§ 2-1102. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Actual offeror means any firm that has submitted a bid or proposal in response to the particular solicitation in question. Individual joint venturers, subcontractors, subconsultants, or individuals or entities comprising a part of the bidder or proponent team are not actual offerors.

Annual contract means any contract entered into for a period of one year or multiple one-year periods (including options to renew for additional one year periods), with a contractor, to provide the city upon request with a specified product or service at a predetermined rate or price.

Award means when legislation authorizing the award of the contract has been adopted by the council and approved by the Mayor, provided, however, that the contract will not become binding upon the city and the city will incur no liability under it until it has been duly executed by the contractor, returned to the city with all required submittals, including insurance and bonding, if applicable, executed by the Mayor, attested to by the municipal clerk, approved by the city attorney as to form and delivered to the contractor.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, firm or any other private legal entity.

Change order (unilateral) means a written order signed and unilaterally issued by the chief procurement officer or other authorized individual, directing the contractor to make changes that the changes clause of the contract authorizes without the consent of the contractor.

Chief procurement officer means the person holding the position created in and governed by code sections 2-222, 2-250, 2-251, 2-252 and division 2 of this article, and any other Charter or Code provisions applicable.

Clock calibration means coordination of the bid clock with the time as indicated by the National Bureau of Standards.

Construction means the process of building, altering, repairing, remodeling, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of structures, buildings or real property.

Contract means all types of city agreements, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction, professional or consultant services and for the transfer of interests in real property.

Contract modification or change order means any written alteration in specifications, delivery point, time and rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.

Contractor means any person having a contract with the city.

Cost analysis means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed.

Cost data means factual information concerning the cost of labor, material, overhead and other cost elements that are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

Cost reimbursement contract means a contract under which a contractor is reimbursed for costs, which are allowable and allocable in accordance with the contract terms and this article, and a fee or profit, if any.

Data means recorded information, regardless of form or characteristics.

Days means calendar days. In computing any period of time prescribed by the procurement code, the first day shall not be counted but the last day shall be counted. If the last day falls on a Saturday or Sunday, the party shall have through the following Monday. When the last day falls on a legal holiday observed by the city, the party shall have through the next day.

Designee means a duly authorized representative of a person.

Discussions means an exchange of information or other manner of negotiation during which the offeror and the city may alter or otherwise change the conditions, terms and price of the proposed contract. Discussions may be conducted in connection with competitive sealed proposals, sole source and emergency procurement. Discussions are not permissible in competitive sealed bidding, except to the extent permissible in the first phase of multi-step sealed bidding, when all competitive bids exceed available funds but the responsive bid does not exceed such funds by more than five percent or as otherwise permitted by applicable law.

Employee means an individual drawing a salary or compensation from the city, whether elected or not.

Firm means any individual, partnership, corporation, association, joint venture or other legal entity permitted by law to practice or offer professional or consultant services.

Grant agreement means any written agreement between the city and a grantor, or donor, or a proposed grant recipient, or beneficiary, which states in specific terms the amount and purposes of the grant, the conditions of the grant, if any, and pursuant to which a grant award is disbursed or otherwise satisfied. A grant agreement may also relate to gifts, bequests or donations.

Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.

Prequalification means the determination that a prospective offeror satisfies the criteria established for inclusion on the prequalified offeror's list.

Price analysis means the evaluation of price data, without price analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

Price data means factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices. The definition refers to data relevant to both prime and subcontract prices.

Procurement means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including a description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration.

Professional and consultant services means those services within the scope of the practices of architecture, investment banking, professional engineering, planning, landscape architecture, land surveying, the medical arts, management and analysis, accounting or auditing, law, psychology or any other similar kind or type of professional practice. For purposes of this division, professional and consultant services shall not include investment management services.

Proposal means solicited submission of information from a prospective offeror in accordance with the terms of the applicable request for proposals and applicable law.

Purchase description means the words used in a solicitation to describe the supplies, services or construction to be purchased, including specifications attached to or made a part of the solicitation.

Purchase order means a short form of contract which is issued by the chief procurement officer at the written request of the using agency for the procurement of supplies, goods or services.

Qualified products list means an approved list of supplies, services or construction items described by model or catalogue numbers that, prior to competitive solicitation, the city has determined will meet the applicable specification requirements.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible offeror means any person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good faith performance.

Responsive offeror means a person who has submitted an offer that conforms in all material respects to the invitation for bids or request for proposals.

Solicitation means an invitation for bids, a request for proposals, a request for quotations or any other document issued by the city concerning its soliciting bids or proposals to perform a city contract or purchase order.

Service means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance.

Supplies means all property, including, but not limited to, equipment, materials, printing, insurance and leases of real property, excluding land or a permanent interest in land.

Using agency means any city entity that utilizes any supplies, services, construction, professional or consultant services, real property and leases procured under this article.

(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)