The following terms used in these regulations shall have the meanings set forth below:
ADDENDUM OR ADDENDA: Any addition or deletion to or a material change in a solicitation document.
AWARD: The selection of a person to provide goods, services or public improvements under a public contract. The award of a contract is not binding on the city of Heppner until the contract is executed and delivered by city of Heppner.
BID: A binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices.
CLOSING: The date and time announced in a solicitation document as the deadline for submitting offers.
CONCESSION AGREEMENT: A contract that authorizes and requires a private entity or individual to promote or sell, for its own business purposes, specified types of goods or services from real property owned or managed by the city of Heppner, and under which the concessionaire makes payments to the city of Heppner based, at least in part, on the concessionaire's revenues or sales. The term "concession agreement" does not include a mere rental agreement, license or lease for the use of premises.
CONTRACT PRICE: The total amount paid or to be paid under a contract, including any approved alternates, and any fully executed change orders or amendments.
CONTRACT REVIEW BOARD OR LOCAL CONTRACT REVIEW BOARD: The Heppner city council.
COOPERATIVE PROCUREMENT: Procurement conducted by or on behalf of one or more contracting agencies.
DEBARMENT: A declaration by the purchasing manager or city of Heppner under Oregon Revised Statutes 279B.130 or 279C.440 that prohibits a potential contractor from competing for the city of Heppner's public contracts for a prescribed period of time.
DISPOSAL: Any arrangement for the transfer of property by the city of Heppner under which the city of Heppner relinquishes ownership.
EMERGENCY: Circumstances that create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and require prompt execution of a contract to remedy the condition.
FINDINGS: The statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations, value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability, performance and funding sources.
GOODS: Any item or combination of supplies, equipment, materials or other personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto.
INFORMAL SOLICITATION: A solicitation made in accordance with the city of Heppner's public contracting regulations to a limited number of potential contractors, in which the solicitation agent attempts to obtain at least three (3) written quotes or proposals.
INVITATION TO BID: A publicly advertised request for competitive sealed bids.
MODEL RULES: The public contracting rules adopted by the attorney general under Oregon Revised Statutes 279A.065 and set forth in Oregon administrative rules chapter 137, divisions 46, 47, 48 and 49.
OFFEROR: A person who submits a bid, quote or proposal to enter into a public contract with the city of Heppner.
OREGON PUBLIC CONTRACTING CODE: Oregon Revised Statutes chapters 279A, 279B and 279C.
PERSON: A natural person or any other private or governmental entity, having the legal capacity to enter into a binding contract.
PERSONAL SERVICES CONTRACT: A contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The purchasing manager or Heppner city council shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services.
PROPOSAL: A binding offer to provide goods, services or public improvements with the understanding that acceptance will depend on the evaluation of factors other than, or in addition to, price. A proposal may be made in response to a request for proposals or under an informal solicitation.
PUBLIC CONTRACT: A sale or other disposal, or a purchase, lease, rental or other acquisition, by the city of Heppner of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.
PUBLIC IMPROVEMENT: A project for construction, reconstruction or major renovation on real property by or for the city of Heppner. "Public improvement" does not include:
A. Projects for which no funds of the city of Heppner are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
B. Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.
PURCHASING MANAGER: The city administrator or designee appointed by the city administrator to exercise the authority of the purchasing manager under these public contracting regulations.
QUALIFIED POOL: A pool of vendors who are prequalified to compete for the award of contracts for certain types of contracts or to provide certain types of services.
QUOTE: A price offer made in response to an informal or qualified pool solicitation to provide goods, services or public improvements.
REQUEST FOR PROPOSALS: A publicly advertised request for sealed competitive proposals.
SERVICES: Means and includes all types of services (including construction labor) other than personal services.
SOLICITATION: An invitation to one or more potential contractors to submit a bid, proposal, quote, statement of qualifications or letter of interest to the city of Heppner with respect to a proposed project, procurement or other contracting opportunity. The word "solicitation" also refers to the process by which the city of Heppner requests, receives and evaluates potential contractors and awards public contracts.
SOLICITATION AGENT: With respect to a particular solicitation or contract, the city administrator or designee appointed by the city administrator charged with responsibility for conducting the solicitation and making an award, or making a recommendation on award to the Heppner city council.
SOLICITATION DOCUMENTS: All informational materials issued by the city of Heppner for a solicitation, including, but not limited to, advertisements, instructions, submission requirements and schedules, award criteria, contract terms and specifications, and all laws, regulations and documents incorporated by reference.
STANDARDS OF RESPONSIBILITY: The qualifications of eligibility for award of a public contract. An offeror meets the standards of responsibility if the offeror has:
A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the offeror to meet all contractual responsibilities;
B. A satisfactory record of performance. The solicitation agent shall document the record of performance of an offeror if the solicitation agent finds the offeror to be not responsible under this paragraph;
C. A satisfactory record of integrity. The solicitation agent shall document the record of integrity of an offeror if the solicitation agent finds the offeror to be not responsible under this paragraph;
D. Qualified legally to contract with the city of Heppner;
E. Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to promptly supply information requested by the solicitation agent concerning responsibility, the solicitation agent shall base the determination of responsibility upon any available information or may find the offeror nonresponsible; and
F. Not been debarred by the city of Heppner, and, in the case of public improvement contracts, has not been listed by the construction contractors board as a contractor who is not qualified to hold a public improvement contract.
SURPLUS PROPERTY: Personal property owned by the city of Heppner, which is no longer needed for use by the department to which such property has been assigned. (Ord. 550-05, 3-14-2005)