Or. Admin. Code § 137-045-0010 - Definitions
The following definitions apply to OAR chapter 137, division 045:
(1) "Agency" means " State
agency" as defined in ORS 291.045.
(2) "Agency Contract Administration" means an
action undertaken by an Agency in accordance with the terms of a Public
Contract that does not amend the terms of a Public Contract other than as set
forth in subsections (b) or (c) below. Agency Contract Administration does not
include an assignment of rights or delegation of duties under a Public Contract
to a third party. Examples of Agency Contract Administration include, but are
not limited to, actions that result in:
(a) A
notice to proceed, the exercise of an option, or any other exercise of a
contractual right, whereby the Agency causes a Public Contract to be
implemented in accordance with its terms;
(b) Changes only to named individuals and
their contact information, such as authorized representatives, project managers
or key persons even if those names and contact information are contained in the
Public Contract; or
(c) Changes to
correct typographical or other unintentional mistakes made in the drafting of a
contract, or changes to correct the identifying information of the Public
Contract used by the agency for administrative purposes, such as the agency's
contract number.
(3)
"Architectural and Engineering Services Contract" means a Public Contract for
architectural, engineering, photogrammetric mapping, transportation planning or
land surveying services as defined in ORS 279C.100(2) or related services as
defined in 279C.100(8).
(4)
"Assistant Attorney General" means a person appointed by the Attorney General
under ORS Chapter 180 as an Assistant Attorney General or as a Special
Assistant Attorney General and who is authorized in writing by the Chief
Counsel, General Counsel Division, to review and approve Public Contracts for
legal sufficiency. Such authorization may be limited by the Public Contract
type and amount.
(5) "Attorney in
Charge of the Business Transactions Section" means the Assistant Attorney
General the Attorney General appoints as Attorney in Charge of the Business
Transactions Section, General Counsel Division, Department of Justice or an
alternate designated by the Chief Counsel of the General Counsel
Division.
(6) "Attorney General"
means the Attorney General of the State of Oregon.
(7) "Chief Counsel of the General Counsel
Division" means the Assistant Attorney General the Attorney General appoints as
Chief Counsel of the General Counsel Division, Department of Justice or an
alternate designated by the Attorney General.
(8) "Cloud Service" means Internet-based
computer services, including but not limited to, computer hosting, processing
resources, application services, and data storage and access.
(9) "Emergency" means circumstances that
could not have been reasonably foreseen and that create a substantial risk of
loss, damage to property, interruption of services or threat to public health
or safety and require prompt execution of a Public Contract to deal with the
risk.
(10) "Federal Cooperative
Agreement" means a Public Contract under which an Agency receives money or
property from a federal agency for the purpose of supporting or stimulating an
Agency program or activity and substantial involvement is expected between the
federal agency and the Agency when carrying out the program or activity
contemplated in the agreement. A Federal Cooperative Agreement does not include
a procurement contract under 31 U.S.C. section 6303.
(11) "Grant" means:
(a) A Public Contract under which an Agency
receives money, property or other value from a grantor for the purpose of
supporting or stimulating an Agency program or activity, and in which no
substantial involvement by grantor is anticipated in the contemplated program
or activity other than activities associated with monitoring compliance with
Grant conditions; or
(b) A Public
Contract under which an Agency provides money, property or other value to a
recipient for the purpose of supporting or stimulating a program or activity of
the recipient, and in which no substantial involvement by Agency is anticipated
in the contemplated program or activity other than activities associated with
monitoring compliance with Grant conditions.
(12) "Information Technology " means goods or
services, including a Cloud Service, that include but are not limited to all
present and future forms of hardware, software, and services for data
processing, office automation, and telecommunications, and maintenance and
support for any of the foregoing.
(13) "Interagency Agreement" means any
agreement solely between state officers, boards, commissions, departments,
institutions, branches, or Agencies of this state.
(14) "Intergovernmental Agreement" means any
agreement between an Agency and a unit of local government of this state, a
public university listed in ORS 352.002, the United States, a United States
governmental agency, an American Indian tribe or an agency of an American
Indian tribe and includes Interstate Agreements and International
Agreements.
(15) "International
Agreement" means any agreement between an Agency and a nation or a public
agency in any nation other than the United States.
(16) "Interstate Agreement" means any
agreement between an Agency and a unit of local government or state agency of
another state.
(17) "Last Reviewed
Contract" means a Public Contract that has been approved for legal sufficiency
and includes all amendments that were effective prior to an amendment that has
been approved for legal sufficiency.
(18) "Non-Negotiable Public Contract" means a
Public Contract that a) offers terms and conditions to an Agency without a
commercially reasonable opportunity to negotiate, b) is attached to or included
with goods or services available to the general public, and c) immediately
becomes legally binding upon an Agency's use of the goods or services. A
Non-Negotiable Public Contract may include, but is not limited to, Information
Technology license agreements attached to or included with packaged or
electronic copies of computer software.
(19) "Personal Services Contract" means a
contract whose primary purpose is to acquire specialized skills, knowledge and
resources in the application of technical or scientific expertise, or the
exercise of professional, artistic or management discretion or judgment,
including, without limitation, a contract for the services of an accountant,
physician or dentist, educator, consultant (including a provider under an
Architectural and Engineering Services Contract), broadcaster, or artist
(including a photographer, filmmaker, painter, weaver or sculptor).
(20) "Price Agreement" means an agreement,
which may or may not be a binding contract, for the procurement of goods or
services at a set price or prices, or at a price or prices established using a
method prescribed by the agreement, which:
(a)
May or may not provide a guarantee of a minimum or maximum purchase;
or
(b) May provide for an initial
order or minimum purchase combined with a continuing obligation to provide
goods or services with no guarantee of a minimum or maximum additional
purchase. Price Agreements are sometimes referred to as flexible services
agreements, agreements to agree, master agreements, or retainer
agreements.
(21)
"Procurement Documents" means documents issued by an Agency defining the
procurement process or soliciting offers from prospective contractors to enter
into a Public Contract or a Price Agreement. "Procurement Documents" includes
an invitation to bid, request for proposals, request for quotes, including
request for quotes issued to one or more vendors who are parties to existing
Price Agreements for the desired goods or services, or other similar document,
including any associated exhibits, attachments, addenda, and the anticipated
Public Contract. Special procurements for which public notice is required under
ORS 279B.085(5) are Procurement Documents. The following are not Procurement
Documents unless they invite offers from prospective contractors: a request for
information, a request for qualifications, a prequalification of bidders, or a
request for product prequalification.
(22) "Public Contract" means any contract,
including any amendments, entered into by an Agency for the acquisition,
disposition, purchase, exchange, lease, sale or transfer of rights of real or
personal property, public improvements, or services, including any contract for
repair or maintenance. An Intergovernmental Agreement entered into for any of
the foregoing actions is a Public Contract. A Grant is a Public Contract. An
Interagency Agreement is not a Public Contract. Agency Contract Administration
is not a Public Contract.
(23)
"Public Improvement Contract" means any Public Contract for construction,
reconstruction, or major renovation on real property by or for an
Agency.
(24) "Public Works" has the
meaning set forth in ORS 279C.800(6).
(25) "Statement of Work" means all provisions
of a Public Contract that expressly describe the services or activities to be
performed or the goods to be delivered under the Public Contract, including any
related Technical Specifications, deadlines, milestones, deliverables and
delivery dates.
(26) "Technical
Specifications" with respect to equipment, materials and goods, means
descriptions of dimensions, composition and manufacturer and quantities and
units of measurement that describe quality, performance, and acceptance
requirements. With respect to services, "Technical Specifications" means
quantities and units of measurement that describe quality, performance and
acceptance requirements.
(27)
"Telecommunications" means hardware, software and services for transmitting
voice, data, video and images over a distance.
Notes
Statutory/Other Authority: ORS 291.047(3)
Statutes/Other Implemented: ORS 291.045, 291.047 & 291.049
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