3-101.01
Definition of Terms Used in this Chapter
(a)
Award is the acceptance by
an agency of a bid or proposal submitted by a vendor with the intention of
entering into a contract for services.
(b)
Bid shall be defined as an
offer submitted by a prospective contractor in response to an Invitation for
Bid.
(c)
Capability
as used in Section 3-101.01 (r) (Definitions, Responsible Bidder or Offeror),
means capability at the time of award of the contract.
(d)
Contract Worker, for
purposes of these regulations, is a worker under contract with the State who
meets the requirements for a contract worker under the Internal Revenue Code.
(See Appendix C)
(e)
Cost
analysis is 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.
(f)
Cost Data is information
concerning the actual or estimated cost of labor, material, overhead, and other
cost elements which have been actually incurred or which are expected to be
incurred by the contractor in performing the contract.
(g)
Cost-Reimbursement Contract
means a contract under which a contractor is reimbursed for costs which are
allowable and allocable in accordance with contract terms and the provisions of
these regulations, and may receive a fee.
(h)
Discussions, as used in the
source selection process, means an exchange of information or other manner of
negotiation during which the offeror and the State 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).
(i)
Fixed Price Contract means a contract providing for a firm price,
or a price that may be adjusted only in accordance with contract clauses
providing for revision of the contract price under stated circumstances.
(j)
Invitation for
Bid means all documents, whether attached or incorporated by reference,
utilized for soliciting bids.
(k)
Net-of-Fee Contract means a contract in which there is no
expenditure of state funds from any funding source (state, federal or other).
(l)
Prequalification for
Inclusion on Bidders Lists means determining in accordance with Section
3-402 (Prequalification of Suppliers) that a prospective bidder or offeror
satisfies the criteria established for being included on the bidders list.
(m)
Price Analysis is
the evaluation of price data, without 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.
(n)
Price Data is factual
information concerning prices, including profit, for supplies services, or
construction substantially similar to those being procured. In this definition,
"prices" refer to offered or proposed selling prices, historical selling
prices, and current selling prices of such items. This definition refers to
data relevant to both prime and subcontract prices.
(o)
Proposal is the document
submitted by the offeror in response to a Request for Proposal to be used as
the basis for negotiations for entering into a contract. A proposal is usually
requested in cases where the selection of a contractor is to be made on the
basis of the performance that is offered rather than on that of price alone and
may require an outline of details such as the vendor's qualifications and
experience and the identification of problems and proposed solutions in
addition to details of price.
(p)
Purchase Description means the words used in a solicitation to
describe the services to be purchased and includes the statement of work or
deliverables attached to, or made a part of, the solicitation.
(q)
Request for Proposal means
all documents, whether attached or incorporated by reference, utilized for
soliciting proposals.
(r)
Responsible Bidder or Offeror means a person who has the
capability in all respects to perform fully the contract requirements and the
integrity and reliability which will assure good faith performance.
(s)
Responsive Bidder or Offeror
means a person who has submitted a bid which conforms in all material respects
to the Invitation for Bid or the Request for Proposal.
(t)
Solicitation means an
Invitation for Bid, a Request for Proposal, a request for quotations, or any
other document issued by the State for the purpose of soliciting bids or
proposals to perform a state contract.
(u)
Suppliers, as used in
Section 3-402 (Prequalification of Suppliers), means prospective bidders or
offerors.
