For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCELERATED PROCUREMENT. A procurement method used by commodities such as fuel that must be obtained quickly due to significant shortages and/or short-term price fluctuations.
ADEQUATE EVIDENCE. More than mere accusation but less than substantial evidence. Consideration shall be given to the amount of credible information available, reasonableness in view of surrounding circumstances, corroboration, and other inferences that may be drawn from the existence or absence of affirmative facts.
AMENDMENT EXTENSION. Amendment extensions are used when one agency needs to continue a contract that would otherwise expire, but the contract has known renewal provisions available. An amendment may be used to extend such a contract for up to one year. These extensions ensure that services can continue without interruption, but require the same procedure as a new contract.
ARCHITECTURE/ENGINEERING SERVICES. Architecture and engineering services specifically relate to the preparation of plans and specifications for construction projects. This category does not include construction management or construction management and bill contracts, nor does it include the preparation of environmental studies.
AWARD. This term refers to the right of a vendor to sign a contract with the City of Somerton.
BID. An offer to furnish services in accordance with the request for proposal, these general conditions, special instructions, and the specifications.
BID OFFER. The form on which the bidder submits his or her bid.
BIDDER. Any person, company, or corporation submitting a bid.
BRAND NAME OR EQUAL SPECIFICATIONS. A specification that uses one or more manufacturers' names or catalog numbers to describe the standards of quality, performance, and other characteristics needed to meet city requirements, and that provides for the submission of equivalent products.
BUDGET. The allocation of the city's money for particular uses. On an annual basis, the City Council approves the uses of the city's money by breaking it down into allocations for each department for particular uses within the department.
BY AGAINST PROCUREMENT. The process by which, as part of contract administration, an agency obtains goods and services to fulfill its requirements after a vendor defaults or fails to fulfill its contract responsibilities.
CHANGE ORDER. A written modification or amendment of a contract used to implement necessary changes to unforeseen or unanticipated conditions discovered after the performance under the contract has begun. CHANGE ORDERS may adjust price or time for performance under the original contract and may include nonmaterial changes to the scope of the contract. CHANGE ORDERS must be completed with the same formality as negotiation of the original contract terms.
COMPETITIVE SEALED BID. The most frequently used procurement method for purchasing goods and construction and for standardized services. Contracts are awarded to the responsible vendor that agrees to provide the goods or services at the lowest price.
COMPETITIVE SEALED PROPOSAL. A procurement method used when an agency must consider factors in addition to price such as the vendor's experience and expertise. Also known as a request for proposal (RFP), it is most frequently used when procuring services, professional services, and architecture/engineering services.
COMPETITIVENESS. A goal intended to ensure the responsible use of public funds. It is achieved when multiple vendors compete contend for a contract, for competitive sealed bids, request for proposals, and competitive innovative procurements. This goal is achieved when agency receives three or more responses. For small purchases, COMPETITIVENESS is deemed as soliciting a minimum of ten vendors.
CONCESSION. An income-generating contract for the private use of city-owned property to serve a public purpose is a CONCESSION. Examples include pushcart, recreational facilities such as golf courses and tennis courts, parking lots, and the like. CONCESSIONS do not include franchises, revocable consents, or leases.
CONFIDENTIAL INFORMATION. Any information which is available to an employee only because of the employee's status as an employee of this city and is not a matter of public knowledge or available to the public on request.
CONFIRMING PURCHASE ORDER. A retroactive contract registered by the Administrative Services Director. After the contract start date.
CONSTRUCTION. The process of building, altering, repairing, improving, or demolishing any structure or building, or other improvements of any kind to any real property, does not include the routine operations, routine repair, or routine maintenance of existing structures, buildings, or real property.
CONTRACT. Agreement in which the City of Somerton is a party. CONTRACTS may take the form of a purchase order, or other instrument. CONTRACTS must be in writing in order for the city to be legally committed to expend funds. Such funds may be expended in exchange for goods, professional services, standard services, and architect/engineering or construction. The city may also enter into agreements to cooperate with other governmental entities through memoranda of understanding.
CONTRACTOR. Any person or business having a contract with the governmental body.
COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, more than one public procurement unit.
DAYS. Calendar days, and shall be computed pursuant to A.R.S. § 1-243.
DEBARMENT. Means an action taken by the city under section 805 to prohibit a person from participating in city procurements.
DEFAULT. Failure on behalf of a contractor to fulfill the requirements of the contract commonly a result of poor performance, inability to perform, unreasonable delays, loss of insurance or bond, or other deviation from the contract.
DEMONSTRATION METHOD. A short-term, carefully planned pilot exercise designed to test and evaluate the feasibility and up to ability of an innovative product, approach or technology. Not currently used by the city. At the conclusion of the contract term, based on the document results of the project, the agency determines whether to competitively acquire or to discontinue the use of the product, approach, or technology.
EMERGENCY PROCUREMENT. Method of procurement used to obtain goods and services very quickly, and in many instances without competition when an agency must address threats to public health or safety or provide a necessary service on an emergency basis.
FILED. Delivery to the City Clerk or the purchasing agent, whichever is applicable; a time/date mark affixed to a document shall be determinative of the time of delivery for purpose of filing.
FINANCE DIRECTOR.
FISCAL. A term which refers to financial matters.
FISCAL YEAR. The city's financial activity is established by virtue of an annual budget. All expenditures made pursuant to that budget are based upon a FISCAL YEAR, that is, 12 months established by legislative activity were local rule. The FISCAL YEAR may or may not be the calendar year. July 1 through June 30.
FRANCHISE. A contract that confers the right to occupy or use city property such as streets and parks, to provide a public service such as telecommunications and transportation services.
GOODS. A budget/fiscal category that includes the purchases of physical items.
GOVERNMENT TO GOVERNMENT PROCUREMENT. A method of procurement which allows the city to obtain goods and/or services from another part, governmental and succeed. In these cases, the accepted price terms and conditions achieved by another other governmental agency are deemed to meet the public need for competitiveness in the procurement process, intergovernmental purchase and Fast track method that enables city agencies to buy goods or services using pre-existing contracts between vendors and other government agencies.
LINE ITEM APPROPRIATION. As part of the city's budget process, the City Council provides funding directly to specific vendors such as a community-based human services organization or other nonprofit group.
NEGOTIATED ACQUISITION. A procurement method used to obtain services when only a few vendors are available to provide the goods and or services needed, when there's limited time available to procure the necessary goods and services, or when a competitive procurement process is otherwise not feasible. This method is often used for a variety of litigation support services.
NEGOTIATED ACQUISITION EXTENSION. Amendments to an existing contract. It is rarely used but is sometimes the only option to extend an on-going contract when renewals have been used up or are unavailable. These extensions ensure that services may continue uninterrupted and may extend the amount of time, money, or both time and money allocated to complete a project. Extensions require approval through the normal approval processes.
NON-RESPONSIBLE. A vendor that lacks the business integrity, financial capacity and/or ability to perform the requirements of a particular contract will be determined by the agency to be a NON-RESPONSIBLE bidder/proposer and thus eligible to be awarded a contract with the city. The vendor that is found NON-RESPONSIBLE made appeal that determination as set out in the use rules.
PRIME CONTRACTOR. Also referred to as a "contractor" or "general contractor" in construction services industry, it refers to a company or an individual who has entered into an agreement with the city to provide goods and services.
PROCUREMENT. The city's purchasing process, which includes vendor selection, payment, contract monitoring and administration, and evaluation of vendors.
PROFESSIONAL SERVICES. A class of services that require an individual to hold an advanced degree or have experience in a specialized field. Professional services are usually procured through a request for proposals, where emphasis is placed on the quality of the vendors approach, as the service is likely to be highly individualized. Services of this type include: legal, management consulting, information technology, accounting, auditing, actuarial, advertising, health, architecture, construction management, and environmental analysis.
PROTEST. Vendors that object to any aspect of a procurement and/or the resulting word such as the qualifications of the winning vendor, may file a vendor protest as set out above. This does not apply to accelerated procurements, emergency procurements, or small purchases.
PUBLIC HEARING. Public hearings are held in contract awards to make the process transparent and to give the public an opportunity to comment on proposed terms. The city conducts hearings on most contracts valued above $30,000. Departments may cancel a PUBLIC HEARING if, after notice is published, no member of the public indicates an interest in testifying.
PURCHASE ORDER.
RENEWAL CONTRACT. Procurement method used to continue operation of a registered contract that includes one or more options to renew.
REQUEST FOR PROPOSALS (RFP). See Competitive Sealed Proposals, above.
REQUISITION. The process through which the city's fiscal agents accomplish the following:
1. Encumber or hold funds to insure payment to the vendor on successful completion of the contract;
2. Record all city contracts and agreements;
3. Track city payments and revenue associated with each contract or agreement; or
4. Objects if there is evidence of corruption related to the procurement process itself or with the selected vendor.
RESPONSIBLE BIDDER OR PROPOSER. A vendor that has the capability in all respects to perform in full the contract requirements in the business integrity and reliability that will assure good performance and justify the award of public tax dollars.
SMALL PURCHASE. Method of procurement used for buying goods, services, and construction valued at between $0 to $1,000.
SOLE SOURCE CONTRACT. A procurement method, which may only be used when one vendor is available to provide the goods or services.
SOLICITATION. A process of notifying potential vendors that an agency wishes to receive bids or proposals for furnishing goods, services, or construction. The process may include public advertising, mailing invitations for bids and request for proposals, posting notices come into her delivery of telephone or fax messages to prospective vendors.
STANDARDIZED SERVICES. Standardized services typically do not require the provider to have experience in a specialized field or hold an advanced degree. The standard I services are clearly defined and highly commoditized: procurements for the services are generally awarded based on the lowest price. Examples include janitorial, collection, and food related services.
SUBCONTRACTOR. An individual or entity that has entered into an agreement with a contractor to provide goods and services required pursuant to a contract.
TIME. Mountain Standard Time.
(Res. 2008-011, passed 2-19-2008)