For the purpose of this article, the following definitions shall apply unless the Chief Procurement Officer determines that the context clearly indicates or requires a different meaning.
AWARD. The issuance of a purchase order or other validly executed contract.
BUSINESS. A seller of goods and/or services and/or a provider of construction services and materials; or a concessionaire. This term may refer to an individual, partnership, corporation, trust or other legal entity and does not include the subsidiaries, affiliates, parent companies, shareholders or principals thereof.
CAPITAL PROJECT. A construction or public works project.
CENTRAL PURCHASING OFFICE. The Purchasing Division of the Department of Finance and Administrative Services of the city, or any department or
division of the city subsequently charged with the duty of purchasing.
CHIEF PROCUREMENT OFFICER. That person charged with the responsibility of administering the Central Purchasing Office, or its designee.
CIP. The Capital Improvement Program of the city, or any department or division of the city subsequently charged with the oversight of capital construction projects.
COMPETITIVE SOLICITATION. The procurement process the city uses to request offers for the purchase, sale, lease, rental of goods, services or construction; or another transaction. The request may be in the form of a request for bids (RFB), a request for proposals (RFP), a request for quotes (RFQ), or another procurement methodology established by the Chief Procurement Officer.
CONCESSION CONTRACT. A revenue-producing contract that licenses or permits the use of city property except any kind of rights of way, by a business for the sale of goods or services at a profit.
CONSTRUCTION. The building, alteration, repair, improvement, installation, or demolition of any public structure, building, pipeline, or other public improvement of any kind on public real property. Construction does not include routine repair or maintenance of public buildings or other public structures.
CONTRACT or AGREEMENT. Any written agreement for the procurement of goods, services or construction, or for the establishment of a concession, including, but not limited to, a purchase order and incorporated documents.
CONTRACTOR. An offeror who has been awarded a contract.
COOPERATIVE PROCUREMENT AGENCY. Any public or private procurement cooperative established for use primarily by public agencies.
DESTINATION MARKETING ORGANIZATION (DMO). An organization which promotes a location as an attractive travel destination and exists to provide information to leisure travelers and to encourage event organizers to choose their location for meetings, incentives, conferences and exhibitions; and is accredited as a DMO through a globally recognized Destination Marketing Accreditation Program.
GOODS. Items of tangible personal property.
GREATER ALBUQUERQUE METROPOLITAN AREA. All locations within the city and Bernalillo County.
INTERGOVERNMENTAL AGREEMENT. An agreement between two or more public agencies.
LOCAL BUSINESS. A business that Is headquartered in and maintains its principal office and place of business in the Greater Albuquerque Metropolitan Area, as defined in § 5-5-3. Local business shall be verified on request by submittal of the business's quarterly IRS Form 941 or other documentation acceptable to the city.
MANAGEMENT or OPERATION OF A CITY OWNED FACILITY. Services provided under an approved professional/technical contract, concessions contract, or other operating agreement with the city in which a contractor is responsible for the daily management or operation of a city owned facility, including, but not limited to, the scheduling of facility events and maintenance of a facility event schedule.
MAYOR. The Mayor of the city or the Mayor's designee(s).
OFFER. A response to a competitive solicitation.
OFFEROR. A business or individual that submits a response to a competitive solicitation.
PLACE OF BUSINESS. A business's location in the Greater Albuquerque Metropolitan Area which is staffed and open to the public on a regular basis.
PROFESSIONAL/TECHNICAL SERVICES. Services performed by or under the direction of a licensed professional, a professional technician, or another person with technical training, as more particularly defined by the Chief Procurement Officer.
PUBLIC AGENCY. Any public body, department, division, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the United States, any state of the United States, any Indian tribe or pueblo, any local government, or any foreign government.
PURCHASING or PROCUREMENT. The buying, renting, leasing, lease-purchasing or otherwise obtaining of any goods, services or construction or a concession contract. It includes all functions that pertain to any city procurements, including, but not limited to, the preparation of specifications, solicitation and selection of sources, preparation and award of contracts, and contract administration unless otherwise excepted in this article.
RECOMMENDATION OF AWARD or ROA. The document approved by the Chief Procurement Officer which summarizes the offers received in response to a competitive solicitation and which designates the selected offeror and other relevant information.
RESPONSIBLE OFFEROR. A business which has the capability in all respects to perform fully the contract requirements set out in the competitive solicitation or existing contractas set forth in the Purchasing Rules and Regulations.
RESPONSIVE OFFER. A written offer in response to a competitive solicitation to furnish goods, services or construction in conformity with the standards, specifications, terms and conditions, and all other requirements established In the competitive solicitation. Responsiveness of offers shall be as more fully set forth in the Purchasing Rules and Regulations.
SERVICES. Labor, time or effort.
SOCIAL SERVICES. The provision, primarily to low and moderate income residents of the city, of human services such as health care, substance abuse treatment and prevention, day care, emergency shelters, youth services, senior services, employment services, and job training; housing intended primarily for low and moderate income residents of the city; and economic development activities designed primarily to benefit low to moderate income areas of the city or to increase employment among low and moderate income residents. A social services contract is a contract with a nonprofit organization or public agency for social services in return for the city’s payment of costs associated with the provision of social services, including, but not limited to, the costs for labor, supplies, operating expenses, equipment, and the acquisition or improvement of real property.
SOFTWARE LICENSE or SOFTWARE SUBSCRIPTION. Software or technology services hosted remotely by a third party.
USER DEPARTMENT, USER, or DEPARTMENT. A city department, office, or division for which procurement services are provided.
WATER UTILITY AUTHORITY. The Albuquerque Bernalillo County Water Utility Authority, a political subdivision of the State of New Mexico created by Laws 2003, Chapter 437 (Section 72-1-10 NMSA1978).
('74 Code, § 5-7-3) (Ord. 6-1991; Am. Ord. 30-1998; Am. Ord. 4-2003; Am. Ord. 13-2006; Am. Ord. 33-2007; Am. Ord. 26-2011; Am. Ord. 2019-005; Am. Ord. 2022-045; Am. Ord. 2023-003)