For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES. Those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of the State of Rhode Island.
BLIND TRUST. An independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.
BRAND NAME OR EQUAL SPECIFICATION. A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet town requirements, and which provides for the submission of equivalent products.
BRAND NAME SPECIFICATION. A specification limited to one or more items by manufacturer's names or catalogues numbers.
BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CHANGE ORDER. A written order signed and issued by the purchasing agent, directing the contractor to make changes, which the "Changes" clause of the contract authorizes the purchasing agent to order without the consent of the contractor.
CONFIDENTIAL INFORMATION. Any information which is available to an employee only because of the employee's status as a town employee and is not a matter of public knowledge or available to the public on request.
CONSTRUCTION. The process of building, altering, repairing, improving, or demolishing 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 town agreements, regardless of what they may be called, for the procurement of supplies, services, or construction.
CONTRACT MODIFICATION (BILATERAL CHANGE). Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
CONTRACTOR. Any person having a contract with the town or a using agency thereof.
COST ANALYSIS. The evaluation of cost data for the purpose of arriving at costs actually incurred or estimated of costs to be incurred, prices to be paid, and costs to be reimbursed.
COST DATA. Factual information concerning the cost of labor, material, overhead, and other cost elements, which are expected to be incurred, or which have been actually incurred by the contractor in performing the contract.
COST-REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any.
DIRECT OR INDIRECT PARTICIPATION. Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
DISADVANTAGED BUSINESS. A small business, which is owned or controlled by a majority of persons, not limited to members of a minority group, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.
EMPLOYEE. An individual drawing a salary or wages from the town, whether elected or not; any noncompensated individual performing personal services for the town or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the town; and any noncompensated individual serving as an elected official of the town.
FINANCIAL INTEREST.
(1) Ownership of any interest or involvement in any relationship for which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, anything of value; any ownership of any property or business; or
(2) Holding a position in a business such as officer, director, trustee, partner, employee, or the like, or holding any position of management.
GRATUITY. A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value as defined by the Rhode Island Ethics Commission, present or promised, unless consideration of subsequently equal or greater value is received.
IMMEDIATE FAMILY. A spouse, children, parents, brothers, and sisters.
INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
PERSON. Any business, individual, union, committee, club, other organization, or group of individuals.
PRICE ANALYSIS. The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
PRICING DATA. Factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.
PROCUREMENT. The buying, purchasing, renting, leasing, or otherwise acquiring of any
supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contract, in all phases of contract administration.
PUBLIC AGENCY. A public entity subject to or created by the town.
QUALIFIED PRODUCTS LIST. An approved list of supplies, services, or construction items described by model or catalogue numbers, which, prior to competitive solicitation, the town has determined will meet the applicable specification requirements.
REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
RESPONSIBLE BIDDER OR OFFEROR. A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
RESPONSIVE BIDDER. A person who has submitted a bid, which conforms in all material respects to the requirements, set forth in the invitation for bids.
SERVICES. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.
SMALL BUSINESS. A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.
SPECIFICATION. Any description of the physical or functional characteristics or of the nature 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.
SUPPLIES. All property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land.
USING AGENCY. Any department, commission, board, or public agency requiring supplies, services, or construction procured pursuant to this chapter.
(Ord. passed 9-19-05)