§ 37.040  DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGGREGATE AMOUNT.  The total dollar amount during a fiscal year of items of a like nature, function and use, the need for which can reasonably be determined at the beginning of the fiscal year.  Items, the need for which could not reasonably be established in advance or which were unavailable because of a failure of delivery, need not be included in the AGGREGATE AMOUNT.
   CONFIDENTIAL INFORMATION.  Any information which is available to any employee only because of his status as an employee of the city, and which is not a matter of public knowledge or available to the public on request.
   CONSTRUCTION.  The process of building, altering, repairing or improving any public structure or building, or other public improvements of any kind to any public real property.  CONSTRUCTION does not include the routine operation, routine repair or routine maintenance of existing structures or real property.
   CONTRACT.  All types of city agreements, including grants and orders, for the purchase or disposal of supplies, services, construction or any other  item.  It  includes  awards  and  notices  of awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. CONTRACT also includes supplemental agreements with respect to any of the foregoing.
   COST ANALYSIS.  Will be necessary whenever adequate price competition is lacking and for the sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalogue or market price or a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. A COST ANALYSIS entails the review and evaluation of the separate cost elements and the proposed profit of an offeror’s cost or pricing data and the judgmental factors applied in estimating the costs. A COST ANALYSIS is generally conducted to form an opinion on the degree to which the proposed cost, including profit, represents what the performance of the contract should cost, assuming reasonable economy and efficiency.
   EVALUATED BID PRICE.  The dollar amount of a bid after bid-price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, residual value, and time of delivery, performance or completion.
   INVITATION FOR BIDS.  All documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures as set forth in KRS 45A.365.
   LEGISLATIVE BODY.   The Board of Commissioners.
   LOCAL PUBLIC AGENCY.  The City of Ashland.
   MAY is permissive.  However, the words "no person may . . ." mean that no person is required, authorized or permitted to do the act prescribed.
   NEGOTIATION.  Contracting by either the methods set forth in KRS 45A.370, 45A.375, or 45A.380.
   NONCOMPETITIVE NEGOTIATION. Informal negotiation with one or more vendor, contractor or individual without advertisement or notice.
   OBJECTIVE MEASURABLE CRITERIA.  Sufficient information in the invitation to bid as to weight and method of evaluation so that the evaluation may be determined with reasonable mathematical certainty.  Criteria which are otherwise subjective such as taste and appearance may be established when appropriate.
   PRICE ANALYSIS.  Involves examining and evaluating a proposed price without evaluating its separate cost and profit elements. PRICE ANALYSIS is based essentially on data that is verifiable independently from the offeror’s data. The accepted forms of PRICE ANALYSIS techniques are: market prices; comparison to previous purchases; comparison to a valid grantee independent estimate; and value analysis.
   PROCUREMENT.  The  purchasing,  buying, renting, leasing or otherwise obtaining any supplies, services or construction.  PROCUREMENT also includes all functions that pertain to the obtaining of any public procurement, including description of sources, preparation and award of contracts, and all phases of contract administration.
   REQUEST FOR PROPOSALS.  All documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in KRS 45A.370, 45A.375, 45A.380 or 45A.385.
   RESPONSIBLE BIDDER or RESPONSIBLE OFFEROR.  A person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.
   RESPONSIVE BIDDER.  A person who has submitted a bid under KRS 45A.365, which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
   SERVICES.  The rendering by a contractor of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of service.
   SHALL is imperative, no deviation.
   SPECIFICATIONS.  Any description of a physical or functional characteristic of a supply, service or construction item.  It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.
   STANDARD SPECIFICATIONS.  A specification established through a standardization process to be used for all or most purchases of a commodity or service by the city.
   SUPPLIES.  All property, including but not limited  to  leases  on  real  property,  printing  and insurance, except land or a permanent interest in land.
(‘83 Code, § 36.45) (Ord. 52-1979, passed 12-6-79; Am. Ord. 104-1980, passed 10-16-80; Am. Ord. 61-2019, passed 4-25-19)