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5.33.010 Definitions.

(Amended by Ordinance Nos. 181547, 183445, 185898, 187373 and 187974, effective September 7, 2016.)

A.  The following definitions apply to the City of Portland’s Purchasing Authority, Policies and Rules as contained in this Chapter.

1.  Addendum or Addenda:  Additions or deletions to, material changes in, or general interest explanations of the City’s Solicitation Documents.

2.  Advantageous:  In the City’s best interests, as assessed according to the judgment of the City.

3.  Affected Person/Offeror:  A Person or Offeror whose ability to participate in a Procurement or Public Improvement Contract is adversely affected by the City. 

4.  Amendment:  Additions or deletions to or material changes to a City Contract.

5.  Authorized Representative:  The owner of a sole proprietorship, a partner in a firm or partnership, or, a person authorized to bind a corporation’s board of directors.

6.  Award:  The decision of the City to enter into a Contract with an Offeror.

7.  Bid:  A response to an Invitation to Bid.

8.  Bid or Proposal Bond/Bid or Proposal Security/Offer Security:  A means of securing execution of an Awarded Contract.

9.  Bidder:  An Offeror who submits a Bid in response to the City’s Invitation to Bid.

10.  Chief Procurement Officer:  The individual, of their designee, in charge of the Procurement Services Division of the Office of Management and Finance.

11.  City:  The City of Portland, Oregon or designee. 

12.  Closing:  The date and time announced in the City’s Solicitation Document as the deadline for submitting Offers.

13.  Commercially Useful Function (CUF): A function or service that the enterprise or business actually performs, for which a demand exists in the marketplace, and for which the enterprise of business receives payment that is proportionate to the work that the enterprise or business performs or that conforms with industry standards. CUF does not include acting as a broker to provide for other to perform work.

14.  Competitive Bidding: A selection process that involves an advertised public notice, issuance of a Written Solicitation Document inviting Persons to submit Written, signed, and sealed Bids that are received in Procurement Services and publicly opened at a designated time and place. 

15.  Competitive Negotiation: A method of Contracting in which Proposal evaluation and Contract Award result from an open and competitive procedure, typically through the Request for Proposal process, in which evaluation criteria in addition to price are considered in Contractor selection.

16.  Competitive Range:  The number of Proposers the City will conduct discussions or negotiate with if the City intends to conduct discussions or negotiations in accordance with Chapter 5.33 or Chapter 5.34.

17.  Construction Manager/General Contractor (CM/GC): An alternative contracting method, or a Person selected pursuant to that method, to perform a Public Improvement project.  The method typically requires a Contractor to undertake design phase involvement, constructability reviews, value engineering, scheduling, estimating and acquiring subcontracting services, establishing a GMP to complete the Contract Work, acting as General Contractor, coordinating and managing the building process, and providing General Contractor expertise. 

18.  Contract:  See definition for “Public Contract.”

19.  Contract Amount:  The total of the Awarded Bid or Proposal amount, including any approved alternates.  The “original” Contract Amount is, depending on the context, the maximum amount that the City will pay for work performed pursuant to the Contract or an estimated amount when the amount is based on unit prices.  The “final” Contract Amount is the amount that the City actually pays the Contractor after execution of change orders, Contract amendments, or variations in unit prices, which cause the original Contract price to increase or decrease.

20.  Contract Execution:  Contract Execution occurs when the Contract is signed by any mark, word, or symbol, in ink, or using Electronic means by an Authorized Representative of an Offeror and the City. 

21.  Contractor:  The Person with whom the City executes a Contract.

22.  Cost Estimate:  The City’s most recent pre-solicitation, good faith assessment of anticipated Contract costs, consisting of either the estimate of an architect, engineer or other qualified professional, formal planning budgetary, or confidential cost calculation documents, where available. 

23.  Days:  Calendar days, including weekdays, weekends and holidays, beginning at midnight and ending at midnight twenty-four hours later, unless otherwise specified by these rules or the Solicitation Document.

24.  Descriptive Literature:  Informational materials concerning available products or services submitted by Offerors in response to the City’s Solicitation Document.

25.  Domestic Partner: Any person who is registered with his or her employer as a domestic partner, or, in the absence of an employer-provided registry, is registered as a domestic partner with a governmental body pursuant to state or local law authorizing such registration and who is in fact a current domestic partner with the person with whom that person was registered.  Any internal employer registry of domestic partnership must comply with criteria for domestic partnerships specified by rule by the Bureau.

26.  Electronic:  Any means of transmission of information by Electronic device, including but not limited to Electronic mail or Facsimile.  A Facsimile or fax is a document that has been transmitted to the City over telephone lines and received by the City in a hard copy form by a device commonly known as a Facsimile machine. 

27.  Electronic Advertisement:  A notice of the City’s Solicitation Document or Request for Qualifications or information, or a request for price quotations, available over the Internet by:

a.  the World Wide Web or some other Internet protocol; or

b.  the City’s Electronic Procurement System. An Electronic Advertisement may include a Solicitation Document.

28.   Electronic Offer:  A response to the City’s Solicitation Document or request for price quotations submitted to the City via

a.  the World Wide Web or some other Internet Protocol; or

b.  the City’s Electronic Procurement System.

29.  Electronic Procurement System:  An information system that Persons may access through the Internet or that Persons may otherwise remotely access through a computer, that enables Persons to send Electronic Offers and the City to post Electronic Advertisements, receive Electronic Offers, and conduct other activities related to the City’s procurement of goods and services or construction services.

30.  Emergency:  Circumstances that:

a.  could not have been reasonably foreseen;

b.  create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

c.  require prompt execution of a Contract to remedy the condition.

31.  Equal Employment Opportunity (EEO):  An “Equal Employment Opportunity” Employer is one who does not engage in the discrimination prohibited by Federal law and who is registered as an EEO employer with the City of Portland. 

32.  Equal Benefits (EB):  means the provision of the same or equivalent benefits to employees with spouses and employees with domestic partners, to spouses of employees and domestic partners of employees, and to dependents and family members of spouses and dependents and family members of domestic partners.

33.  Facsimile:   A document that has been transmitted to and received by the City in a format that is capable of being received by a device commonly known as a facsimile machine.  A facsimile machine allows hard copy documents to be sent over telephone lines and be printed in another location.

34.  Goods:  Supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this definition. 

35.  Goods and Services/Goods or Services:  Any combination of any of the items identified in the definitions of “goods” and “services”. 

36.  Invitation to Bid (ITB): The Written document that invites offers from prospective contractors pursuant to either ORS 279B.055 or 279C.335.

37.  Life Cycle Costing: A determination of the cost of a product for its estimated useful life, including without limitation acquisition costs, operation and maintenance costs, and disposal.

38.  Local Contract Review Board: The Portland City Council, or designee.

39.  Nonresident Bidder:  A Bidder who is not a Resident Bidder.

40.  Offer: A Written response to a Solicitation Document.

41.  Offeror:  A Person that submits an Offer.

42.  Opening:  The date, time and place announced in the Solicitation Document for the public Opening of Written, sealed Offers. 

43.  Person:  An individual, corporation, business trust, estate, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity who has the legal capacity to enter into a Contract.

44.  Personal Services: as used in these rules, means services performed under a Professional, Technical or Expert Services Contract governed by Chapter 5.68 or pursuant to ORS 279A.055.

45.  Prequalification:  Depending on the context, either the process followed by the City to determine the qualifications of an Offeror or the process to determine the suitability of particular Goods. 

46.  Price Agreement:  A Contract for the Procurement of Goods or Services at a set price with:

a.  No guarantee of a minimum or maximum purchase; or

b.  An initial order or minimum purchase combined with a continuing Contractor obligation to provide Goods or Services, in which the City or other contracting agency does not guarantee a minimum or maximum additional purchase.

47.  Procurement:  The act of purchasing, leasing, renting or otherwise acquiring Goods or Services.  Procurement includes each function and procedure undertaken or required to be undertaken by the City to enter into a Contract, administer a Contract and obtain the performance of a Contract under the State Public Contracting Code. 

48.  Procurement Services:  A division of the Bureau of Revenue and Financial Services in the City of Portland.

49.  Product Sample:  The exact goods, or a representative portion of the exact goods requested by a Solicitation Document.

50.  Proposal:  A Written response to a Request for Proposals.

51.  Proposer:  A Person who submits a Proposal in response to the City’s Request for Proposals.

52.  Public Contract:  A sale or other disposal, or a purchase, lease, rental or other acquisition, by the City of personal property, services, including personal services, Public Improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement, but does not include “grants.”

53.  Public Improvement:  A project for construction, reconstruction or major renovation on real property by or for the City.  Public Improvements do not include projects for which no funds of the City are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection or Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.

54.  Qualified Rehabilitation Facility (QRF): A nonprofit community rehabilitation program or a vocational service provider whose purpose is to assist and encourage disabled individuals and which:

a.  During the fiscal year employs disabled individuals for not less than 75 percent of the hours of direct labor required for the manufacture or provision of its products or services. 

b.  Shall be either a community rehabilitation program certified through the Oregon Vocational Rehabilitation Division or a vocational service provider certified through the Oregon Mental Health Division of the Department of Human Resources;

c.  Meets the definition given in ORS 279.835(4); and

d.  Shall be currently certified by the Oregon Department of Administrative Services (ODAS) as a QRF; i.e., is listed as a current certificate holder in the annual QRF Directory, published by ODAS.

55.  Repair and Maintenance:  Ordinary repairs and maintenance necessary to preserve a public improvement.  Typically such repairs and maintenance do not prolong the lifespan of a public improvement nor increase its value beyond what was originally constructed. 

56.  Request for Proposals (RFP):  All documents used for soliciting Proposals. In accordance with these rules, or when permitted by Chapter 5.34.

57.  Request for Qualifications (RFQ): A Written document, issued by the City to prospective Contractors, that seeks a description of their experience and qualifications to perform certain identified Work that may or may not lead to the issuance of an RFP.

58.  Resident Bidder:  A Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this state and has stated in the Bid whether the Bidder is a “Resident Bidder” as this is defined.

59.  Responsible Offeror, Bidder or Proposer:  A Person who has submitted an Offer, Bid or Proposal and who meets the standards set forth in Sections 5.33.500 or 5.34.500, as applicable, and who has not been debarred, disqualified, or who has not failed to prequalify when Prequalification is required by the Solicitation Document.

60.  Responsive Offer, Bid or Proposal:  An Offer, Bid or Proposal that substantially complies in all material respects with applicable Solicitation procedures and requirements and the Solicitation Document.

61.  Scope: The range and attributes of the Goods or Services described in the applicable Procurement document.

62.  Services:  Services other than “personal” or “PTE” services covered by Chapter 5.68.

63.  Signature: Any Written or Electronic mark, word or symbol that is made or adopted by a Person with the intent to be bound to a Contract. 

64.  Signed:  As the context requires, the term “signed” means either that a Written document contains a Signature or that the act of making a Signature has occurred.

65.  Solicitation:  A request by the City for prospective Contractors to submit Offers.

66.  Solicitation Document:  An Invitation to Bid, Request for Proposals or other document issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B or 279C.   All documents referenced by the Solicitation Document are included in, and part of, the Solicitation Document.

67.  Specification:  A description of the physical or functional characteristics, or of the nature of a supply, Services  or construction item, including any requirement for inspecting, testing or preparing a supply, Services  or construction item for delivery and quantities or qualities of materials to be furnished under a Contract.   Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed.

68.  Subcontractor:  A Person, other than the Contractor’s employee, hired by the Contractor to perform a portion of the Work required by the Contract. 

69.  Work: The furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item in a Contract or, in context, the entire Contract and the timely successful completion of all duties and obligations imposed by the Contract.

70.  Writing:   Letters, characters and symbols inscribed on paper by hand, print type or other method of impression, intended to represent or convey particular ideas or meanings.  “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

71.  Written:  Existing in Writing.