Or. Admin. Code § 731-005-0430 - Definitions
(1) Addendum or
Addenda: An addition or deletion to, a material change in, or general interest
explanation of the Solicitation Document. Addenda shall be labeled as such and
distributed to all interested entities in accordance with these
rules.
(2) Alternative Contracting
Delivery and Selection Method: A delivery method other than the conventional
method of design-bid-build, such as variations of Design/Build, CM/GC, ID/IQ
and similar and forms of contracting. The use of an Alternative Contracting
Method is an exception to ORS
279C.300 and is subject to the
exemption process as set forth in ORS
279C.335 and OAR
137-049-0620 and related
rules.
(3) Bid: A competitive
Offer, binding on the Bidder and submitted in response to an Invitation to Bid
(ITB):
(a) Lump Sum Bid: A Bid that is the
total completed project price;
(b)
Unit Price Bid: A Bid that provides unit prices based upon estimated
quantities.
(4) Bidder:
An Entity that submits a Bid in response to an ITB.
(5) Closing: The date and time announced in
the Solicitation Document as the deadline for submitting Offers.
(6) Certified Firm: A company that possess
one or more current, valid certification(s) from the Oregon Certification
Office for Business Inclusion and Diversity.
(7) Conduct Disqualification: A
Disqualification pursuant to ORS
279C.440.
(8) Contract: The Written agreement,
resulting from the Solicitation Document that defines the Work to be completed
and sets forth the rights and obligations of the parties.
(9) Contract Amount: Sum of the amounts
computed by multiplying the Bid item quantities by the unit price in the
schedule of Contract prices of the Contract as awarded.
(10) Contract Price: The total of the awarded
Bid amount, including any approved alternates, and any fully executed change
orders or amendments.
(11) Contract
Review Authority: The Director of the Oregon Department of
Transportation.
(12) Contractor:
The Entity awarded the Contract in response to the Solicitation
Document.
(13) DAS: Oregon
Department of Administrative Services.
(14) Days: Calendar days unless otherwise
specified by these rules.
(15) DBE
Disqualification: A Disqualification pursuant to ORS
200.065,
200.075 or
279A.110.
(16) Descriptive Literature: The Offeror's
materials submitted to provide information concerning the products and/or
services available in response to the Solicitation Document.
(17) Disqualification: The preclusion of an
Entity from contracting with ODOT for a period of time. Disqualification may be
a Conduct Disqualification as defined above, performance disqualification for
failure to meet standards listed in OAR
734-010-0290(4),
DBE Disqualification or disqualification for lack of specific demonstrated
experience (special prequalification as described in OAR
731-007-0520(2)).
ODOT is authorized to disqualify an Entity in accordance with OAR
731-005-0710.
(18) Electronic Advertisement: ODOT's
Solicitation Document, or other document inviting participation in ODOT's
procurements made available over the Internet via:
(a) The World Wide Web or some other Internet
protocol; or
(b) ODOT's Electronic
Procurement System.
(19)
Electronic Data Interchange Operating Agreement or EDI Operating Agreement: A
series of standards that provide computer to computer exchange of business
documents between organizations over telephone lines or computer networks. An
EDI document is a document that has been transmitted pursuant to an EDI
Operating Agreement.
(20)
Electronic Offer: A response to ODOT's Solicitation Document submitted to ODOT
via:
(a) The World Wide Web or some other
Internet protocol; or
(b) ODOT's
Electronic Procurement System.
(21) Electronic Procurement System or
Electronic Procurement: 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 ODOT to post Electronic Advertisements, receive
Electronic Offers, and conduct other activities related to a
procurement.
(22) Emergency:
Circumstances that could not have been reasonably foreseen, and that create a
substantial risk of loss, damage, interruption of services, or threat to public
health or safety with regard to a public improvement.
(23) Entity: A natural person capable of
being legally bound, sole proprietorship, limited liability company,
corporation, partnership, limited liability partnership, limited partnership,
profit and nonprofit unincorporated association, business trust, two or more
persons having a joint or common economic interest, or any other person with
legal capacity to contract, or a government or governmental
subdivision.
(24) Exempted
Selection Method: A selection method other than the Low Bid method, such as
cost plus multiparameter (time, qualifications, approach, and/or means and
methods) and other similar forms of selection. Use of an Exempted Selection
Method does not result in an Alternative Contracting Delivery Method. The use
of an Exempted Selection Method is an exception to ORS
279C.300 and is subject to the
exemption process as set forth in ORS
279C.335.
(25) Highway Construction Contract. A Public
Improvement Contract governed by OAR 731, divisions 5 and 7, and that is
approved by the Oregon Transportation Commission in the Statewide
Transportation Improvement Program.
(26) Invitation to Bid or ITB: A notice to
Contractors disseminating information pertaining to bidding of Public
Improvement projects including availability of Solicitation
Documents.
(27) Non-Resident
Contractor: A Contractor that is not domiciled in or registered to do business
in the State of Oregon. See OAR
731-005-0750.
(28) Non-Road Diesel Equipment: Equipment
used in the course of performing a public improvement contract, powered by a
compression ignition diesel engine of 25 horsepower or more that is not
designed primarily to propel a motor vehicle on public highways.
(29) ODOT: The Oregon Department of
Transportation.
(30) Offer: A
Bid.
(31) Offeror: A
Bidder.
(32) Opening: The date,
time and place announced in the Solicitation Document for the public Opening of
Written sealed Offers or Electronic Offers.
(33) Product Sample: A representative
specimen of the item offered by the Offeror in response to the Solicitation
Document. Unless otherwise provided in the Solicitation Document, the Product
Sample shall be the exact product or a representative portion of that product
offered by the Offeror.
(34)
Project Site: The geographic dimensions of the real property, not including any
improvements or fixtures, on which the Work is to be performed, including
designated contiguous staging areas.
(35) Public Improvement: Projects relating to
maintenance or construction of highways, bridges, parks or other transportation
facilities by or for ODOT. "Public improvement" does not include emergency
Work, minor alteration, ordinary repair or maintenance necessary in order to
preserve a Public Improvement.
(36)
Region Construction Contract: Public Improvement Contract not governed by OAR
chapter 731, divisions 5 and 7. Region Construction Contracts are governed by
chapter 731, division 149. Region Construction Contracts also include
procurements in support of Highway Construction Contracts.
(37) Responsible Offeror (also, Responsible
Bidder): Is an Entity that has submitted an Offer and meets the standards set
forth in OAR 731-005-0670(1)(c)(H)
and that has not been disqualified by ODOT under OAR
731-005-0710.
(38) Responsive Offer (also, Responsive Bid):
An Offer that substantially complies with applicable solicitation procedures
and requirements and the Solicitation Document.
(39) Signed or Signature: Any mark, word or
symbol executed or adopted by an Entity evidencing intent to be bound, which
may include electronic or digital signature.
(40) Solicitation Document: Documents that
define the procurement of a Public Improvement project including but not
limited to Bid booklet, plans, Specifications, requirements, provisions and
includes all documents incorporated by reference.
(41) Specification: Any description of the
physical or functional characteristics, or of the nature of a supply, service
or construction item, including any requirement for inspecting, testing, or
preparing a supply, service, or construction item for delivery and the
quantities or qualities of materials to be furnished under the Contract.
Specifications generally will state the result to be obtained and may, on
occasion, describe the method and manner of doing the Work to be
performed.
(42) Tie Offers: Tie
Offers shall have the meaning set forth in OAR
731-005-0660.
(43) Tier 4 Exhaust Emission Standard: The
Tier 4 compression ignition diesel engine emission standard established by the
United States Environmental Protection Agency in 40 CFR 89.112.
(44) Verified Diesel Oxidation Catalyst: A
diesel oxidation catalyst verified by the United States Environmental
Protection Agency under 40 CFR 89.112 for Non-Road Diesel Equipment.
(45) Verified Diesel Particulate Filter: A
diesel particulate filter verified by the United States Environmental
Protection Agency under 40 CFR 89.112 for Non-Road Diesel Equipment.
(46) Work: The furnishing of all materials,
equipment, labor, and incidentals necessary for the successful completion of
any individual item or the entire Contract and for the successful completion of
all duties and obligations imposed by the Contract.
(47) Written or Writing: Conventional paper
documents either manuscript or printed, in contrast to spoken words. It
includes electronic transmissions if the Solicitation Document or Contract
permits.
Notes
Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065
Statutes/Other Implemented: ORS 279A & 279C
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