For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Competitive proposals” refers to an intensive formal source selection method in which offers are evaluated on a combination of price and non-price factors, in order to identify the best value to the City. A purchase contract is awarded to the lowest and best offeror based on the response to the criteria set forth in an advertised request for proposals. Competitive proposals may include a single step or multi-step process and allow for the negotiation of all terms, including price prior to awarding a purchase contract.
(b) “Competitive sealed bidding” refers to a price-focused formal source selection method in which a purchase contract is awarded to the lowest and best bidder, based on the response to the criteria set forth in an advertised request for bids and does not include negotiations with bidders.
(c) “Construction manager at risk (CMR)” means a source selection method that allows the City to choose a construction manager based on qualifications. The construction manager enters a project before the design phase is complete and coordinates all subcontract work; enhancing the speed of project delivery and strengthening coordination with the architect/engineer.
(d) “Design-build” means a source selection method for construction that allows the City to choose a design and construction team based on qualifications. Parallel design and construction phases allow for fast track project delivery.
(e) “Formal source selection” means the methods of source selection for expenditures of fifty thousand dollars ($50,000) or more where the selection process is governed by this chapter as opposed to the administrative procurement rules, regulations and procedures established by the City Manager. A purchase contract stemming from formal source selection requires Council approval. Formal source selection methods available to the City include competitive sealed bidding and competitive proposals.
(f) “Informal source selection” means any method of source selection for expenditures less than fifty thousand dollars ($50,000) where the selection process is governed by the administrative procurement rules, regulations and procedures established by the City Manager. Purchase contracts resulting from informal source selection may be administratively awarded based on the competitive efforts of the City or another government entity or competition may be waived where not practicable or advantageous to the City.
(g) “Job order contracting” refers to a method of informal source selection pursuant to a unit price book establishing a generally accepted set price to be paid for a multitude of construction line items that can be selected to meet small-dollar construction needs.
(h) “Lowest and best” means City Council and/or the City Manager's determination of the best combination of price and quality based on the response to the criteria set forth in a request for bids, a request for proposals, a request for quotations or any document(s) used to obtain bids, offers or quotes.
(i) “Professional services” means services that usually require education, training, skill or expertise of an advanced, specialized, or peculiar nature, including, without limitation, such services as those performed by attorneys, architects, engineers, professional design firms, construction managers, surveyors, accountants, physicians, insurance advisors, information technology specialists and/or third-party administrators, specifically including professional design firms and services as defined in R.C. § 153.65.
(j) “Purchase contract” means a binding agreement, including short form contracts/purchase orders, for a single purchase of products, equipment, goods, materials or services. For purposes of determining the applicability of the dollar threshold requirements of Section 132.03, the City Manager's determination as to whether a purchase may reasonably and in good faith be deemed to constitute a single purchase shall be conclusive.
(k) “Request for bid (RFB)” refers to all documents, whether attached or incorporated by reference, utilized for a solicitation of bids. The solicitation of bids and source selection pursuant thereto is a formal source selection process.
(1) “Bidder” refers to a person/entity who submits a bid.
(2) “Bid” refers to the response submitted by a bidder in reply to a solicitation that, if accepted by the city, would bind the bidder into a resulting purchase contract. Once submitted a bid is not subject to negotiation.
(1) “Request for information (RFI)” means a non-binding market research method whereby the City seeks input from the interested parties for a possible future solicitation or source selection. Feedback may include best practices, industry standards, technology issues, etc. Generally, information related to price or cost is not required in a reply to a request for information.
(m) “Request for proposal (RFP)” refers to all documents, whether attached or incorporated by reference, utilized for a solicitation of offers.
(1) “Offeror” refers to a person/entity who submits an offer.
(2) “Offer” refers to the response submitted by an offeror in reply to a solicitation that the City may use as the basis for negotiating the terms of a purchase contract acceptable and advantageous to the City. Offer can be used interchangeably with the term “proposal.”
(n) “Request for qualifications (RFQu)” means a document which is issued by the City to obtain statements of the qualifications of potential development teams or individuals (i.e. consultants) to gauge the quality and degree of competition in the marketplace, prior to initiating a solicitation or source selection method.
(o) “Request for Quotation (RFQ)” refers to all documents, whether attached or incorporated by reference, utilized for the solicitation of quotations. Solicitation by RFQ and source selection therefrom is an informal source selection process.
(1) “Quoter” refers to a person/entity who submits a quotation.
(2) “Quotation” refers to a statement of price, terms of sale, and description of goods or services offered by a quoter to the City that, if accepted by the City, would bind the quoter to perform the resulting purchase contract. Quotation can be used interchangeably with the term “quote.”
(p) “Solicitation” means the City's act of publishing or distributing a request for bids, a request for proposals, a request for quotations or any other document(s) used to obtain bids, offers or quotes, where the City's publication thereof is intended to solicit replies for the purpose of entering into a purchase contract.
(q) “Source selection” the identification and selection of the supplier for goods, services, or construction whose price and quality best meet the City's needs.
(Ord. 03-23. Passed 7-1-03; Ord. 2011-04. Passed 2-15-11; Ord. 2015-33. Passed 10-20-15.)