Addendum or Addenda - An written or electronic addition or deletion to, a material change in, or general interest explanation of the Solicitation Document.
Advantageous - In the County’s best interests, as assessed according to the judgment of the County.
Advertisement - Publication of the procurement in a newspaper of general targeted circulation and/or posting on the Purchasing website.
Affected Person or Affected Offeror - A Person whose ability to participate in a Procurement is adversely affected by a decision of the County.
American Bar Association (ABA) - With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, legal information, programs to assist lawyers and judges in their work and initiatives to improve the legal system for the public.
(https://www.americanbar.org)
American Institute of Architects (AIA) - A national professional society founded in 1857 whose members are licensed architects, graduate architects or retired architects. AIA promotes design excellence and fosters professionalism and accountability through professional development programs and achievement awards. (www.aia.org)
Best and Final Offer - (BAFO) In a competitive negotiation, the final proposal submitted after negotiations are completed that contains the proposer’s most favorable terms for price, services and products to be delivered. Sometimes referred to as BAFO and utilized during the Request for Proposal method of procurement.
Best Practice - A business process, activity or operation that is considered outstanding, innovative or exceptionally creative by a recognized peer group. It may be considered as a leading-edge activity that has been successfully adopted or implemented and has brought efficiency and effectiveness to an organization. It may result in improved productivity, quality, reduced costs and increased customer service. (Business, 2002)
Best Value - An assessment of the return which can be achieved based on the total life cycle cost of the item; may include an analysis of the functionality of the item; can use cost/benefit analysis to define the best combinations of quality, services, time, and cost considerations over the useful life of the acquired item.
A procurement method that emphasizes value over price. The best value might not be the lowest cost. Generally achieved through the Request for Proposal (RFP) method.
Bid - A competitive Offer, binding on the Bidder and submitted in response to an Invitation to Bid.
Bidder - A Person who submits a Bid in response to an Invitation to Bid.
Bid Bond - An insurance 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.
Bid File - A file containing the individual bids from all vendors solicited by the Invitation for Bids (IFB).
Bid Opening - The official process in which sealed bids are opened, usually in the presence of one or more witnesses, at the time and place specified in the invitation for bid. The amount of each bid is recorded and bids are made available for public inspection. It may be open to the public.
Board -The Board of County Commissioners for Multnomah County.
Boilerplate - A common term used to refer to standard clauses used in a bid or contract document, often prepared as a preprinted insert. The general terms and conditions and instructions to bidders may be sections of a bid document’s boilerplate. Also see General Terms and Conditions and General Provisions. A colloquialism, used in procurement to identify standard terms and conditions incorporated in solicitations, contracts, or purchase orders and agreements which are often preprinted or incorporated by reference. Also see Terms and Conditions and General Provisions. (Harney, 1998)
Centralized Purchasing - An organizational structure where all of the rights, powers, duties and authority relating to purchasing are vested in the Chief Procurement Officer (CPO). While the CPO may often delegate some of these powers to others, the final authority nevertheless reside with the CPO. Example: Individual operating departments are permitted to release materials from blanket orders that have been issued by the Purchasing Department or they may use the agency’s Procurement Card to make individual purchases for their department. Also see Decentralized Purchasing.
Chair - The Chair of the Board of County Commissioners for Multnomah County.
Change Order - An amendment to a Contract for a Public Improvement or Public Work. This term is also used by SAP in a different context.
Code - The Public Contracting Code, ORS chapters 279A, 279B and 279C.
Closing - The date and time announced in the Solicitation Document as the deadline for submitting Offers.
Competitive Bidding - A price-based selection process that involves an advertised public notice, issuance of a Written Solicitation Document inviting interested Persons to submit Written, Signed, and sealed Bids, that are received by the County and publicly opened at the designated time and place, and a Contract awarded (if one is awarded) to the lowest Responsive, Responsible Bidder.
Competitive Price Quote - The intermediate selection method used to request quotes for purchases of goods and services between $5,000 and $150,000 where the contract award will be based on lowest price.
Competitive Proposal Quote (CPQ) - The intermediate selection method used to request quotes for purchases of goods, services and Personal Services between $5,000 and $150,000 where the contract award will be based on a combination of evaluative criteria and cost.
Competitive Range - The Proposers with whom the Department will conduct Discussions or negotiate if the Department intends to conduct Discussions or Negotiations in accordance with Rule 47-0262 or Rule 49-0650. The Competitive Range shall be stated in the Solicitation Document, but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by the Department in accordance with Rule 47-0262 or Rule 49-0650.
Conduct Disqualification - A Disqualification pursuant to ORS 279C.440 and Rule 49-0370.
Cooperative Agreement - A federal grant to support a joint federal/state program in which the grantor (Federal Government) and the grantee (state government) share in the management decisions about the funded activity.
Consideration - Quid Pro quo – This for that: something of value must be exchanged for some service or goods. Interestingly -- a legal contract does not make a judgment as to the fairness of the exchange, only that an exchange has been agreed to. Keep in mind that an unfair contract may very well be a legal and enforceable contract.
Construction - The process of utilizing labor to build, alter, repair, improve, or demolish any structure, building or public improvement; generally does not apply to routine maintenance, repair, or operation (MRO) of existing real property.
Contract - A written agreement between the County and a Contractor describing the work to be performed or goods to be purchased and the obligations of the parties. This definition includes purchase orders and limited purchase orders. A sale or other disposal, or a purchase, lease, rental or other acquisition of personal property, services other than Personal Services, public improvements, Public Works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. “Contract” does not include grants. This term is used interchangeably with the term “Public Contract"
Contractor - The entity with whom the County has entered into a Contract.
Contract Amendment - A written agreement changing the description of work, the price or compensation to be paid, the contract term or any other term or condition of an existing Contract.
Contract Approval Form (CAF) - An internal form summarizing the basic information needed to record data, track approvals and file contracts. The CAF accompanies the Contract throughout the County approval process and is filed with the Contract.
Contract Price - As the context requires, (i) the maximum payments that the County will make under a Contract, including bonuses, incentives and contingency amounts, if the Contractor fully performs under the Contract, (ii) the maximum not-to-exceed amount of payments specified in the Contract, or (iii) the unit prices for Goods or Services set forth in the Contract.
Contract Renewal – A written agreement renewing an existing Contract for an additional term under a provision in the Contract that permits renewal of the Contract for one or more additional terms. A Contract Renewal may also include an adjustment to the compensation to be paid during the renewal term if the Contract permits a price adjustment upon renewal.
Contract Originator - The County individual responsible for development of the Contract.
Contract Routing Form - An internal County form used to move a contract package from one reviewer to another in the routing process.
Contractor Selection Statement (CSS) - An internal County form used by Departments to summarize the selection of a personal services contractor using an oral intermediate solicitation method (see Administrative Procedure PUR-1).
CPCA - Central Procurement and Contract Administration (now "Purchasing").
Days - Calendar days unless otherwise specified by these Rules.
DJC - Daily Journal of Commerce: Local professional business newspaper/advertising company that Multnomah County uses to meet State law requirements in public notification by offering advertisements to local and national outlets of current formal procurements and projects
Decentralized Purchasing - An organizational structure in which designated personnel/operating departments from within the organization have the delegated authority to decide on sources of supply and contract directly with vendors without consulting or receiving the approval from the Chief Procurement Officer (CPO). It should be noted that the scope and degree, if any, of decentralized purchasing varies from agency to agency. Example: In one agency, all of the IT (Information Technology) software and hardware decisions and purchases are unilaterally made by the Chief Information Technology Officer and in other agencies all of those IT purchases are directly made by the Purchasing Department. Also see Centralized Purchasing.
Definiteness - There must a clear understanding as to what is being bought or sold – terms must describe price, quantity, quality, delivery, duration, etc. Understand that courts have long ruled that an ambiguity in a contract is always ruled against the drafter of the contract. So if we are issuing the contract, we want to make sure that we have as accurately as possible described what we expect to get, when and in what form.
Department - A County Department or any unit within a Department, having responsibility for the purchase of goods or services for the County.
Descriptive Literature - The Offeror’s materials submitted to provide information concerning the products available in response to the Solicitation Document.
Disadvantaged Business Enterprise or DBE - A business concern described in ORS 200.005(1) and certified as such with the State of Oregon pursuant to ORS 200.055
Discussions - To exchange information, compare views, take counsel, and communicate with another for the purposes of achieving clarification and mutual understanding of an Offer.
Disqualification - The preclusion of a Person from contracting with the County after notice and hearing pursuant to Rule 46-0210 or ORS 279C.440 and Rule 49-0370.
Efficiency Indicators - Efficiency (productivity outcome). Efficiency measurement is a method for examining how effectively a program is performing the activities it is doing. This is an indicator that measures the cost of resources (e.g., in dollars, FTE, employee hours, time, etc.) per unit of output (e.g., per repair, per case, etc.).
Electronic Advertisement - Notice of a request for Offers, request for Quotes, request for information or other document inviting participation in County Procurements available over the Internet via the World Wide Web or some other Internet protocol. An Electronic Advertisement may or may not include a Solicitation Document.
Electronic Offer - A response to a request for Quotes submitted via e-mail.
Emergency - Circumstances that could not have been reasonably foreseen which create a substantial risk of loss, damage, interruption of services or threat to the public health or safety and which require prompt execution of a Contract to remedy the condition.
Emergency Procurement - The award of a Contract without competition that complies with PCRB Rule 47-0280 or PUR-1 X.B.4.
Emergency Purchase - A purchase made due to an unexpected and urgent request where health and safety or the conservation of public resources is at risk. Usually formal competitive bidding procedures are waived.
Emerging Small Business (ESB) - A business concern described in ORS 200.005(3) and 200.005(4) and certified as such with the State of Oregon pursuant to ORS 200.055.
Environmentally Preferable Product (EPP) - A product or service that has a lesser or reduced impact on human health and the environment when compared to competing products or services that serve the same purpose. Such products or services may include, but are not limited to, those which contain recycled content, minimize waste, conserve energy or water, and reduce the amount of toxics either disposed or consumed. Also see Sustainable Public Procurement. (Miller, 2006)
Environmentally Preferable Purchasing - An attempt to address environmental challenges by taking advantage of government’s vast purchasing power to create strong markets for environmentally friendly products and services. Purchasing goods and services in a way that does not harm the environment. Also known as Green Purchasing. (Miller, 2006)
Ethics
- A principle of right or good conduct or a body of such principles.
- A system of moral principles or values.
- A code of conduct.
- Prohibits breach of the public trust by any attempt to realize personal gain by a public employee through conduct inconsistent with the proper discharge of the employee’s duties. Strong ethical principles are required for public procurement personnel and both the National Institute of Governmental Purchasing (NIGP), Inc. and the Institute of Supply Management (ISM) have articulated ethical codes for their membership. The Universal Public Purchasing Certification Council (UPPCC) has also published a Code of Ethics. Also see Integrity and Norm.
Equal (Employment) Opportunity (EEO) - Policies and procedures of the jurisdiction to ensure non-discrimination and equal opportunity to all employees, especially women, minorities, and persons with disabilities. (Business, 2002)
Evaluation Committee/Team - A component of the Request For Proposal (RFP) process, whereby a committee is established to conduct interviews and negotiations during proposal evaluation for a specific product or service. Usually is composed of representatives from the functional area identified in the Statement of Work (SOW) and may be chaired by a procurement representative. A group of individuals established to conduct interviews and negotiations during proposal evaluation for a specific product or service. The teams typically represent the functional areas to be addressed in the discussions with a purchasing representative chairing the team. Also see Negotiation Team.
Evaluation Criteria - Generally used in the Request For Proposal (RFP) method. Qualitative factors that an evaluation committee will use to evaluate/score a proposal and select the most qualified proposer/offeror. May include such factors as past performance, references, management and technical capability, price, quality and performance requirements. (Harney, 1992)
Evaluation Factors - In competitive negotiations, those factors specified in the RFP that will be considered in determining to whom a contract will be awarded.
Exemption - A process under Rules 49-0600 to 49-0690 that permits an Alternative Contracting Method to be used in lieu of Competitive Bidding. An Exemption may address a specific Contract, or a class or of Contracts. The process used to exempt Public Improvement and Personal Services contracts from the requirements of the Formal Bid, RFP or Intermediate or Informal Quote procedures. For all other types of Contracts, see the definitions of Emergency Procurement, Sole Source Procurement and Special Procurement.
Facilities - Buildings, land, equipment and any tangible capital asset, wherever located, whether owned or leased.
Facsimile - A document that has been transmitted by and received by a facsimile (FAX) machine.
Federal Acquisition Regulations (FAR) - The primary document in the Federal Acquisition Regulations System, containing uniform policies and procedures that govern the acquisition activity of all federal agencies. The FAR is prepared, issued and maintained jointly by the Secretary of Defense, the Administrator of General Services and the NASA Administrator.(Nash, Schooner, OîBrien, 1998)
Foreign Contractor - A Contractor that is not domiciled in or registered to do business in the State of Oregon. See Rule 49-0490.
Goods - Supplies, equipment, or materials, and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto.
Good Cause - When capitalized under these Rules, Good Cause means a reasonable explanation for not requiring Contractor to meet the highest standards, and may include an explanation of circumstances that support a finding that the requirement would unreasonably limit competition or is not in the best interest of the County. The Department shall document in the Procurement file the basis for the determination of Good Cause for specification otherwise. A Department will have Good Cause to specify otherwise under the following circumstances:
1.The use or purpose to which the Goods or Services will be put does not justify a requirement that the Contractor meet the highest prevalent standards in performing the Contract;
2.Imposing express technical, standard, dimensional or mathematical specifications will better ensure that the Goods or Services will be compatible with or will operate efficiently or effectively with components, equipment, parts, Services or information technology including hardware, Services or software with which the Goods or Services will be used, integrated, or coordinated;
3.The circumstances of the industry or business that provides the Goods or Services are sufficiently volatile in terms of innovation or evolution of products, performance techniques, scientific developments, that a reliable highest prevalent standard does not exist or has not been developed;
4.Any other circumstances in which County’s interest in achieving economy, efficiency, compatibility or availability in the Procurement of the Goods or Services reasonably outweighs the County’s practical need for the highest prevalent standard in the applicable or closest industry or business that supplies the Goods or Services to be delivered under the Contract.
Grant - A transfer of Federal Government funds to state or local governments to support or stimulate programs authorized by federal or state laws, to accomplish objectives that are locally defined and managed under a broad federal or state program. The furnishing of assistance by a jurisdiction whether financial or otherwise, to any person to support a program authorized by law; does not include an award whose primary purpose is to procure supplies, services or construction. Grant has the meaning set forth in 279A.010(k)(A)
Informal - This term applies to procurement and contract processes for Architect, Engineering and Related Services Contracts which are within the dollar thresholds identified in PCRB Rule 48-0210 and Public Improvement Contracts which are within the dollar thresholds identified in PCRB Rule 49-0160(1).
Informal Quote - A Quote made in response to a Solicitation under Rule 49-0160.
Interdepartmental Agreement - An internal County document setting forth an agreement between two or more County Departments concerning the conduct of County business.
Intergovernmental Agreement (IGA) - A Contract between the County and another government entity.
Intermediate - This term applies to procurement and contract processes for Contracts which are within the dollar thresholds identified in PCRB Rule 47-0270(1) and Class I personal services contracts identified in Administrative Procedure PUR-1.
Intermediate Procurement-A sourcing method authorized by Rule 47-0270.
Invitation to Bid (ITB) - The Solicitation of competitive, written, signed and sealed Bids in which specification, price and delivery (or project completion) are the predominant award criteria.
Legal Parties - we have laws about who can enter into a contract, designed to protect people from their own incompetence or to protect against being taken advantage of. For example, we would not let a child enter into a contract to buy a car. They would have to be represented by a party who could reasonably be expected to protect the child’s best interests. In the US, we generally consider a person of 18 years of age to be reasonably competent to conduct their own affairs and to enter into binding legal contracts.
Legal Purpose - To be valid and enforceable, a contract must be consistent with federal, state or local law and cannot violate legal statutes of public policy.(ISM, 2000)
Life Cycle Costing - A Method of determining the cost of a product for its estimated useful life, including disposal.
Living Wage - A minimum wage required to be paid on janitorial, security and food services pursuant to Resolution 98-165.
Maintenance - The upkeep of property that neither adds to its permanent value nor prolongs its intended life appreciably, but instead keeps it in an efficient operating condition.
Minority Business Enterprise (MBE) - A minority business concern described in ORS 200.005(6) and certified as such with the State of Oregon pursuant to ORS 200.055.
Minority Individual - A person described in ORS 200.005(4).
Mutuality of Obligation - Both parties must receive something out of a contract, some type of benefit. A one-sided contract is not binding. However, the law does not attempt to measure the benefit to each party, only determine that each side believes they received a benefit.
Negotiations - To compare views, take counsel, and communicate with another so as to arrive at a voluntary, mutual agreement about a matter.
Non-Financial Contract - A Contract for services where the County has neither the obligation to pay money nor the right to receive money.
Nonresident Bidder - A Bidder described in ORS 279A.120(1)(a).
Offer - A Written Bid, Proposal or Quote offering to provide Goods or Services in response to a Solicitation.
Offer and Acceptance - A contract must make a promise to do something if the other party agrees to do something in return. In fact, many types of contracts are issued and when a vendor performs, they have been held to have accepted the contract whether they signed it or not. The act of performing is a type of acceptance.
Offeror - A Person submitting a Bid, Proposal or Quote as applicable; a Bidder or a Proposer.
Opening - The date, time and place announced in the Solicitation Document for the public Opening of Written sealed Offers.
Outline Agreement (OA) - An internal document created in SAP (the County’s integrated financial and business software) that generates the contract number, specifies Validity Dates, contract amount and defines the goods or services to be purchased.
PCRB Rules - Public Contract Review Board Rules adopted by the Board to implement, in part, the contract and procurement requirements of ORS 279A, B and C.
Person - An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. Services as defined in Rule 47-0000(2).
Personal Services - (formerly Professional Services) -Services which require 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, information technology or other consultant, broadcaster or artist (including a photographer, filmmaker, painter, weaver or sculptor) and contracts for human services. See PCRB Rule 47-0000 for further definition. “Architect, Engineer, and Related Services” are a special class of Personal Services, which are defined in PCRB Rule 48-0110.
Prevailing Wage Rate - When used in these Rules means the “prevailing rate of wage” defined in ORS 279C.800(3).
Price Agreement - A Public Contract for the Procurement of Supplies and Services at a set price with: (a) No guarantee of a minimum or maximum purchase; or (b) An initial order or minimum purchase combined with a continuing Contractor obligation to provide Supplies and Services in which the County does not guarantee a minimum or maximum additional purchase.
Procurement - The act of purchasing, leasing, renting or otherwise acquiring Goods or services. As used in Division 49 it also means the act contracting for a Public Improvement. “Procurement” includes each function and procedure undertaken or required to be undertaken to enter into a Public Contract, administer a Public Contract and obtain the performance of a Public Contract under the Public contracting Code.
Procurement File - The file required to be maintained under Rule 46-0490.
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.
Proposal - A competitive offer, binding on the Proposer and submitted in response to a Request for Proposals or a Competitive Proposal Quote.
Proposer - A Person who submits a Proposal in response to a Request for Proposals. In Division 48, the term “Proposer” means a Consultant who submits a Proposal to in response to a Request for Proposals.
Public Improvement - A project for construction, reconstruction or major renovation on real property by or for the County. “Public Improvement” does not include Emergency Work, minor alteration, ordinary repair or maintenance necessary in order to preserve a Public Improvement. See ORS 279A.010(1)(aa)
Public Works - Includes but is not limited to roads, highways, buildings, structures and improvements of all types, created or maintained by or for the County, intended primarily to serve the public interest. This definition does not include the reconstruction or renovation of privately owned property which is leased by the County.See ORS 279C.800(5).
PUR-1 - The County administrative procedure for use for Solicitation of Contracts for Personal Services.
Purchase Order - A type of contract that may be used for the purchase of goods and non-personal services when a comprehensive County contract is not required.
Quality Indicators - Quality (satisfaction outcome). This measure reflects effectiveness in meeting the expectations of clients and stakeholders. Measures of quality include reliability, accuracy, courtesy, competence, responsiveness, and completeness associated with the product or service. Customer satisfaction reflects the degree to which the customer’s expectations of a service are met or exceeded. Lack of quality can also be measured. Such examples include rework, correcting errors, or resolving complaints.
Quote - A response to a procurement request where the request is not made by an Invitation to Bid or a Request for Proposals.
Quote Tab - A form used to tabulate the results of an Invitation to Bid or a solicitation for Quotes.
QRF - Qualified Rehabilitation Facility. A non-profit corporation, defined in ORS 279.835(4), to serve Disabled Individuals.
Recusal - (law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves
Request for Proposals (RFP) - A Formal Solicitation method that may be used for procurements that exceed $150,000 calling for Proposals as set forth in Administrative Procedure PUR-1 and the PCRB Rules.
Resident Bidder - A Bidder described in ORS 279A.120(1)(b).
Responsible Offeror (also, Responsible Bidder or Responsible Proposer, as applicable) - A Person that has submitted an Offer and meets the standards set forth in Rule 47-0640(1)(c )(F) and that has not been disqualified by the CPCA Manager under Rule 47-0575 or Rule 49-0370, respectively. When used alone, “Responsible” means meeting the aforementioned standards.
Responsive Offer (also, Responsive Bid or Responsive Proposal, as applicable) - An Offer that substantially complies with applicable Solicitation procedures and requirements and the Solicitation Document.
Retainage - As used in these Rules, “Retainage” has the meaning given in ORS 279C.550 and means the difference between the amount earned by a Contractor on a Public Contract and the amount paid on the Contract.
Retroactive Contract - A Contract, Contract Amendment or Contract Renewal that is approved and signed after the contract effective date or after goods or services have been received.
Revenue Contract - A contract where the County and the Contractor share in the revenue produced under the contract or where only the County receives revenue such as in an IGA.
Rules - These Public contracting Rules unless otherwise indicated.
Service/Services Contract - An agreement calling for a contractor’s time and effort. The furnishing of labor, time, or effort by a contractor or vendor, which may involve to a lesser degree, the delivery or supply of products. The UCC/state commercial codes only apply to a procurement of a product, while state common law would apply if it is considered a procurement of a service.
Sign, Signed or Signature - Any mark, word or symbol attached to or logically associated with a document and executed or adopted by a Person with the intent to be bound.
Small Procurement - A procurement pursuant to Rule 47-0265
Social Equity -
Sole Source Procurement - The award of a contract without competition that complies with PCRB Rule 47-0275 or PUR-1, X.B.1 and X.B.2.
Solicitation - A request by the County to receive Quotes, Bids or Proposals. A request for the purpose of soliciting Offers. This request may take the form of an Invitation for Bid, a Request for Proposal, a Request for Qualifications or a similar document; the process of notifying prospective Offerors that the County requests such Offers; the Solicitation Document itself.
Solicitation Document - An Invitation to Bid, Request for Proposals, Request for Quotes or other similar document issued to invite offers from prospective contractors. This term does not apply to Intermediate Procurements, Informal Quotes or Procurements under 47-0265, 47-0270, 48-0210 or 49-0160. The following are not Solicitation Documents if they do not invite Offers from prospective Contractors: a Request for Qualifications, a prequalification of bidders, a request for information, or a request for product prequalification.
Special Procurement - A custom designed contracting approach which meets a procurement need that differs from the standard sourcing methods described in the PCRB Rules. See PCRB Rules 47-0285 and 47-0288.
Specifications - 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.
SRM - Supplier Relationship Manager, or SRM, is used at the County to describe a collection of procurement and contract applications that work together. This group of applications include work-flow, Supplier Relationship Manager, Document Builder, Records Management and Procurement for the Public Sector as well as interfaces back to our old system
Surplus Property - A designation that applies to government property that is no longer needed by the agency and is designated for disposal outside of a government organization.
Sustainability - Sustainable development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Sustainable Purchasing - Purchasing and investment process that takes into account the economic, environmental and social impacts of government spending. Also see Environmentally Preferable Purchasing (EPP).
Threshold - Spending limits related to contract award amounts. The place or point of beginning; the outset. limit, margin, starting point, minimum contracts over $5,000 and less than or equal to $50,000
Tracking Number - A number assigned by CPCA to each purchase of goods or services which indicates procurement authority, identifies the type of procurement, is entered into SAP and is used for preparation of CPCA reports.
Trade Services - All remaining services that do not meet the definition for Personal Services.
Uniform Commercial Code (UCC) - First published in 1952, it was formulated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute. It covers a wide range of commercial activities. The UCC does NOT apply to the purchase of services and is not applicable to Federal Government contracting. The UCC determines rights and obligations on the basis of fairness and reasonableness in the light of accepted business practice. The UCC has been adopted by all of the States. 2003 marked the conclusion of a fifteen-year-long process of re-writing the UCC. In that period every article was either completely revised or substantially amended.
The most important part of the UCC for the public purchasing officials is Article 2, entitled “Sale of Goods.” Absent a specific state or federal statute or administrative regulation, Article 2 will govern the public purchasing official’s contract for the sale of goods.
Validity Dates - The Contract commencement and termination dates in the SAP Outline Agreement.
Women Business Enterprise (WBE) - A business of which a given percentage is owned or controlled by a woman. May also be entitled to minority classification by certain public entities. Also see Minority-Owned Business, Historically Underutilized Business (HUB), Economically Disadvantaged Individuals, Small Disadvantaged Business and MBE. A Women business concern described in ORS 200.005(6) and certified as such with the State of Oregon pursuant to ORS 200.055.
Work - The furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and successful completion of all duties and obligations imposed by the Contract.
Written or Writing - Conventional paper documents either manuscript or printed, in contrast to spoken words. It also includes electronic transmissions or Facsimile documents when required by applicable law or to the extent permitted by the Solicitation Document or Contract.
Terms
Contractor Assessment Tool - This assessment tool is to serve as a guide to establish priorities for contract monitoring of agencies. This is an internal document for County staff to complete annually. Each response is assigned a number; the higher the total score the higher the priority will be to monitor that particular agency.
Contract Monitoring - Contract monitoring is a process to ensure that all contractors are in compliance and providing the services that are being purchased. Programs funded from various sources are expected to meet professional standards in their provision of services to the community; contract monitoring is one method to determine this. Program staff will monitor program attributes and related performance standards on a regular basis for all human services contracts.
Contract Representative - (Contract Prep): Responsible for writing and compiling the contract.
Contract Sanctions – A Contract monitoring and compliance corrective action process that address issues when contractor is not performing to the County contract expectations. If this performance is something we can no longer accept, the Program Manager or designee needs to take action.
Grant Agreements - Contracts with an external government or non-government agency where the County receives money and/or other resources for the purpose of supporting or stimulating a program or activity of the County.
Performance Measures - Performance measurement is the process of developing and using meaningful, objective indicators that should be included in the contract. Once the performance measure is developed it needs to be systematically tracked to assess progress made in achieving goals.
Program Manager - Program Manager/Decision Maker (PM/DM): Responsible for decision making about the contract, and delegating responsibility and authority to others on the program team.
Program Monitoring - Program monitoring is a process to ensure that contracted services are being delivered in a professional manner, and meet any stipulated conditions set forth by the contract, special conditions and/or Program Instructions.
Program Representative – (Pro R): Responsible for performing or coordinating work to ensure that all program task are performed, and for decision making as delegated.
Procurement Representative – (Proc R): Responsible for determining type of procurement needed and conducting the procurement.