For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. Any of the departments of the county government, and any division, board, bureau, district, commission or other instrumentality within that department, any independent court authority, commission, instrumentality or agency, or any elected official.
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.
BID. An offer submitted by a prospective vendor in response to an invitation for bid issued by a purchasing authority.
BID BOND. An insurance agreement, accompanied by a monetary commitment (surety bond or cashier check), the bidder will not withdraw the bid, the bidder will furnish bonds as required, and if the contract is awarded to the bonded bidder, the bidder will accept the contract as bid, or else the surety will pay the Fiscal Court a specific amount because of default on the part of the bidder.
BIDDER. One who submits a response to an invitation for bid.
CHIEF EXECUTIVE OFFICER. The County Judge/Executive, or the principal administrative officer of a local public agency, board or district, or the person designated by the chief executive officer or governing body of the local public agency to perform the procurement function.
COMPENSATION. Any money, thing of value or financial benefit conferred in return for services rendered or to be rendered.
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. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.
CONTRACT. All types of local public agency agreements, including grants and orders, for the purchase or disposal of supplies, services, construction or any other item. It includes awards and notices of award; 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. It also includes supplemental agreements with respect to any of the foregoing. It does not include labor contracts with employees of local public agencies.
COOPERATIVE PURCHASING. A variety of arrangements whereby two or more public procurement units purchase from the same supplier using a single invitation to bid (IFB) or request for proposals (RFP).
COST.
(1) Actual expenses incurred in delivering a product, service or construction; includes both direct and indirect costs, but does not include a fee or profit for the vendor;
(2) The amount, measured in money, of the expenditure to obtain goods and services, but does not include a fee or profit for the vendor.
COST-PLUS-FIXED-FEE. A cost-reimbursement contract that provides for the payment of a negotiated fee that is fixed at the inception of the contract and does not vary with the actual cost of performing the work, although the fee may be adjusted when there are changes in the work to be performed.
COUNTY. A subdivision of state government encompassing a particular geographical area and its citizens.
EMERGENCY PURCHASE (PROCUREMENT). A purchase made to alleviate a situation in which there is a threat to health, welfare or safety under certain conditions defined as an emergency by the Judge/Executive, or his or her designee, that does not allow time for normal, competitive purchasing procedures.
ESTABLISHED CATALOGUE PRICE. The price included in the most current catalogue, price list, schedule or other form that:
(1) Is regularly maintained by the manufacturer or vendor of an item; and
(2) Is either published or otherwise available for inspection by customers; and
(3) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item.
EVALUATED BID PRICE. The dollar amount of a bid after 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, time of delivery, performance or completion.
FISCAL COURT. A unit of local government made up of elected officials who deal with issues of the county.
FIXED-PRICE CONTRACT. A contract providing for a firm price or a price that may be adjusted only in accordance with contract clauses providing for revision of the contract under stated circumstances.
INCENTIVE CONTRACT. A fixed-price or cost-reimbursement contract with special provision for adjustment of the fixed price or fee after completion of the contract. Adjustment is based on the contractor’s actual costs, plus a sliding scale for a profit or fee, which varies inversely with the cost, but is within the maximum price or fee stated in the contract.
INVITATION FOR BIDS (IFB). All documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth herein.
LEGISLATIVE BODY or GOVERNING BOARD. The Fiscal Court, a council, commission or other governing body or special district; or a board of any other local public agency to which the Judge/Executive and/or the Fiscal Court has appointing authority.
LOCAL PUBLIC AGENCY. The county, special district or an agency formed by a combination of such agencies, or any department, board, commission, authority, office or other sub-unit of a political subdivision, including the offices of the County Clerk, County Sheriff, County Coroner and County Jailer.
LOWEST BID PRICE. The lowest price of all bids submitted.
LOWEST EVALUATED BID. The lowest price among the responsible bids submitted.
MAY means permissive. However, the words NO PERSON MAY... mean that no person is required, authorized or permitted to do the act prescribed.
NEGOTIATION. The bargaining process between two or more parties, each, with its own viewpoints and objectives, seeking to reach a mutually-satisfactory agreement on, or settlement of, a matter of common concern.
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 that are otherwise subjective, such as taste and appearance, may be established when appropriate.
OFFEROR. One who submits a proposal in response to a RFP in a competitive negotiation.
PERFORMANCE BOND. A bond, executed subsequent to an award by a successful bidder, to protect the buyer from loss due to the bidder’s inability to complete the contract as agreed, which secures the fulfillment of all contract requirements.
PERSON. Any business, individual, union, committee, club or other organization or group of individuals.
PROCUREMENT. The buying, purchasing, renting, leasing or otherwise acquiring of any goods, services or construction. It also includes all functions that pertain to obtaining of any supply, service or construction, including the description of requirements, the selection and solicitation of sources, the preparation and award of a contract, and all phases of contract administration.
PROPOSAL. The document submitted in response to the request for proposals (RFP) that is to be used as the basis for negotiations for entering into a contract.
PURCHASE ORDER. A purchaser’s written document to a vendor formalizing all the terms and conditions of a proposed transaction, such as a description of the requested item(s), delivery schedule, terms of payment, and transportation.
PURCHASING MANAGER. An employee in public purchasing with responsibility and authority to act for the jurisdiction in certain areas.
PURCHASING RECORDS. Records and documents that pertain to purchasing, i.e., purchase orders, contracts, agreements, request for bids, request for proposals, bid sheets, quotes, and the like.
RESPONSIVE BIDDER. A vendor who has submitted a bid that conforms in all material respects to the requirements stated in the IFB.
RESPONSIBLE BIDDER. A bidder who has the capability in all respects to fully perform the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment and credit that will assure good-faith performance.
REQUEST FOR PROPOSALS (RFP). All documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals.
SERVICES are classified as follows:
(1) CLIENT SERVICES. Services contracted for by a jurisdiction on behalf of clients, frequently requiring pre-qualification or licensing by government for the performance of the services. Examples include: day care, halfway houses, vocational rehabilitation, guidance counseling, employment services and catering.
(2) HIGH TECHNOLOGY SERVICES. A subset of management services provided by independent contractors who furnish and operate high-technology installations to perform complex support programs. These services may be performed on site or remotely. Examples include: hosting web sites and installations, and providing complete information-technology support,
(3) MANAGEMENT SERVICES. Managerial or ministerial functions performed by independent contractors assuming governance of the service delivery, the real and personal property, and, in differing contractual formats, the personnel of government functions. Examples include: management of hospitals, airports, transit facilities and functions, parks and concessions.
(4) PERSONAL SERVICES. Unique, technical and/or infrequent functions performed by an independent entrepreneur. Examples include: translation, technical editing, computer programming, consultant, realtor and appraisal services.
(5) PROFESSIONAL SERVICES. Unique, technical and/or infrequent functions performed by independent contractors whose occupations are rendering of such services. Examples include: medicine and medical arts, management and system consultation, the performing arts, legal, engineering, architecture and accounting.
(6) PROPRIETARY OR SUPPORT SERVICES. Functions performed by independent contractors where the process is more important than the product, if any. Examples include: janitorial and custodial services, protection and security, and trash removal.
SHALL means imperative.
SMALL PURCHASE. Any procurement not exceeding a given upper monetary limit, as established by law or regulation.
SPECIFICATIONS. A description of the physical or functional characteristics, or of the nature of, a supply, service or construction item; the requirements to be satisfied by a product, material or process, indicating, if appropriate, the procedures to determine whether the requirements are satisfied.
SURETY. An individual or corporation legally liable for the debt, default or failure of a principal to satisfy the obligations of a contract.
(Ord. 120.9, passed 8-24-99; Am. Ord. 121.42, passed 10-27-20)