Utah Admin. Code R23-1-102 - Definitions
Terms used in this rule are defined in Section 63G-6a-103 of the Utah Procurement Code. In addition:
(1)
"Adequate Price" Competition means when a minimum of two competitive bids,
proposals, or quotes are received from responsive bidders or
offerors.
(2) "Acquiring Agency" is
a conducting procurement unit subject to Section
63A-16-204 acquiring new
technology or technology as therein defined.
(3) "Bid Bond" is an agreement, accompanied
by a monetary commitment, by which a third party, the surety, accepts liability
and guarantees that the bidder will not withdraw the bid. The bidder will
furnish bonds in the required amount and if the contract is awarded to the
bonded bidder, the bidder will accept the contract as bid, or else the surety
will pay a specific amount.
(4)
"Bid Security" means the deposit of cash, certified check, cashier's check,
bank draft, money order, or bid bond submitted with a bid and serving to
guarantee to the division that the bidder, if awarded the contract, will
execute such contract in accordance with the bidding requirements and the
contract documents.
(5) "Brand Name
or Equal Specification" means a specification which uses a brand name
specification to describe the standard of quality, performance, and other
characteristics being solicited, and which invites the submission of equivalent
products.
(6) "Brand Name
Specification" means a specification identifying one or more products by
manufacturer name, product name, unique product identification number, product
description, SKU or catalog number.
(7) "Cost Analysis" means the evaluation of
cost data to arrive at estimates of costs to be incurred, prices to be paid,
costs to be reimbursed, or costs actually incurred.
(8) "Cost Data" means factual information
concerning the cost of labor, material, overhead, and other cost elements which
are expected to be incurred or which have been actually incurred by the
contractor in performing the contract.
(9) "Director" means the director of the
division, including, unless otherwise stated, the director's authorized
designee.
(10) "Division" means the
Division of Facilities Construction and Management established pursuant to
Section 63A-5b-301.
(11) "New Technology" means a technology
innovation as defined in Section
63A-16-901.
(12) "Payment Bond" is a bond that guarantees
payment for labor and materials expended on the contract.
(13) "Performance Bond" means a promise to
pay the obligee, the division, a certain amount if the principal, contractor,
fails to meet some obligation, such as fulfilling the terms of a contract. The
performance bond protects the obligee, the division, against losses resulting
from the principal's failure to meet the obligation. If the obligations are not
met, the obligee, the division, will recover its losses via the performance
bond.
(14) "Pricing Data" means
factual information concerning prices for procurement items.
(15) "Record" shall have the meaning defined
in Section
63G-2-103 of the Government
Records Access and Management Act (GRAMA).
(16) "Solicitation," in addition to the
definition in Subsection
63G-6a-103(82)
also includes all documents, whether attached or incorporated by reference to
the solicitation.
(17) "Technology"
means any type of information technology defined in Subsection
63A-16-102(8).
(18) "Using Agency" means any state agency or
any political subdivision of the state which utilizes the services procured
under this Rule R23-1.
Notes
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