Ala. Admin. Code r. 355-4-1-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-4-1-.02 - Definitions

As used in this chapter, except where the document clearly indicates otherwise, or where the termis defined elsewhere in this chapter, the following definitionsshall apply:

(a)Awarding Authority refers to the Department ofFinance, Division of Purchasing.

(b)Division of Purchasing refers to the Department ofFinance, Division of Purchasing.

(c)Term Contract means an open-end contract for aspecified term, against which the Division of Purchasing mayissue purchase orders for the goods or services specified by the contract.

(d)Purchase means the acquiring of any goods orservices by the state.

(e)Contract means a document or documents stating theterms and conditions for acquiring goods or services. In theevent of a purchase-by-purchase order, the contract shall bedeemed to include the purchase order, the Invitation to Bid, andthe bid of the successful bidder.

(f)Invitation to Bid (ITB) means a solicitation inwriting for goods and/or services requiring all bids to be sealedwhen received and to be opened in public.

(g)Bid means any response submitted by a bidder inresponse to an ITB.

(h)Notice of Award means a document accepting a bidmade by a bidder.

(i)Substitution is defined as an item that materiallyconforms to the specifications but is technically different fromthe item specified.

(j)"As written" or "In writing"or other references to writings, notices, correspondence or documents may includee-mail or other electronic communication if such form ofcommunication is approved by the Director of Purchasing.

(k)Notice of Intent to Award is an electronic posting on the Purchasing Division website evidencing the intent of theawarding authority to accept a bid and to award a contract at theexpiration of five calendar days.

(l)Evaluation Period is the time after bid opening and before the issuance of a "Notice of Intent to Award" duringwhich time a bid is examined and reviewed for compliance withmandatory specifications and terms and conditions for the good orservice being procured.

(m)Bid Subscription Organization is any organization, corporation, partnership or other business entity that maintainsa government procurement and bid database and that providesinformation and leads about government bids to subscribers for a fee.

Ala. Admin. Code r. 355-4-1-.02

Filed September 30, 1982. Amended: Filed December 6, 198 9; effective January 15, 1990. Repealed and New Rule: Filed November 15, 2001; effective December 20, 2001. Amended: Filed January 18, 2008; effective February 22, 2008.Amended: Filed April 6, 2010; effective May 11, 2010.

This rule was previously Rule No. 355-4-1-.01 (sametitle) as per certification filed November 15, 2001; effective December 20, 2001.

Author: Alabama Department of Finance

Authority:Code of Ala. 1975, § 41-4-35.