§ 37-27-2. Definitions.
For the purposes of this chapter, unless the context clearly requires otherwise:
(1) "Bid rigging� means an intentional and concerted activity of two (2) or more persons
to predetermine the winning bidder of a contract proposed, offered, or otherwise submitted
for competitive bidding by a government entity including, but not limited to, a contract
proposed, offered, or otherwise submitted for competitive bidding in violation of
processes set forth pursuant to law, regulation, or ordinance, including, but not
limited to, procurement processes established pursuant to chapter 2 of this title
or chapter 55 of title 45, or regulations promulgated thereto:
(i) "Bid rigging� includes, but is not limited to, any one or more of the following:
(A) Price fixing;
(B) Submitting identical bids;
(C) Rotating bids;
(D) Sharing profits with a contractor who does not submit the low bid;
(E) Submitting prearranged bids, agreed-upon higher or lower bids, or other complementary
bids;
(F) Dividing up territories to restrict competition; and/or
(G) Not submitting a bid;
(ii) Notwithstanding other provisions of this chapter, it is not unlawful for the same
person to simultaneously submit bids for the same work, or a portion thereof, as a
proposed prime contractor and subcontractor.
(2) "Debarment� means the exclusion from all state procurements and termination of existing
or outstanding contracts.
(3) "Government entity� means any department, commission, council, board, bureau, committee,
institution, legislative body, agency, or government corporation of the executive,
legislative, or judicial branches of state, and/or local governments including, but
not limited to, those entities defined in § 37-2-7 relating to state governmental entities, public agencies, state agencies, and governmental
entities.
(4) "Person� means an individual or a firm, association, organization, business trust,
company, corporation, joint venture, partnership, proprietorship, or other business
entity, whether or not for profit, and any government or public entity.
(5) "Prime contractor� means any person who has entered into a public contract.