on the basis of percentage of completion accomplished, or on the basis of a particular stage of completion.

3.Partial Awards: A contract may provide for payments upon submission of proper invoices or vouchers for supplies delivered and accepted, or services rendered and accepted, where such supplies and services are only part of total contract requirements.

4.Multiple Awards: The Corporation may reserve the right to split a contract between two or more responsive and responsible bidders or offerors and to make an award for all or only part of the items, services or construction specified in the solicitation, if so stated in the invitation to bid or the request for proposal.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.10 Reporting of Anti-Competitive Practices

A.If for any reason the Chief Purchasing Officer suspects collusion among bidders or offerors, the Chief Purchasing Officer shall transmit a written notice of the facts giving rise to such suspicion to the Attorney General of the State of Rhode Island (the “Attorney General”).

B. All documents involved in any procurement in which collusion is expected shall be retained until the Attorney General notifies the Chief Purchasing Officer that they may be released. All such documents shall be made available to the Attorney General or his or her designee upon request, notwithstanding any other provision of these Rules.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.11 Cost and Pricing Principle

A.Except as otherwise provided by contract, the Chief Purchasing Officer shall use generally accepted accounting principles:

1.As guidelines in the negotiation of:

a.Estimated costs for contracts when the absence of open market competition precludes the use of competitive sealed bidding;

b.Adjustments for changes or modifications in contract performance requested by the Corporation; and

2.Settlements of contracts which have been terminated.

3.To determine the allowability of incurred costs for the purposes of reimbursing costs under contract provisions which provide for the reimbursement of costs; and

4.As appropriate in any other situation where determinations of the estimated or incurred costs of performing a contract may be required.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.12 Architectural, Engineering and Professional Consultant Services

A.It shall be the policy of the Corporation to publicly announce requirements for architectural, engineering and other professional consultant services, which are reasonably estimated to exceed Twenty Thousand Dollars ($20,000), and to negotiate contracts for those professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.

B.The Chief Purchasing Officer shall give public notice of the need for architectural, engineering, or consultant services which are reasonably estimated to exceed Twenty Thousand Dollars ($20,000). The public notice shall be published sufficiently in advance of the date when responses must be received in order that interested parties have an adequate opportunity to submit a statement of qualifications and performance data. The notice shall contain a brief statement of the services required, describe the project, and specify how a solicitation containing specific information on the project may be obtained. The notice shall be published in a newspaper of general circulation in the state and in such other publications as in the judgment of the Chief Purchasing Officer shall be desirable.

C.A solicitation shall be prepared which describes the Corporation's requirements and sets forth the evaluation criteria. It shall be distributed to interested persons. Criteria shall include, but is not limited to:

1.Competence to perform the services as reflected by technical training and education; general experience; experience in providing the required services; and the qualifications and competence of persons who would be assigned to perform the services;

2.Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously;

3.Past performance as reflected by the evaluation of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; and

4.The proposed approach to the project, where applicable.

D.The Chief Purchasing Officer shall evaluate:

1.Statements that may be submitted in response to the solicitation of architectural or engineering services; and

2.Statements of qualifications and performance data, if their submission was required.

3.All statements and statements of qualifications and performance data shall be evaluated in light of the criteria set forth in the solicitation for architectural, engineering, or consultant services.

E.The Chief Purchasing Officer shall select no more than (3) firms (or two (2) if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, shall make a representative available to the directors of the Corporation at such time and place as they shall determine, to provide such further information as they may require. The directors of the Corporation shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for the Corporation at compensation which the directors determine to be fair and reasonable to the Corporation. In making the determination, the directors shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The directors of the Corporation shall be responsible for the final selection of the providers of architectural, engineering, or consultant services.

F.For every Corporation project requiring architectural, engineering, or consultant services, the fees for which are not reasonably expected to exceed Twenty Thousand Dollars ($20,000), the Chief Purchasing Officer shall be responsible for the final selection of a qualified architectural, engineering, or consultant firm for the project. The Chief Purchasing Officer shall notify the board of directors of the Corporation of that selection. The Chief Purchasing Officer shall use the criteria set forth above in making the determination. That determination shall be justified in writing.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.13 Legal Services

A.Before the Corporation shall procure the services of an attorney, the Chief Purchasing Officer shall demonstrate to the satisfaction of the directors of the Corporation the following:

1.The need for the services, including the scope of the services to be performed;

2.That no legal personnel employed by the state on a full-time basis is available to perform those services;

3.That funding is available, indicating from which sources the funding is to be provided;

4.That attorneys to be engaged meet the following minimum requirements:

a.Appropriate professional licensing;

b.Competence to perform those services as reflected by formal training and education, general experience, experience in providing the required services, and the qualifications and competence of persons who would be assigned to perform the services; and

c.Ability to perform the services as reflected by workload and availability of adequate personnel, equipment, and facilities to perform the services expeditiously.

B.The attorney shall enter into a letter of engagement with the Corporation. The letter of engagement shall state the rate of compensation, the scope of the services to be performed for the compensation, and provision for the payment of expenses incurred in connection with legal services. The letter of engagement shall certify that the rate of compensation does not exceed the rate of compensation charged by counsel to his or her preferred public or private clients. A letter of engagement shall not be for more than one year.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.14 Resolution of Protests of Solicitations and Awards

A.Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of any contract may file a protest with the Chief Purchasing Officer. A protest or notice of other controversy must be filed promptly and in any event, within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.

B.The Chief Purchasing Officer shall promptly issue a decision in writing regarding such protest. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.15 Debarment and Suspension

A.After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Purchasing Officer may debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three (3) years. In addition, the Chief Purchasing Officer may suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three (3) months.

1.Causes for debarment or suspension include the following:

a.Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in performance of such contract or subcontract;

b.Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction or records, stolen property, or any other offense indicating a lack of business integrity or business honesty;

c.Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

d.Violation of contract provisions, as set forth herein, of a character which is regarded by the Chief Purchasing Officer to be so serious as to justify debarment action;

e.Knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in a contract with the Corporation;

f.A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts with the Corporation; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or

g.Any other cause the Chief Purchasing Officer determines to be so serious and compelling as to affect responsibility as a contractor, including debarment by a governmental entity.

2.The Chief Purchasing Officer shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.

3.A copy of the decision under § 1.15(A)(2) of this Part shall be mailed or otherwise furnished promptly to the debarred or suspended person.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-01 § 1.16 Equal Employment Opportunity

1.16.1 Contracts and Supplies Exceeding Ten Thousand

For all contracts for supplies and services exceeding Ten Thousand Dollars ($10,000), contractors must comply with the requirements of R.I. Gen. Laws § 28-5.1-10, the executive orders described therein and other regulations as issued by the State Equal Opportunity Office.

1.16.2 Conflict of Interest

No employee, officer or director of the Corporation shall have any interest, financial or otherwise, direct or indirect, or engage in any activity which is in substantial conflict with the proper discharge of his or her duties as an employee, officer or director of the Corporation. The employees, officers and directors of the Corporation shall comply with the applicable provisions of the Rhode Island Code of Ethics, R.I. Gen. Laws Chapter 36-14 and Executive Order 15-01 entitled “Ethics and Integrity in State Government”.

1.16.3 Minority and Women’s Businesses

The Chief Purchasing Officer shall, to the extent practicable, encourage minority business enterprises and women’s business enterprises to bid for contracts to be awarded by the Corporation.

History

Amendment — effective from 2025-10-02 to current
Periodic Refile — effective from 2022-01-04 to 10/02/2025
Technical Revision — effective from 2013-11-18 to 01/04/2022
Adoption — effective from 2013-11-18 to 11/18/2013

880-RICR-00-00-2 Rules and Regulations for the Use of the Port of Davisville, Rhode Island, USA Marine Terminals and Associated Facilities

880-RICR-00-00-2 § 2.1 Purpose

The Port of Davisville is operated by the Quonset Development Corporation (QDC), a quasi-public corporation of the State of Rhode Island. The intent of these rules and regulations is to specify a protocol for roles, responsibilities and communication between all stakeholders requiring access to the Port of Davisville. These rules and regulations will assist to promote accountability and to provide a good working relationship among authorized parties using or accessing the marine terminals and related properties. For the purposes of this document (Rules and Regulations), the Port of Davisville and Davisville Port Authority are trade names used by the Quonset Development Corporation (QDC) and shall refer to the QDC for business and legal matters.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-64.19-6.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.3 Compliance with Government Regulations

A.The objective of these rules and regulations governing safety, security and other general operating procedures is due in part to comply with federal, state and municipal regulations. Vessels, shippers and persons using or entering the Port facilities shall comply with all federal, state and municipal laws, rules and regulations, including but not limited to:

1.MTSA Applicable - The Maritime Transportation Security Act, 33 C.F.R. §§ 101, 102, 103 and 105 (2010) applies to the Port of Davisville. Those vessels subject to 33 C.F.R. §§ 101, 102 and 103 are required to interface with the QDC.

2.U.S. Custom Duties - The Port of Davisville is a Foreign Trade Zone (FTZ) and all persons, goods and conveyances are subject to search by U.S. Customs & Border Protection officers 19 U.S.C. § 482 (2002).

3.FTZ Regulations -The Port of Davisville is a Foreign Trade Zone (#105) and all persons, goods and conveyances are subject to search by U.S. Customs & Border Protection Officers.

4.The QDC operates the terminal under a Facility Security Plan in accordance with 33 C.F.R. § 105 (2010).

5.All such federal, state and municipal laws as applicable.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.4 Incorporated Materials

A.These regulations hereby adopt and incorporate 33 C.F.R. § 101 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.These regulations hereby adopt and incorporate 33 C.F.R. § 105 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

C.These regulations hereby adopt and incorporate 33 C.F.R. § 126.30 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

D.These regulations hereby adopt and incorporate 46 C.F.R. § 35.30-1 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

E.These regulations hereby adopt and incorporate the U.S. Department of Transportation Regulations, 49 C.F.R. §§ 100-199 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.5 Applicability

A.Property - These rules and regulations are applicable to all piers, wharfs, sheds, yards, buildings, trackage, roadways, and all properties, managed or operated by the QDC at the Port of Davisville.

B.Vessels - These rules and regulations apply to all vessels, agents, owners, masters, crews, operators, truckers, rail personnel, contractors, suppliers and all other users of the Port of Davisville.

C.Parties – These rules and regulations are applicable to and include natural persons, artificial persons, corporations, partnerships, organizations, associations, sovereigns, governments, nations, states, municipalities; their agents and instruments.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.6 Definitions and Abbreviations

A.Whenever used in these rules and regulations, the following terms shall have the following meaning as indicated:

1."Currency" means United States Dollars ($USD).

2.“Facility Security Officer” means the person responsible for overseeing and implementing security measures for the Port of Davisville.

3.“Facility Security Plan” means the Port’s security plan as approved by the U.S. Coast Guard.

4."Manager" means the Terminal Manager or FSO of the QDC Terminal Facility or his/her authorized representative.

5."Port of Davisville" and "Port" shall mean all marine facilities including controlled berths and associated waterways, as well as associated facilities under the control of the Quonset Development Corporation.

6."Solicitation" means written or verbal communication, approaching or initiating a conversation with any person on terminal property, or any person employing or inducing any other person to approach or initiate a conversation with any person on terminal property, other than a person who is engaged in business authorized by the QDC for the sole purpose to service a vessel and /or the vessel’s cargo or passengers.

7."Terminal" means any facility, leased or managed, by the Quonset Development Corporation at the Port of Davisville Marine Terminal and related facilities used in the transitioning of cargo from land to a waterborne vessel, or from a waterborne vessel to land, or for the storage of cargo handled by the port or marine terminal on its property, wharfs and piers.

“Terminal Tariff Schedule” means Rhode Island Regulation 880-RICR-00-00-03.

B.When used, the following abbreviations shall mean:

1.“$" or "$USD” means U.S. currency (dollar)

2.“%” means percent or 1/100 of the whole

3.“FMC” means Federal Maritime Commission

4.“FSO” means Facility Security Officer

5.4.5. “FSP” means Facility Security Plan

6.“GRT” means gross registered ton

7.“LBS” means pounds

8.“LOA” means length overall

9.“NRT” means net registered tonnage

10.“QDC” means Quonset Development Corporation

11."TWIC" means Transportation Worker Identification Credential

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.7 Port Access

2.7.1Access by Persons

A.Access - Access to QDC terminal property is restricted in accordance with the United State Coast Guard, Department of Homeland Security laws regarding "Maritime Security", incorporated above at § 2.4(A) of this Part. The marine facilities and associated properties of the QDC are not public thoroughfares and all persons entering thereon do so at their own risk. Access to the public is limited unless authorized by the Facility Security Officer (FSO) under the approved Facility Security Plan. Personnel authorized to enter the terminal will be required to meet and verify identification with on-site security. The QDC reserves the right to refuse admittance to the port/pier area and to require the removal from the premises of any person for any reason whatsoever.

B.Security Rules - The FSO shall establish rules for terminal access under the QDC Facility Security Plan.

C.Visitors - Family, friends and acquaintances of passengers or crew will not be permitted access to the vessel without the express permission of the FSO.

D.Code of Conduct - All persons entering the Port shall adhere to the Code of Conduct published by QDC on the QDC website (www.quonset.com). Any person found to be in violation of the Code of Conduct may by denied access pursuant to § 2.7.1.E of this Part.

E.Denial of Access - The QDC reserves the right to revoke or deny access to the Port of Davisville, or any other facility operated by QDC, for any person or company who violates these rules and regulations or the Code of Conduct pursuant to § 2.7.1.D of this Part or if the FSO deems it necessary for safety, security or other appropriate reasons. Upon refusal to leave QDC property, a person who is denied access may be prosecuted as a trespasser.

F.Contractors - Outside contract personnel who seek access into the restricted area on a regular basis must have a valid Transportation Worker Identification Credential (TWIC), as outlined in § 2.7.2 of this part.

G.Appeal of Denial of Access - Appeal of the denial of access may be made to the Port Director whose decision shall be final.

H.Passenger and Crew Lists - A copy of the passenger and crew list for every vessel shall be provided by the vessel to the FSO for use by security personnel.

2.7.2Identification Cards

A.Port of Davisville Identification Card - Anyone seeking admission into the Restricted Areas of the port must have a Port of Davisville Identification card (Port ID) with them upon entry. To obtain a Port ID, a person must submit a complete Port Identification Application form, including any and all additional information as may be stated on the form. The Port Identification Application form must be certified by the applicant. QDC reserves the right to determine the period for which any Port ID is valid and to require renewal and recertification to extend access to the Port.

B.A person seeking admission as a Temporary Visitor will be issued a temporary port ID upon submittal of the Port Identification Application and after producing a government issued, picture-bearing identification. This identification will be retained at the guard station until the temporary identification is returned. This card must be presented to the Security Guard, Pier Master or FSO upon request. A Temporary Visitor must have a TWIC escort with them at all times.

C.TWIC - Port of Davisville requires anyone who is a regular user of the Restricted Area to maintain a TWIC card if they are eligible. A regular user is defined as someone seeking entrance more than 10 times in a calendar year. Exception to this rule may be granted by the FSO. Failure to obtain a TWIC by a regular user of the Port of Davisville will result in the denial of admission. A record of dates of Non-TWIC admissions is maintained by the Port of Davisville as proof of this claim.

D.Employee Certification - Any business entity that requires its employee(s) or contractor(s) to access the “Restricted Area” of the port (Terminals 1 and 2) must notify the FSO in advance. If the FSO authorizes such business entity to access the restricted areas, the entity must have a manager sign all employee or contractor’s Port Identification card applications to confirm their employment status. These cards are provided without cost and remain the property of the QDC. Applications for Port IDs are provided by the Port of Davisville Operations office (tel: 401-294-2639) during regular business hours. When an employee or contractor is terminated, the company’s affirming manager is required to notify the FSO (tel: 401-294-2639) to cancel the card’s ACTIVE EMPLOYEE status. Employees possessing a TWIC card must provide it at the time the Port ID is issued (see § 2.7.2(B) of this Part). A copy of this identification will be retained by the Port of Davisville upon expiration of a TWIC card; the employee must present the new TWIC card for reissuance of an updated Port ID.

E.Port ID’s - Port ID’s are limited to ONE per person. False claims of loss or theft may result in denial of admission by the FSO.

F.Escort Policy - Anyone seeking access to the “Restricted Area” of the port (Terminals 1 and 2) must have a TWIC card or be accompanied by a TWIC card holder. This escort status must be acknowledged by the TWIC holder at the point of gate entry where an Escort Record is maintained by the guard.

G.Commercial Contractors - All outside maintenance contracted by leases, vessels, vessel owners, or agents must receive clearance through the QDC prior to entering into any work at Port of Davisville. All contractors must operate in compliance with § 2.7.1 of this Part, and provide escorts with a federally issued TWIC and terminal badge as required.

2.7.3Vehicle Access and Parking Policy

A.Pier Parking Permits - Persons or vehicles entering pier areas must display a pier permit issued by the FSO or his/her designee.

B.Parking Regulations - The designation of parking areas, parking rules and regulations, including parking fees, shall be at the sole determination of the FSO. It shall be unlawful to park vehicles in other than approved parking areas. All persons violating this restriction shall have the vehicles towed away at the sole expense and risk of owner or operator of vehicle.

C.Parking Areas - Parking for badge holders will be in designated areas on QDC property only. Such areas will be determined by the FSO.

D.Vehicle Warning Lights/Alarms - Maintenance vehicles working on piers or in terminal yards, when moving or stationary in working areas, shall display an operating overhead warning light. All maintenance vehicles shall be equipped with backup alarms.

E.Vehicle Access to Vessel - Access to a berthed vessel by taxi, van, bus or other vehicle shall not be granted by the vessel without permission of the FSO or designee.

F.Searches - All vehicles and persons permitted to travel on piers may be searched by port security personnel prior to being permitted into the terminal.

G.Stores - Vessels or persons receiving stores shall be responsible for delivery inspections at the terminal, or when deliveries are made from outside the terminal to the delivery docks or vessels.

H.Vehicle Escort - Vehicles requiring access to the pier shall be escorted to a point deemed appropriate by the FSO. Such point shall be clear of gangway access, bollards, leads of lines, building doors and pedestrian flow.

I.Licenses - Drivers of vehicles authorized to enter the terminal shall present their photo license, delivery order or manifest, and shall receive a vehicle pass. Drivers shall be instructed as to the terminal’s traffic pattern and be monitored when transiting to their delivery or pick up location.

J.Seat Belts - Seat belts will be worn by all personnel on QDC property at all times when vehicles are in motion.

K.Vehicle Access During Cargo Operations - No vehicles will be allowed in cargo handling areas during cargo operations. All vehicles entering QDC restricted areas are subject to screening.

L.Pier Passes - All vehicles entering the restricted area must possess a valid pier pass and drivers enter at their own risks.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.8 Permits and Inspections

2.8.1 Pier Loading Permit

All vessels, or their owners or agents, desiring berths must obtain a pier loading permit if deemed required by the QDC. The permit is not valid until it is authorized and executed by the QDC. Procedures for obtaining a Pier Loading Permit are located on the port website, www.portofdavisville.com.

2.8.2Inspection of Vessels and Cargo

The QDC is authorized to enter upon and inspect any vessel and its cargo in berth or at anchor in the harbor, to ascertain the kind and quantity of merchandise of cargo on the vessel, or to identify or address safety issues. No person or persons shall hinder, molest, or refuse entrance upon such vessel for the purpose specified.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.9 Conduct

A.Code of Conduct - All persons entering the Port shall adhere to the Code of Conduct published by QDC on the QDC website (www.quonset.com). Any person found to be in violation of the Code of Conduct may by denied access pursuant to § 2.7.1.E of this Part.

B.Solicitation - No person shall engage in solicitation of business or vessel personnel on terminal property, including within the terminal premises.

C.Responsibility - The QDC reserves the right to hold organizations, businesses, representatives or agents responsible for any violations of these rules and regulations.

D.Cooperation - All authorized representatives or agents of businesses or organizations shall so conduct and carry on their business at the terminal as to maintain a cooperative relationship with others engaged in authorized business at the terminal. Said persons shall not engage in open and public disputes, disagreements, or conflicts tending to deteriorate the quality of service or be incompatible to the best interest of the terminal, the workers at the terminal or the port’s customers.

E.Impact on other Personnel - All authorized representatives or agents, businesses or organizations, shall conduct themselves in an orderly and proper manner at all times so as not to annoy, disturb or be offensive to personnel and others at the terminal. Said persons shall not provide misleading information concerning their own service or any other service at the terminal.

F.Inappropriate Language - Inappropriate language (including but not limited to profanities, racial slurs or slants) and gestures will be considered offensive behavior and will be punishable by the banishment of the individual(s) at the sole discretion of the FSO.

G.Review and Appeal - Reviews of conduct violations shall take place within one week of the violation with the Port Director and appropriate labor representative of the party committing the violation to determine future admittance. Repeated violations will result in the loss of privilege to provide services in any terminal facility. This loss of privilege, and the duration thereof, will be determined by the Port Director whose decision shall be final.

H.Compliance - Anyone violating §§ 2.9(C) through (E) of this Part may be removed from the pier, by the Pier Master or FSO, or his/her authorized representative, for that day after notification to the appropriate business manager or labor-management representative. Such notification shall include reason or cause.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.10 Use of Facilities

2.10.1General Provisions

A.Control of Property and Capacity of Facilities - The QDC shall assign all berth and storage locations on Port property. The QDC does not obligate itself to provide vessel berthing, storage, equipment, labor, or other form of services beyond the reasonable capacity of its facilities.

B.Consent of Users - The use of the facilities under the jurisdiction of the QDC shall constitute a consent to the terms and conditions of these regulations, as well as an agreement on the part of all vessels, their owners or agents and other users of QDC facilities to pay all charges specified in the port’s Tariff schedule, Part 3 of this Subchapter, and be governed by all rules and regulations of the QDC.

C.Access to Information – Vessels, their owners and agents, and other users of the Port of Davisville shall be required to permit access to manifests, loading or discharge lists, rail or motor carrier freight bills, or other pertinent documents for information or audit, to determine the correctness of reports filed, or for securing data to permit correct billing charges. Failure to furnish the required documents will result in waiver of free time and immediate assessment of penalty charges as stated in the Terminal Tariff Schedule.

D.Removal of Objectionable Freight -The QDC reserves the right to move freight or other material at the risk and expense of the owner which, in its judgment is liable to damage other goods, to another location on the piers, or to private facilities.

2.10.2Hours of Operation and Holidays

A.Business Hours - The hours of business are between 0600 and2200, Monday through Friday and between 0700 and 1400 on Saturdays and Sundays, exclusive of holidays. Heavy Equipment and General Cargo Pickup must be made during these hours. All services performed during non-business hours shall be subject to special agreement with QDC and will be assessed a Port Operations Fee as set forth in the Terminal Tariff Schedule.

B. Observed Holidays - The QDC observes the following holidays (if holiday falls on a weekend, then observed the following Monday):

1.New Year’s Day (January 1)*

2.Dr. Martin Luther King, Jr. Day (third Monday in January)

3.Memorial Day (last Monday in May)

4.Juneteenth (June 19)

5.Independence Day (July 4)*

6.Victory Day (second Monday in August)

7.Labor Day (first Monday in September)

8.Columbus Day (second Monday in October)

9.Veteran’s Day (November 11)

10.Thanksgiving (fourth Thursday in November)

11.Day after Thanksgiving (fourth Friday in November)

12.Christmas (December 25)

2.10.3.Arrangement for and Use of Berths

A.Berth Application Required - All vessel, their owners, or agents desiring berths at the Port of Davisville shall apply for a berth application at least 5 days in advance of vessels arrival, furnishing the QDC with the vessels name, length overall, draft, docking and sailing, pier request, name of agent’s company, P & I Club, crew list and quantity and nature of cargo to be handled. All vessels, their owners or agents desiring berths must obtain a pier loading permit (if required). Berth applications are available on our website www.portofdavisville.com or by calling the Port office (401) 294-2639. All berth applications must be submitted by email to [email protected]. Those berth applications faxed, hand delivered, or conveyed by any other means other than email will be subject to a fee as set forth in the Terminal Tariff Schedule. All vessels are first in, first out.

B.Amendment of Berth Applications - Vessels and their owners, or agents, shall be permitted to amend or modify their berth applications twice after the application has been submitted and approved by the Port without incurring an extra charge. All other amendments or modifications are subject to the fee stated in the Terminal Tariff Schedule.

C.Assigned Berths - Berths shall be assigned on a first-come, first-served basis. Amendments to berth applications may revoke the application’s position in the queue at the discretion of QDC. All vessels are required to use the assigned berths; assignments of berth are non-transferable. In the event of failure to use berths as and when assigned, the QDC reserves the right to use such unoccupied berth for other purposes.

D.MARSEC Information - Vessels will contact Davisville Port Control by VHF Channel 12 (call sign WCR9113) prior to docking for current MARSEC information.

E.Declaration of Security - The Declaration of Security (DoS) as specified under the Facilities Security Plan, as required by 33 C.F.R. § 105, incorporated above at § 2.4(B) of this Part, will be signed by the Vessel Security Officer and port’s FSO or designee. The vessel will comply with all items listed on the DoS while in port.

F.Notifications - The vessel will notify Davisville Port Control by email to [email protected] if any crew or passengers intend to disembark and provide the names of all personnel leaving the ship. The vessel will provide advance notification of any visitors, and stores or goods to be delivered to the vessel while in port. The vessel must notify Davisville Port Control and the U.S. Coast Guard of any maritime incidents while in port.

G.Gangway - The vessel is responsible for posting gangway watch and posting a lookout while in port. The vessel is responsible for checking identification and screening of all personnel, hand carried items, baggage, and stores before boarding the vessel.

H.Movement of Vessels -The QDC may order a vessel to move at the vessel’s expense. Any vessel, which is not moved promptly upon notice, may be shifted and any expenses involved including damage to vessel or to QDC property shall be charged to the vessel. Vessels berthing at the terminal shall at all times have on board sufficient personnel to move said vessel.

I.Failure to Depart Berth – A penalty for noncompliance with the berth assignments made by QDC per § 2.10.3.C. of this Part will be fined for each hour of noncompliance as stated in the Terminal Tariff Schedule.

J.Failure to Show – If necessary, vessels must cancel or amend their berth application no less than 48 hours in advance of the scheduled arrival. Vessels that do not cancel their berth application and do not show for berthing shall be charged a cancellation fee as described in the Terminal Tariff Schedule.

2.10.4Arrangements for Use of Other Port Facilities

A.Arrangements for Use of Facilities - When shippers, consignees, rail, motor freight or water carriers intend to conduct business at the Port, arrangements must be made in advance for the handling or storage of cargo or equipment, otherwise the QDC retains the right to decline such business.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.11 Vessel / Lay Berth

2.11.1Mooring Alongside

A.Mooring Lines - The vessel is responsible, at all times, for keeping all mooring lines tightly secured. Supplemental mooring lines and/or fenders may be required by the FSO as conditions dictate.

B.Rat Guards - The vessel shall deploy, properly affix and maintain rat guards on all mooring lines after berthing and when alongside piers.

C.Vessels Alongside - The vessel is responsible, at all times, for keeping all mooring lines of nested vessels, tightly secured whenever supply vessels, bunker barges or other vessels are tied up alongside.

D.Winches - The vessel is responsible, at all times, for tending all mooring winches to ensure that the vessel is adequately moored alongside the berth. This shall include the frequent inspection of constant tension winches.

E.Tugs - The vessel is responsible, at all times, and for keeping direct communications with tugs attending them while docking or undocking, when moored at terminal piers or in case of emergencies.

F.Adequate Crew Aboard - All vessels berthed at piers controlled by the QDC shall at all times have sufficient crew to comply with orders issued by the QDC and to tend or move the vessel at all times.

G.Weather and Traffic - The vessel shall, at all times, pay strict attention to weather conditions, water levels, currents, condition of mooring or other circumstances while at the terminal. In the event of a deep draft vessel transit, operations as well as access to/from the vessel may be suspended and the gangway removed until any vessel surge has abated.

H.Line Handling - The QDC does not provide line handling services. Services may be contracted through a licensed stevedore or other approved provider.

I.Lay Berthing - All crews, agents or persons connected with vessels that are berthed at the marine terminal in inactive status shall be required to comply with all rules and regulations as set forth herein.

J.Lay Berthing Inspections - All requirements for inspections, compliance with federal and other regulations, as well as vessel access and other requirements for any vessel berthed at the terminal in short or long-term lay berthing (inactive status) shall be included in the lay berthing agreement between the FSO and the vessel owner, operator or agent.

K.Long Term Berth Leases - The FSO reserves the right to establish leases for long term berthing which shall contain provisions for compliance with these regulations.

2.11.2Hot Work and Vessel Maintenance

A.Permit Process - Maintenance permits must be obtained from the QDC for all intended maintenance or hot work who shall review the scope of the work, safety procedures and fire prevention plans. The determination by the QDC to issue or deny a maintenance or hot work permit shall be final. No permit shall be valid until it is signed by the FSO.

B.Permit for Vessel Maintenance - A permit issued by the FSO is required for hot work and other maintenance on vessels at QDC berths, including interior work. No contractors shall be granted access to the port until a valid maintenance permit has been issued for the associated work.

C.Compliance - All hot work shall be conducted in accordance with the rules and regulations established by the QDC and in accordance with the US Standards for Handling of Dangerous Cargo at Waterfront Facilities, incorporated above § 2.4(C) of this Part.

D.Paint Chips - Chipping paint on the hull or other part of the vessel where paint chips may enter the water is prohibited.

E.Painting - Painting of the hull or other part of the vessel where paint may enter the water or fall on pier areas is prohibited.

2.11.3Discharge of Sewage, Gray Water, Bilge Water, Oil or Other Liquids, Stack Emissions, Trash

A.Overboard Discharge – The discharge of any substance from the vessel into the water while at berth shall be prohibited, unless expressly permitted by the United States Coast Guard, Captain of the Port, Sector Southeastern New England.

B.Sewage Discharge - The QDC does not provide facilities for the discharge of sewage. A contractor arranged for by the vessel and authorized by the QDC shall remove bilge water, oil or other liquid materials.

C.Stack Emissions - The visible emission of stack gasses or other emissions that contain any odors as deemed objectionable by the FSO while berthed at the Port of Davisville is prohibited.

D.Trash - The disposal of trash into the water is prohibited. A QDC licensed contractor arranged for by the vessel must remove trash.

E.Refuse Material - Rubbish, refuse or other material must be removed from pier, bulkhead, or other areas within the confines of Port of Davisville or other property controlled by the QDC, by the person placing it there, upon demand of the QDC, otherwise it will be removed at the expense of the party responsible and subject to a $500.00 fine.

F.Abandoned Cargo - The vessel shall bear the expense of removing from piers abandoned cargo, such as damaged or unaccepted goods, and shall be responsible for payment of wharfage, storage and other accrued charges on such cargo.

G.Dunnage and Pallets - The vessel is responsible for the removal of all dunnage and pallets or other material associated with stores or cargo.

2.11.4Fueling (Bunkering) of Vessels

A.Fueling (Bunkering) - Fueling at QDC piers by truck or vessel is permitted with the permission of the FSO.

B.Insurance - Vendors shall provide proof of liability insurance to the Davisville Port Operations office, naming the QDC as co-insured. The level of insurance shall be determined by the Port Director whose decision shall be final.

C.Pre-Transfer Procedures - When a vessel takes on bunkers or fuel, a pre-transfer conference shall be held with the vessel, vendor and FSO. A Ship/Shore safety list shall be completed and include a pre-transfer Declaration of Inspection. A copy shall be completed and submitted to the FSO by the vessel and vendor before transfer operations begin.

D.Smoking - Smoking shall not be allowed on vessel weather decks or the pier during transfer operations.

E.Signage - Proper signage stating “No Smoking, No Visitors, and No Open Lights” shall be posted at the head of the gangway on the pier during fueling operations in conformance with federal regulations for "Warning Signals and Signs", incorporated above § 2.4(D) of this Part.

F.Tow Wires - Emergency towing wires, as directed by the FSO, shall be properly rigged on the offshore side of vessels when fueling forward and aft. These wires are to be kept near the water surface at all times.

G.Fire Safety - Prior to transfer operations, at least two ship fire hoses shall be laid out and connected to the fire main nearest the transfer station; one forward and one aft. At least two handheld dry chemical fire extinguishers shall be conveniently placed for use at the ship’s manifold.

H.Spill Plan - A spill containment and response plan must be filed with the QDC in advance for review by the FSO.

I.Containment - Proper spill containment must be provided by the vessel at or near the manifold, including if necessary, plugging of vessel scuppers.

J.Communications - The vessel and vendor shall maintain direct communications with each other at all times during transfer operations.

K.Notices - The FSO shall be notified in advance that fueling operations will take place. In the event of a spill onboard or into the water, it is the Master’s responsibility to shut down operations, immediately notify the U.S. Coast Guard, USEPA (Region 1), RIDEM, RICRMC, and the QDC, and contain the spill.

L.Access to Vessel - Access to the vessel by way of the gangway will not normally be prohibited or restricted during fueling operations. The FSO shall prohibit access to the vessel if, in his/her opinion, an unsafe situation has developed or is developing.

M.Flags and Lights - During fueling operations a “Bravo” flag shall be flown on the vessel where clearly visible. A red light shall be displayed on the mast in times of darkness or restricted visibility.

N.Emergency Shutdown - If the Master, FSO, or Person in Charge (PIC) of fueling operations finds cause or suspects a cause of an unsafe condition, or the potential of a spill, the transfer operations shall immediately stop. Transfer operations shall also be stopped during thunderstorms.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.12 Port Safety / Security

2.12.1Safety

A.Compliance - All safety regulations as established by the QDC and the US Coast Guard under 33 C.F.R and 46 C.F.R shall be complied with at all times.

B.Port Security Charges – In order to fulfill its responsibilities for security, including but not limited to responsibilities mandated under the regulations listed in § 2.3 of this Part, QDC will assess and collect from all Port users, including, without limitation, users that are subject to the Terminal Tariff Charges set forth in the Terminal Tariff Schedule, as set forth in the Terminal Tariff Schedule. Such fees shall be in addition to all other fees and charges due under the Terminal Tariff Schedule.

C.Personal Safety Equipment - Personal safety equipment is required to be used at all times by terminal staff, contract labor, truck drivers, rail and vessel crews in open terminal areas. This shall include, as appropriate, floatation work vests or coats, hard hats, hearing protection, steel-toed shoes, high visibility safety vests, lifejackets, and clothing offering full body coverage, respirators, gloves or other equipment.

D.Medical Emergencies - In the event of serious injury or illness, at the terminal or on a vessel, the local Medical Rescue Service shall be called and first aid administered as required until Emergency Medical personnel arrive. Notification shall be made by calling 911.

E.Safety Inspections - The FSO or designee reserves the right to conduct safety inspections of vessels to insure they are in compliance with the rules outlined in § 2.12.1 of this Part. The FSO or local Fire Department may carry out such inspections without notice.

F.Safe Crane Operations - QDC reserves the right to shut down any crane operations and associated cargo handling, regardless of whether the crane in use is owned by QDC or provided by an outside operator, for any safety violation(s) or if conditions are deemed unsafe.

G.Unlawful Acts - Persons conducting unlawful acts are subject to the actions of state or local police.

H.Additional Security - The FSO may require additional security personnel for vessels or associated cargos at the sole cost to the vessel.

I.Military and Public Vessels Crew Security - Military and public vessels calling on the port, may at the discretion of the FSO, be required to provide additional security at the vessel’s expense or supplement security with vessel personnel as deemed appropriate by the FSO.

J.Searches - All vehicles and persons permitted to travel on piers may be searched by port security personnel prior to being permitted into the terminal.

K.Firearms, Ammunition and Explosives - Only duly authorized security personnel, law enforcement officers, members of the armed forces on official duty may carry weapons, ammunition or explosives in the QDC terminal or on its associated facilities. No firearm, ammunition or explosives shall be transported in any luggage or other packages off or onto a vessel.

L.Discharge of Weapons - Discharge or use of any weapon at the terminal is prohibited, except by law enforcement personnel in the performance of official duties.

M.Safety of Law Enforcement Personnel - Cargo operations and vessel access shall be shut down by the FSO if deemed necessary for the safety of law enforcement personnel.

N.Public Tours of Vessels -Tours of vessels by the general public are not permitted unless pre-arranged and approved by the FSO.

2.12.2Dangerous Cargo

A.Hazmat or Dangerous Shipments - Shipments of dangerous and hazardous cargoes moving via QDC marine terminals must be documented, marked, labeled, and/or placarded according to the U.S. Department of Transportation (DOT) Regulations, 49 C.F.R. §§ 100-199 especially § 172, incorporated above at § 2.4(D) of this Part.

B.Information Required - Port users who offer hazardous materials for transportation must provide the following federally required information:

1.Complete shipper’s name, address, and telephone number in case of emergencies.

2.Carrier’s name and address.

3.Complete consignee’s name and address, including the overseas port of destination on export shipments.

4.The proper DOT shipping technical name of the product involved.

5.Hazardous class of material being shipped.

6.Quantity of the material, kinds and number of containers and individual weights or total weight.

7.Shipper’s certification and proper labeling is required as outlined in the U.S. Department of Transportation (DOT) Regulations, 49 C.F.R. § 172, incorporated above at § 2.4(E) of this Part.

C.Special Instructions - Properly documented special instructions, exceptions and exemption information, if required, shall be included with each shipment.

D.Class 1 or Class 7 Cargo - Neither class 1 (explosive) nor class 7 (radioactive) hazardous cargoes may remain on the QDC property beyond what is necessary to transfer the cargo to or from the vessel.

E.Permits - Shippers of dangerous articles are required to comply with all regulations and must present necessary permits from proper authorities, as well as obtaining permission from the Terminal Operator, before such cargo shall be received on or transferred at the terminal.

F.Watchmen - Vessels may be required to employ special watchmen at their expense to keep vigil over any dangerous cargo on the terminal in order to protect property against fire or other hazards until the condition is eliminated.

G.Application of Charges - Minimum charges for all dangerous and hazardous cargoes for wharfage and dockage apply. See the Terminal Tariff Schedule for current charges.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.13 Stevedoring

A.Stevedoring - All stevedoring companies performing work at the Port of Davisville shall possess a valid stevedoring license issued by the QDC, which can be obtained by contacting the Port of Davisville at [email protected], and shall be required to file with the QDC a certificate of insurance showing proper coverage for the following:

1.General Liability including legal liability for bodily injury and property damage in the amount not less than $1,000,000.

2.Automobile Liability in the amount not less than $1,000,000.

3.Workers Compensation including the Longshore and Harbor Workers’ Act and Employers Liability in the amount not less than $1,000,000.

4.Umbrella coverage in the amount not less than $15,000,000.

B.Cleaning of Operational Areas - It will be the responsibility of stevedore(s) concerned to take such action as shall be deemed necessary to return all operational areas, including but not limited to, pier property, transit sheds, and open storage areas to a condition considered acceptable to the QDC. If such action is not completed within 24 hours after the completion of the vessel concerned, the QDC will take appropriate action to accomplish whatever clean-up may be required. The stevedore(s) will be billed by the QDC immediately upon completion of the action.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.14 Crane Usage and Operation

A.QDC Crane Required – Cranes belonging to vendors other than QDC shall not be permitted to operate at the Port unless the QDC-owned cranes are not sufficient to handle the cargo to be picked.

B.Crane Service – Any entity that desires to use any QDC-owned crane shall request use of the crane on the berth application. Any use of a QDC-owned crane shall be assessed the Crane Hire fees established by the Terminal Tariff Schedule.

C.Crane Usage – QDC-owned cranes will only be made available to entities possessing a valid QDC stevedoring license. Any individual operating a crane within the Port shall be a Licensed Crane Operator for the specific crane in use, as such term is defined by the U.S. Occupational Safety and Health Administration and the State of Rhode Island. Proof of such licensure shall be made available to the Port Manager upon request. Crane operators must follow all local, state and federal laws and regulations regarding the use of cranes.

D.Fuel – Licensed Stevedores shall be responsible for all fuel costs associated with operation of a QDC-owned crane, as set forth in the Terminal Tariff Schedule.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-2 § 2.15 Miscellaneous Rules and Regulations

A.Lifeboat Suspension - Lifeboats or other items shall not be suspended over the side of the vessel without the FSO’s authorization.

B.Landing Skiffs - The vessel shall not land skiffs, small boats or other types of craft onto the terminal, or adjacent waters without the FSO’s authorization.

C.Radioactive Material - Radioactive material may not be handled at the terminal without express permission of the FSO.

D.Compressed Gas - The delivery or removal of compressed gas bottles from a vessel is permitted. Bottles shall remain aboard the vessel until delivery or removal is expected.

E.Handicapped Access – Vessels are responsible for the safe transit of all handicapped persons traveling in the terminal.

F.Fishing Vessels and Other Craft Mooring at Terminal - All fishing vessels, crews, agents or persons conducting business with fishing vessels or other commercial vessels moored at the QDC terminal and authorized to be on the facility shall comply with all rules and regulations as set forth herein.

G.Responsibility for Loss or Damage - The QDC, its officers, agents or employees shall not be responsible and not be held liable for loss or damage, by whomsoever caused, to vessels, merchandise or any other property handled at or upon Port of Davisville, or stored thereon, either by fire, water, flood, action of the elements, collision, explosion, theft, negligence, riot, strike or other cause, except where it is due to the QDC's own negligence.

H.Damage to Property - Any damage done to the pier, buildings, utilities, other structures or equipment at the port by a vessel or otherwise, must be immediately reported to the QDC, together with the name of the person responsible. The expense of the repair of such damage, or injuries or deaths to any persons, shall be paid by said vessel or person, or agent of said vessel or person, except where it is due to the QDC's own negligence.I. Responsibility for Demurrage or Detention -The QDC does not assume responsibility for delays of any nature, demurrage to vessels or railroad cars, or detention of vessels, arising from any cause whatsoever.

J.Insurance not Included -The charges assessed pursuant to the Terminal Tariff Schedule do not include insurance of any kind, nor will such insurance be provided by the QDC under their policies.

K.Obstruction of Roadway, Rail and Platforms - The roadways, rail lines, and platforms on the property of the piers shall be kept clear for traffic. No materials, cars or trucks shall be allowed to remain or be stored upon or near such areas. Any property remaining on said roadways and platforms may be removed by the QDC at the expense and risk of the owner of the property.

L.Fishing - Fishing off piers or property managed by the QDC is prohibited.

M.Open Flames - No person shall light any matches or use or carry any open flame or non-approved lantern, or permit any lighting of any match or the use or carrying of any open flame or non-approved lantern in the sheds or in the open storage area.

N.Standby Dockage - Standby dockage applies to those vessels berthed at the Port of Davisville piers and not in process of discharging or loading cargo. Berthing facilities will be allocated to vessels in this category on an "as available" basis, and in all cases, these vessels will carry a lesser priority than those destined to load or unload at the Port of Davisville piers. Vessels requesting standby dockage will be subject to the provisions of these rules and regulations and applicable Tariff, Part 3 of this Subchapter, provisions.

O.Limits of Liability -The Port of Davisville is not responsible for any costs incurred by users of their facilities for delays as the result of labor stoppages or slowdowns, or port owned equipment failure. No provision contained in these regulations shall limit nor relieve the QDC from liability for its own negligence nor require any person, vessel, or lessee to indemnify or hold harmless the QDC from liability for its own negligence.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 Terminal Tariff Schedule

880-RICR-00-00-3 § 3.1 Scope and Applicability

A.Scope - The Port of Davisville is operated by the Quonset Development Corporation (QDC), a quasi-public corporation of the State of Rhode Island. The intent of this tariff is to specify charges for authorized parties using or accessing the marine terminals and related properties.

B.The Port of Davisville is subject to the following federal regulations:

1.MTSA Applicable - The Port of Davisville is subject to The Maritime Transportation Security Act, 33 C.F.R. §§ 101,102, 103 (2010). Those vessels subject to the Act are required to interface with the QDC.

2.FTZ Regulations - The Port of Davisville is a Foreign Trade Zone (FTZ) and all persons, goods, and conveyances are subject to search by US Customs & Border Protection Officers 19 U.S.C. § 482 (2002).

3.Facility Security Plan - The Quonset Development Corporation has a Facility Security Plan ("FSP") as required by MTSA, 33 C.F.R. § 105 (2010).

C.Applicability - The rules, regulations, conditions, commodity rates, and/or charges set forth in this schedule apply to or for the following terminal: Port of Davisville.

D.Compliance - The QDC reserves the right to revoke or deny access to the Port of Davisville, or any other facility operated by the QDC, to any person or company who violates these rules and regulations.

E.All such federal, state and municipal laws as applicable.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.2 Authority

These rules and regulations concerning the terminal tariff schedule for the Port of Davisville are promulgated by the Quonset Development Corporation in accordance with R.I. Gen. Laws § 42-64.10-6(d).

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.3 Incorporated Materials

A.These regulations hereby adopt and incorporate the U.S. Department of Transportation Regulations. 49 C.F.R. § 100-199 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.4 Definitions and Abbreviations

A.The following Definitions shall apply in this tariff:

1."Currency" means United States Dollars ($USD)

2."Demurrage" means a fee assessed to cargo stored or remaining on site after it has been discharged by a vessel, applied to cargo not covered under ground leases.

3."Dockage" means the charge assessed against a vessel for berthing at the facility, or for mooring to a vessel so berthed.

4."Free time" means the specific period during which cargo may occupy space assigned to it on terminal property free, of demurrage or terminal storage charges, immediately prior to the discharge of such cargo on or off the vessel.

5."Measurement ton" means 40 cubic feet (CFT).

6."Passenger fee" means a fee charged for a passenger debarking, embarking or landing at the QDC facility.

7."Port of Davisville" or "Port" means all marine facilities including controlled berths and associated waterways, as well as associated facilities under the control of the Quonset Development Corporation.

8."Port Rules" means Rhode Island Regulation 880-RICR-00-00-02.

9."Terminal Tariff Charge” means any assessment, fee, penalty, of other charge listed in this Part.

10."Ton" means 2,000 pounds (LBS) of weight.

a.Metric Ton (MT) means 2,204.6 pounds (LBS) of weight.

b.Short Ton (ST) means 2,000 pounds (LBS) of weight.

11."Wharfage" means a charge assessed against all cargo passing or conveyed over, onto, or under piers, or between vessels (to or from barge, lighter, or water) when berthed at a pier or when moored in slip adjacent to pier. Wharfage is solely the charge for use of pier and does not include charges for any other service.

B.When used, the following abbreviations shall mean:

1.$ or $USD U.S. Currency (Dollar)

2.% Percent or 1/100 of the whole

3.CFT Cubic Feet

4.FMC Federal Maritime Commission

5.GRT Gross Registered Ton

6.LBS Pounds

7.LOA Length Overall

8.NRT Net Registered Ton

9.QDC Quonset Development Corporation

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.5 Rescinded.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.6 Use of Facilities

A.Access to and use of the Port of Davisville is subject to the rules and requirements set forth in R.I. Reg. 880-RICR-00-00-02.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.7 Terms of Assessment and Payment

3.7.1Insurance Not Included

A.The Terminal Tariff Charges provided for herein do not include insurance of any kind, nor will such insurance be covered by the QDC under their policies.

3.7.2Rescinded

3.7.3Payment of Terminal Tariff Charges

A.Arrangement for Services - On each inbound or outbound cargo moving across the Port of Davisville, the responsibility for payment of Terminal Tariff Charges shall rest with those who perform the forwarding functions on such shipments unless other arrangements have been made.

B.Arrangements for Vessels - The responsibility for payment of Terminal Tariff Charges assessed against a vessel shall rest with the local agent and/or owner of such vessel, unless other arrangements have been made.

C.Payment of Invoices - Invoices are due and payable within 10 days from date of invoice. Invoices not paid within 30 days from date of invoice are subject to a 1.5% service charge per month. Credit card payments will be assessed an additional 5% fee, per transaction.

D.Advance Payments - The QDC reserves the right to estimate and collect in advance all charges, which may accrue against vessels or against cargo loaded or discharged by such vessels or from other users, of waterways and port facilities whose credit has not been properly established with the QDC. Use of facilities may be denied or cargo removed from storage until such advance payments or deposits are made.

E.Liens - Presentation of bills to vessels is done as a matter of accommodation and convenience, and shall not constitute a waiver of the lien of charges against the vessel for services or supplies furnished the vessel for which maritime law gives a lien.

F.Responsible Party - The QDC does not recognize the numerous shippers or consignees and cannot attempt to collect or assist in collecting wharfage and similar bills which may be passed on to the shippers and consignees by the vessel, its owners and agents. Charges when presented must be paid by the ship’s owner or the agent regardless, or when the vessel, its owner, or agents are reimbursed.

G.Application of Payments - The QDC reserves the right to apply any payment received against the oldest outstanding invoice. The carrier, vessel, owner, shipper, receiver, or agent who shall fail to pay any bills when due shall be placed on the delinquent list, conditions of which are defined in § 3.7.3(I) of this Part.

H.Delinquent Payments - All carriers, vessels, owners, agents, or other users of the facilities of the QDC placed on the delinquent list, in accordance with § 3.7.3(H) of this Part, shall be denied by the QDC use of the facilities or the right to remove cargo from storage until all such charges, together with any other charges due, have been paid.

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR-00-00-3 § 3.8 Terminal Tariff Charges

3.8.1Dockage Charges

A.Rates Established – Dockage charges are applicable on all vessels, and the daily rates are set forth in § 3.7.8 of this Part. The rate to be applied to SPVs will be determined by multiplying the Length Overall (LOA) in feet by the rate in dollars and cents per foot. All Non-Self-Propelled vessels shall be charged the same rate for each calendar day at berth, regardless of LOA. Cruise or passenger vessels shall be charged a rate per registered ton per calendar day at berth. The table establishes the dockage charge per calendar day at berth, and the minimum charge for one calendar day. The computation of rates is subject to all of the provisions set forth herein.

B.Billing Period – For all vessels, a period for the purposes of billing is one calendar day, regardless of the amount of time within that day that the vessel is at berth.

C.Extended Dockage – Rates for dockage period in excess of fifteen (15) days will be handled in each case by the Port Director or his or her designee, in advance, upon receipt of a Berth Application as described in the Port Rules.

D.Measurement of Vessel Length – Dockage shall be charged on the overall length of the vessel as shown in the Lloyd’s Register of Shipping. If length is not shown in the Lloyd’s Register, the vessel’s Certificate of Register will be accepted for documenting the vessel length. In all cases, QDC reserves the right to measure any vessel when deemed by it to be necessary and to use such measurements as the basis of the charge. When necessary to measure a vessel, the linear distance in feet shall be determined from the most forward point on the bow of the vessel to the after-most part of the stern of the vessel, measured as parallel to the base line of the vessel.

E.Cancellation Fee – Vessels that are 1) assigned a berth pursuant to the Port Rules; 2) do not cancel or amend their berthing applications more than 48 hours in advance of the scheduled arrival time; and 3) do not arrive within one (1) hour of their scheduled arrival time shall be charged a cancellation fee equal to the dockage charge the vessel would have otherwise paid.

3.8.2Wharfage Charges

A.The wharfage charges set forth in §3.8.8 of this Part shall apply to all cargo handled over the wharfs of the Port and shall be assessed against the consignee or its authorized agents.

3.8.3Demurrage Charges

A.Rates Established - The demurrage charges set forth in §3.8.8 of this Part shall apply to all cargo remaining in or on the Port property and not explicitly covered by tenant lease, after the expiration of free time, unless arrangements have been made for storage:

B.Uncontrolled Delay - In the event of a strike or other uncontrollable occurrence, cargo already on demurrage will remain in that category of demurrage until the situation is rectified. Upon termination of the situation, all cargo will revert to the first category of demurrage.

C.Free Time shall be granted at the discretion of the QDC, and shall not impede any other vessels and/or cargo operations. Free Time shall be allowed according to the following circumstances:

1.Loading

a.Cargo (except automobiles) may be assembled on terminals, without charge for 4 days, exclusive of Saturdays, Sundays, and legal holidays, before the arrival of vessel on which it is to be loaded.

b.Automobiles may be assembled on terminals, without charge for 7 days, exclusive of Saturdays, Sundays, and legal holidays, before the arrival of vessel on which it is to be loaded.

2.Discharging

a.Cargo (except automobiles) unloaded from a vessel may remain on the terminals, without charge for 4 days, exclusive Saturdays, Sundays and legal holidays, from the first 0700 after the vessel has completed discharging its cargo.

b.Automobiles unloaded from a vessel may remain on the terminals, without charge for 7 days, exclusive of Saturdays, Sundays, and legal holidays, from the first 0700 after the vessel has completed discharging its cargo.

3.Cargo

a.Availability of Cargo - In the event the consignee or owner of the cargo should make application for delivery of the cargo, or portion thereof, during the free time period and the terminal should be unable for any reason to make available to the consignee or owner such cargo or portion thereof, the free time shall be extended for a period equal to the terminal's inability to make the cargo available.

b.Undelivered Cargo - Cargo which is undelivered, and remains on the terminal property beyond the expiration of the free time and without regard to any charges prescribed in § 3.8.3 of this Part, may be re-located within the facility or removed to a public warehouse with all expenses and risk of damage charged against the owner, shipper, consignee, or carrier as responsibility may lie. The QDC is to have a lien on all such cargo, including that which may be placed in public storage for all terminal charges accrued.

c.Abandoned Cargo - Cargo remaining on the terminal facility in excess of forty-five (45) days will be considered abandoned and sold to satisfy any terminal charges that might be due to the QDC. Fifteen days prior to such sale, a registered return receipt letter of notice will be mailed to the owner of record. Any amount received beyond the charges due, will be forwarded to the owner of record of the cargo if claimed within one year of mailed notice.

3.8.4Off-shore Service and Construction Vessel Charges

A.Service Operation Vessels (SOVs), Platform Operation Vessels (POVs), Multi-Purpose Supply Vessels (MPSVs), Crew Transfer Vessels (CTVs) and all other vessels servicing offshore installations (collectively, Off-Shore Service and Construction Vessels), shall be assessed dockage fees as set forth in § 3.8.8 of this Part. Off-Shore Service and Construction Vessels shall be assessed by time spent at berth.

B.The charge for Off-Shore Service and Construction Vessels includes security and port operation fees, day/night differential fees, weekday/weekend differential fees and wharfage. Specifically, the loading and offloading of ships stores, supplies, food, equipment, machinery, cargo including containers shall not incur wharfage charges.

C.The Off-Shore Wind Service and Construction Vessel charge does not include use of any QDC-owned crane.

D.Ships’ crew and workers going to and from an offshore installation or construction area shall not be charged a passenger fee.

3.8.5Port Security and Operations Charges

A.Rates Established - All berthing vessels shall be assessed Port Security Charges as forth in § 3.8.8 of this Part

B.Port Security Charges are billed based on length of use of the Port and whether such use occurs on a weekday or a holiday, as defined in the Port Rules. If any portion of a vessels time at Port falls on a weekend day or holiday, the vessel will be billed at the higher rate for the entire time of use.

C.Use of any Port facility outside of the normal business hours, as such hours are defined in § 2.10(B) of this Title shall be assessed an hourly Port Operations Fee as set forth in § 3.8.8 of this Part.

3.8.6Crane Service and Hire

A.Rates Established - The rates for use of QDC-owned cranes shall be assessed as set forth in § 3.8.8 of this Part.

B.QDC Crane Operator - The rate for hiring a QDC crane operator shall be assessed as set forth in § 3.8.8 of this Part.

C.Crane Operator - All firms providing crane service at the Port shall be assessed 10% of gross rentals based on the equipment usage with a minimum charge of $500.00, exclusive of manpower required to operate said equipment, for the privilege of using the QDC property and all such firms will furnish the QDC a monthly report of their activities at the Port for billing purposes. Firms leasing property at the Port from the QDC are excluded from the above charge.

3.8.7Miscellaneous Fees and Service Charges

A.Water - Water will be furnished to vessels at the current rate per thousand gallons of usage as well as a connection charge set forth in § 3.8.8 of this Part, assessed against the agent. These rates and charges are subject to change from time to time by the QDC. Current rates are available on the “Utilities and Infrastructure” page at www.quonset.com.

B.Truck Charges - Loading or unloading of cargo manifested outside the State of Rhode Island shall be assessed as set forth in § 3.8.8 of this Part.

C.Dangerous Cargo - Wharfage and dockage of hazardous materials shall be charged in the same manner as other cargo, except that a minimum charge shall apply as set forth in § 3.8.8 of this Part.

D. Passenger Fees - Passengers embarking or debarking from shore to ship or ship to shore at any stationary structure within the Port, such as a wharf, pier, quay, or landing, shall be assessed as set forth in § 3.8.8 of this Part. Steamship company officials, only when traveling aboard their own ships, are exempt from payment of passenger fees.

E.Spill – A penalty for spills of fluids deemed pollutants will be assessed against the vessel per incident for each violation noted by QDC set forth in § § 3.8.8 of this Part, plus the cost of clean-up by a contractor designated by the U.S. Coast Guard and/or the QDC.

F.Failure to Depart Berth – A penalty for noncompliance with the requirements of a berth assignment, as outlined in the Port Rules, shall be assessed a fee for each hour of noncompliance as set forth in set forth in § 3.8.8 of this Part.

G.Non-Emailed Berth Application – Berth applications that are faxed, hand delivered, or conveyed by any means other than email will be subject to a fee set forth in § 3.8.8 of this Part.

H.Berth Application Amendments – For each amendment to a berth application after the second amendment (i.e. third amendments and any additional amendments) shall be charged a fee as set forth in § 3.8.8 of this Part.

I.Failure to Provide Information – Failure to provide information as required by § 2.10.1(C) of this Title shall result in assessment of a fee set forth in § 3.8.8 of this Part.

3.8.8Terminal Tariff Schedule

A.The rates set forth in the schedule contained herein shall be applicable for Fiscal Year 2025 (beginning on the effective date of this Part), Fiscal Year 2026, and Fiscal Year 2027, as outlined below. Beginning in Fiscal Year 2028 (on July 1, 2027) and for every Fiscal Year thereafter, the rates herein shall increase by the greater of (i) 2.5%; or (ii) the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year. (For example, for the increase due to be effective on July 1, 2027, the change from January 1, 2026 through December 31, 2026 will be used to calculate the increase for the Fiscal Year.) For future years, the rate will be rounded to the nearest ten-cent ($0.10) increment. QDC shall set and publish the new rate schedule prior to the start of each Fiscal Year. QDC, in its sole discretion, may opt out of the fee increase for any Fiscal Year.

SERVICE

FY 25 RATE

FY 26 RATE

FY 27 RATE

Refer to Section

DOCKAGE

1.1

Self-Propelled VSL > 450' LOA / Foot / 24 hours

$5.51

$5.90

$6.31

3.8.1.A

1.2

Self-Propelled VSL > 450' LOA – Minimum Charge

$2,479.73

$2,653.31

$2,839.04

3.8.1.A

1.3

Self-Propelled VSL < or = 450' LOA / Foot / 24 hours

$4.41

$4.72

$5.05

3.8.1.A

1.4

Self-Propelled VSL < or = 450' LOA – Minimum Charge

$267.50

$286.23

$306.26

3.8.1.A

1.5

Self-Propelled VSL in Idle Status / 24 hours

$551.05

$589.62

$630.90

3.8.1.A

1.6

Non-Self-Propelled VSL / 24 hours

$802.50

$858.68

$918.78

3.8.1.A

1.7

Cruise or Passenger VSL / net registered ton / 24 hours

$0.44

$0.47

$0.50

3.8.1.A

WHARFAGE

2.1

Unboxed Automobiles (cars, pickups, SUVs) / unit

$4.39

$4.69

$5.02

3.8.2

2.2

Rubber Tired Self-Propelled RORO < 23' LOA / unit

$7.00

3.8.2

2.3

Rubber Tired Self-Propelled RORO > 23' LOA / unit

$14.00

3.8.2

2.4

Rubber Tired Self-Propelled RORO > 45' LOA and / or > 9' wide / unit

$21.00

3.8.2

2.5

Dry or Liquid Bulk - as arranged, Minimum Charge

$267.50

$286.23

$306.26

3.8.2

2.6

Container - On terminal Stripped / Stuffed‎> or = 40' / container

$35.27

$37.74

$40.38

3.8.2

2.7

Container - On terminal Stripped / Stuffed‎< or = 40' / container

$27.55

$29.48

$31.54

3.8.2

2.8

Container - Off terminal Stripped / Stuffed‎> or = 40' / container

$36.65

$39.21

$41.96

3.8.2

2.9

Container - Off terminal Stripped / Stuffed‎< or = 40' / container

$30.86

$33.02

$35.33

3.8.2

2.10

Empty Container / container

$14.69

$15.72

$16.82

3.8.2

2.11

General Cargo - NOS / ton

$1.47

$1.57

$1.68

3.8.2

2.12

General Cargo - NOS – Minimum Charge

$267.50

$286.23

$306.26

3.8.2

2.13

Lumber per 1,000 feet board

$1.24

$1.33

$1.42

3.8.2

2.14

Lumber, Minimum Charge

$267.50

$286.23

$306.26

3.8.2

2.15

Steel - Greater of per ton or per 40 CFT

$1.40

$1.50

$1.60

3.8.2

2.16

Steel Minimum

$267.50

$286.23

$306.26

3.8.2

Demurrage

3.1

Covered Areas per item per day for the 1st two days

$4.41

$4.72

$5.05

3.8.3

3.2

Covered Areas per item per day for days 3 through 6

$7.35

$7.87

$8.42

3.8.3

3.3

Covered Areas per item per day for days 7+

$14.69

$15.72

$16.82

3.8.3

3.4

Uncovered Areas per item per day for the 1st two days

$2.94

$3.15

$3.37

3.8.3

3.5

Uncovered Areas per item per day for days 3 through 6

$5.87

$6.29

$6.73

3.8.3

3.6

Uncovered Areas per item per day for days 7+

$11.76

$12.58

$13.46

3.8.3

OFF-SHORE SERVICE & CONSTRUCTION VESSELS

4.1

Offshore Wind Vessels > 250' LOA / 24 hours

$4,500.00

3.8.4

4.2

Offshore Wind Vessels > 125' LOA and < 250' LOA / 24 hours

$3,500.00

3.8.4

4.3

Offshore Wind Vessels < 125' LOA, docked for > or = 8 hours and up to 24 hours

$2,500.00

3.8.4

4.4

Offshore Wind Vessels < 125' LOA, docked for < 8 hours

$1,000.00

3.8.4

SERVICE CHARGES

5.1

Port Security - Weekday Rate < 9 hours

$465.45

$498.03

$532.89

3.8.5

5.2

Port Security - Weekday Rate > 9 hours

$1,605.00

$1,717.35

$1,837.56

3.8.5

5.3

Port Security - Weekend / Holiday Rate < 9 hours

$695.50

$744.19

$796.28

3.8.5

5.4

Port Security - Weekend / Holiday Rate > 9 hours

$1,872.50

$2,003.58

$2,143.83

3.8.5

5.5

Port Operations Fee

$69.55

$74.42

$79.63

3.8.5

5.6

Crane hire, Mobile Harbour Crane / Hour (Plus Fuel)

$500.00

$525.00

$550.00

3.8.6

5.7

Crane hire, Rough Terrain Crane / Hour (Plus Fuel)

$350.00

$375.00

$400.00

3.8.6

5.8

Crane Operator / Hour

$50

$55

$60

3.8.6

5.9

Crane Operator - Minimum

$535.00

$572.45

$612.52

3.8.6

5.10

Mobile Harbour Crane Fuel Surcharge / Hour of Use

$125.00

3.8.6

5.11

Rough Terrain Crane Fuel Surcharge / Hour of Use

$75

3.8.6

5.12

Water Connection Charge (Plus Usage)

$214.00

$228.98

$245.01

3.8.7.A

5.13

Truck Loading or Unloading / Vehicle Manifested Outside of Rhode IslandI

$10.70

$11.45

$12.25

3.8.7.B

5.14

Haz-Mat Cargo Wharfage Fee, Minimum Charge

$1,070.00

$1,144.90

$1,225.04

3.8.7.C

5.15

Haz-Mat Cargo Dockage Fee, Minimum Charge

$1,070.00

$1,144.90

$1,225.04

3.8.7.C

5.16

Passenger Embarking or Debarking / Passenger (other than those listed separately, below)

$5.82

$6.23

$6.66

3.8.7.D

5.17

Passenger Under 12 Years Old / Passenger

$1.83

$1.96

$2.09

3.8.7.D

5.18

Passenger in Transit

$4.40

$4.71

$5.03

3.8.7.D

5.19

Cruise Ship Passenger - No Cabin / Passenger

$4.40

$4.71

$5.03

3.8.7.D

5.20

Cruise Ship Passenger - No Cabin - Under 12 Y.O. / Passenger

$2.93

$3.14

$3.36

3.8.7.D

PENALTIES

6.1

Non-Emailed Berth Application

$267.50

$286.23

$306.26

3.8.7.G

6.2

Fee for Third Change to Berth Application

$267.50

$286.23

$306.26

3.8.7.H

6.3

Hourly charge for Noncompliance with Berth Assignment

$107.00

$114.49

$122.50

3.8.7.F

6.4

Spill Penalty per Incidence

$1,070.00

$1,144.90

$1,225.04

3.8.7.E

6.5

Fee for Failure to Provide Information per Incidence (Percentage of All Other Charges for Use Event)

10%

3.8.7.I

History

Amendment — effective from 2025-05-11 to current
Periodic Refile — effective from 2022-01-04 to 05/11/2025
Technical Revision — effective from 2017-11-27 to 01/04/2022
Amendment — effective from 2017-11-27 to 11/27/2017
Adoption — effective from 2015-07-01 to 11/27/2017

880-RICR — Quonset Development Corporation

Chapter 00

Subchapter 00

880-RICR-00-00-01 Principles and Policies of the Quonset Development Corporation for the Procurement of Supplies and Services

880-RICR-00-00-01 § 1.1 Purpose

880-RICR-00-00-01 § 1.2 Authority

880-RICR-00-00-01 § 1.3 Definitions

880-RICR-00-00-01 § 1.4 Application of Rules

880-RICR-00-00-01 § 1.5 Procurement Decisions of the Corporation

880-RICR-00-00-01 § 1.6 Source Selection

880-RICR-00-00-01 § 1.7 Cancellation of Invitation for Bids and Requests for Proposals.

880-RICR-00-00-01 § 1.8 Responsibility of Bidders and Offerors.

880-RICR-00-00-01 § 1.9 Contracts

880-RICR-00-00-01 § 1.10 Reporting of Anti-Competitive Practices

880-RICR-00-00-01 § 1.11 Cost and Pricing Principle

880-RICR-00-00-01 § 1.12 Architectural, Engineering and Professional Consultant Services

880-RICR-00-00-01 § 1.13 Legal Services

880-RICR-00-00-01 § 1.14 Resolution of Protests of Solicitations and Awards

880-RICR-00-00-01 § 1.15 Debarment and Suspension

880-RICR-00-00-01 § 1.16 Equal Employment Opportunity

880-RICR-00-00-2 Rules and Regulations for the Use of the Port of Davisville, Rhode Island, USA Marine Terminals and Associated Facilities

880-RICR-00-00-2 § 2.1 Purpose

880-RICR-00-00-2 § 2.2 Authority

880-RICR-00-00-2 § 2.3 Compliance with Government Regulations

880-RICR-00-00-2 § 2.4 Incorporated Materials

880-RICR-00-00-2 § 2.5 Applicability

880-RICR-00-00-2 § 2.6 Definitions and Abbreviations

880-RICR-00-00-2 § 2.7 Port Access

880-RICR-00-00-2 § 2.8 Permits and Inspections

880-RICR-00-00-2 § 2.9 Conduct

880-RICR-00-00-2 § 2.10 Use of Facilities

880-RICR-00-00-2 § 2.11 Vessel / Lay Berth

880-RICR-00-00-2 § 2.12 Port Safety / Security

880-RICR-00-00-2 § 2.13 Stevedoring

880-RICR-00-00-2 § 2.14 Crane Usage and Operation

880-RICR-00-00-2 § 2.15 Miscellaneous Rules and Regulations

880-RICR-00-00-3 Terminal Tariff Schedule

880-RICR-00-00-3 § 3.1 Scope and Applicability

880-RICR-00-00-3 § 3.2 Authority

880-RICR-00-00-3 § 3.3 Incorporated Materials

880-RICR-00-00-3 § 3.4 Definitions and Abbreviations

880-RICR-00-00-3 § 3.5 Rescinded.

880-RICR-00-00-3 § 3.6 Use of Facilities

880-RICR-00-00-3 § 3.7 Terms of Assessment and Payment

880-RICR-00-00-3 § 3.8 Terminal Tariff Charges

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