Or. Admin. Code § 137-046-0110 - Definitions for the Model Rules
Unless the context of a specifically applicable definition in the Code requires otherwise, capitalized terms used in the Model Rules have the meaning set forth in the division of the Model Rules in which they appear, and if not defined there, the meaning set forth in these division 46 rules, and if not defined here, the meaning set forth in the Code. The following terms, when capitalized in these Model Rules, have the meaning given below:
(1) "Addendum" or "Addenda" means an addition
to, deletion from, a material change in, or general interest explanation of a
Solicitation Document.
(2)
"Administering Contracting Agency" has the meaning set forth in ORS
279A.200(1)(a) and for Interstate Cooperative Procurements includes the
entities specified in ORS 279A.220(4).
(3) "Award" means, as the context requires,
either identifying or the Contracting Agency's identification of the Person
with whom the Contracting Agency intends to enter into a Contract following the
resolution of any protest of the Contracting Agency's se election of that
Person and the completion of all Contract negotiations.
(4) "Benefit company" means a corporation or
a limited liability company that is incorporated, organized, formed or created
under ORS 60.754 and the corporation's articles of incorporation state that the
corporation is a benefit company subject to ORS 60.750 to 60.770.
(5) "Bid" means a Written response to an
Invitation to Bid.
(6) "Closing"
means the date and time specified in a Solicitation Document as the deadline
for submitting Offers.
(7) "Code"
means the Public Contracting Code.
(8) "Competitive Range" means the Proposers
with whom the Contracting Agency will conduct discussions or negotiations if
the Contracting Agency intends to conduct discussions or negotiations in
accordance with OAR 137-047-0261 or 137-049-0650.
(9) "Contract" means a contract for sale or
other disposal, or a purchase, lease, rental or other acquisition, by a
Contracting Agency of personal property, services, including personal services,
public improvements, public works, minor alterations, or ordinary repair or
maintenance necessary to preserve a public improvement. "Contract" does not
include grants.
(10) "Contract
Price" means, as the context requires, the maximum monetary obligation that a
Contracting Agency either will or may incur under a Contract, including
bonuses, incentives and contingency amounts, if the Contractor fully performs
under the Contract.
(11) "Contract
Review Authority" means:
(a) For State
Contracting Agencies, generally the Director of the Oregon Department of
Administrative Services;
(b) For
Local Contracting Agencies, the Local Contracting Agency's Local Contract
Review Board determined as specified in ORS 279A.060; and
(c) Where specified by statute, the Director
of the Oregon Department of Transportation.
(12) "Contractor" means the Person, including
a Consultant as defined in OAR 137-048-0110(1), with whom a Contracting Agency
enters into a Contract.
(13)
"Descriptive Literature" means Written information submitted with the Offer
that addresses the Goods and Services included in the Offer.
(14) "Disqualification" means a
disqualification, suspension or debarment under ORS 200.065, 200.075 or
279A.110.
(15) "Electronic
Advertisement" means a Contracting Agency's Solicitation Document, Request for
Quotes, request for information or other document inviting participation in the
Contracting Agency's Procurements made available over the Internet via:
(a) The World Wide Web or some other Internet
protocol; or
(b) A Contracting
Agency's Electronic Procurement System.
(16) "Electronic Offer" means a response to a
Contracting Agency's Solicitation Document or Request for Quotes submitted to a
Contracting Agency via:
(a) The World Wide Web
or some other Internet protocol; or
(b) A Contracting Agency's Electronic
Procurement System.
(17)
"Electronic Procurement System" means an information system that Persons may
access through the Internet using the World Wide Web or some other Internet
protocol or that Persons may otherwise remotely access using a computer, that
enables Persons to send Electronic Offers and a Contracting Agency to post
Electronic Advertisements, receive Electronic Offers, and conduct other
activities related to a Procurement.
(18) "Invitation to Bid" or "ITB" means the
Solicitation Document issued to invite Offers from prospective Contractors
under either ORS 279B.055 or 279C.335.
(19) "Model Rules" means the Attorney
General's model rules of procedure for Public Contracting as required under ORS
279A.065.
(20) "Offer" means a
Written offer to provide Goods or Services in response to a Solicitation
Document.
(21) "Offeror" means a
Person who submits an Offer.
(22)
"Opening" means the date, time and place specified in the Solicitation Document
for the public opening of Offers.
(23) "Person" means any of the following with
legal capacity to enter into a Contract: individual, corporation, business
trust, estate, trust, partnership, limited liability company, association,
joint venture, governmental agency, public corporation or any other legal or
commercial entity.
(24) "Personal
Services" as used in division 47 and as used in division 46 when applicable to
division 47 means the services performed under a Personal Services Contract.
"Personal Services" as used in division 48 and division 49, and as used in this
division 46 when applicable to division 48 or division 49, or both, has the
meaning set forth in ORS 279C.100.
(25) "Personal Services Contract" means:
(a) For a Local Contracting Agency, a
Contract or member of a class of Contracts, other than a Contract for the
services of an Architect, Engineer, Land Surveyor or Provider of Related
Services (as defined in ORS 279C.100), that the Local Contracting Agency's
Local Contract Review Board has designated as a personal services contract
pursuant to ORS 279A.055; or
(b)
For a State Contracting Agency, a Contract, or member of a class of Contracts,
other than a Contract for the services of an Architect, Engineer, Land Surveyor
or Provider of Related Services (as defined in ORS 279C.100), 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, broadcaster or artist (including a photographer,
filmmaker, painter, weaver or sculptor).
(26) "Product Sample" means the exact Goods
or a representative portion of the Goods offered in an Offer, or the Goods
requested in the Solicitation Document as a sample.
(27) "Proposal" means a Written response to a
Request for Proposals.
(28)
"Recycled Materials" means recycled paper (as defined in ORS 279A.010(1)(gg)),
recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled
plastic resin products and recycled products (as defined in ORS
279A.010(1)(ii)).
(29) "Request for
Qualifications" or "RFQ" means a Written document issued by a Contracting
Agency to which Contractors respond in Writing by describing their experience
with and qualifications for the Services, Personal Services or Architectural,
Engineering or Land Surveying Services, or Related Services, described in the
document.
(30) "Request for Quotes"
means a Written or oral request for prices, rates or other conditions under
which a potential Contractor would provide Goods or perform Services, Personal
Services or Public Improvements described in the request.
(31) "Responsible" means meeting the
standards set forth in OAR 137-047-0640 or 137-049-0390(2), and not debarred or
disqualified by the Contracting Agency under OAR 137-047-0575 or
137-049-0370.
(32) "Responsible
Offeror" means, as the context requires, a Responsible Bidder, Responsible
Proposer or a Person who has submitted an Offer and meets the standards set
forth in OAR 137-047-0640 or 137-049-0390(2), and who has not been debarred or
disqualified by the Contracting Agency under OAR 137-047-0575 or
137-049-0370.
(33) "Responsive"
means having the characteristic of substantial compliance in all material
respects with applicable solicitation requirements.
(34) "Responsive Offer" means, as the context
requires, a Responsive Bid, Responsive Proposal or other Offer that
substantially complies in all material respects with applicable solicitation
requirements.
(35) "Signature"
means any Written mark, word or symbol that is made or adopted by a Person with
the intent to be bound and that is attached to or logically associated with a
Written document to which the Person intends to be bound.
(36) "Signed" means, as the context requires,
that a Written document contains a Signature or that the act of making a
Signature has occurred.
(37)
"Solicitation Document" means an Invitation to Bid, Request for Proposals,
Request for Quotes, or other similar document issued to invite Offers from
prospective Contractors under ORS Chapter 279B or 279C. The following are not
Solicitation Documents unless they invite Offers from prospective Contractors:
a Request for Qualifications, a prequalification of bidders, a request for
information, a sole source notice, an approval of a Special Procurement, or a
request for product prequalification. A project-specific selection document
under a Price Agreement that has resulted from a previous Solicitation Document
is not itself a Solicitation Document.
(38) "Veteran" has the meaning set forth in
ORS 200.005.
(39) "Writing" means
letters, characters and symbols inscribed on paper by hand, print, type or
other method of impression, intended to represent or convey particular ideas or
meanings. "Writing," when required or permitted by law, or required or
permitted in a Solicitation Document, also means letters, characters and
symbols made in electronic form and intended to represent or convey particular
ideas or meanings.
(40) "Written"
means existing in Writing.
Notes
Statutory/Other Authority: ORS 279A.065
Statutes/Other Implemented: ORS 279A.065
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