D.C. Mun. Regs. r. 21-5399

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 21-5399 - DEFINITIONS
5399.1

When used in the Regulations, the following words and phrases shall have the meanings ascribed:

Bid - An offer to furnish goods and services including construction in conformity with and in response to specifications, delivery terms and conditions, and other requirements included in an Invitation For Bids (IFB).

Commercial Items - Items sold to the general public in the course of normal business operations that are competitively priced and based on established catalogue or market prices. Commercial products may include corresponding services for the installation, repair or maintenance associated with the item.

Contracting Officer - The General Manager and any other employee designated by the General Manager, possessing written and express authority to bind the Authority in specified contract matters.

Contracting Officer's Technical Representative (COTR) - An employee appointed in writing by a Contracting Officer to perform specified technical and administrative functions as are detailed in the appointment.

Construction - Activity that involves the construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. This activity is distinguished from manufacturing, furnishing of goods, or services and maintenance work. Construction does not include work from which the final product is exclusively personal property.

Ethics - Practices or requirements pertaining to appropriate conduct or motives that conform to professional standards of conduct.

Expression of Interest - A process used to identify potential offerors that might be interested in an upcoming procurement, and/or invite comment from companies with expertise and experience in the matter that will benefit the development of the specifications or statement of work.

Full and Open Competition - A manner of conducting procurements in which all responsible sources are permitted to compete.

Goods - Physical (tangible) products, including but not limited to, supplies, equipment, materials, printing, information technology hardware and software, and commodities.

Intergovernmental Agreement - An agreement by two or more public bodies, by memorandum of understanding, memorandum of agreement, contract or agreement, to exercise any powers that at least one of the parties possesses, provided that the primary purpose of the agreement is not the purchase of goods, services or construction.

Invitation for Bids (IFB) - The solicitation document used for competitive sealed bidding for the purchase of goods, services and construction.

Offeror - A person or entity that submits a bid or proposal to the Authority, generally in response to an IFB or RFP.

Procurement - The process by which the Authority acquires goods and services including construction, by and for its use through purchase or lease. Procurement begins at the point when Authority determines that an established need shall be met through contracting and includes the description of requirements to satisfy Authority needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling Authority needs by contract.

Project Delivery Method - The contracting approach selected to allocate risk and responsibility between a contractor and the Authority and to organize the contractor's work in connection with services, design, construction, operation, maintenance or supply. The Contracting Officer shall determine the appropriate project delivery method and may select any that best serves the Authority's interests, including but not limited to: design-bid-build; agency construction management; at-risk construction management; design-build; design-build-operate-transfer; design-build-operate-maintain; design-build-finance-operate; outsourcing; and public/private partnerships.

Proposal - An offer to furnish goods or services, including construction, in response to a Request for Proposals (RFP) that, if accepted, would bind the offeror to perform the resultant contract.

Protest - A written, timely objection to a solicitation or contract award submitted by a prospective or actual bidder/proposer whose direct economic interest would be affected by the award or failure to award a contract.

Public Body - Any state, the District of Columbia, any unit or political subdivision or component of any of the foregoing and any agency of the United States Government.

Relative - A spouse, parent, parent-in-law, child, step-child, sister, brother, brother-in-law, sister-in-law, step-parent, daughter-in-law, son-in-law, niece, nephew, first cousin, grandparent or grandchild, or any other related or unrelated individual that resides in the same household as the employee, officer, board member or agent.

Request for Information (RFI) - A process preliminary to a solicitation requesting information from potential vendors of goods or services, including construction, about their products and services.

Request for Proposals (RFP) - The solicitation document used in the competitive proposal process in which proposals are evaluated on the basis of technical standards, price and other criteria and in which negotiations with proposers prior to final selection and award of a contract is permissible.

Request for Qualifications (RFQ) - The solicitation document used to obtain Statements of Qualifications from prospective offerors in advance of the issuance of an Invitation for Bids or a Request for Proposals.

Services - Any activity that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish goods. Insurance is a service. Services also include consultation, advice, design and other work performed by either professional or non-professional personnel whether on an individual or organizational basis. This term shall not include employment agreements or collective bargaining agreements.

Solicitation - Any request to submit qualifications, expressions of interest, bids, proposals, or quotations to the Authority. A Solicitation under sealed bid procedures is called "Invitations for Bids." A Solicitation under competitive proposal procedures is called a "Request for Proposals" under one-step procurement, and is called "Request for Qualifications" and "Request for Proposals" under a two-step procurement. Small purchase solicitations may require submission of either a quotation or an offer (bid or proposal).

Statement of Qualifications - The submission of qualifications by an offeror in response to a Request for Qualifications.

D.C. Mun. Regs. r. 21-5399

Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009)
Authority: Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996, as amended (D.C. Law 11-111, §§ 203(3), (5), and (6) and 205(a)(3) and (7); D.C. Code §§ 34-2202.03(3), (5), and (6) and 34-2202.05(a)(3) and (7) ), and Board Resolution # 09-74