Or. Admin. Code § 291-160-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-160-0020 - Definitions

(1) Addenda and Addendum: A subsequent DOC published or publicly noticed written addition or deletion to, a material change in, or general interest explanation of, a Solicitation Document.

(2) Advantageous: In DOC's best interests, as assessed according to the judgment of DOC.

(3) Award: DOC's identification of the Person with whom DOC intends to enter into a Contract following the completion of any solicitation selection criteria and Contract negotiations.

(4) Bid: A written response to an Invitation to Bid. A Bid is an Offer.

(5) Closing: The date and time specified in a Solicitation Document as the deadline for submitting Offers.

(6) Contract: A sale or other disposal, or a purchase, lease, rental, or other acquisition, 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.

(7) Contract Administration: All functions related to a given Contract between DOC and a Contractor from the time the Contract is awarded until the work is completed, accepted, and all payment has been made, or until the Contract is terminated, payment has been made, and disputes have been resolved.

(8) Contract Price: 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.

(9) Contractor: The Person with whom DOC enters into a Contract.

(10) Descriptive Literature: Written information submitted with the Offer that addresses the goods and services included in the Offer.

(11) Service-Disabled Veteran Owned Business (SDVOB): A business that is formally verified as a Service-Disabled Veteran-Owned Small Businesses and must receive their verification through the federal Veteran's Administration Center for Verification and Evaluation (CVE) as well as listed on the U.S. Department of Veteran's Affairs Office of Small and Disadvantaged Business Utilization repository.

(12) Electronic Advertisement: A Solicitation Document, Request for Qualifications, or any other document inviting participation in procurements made available via electronic medium, including but not limited to the World Wide Web, the electronic procurement system approved by the Chief Procurement Officer, or electronic mail.

(13) Electronic Offer: A response to a Solicitation Document or other document inviting participation in a procurement, submitted to DOC via the World Wide Web, the electronic procurement system approved by the Chief Procurement Officer, or electronic mail.

(14) Emergency: Circumstances that:

(a) Could not have been reasonably foreseen;

(b) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety, or a threat to the safety or security of a correctional institution; and

(c) Require prompt execution of a Contract to remedy the condition.

(15) Entirely: As the context requires:

(a) To the full or entire extent, or completely; or

(b) To the exclusion of others, or solely (for example, an Offeror constructs a good "Entirely" by their own efforts).

(16) Food Services Operations and Programs: All material, equipment, food products, personal property, used equipment, and services required for the handling, preparation, delivery, serving, consumption, and storage of food products for DOC's adult in custody population.

(17) Independent Contractor: In the context of a Contract for services, a Person who provides services to DOC in which DOC neither controls nor has the right to control the means or manner by which work is performed. DOC may control the results of the services but will not control the means or manner of Contractor's performance of the work.

(18) Invitation to Bid (ITB): All documents, whether attached or incorporated by reference, used for soliciting Bids.

(19) Offer: A written offer to provide goods or services in response to a Solicitation Document.

(20) Offeror: A Person who submits an Offer.

(21) Opening: The date, time, and place specified in the Solicitation Document for the public opening of Offers.

(22) Opportunity Buy: An unsolicited offer to DOC by a Person to provide goods at a price that is lower than normal market price and is available for a short time.

(23) Oregon Offeror: An offeror that has paid unemployment taxes or income taxes in the State of Oregon during each of the 12 calendar months immediately preceding submission of the Offer, has a business address in the State of Oregon and has stated in the Offer whether the Offeror is an Oregon Offeror.

(24) Person: 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.

(25) Public Agency: Includes:

(a) Any county, city, special district or other public corporation, commission, authority or entity organized and existing under laws of this state, or any other state, or under the city or county charter of any county or city of this or any other state;

(b) Any agency of this state or any other state; and

(c) Oregon Health and Science University.

(26) Price Agreement:

(a) A Contract for the procurement of goods or 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 goods or services in which DOC does not guarantee a minimum or maximum additional purchase.

(b) The set price may exist at the outset or be determined later by an ordering instrument.

(27) Processed: As the context requires:

(a) Performed a particular process (for example, used cooking oil from any origin is processed in Oregon to create biofuel is considered "Processed"); or

(b) Treated with a substance (for example, wood products from any origin, treated in Oregon, and used for adults in custody art supplies are considered "Processed").

(28) Produced: Goods that are:

(a) Formed into a whole by uniting its parts, framed, constructed, or built (for example, a solar panel built in Oregon and composed of parts from any origin was "Produced");

(b) Formed by art or skill and labor, manufactured, or fabricated (for example, computer chips manufactured in Oregon and composed of parts from any origin were "Produced"); or

(c) Grown in Oregon (for example, plants grown in Oregon from seeds from any source are "Produced").

(29) Product Sample: 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.

(30) Proposal: A written response to a Request for Proposals. A Proposal is an Offer.

(31) Recycled Material: Any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. "Recycled Material" includes, but is not limited to, Recycled Paper, Recycled PETE products, and other recycled plastic resin products and Recycled Products.

(32) Recycled Paper: A paper product with not less than:

(a) Fifty percent of its fiber weight consisting of secondary waste materials; or

(b) Twenty-five percent of its fiber weight consisting of post-consumer waste.

(33) Recycled PETE: Post-consumer polyethylene terephthalate material.

(34) Recycled Product: All materials, goods, and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. Recycled Product includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form.

(35) Request for Proposals: All documents, whether attached or incorporated by reference, used for soliciting Proposals.

(36) Request for Qualifications: A written document 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.

(37) Request for Quotes: 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.

(38) Responsible: Meeting the standards of responsibility as described in OAR 291-160-0190.

(39) Responsible Offeror: As the context requires, a bidder or proposer who DOC determines meets the standards of responsibility set forth in OAR 291-160-0190.

(40) Responsive: Having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.

(41) Reverse Auction: A process for the purchase of goods or services by DOC from the lowest bidder as provided in OAR 291-160-0320(5).

(42) Signature: 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.

(43) Signed: As the context requires, that a Written document contains a Signature or that the act of making a Signature has occurred.

(44) Solicitation Document: An invitation to Bid, Request for Proposals, Request for Quotes, or other similar document issued to invite Offers from prospective Contractors. 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, a specialty 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.

(45) State Chief Procurement Officer: The Chief Procurement Officer of the Oregon Department of Administrative Services.

(46) Used Personal Property or Equipment: Property or equipment that has been placed in its intended use by a previous owner or user for a period of time recognized in the relevant trade or industry as qualifying the personal property or equipment as used at the time of DOC purchase. Used Personal Property or Equipment generally does not include property or equipment where DOC was the previous user, whether under a lease, as part of a demonstration, trial or pilot project, or similar arrangement.

(47) Writing: Letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend 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.

(48) Written: Existing in Writing.

Or. Admin. Code § 291-160-0020

DOC 11-2022, adopt filed 11/7/2022, effective 1/1/2023

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030, 423.075

Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030, 423.075