Idaho Admin. Code r. 38.05.01.011

Current through September 2, 2024
Section 38.05.01.011 - DEFINITIONS

Unless defined otherwise in these rules, the definitions set forth in Section 67-9203, Idaho Code, apply to this chapter.

01.Alternate. Property or services that are not at least a functional equal in features, performance or use of the brand, model or specification designated as the standard.
02.Brand Name or Equal Specification. A specification that uses a brand name to describe the standard of quality, performance or other characteristics being solicited and that invites the submission of equivalent property.
03.Brand Name Specification. A specification calling for property by manufacturers' names or catalogue numbers.
04.Buyer. An employee of the division of purchasing designated as a buyer, contract-administrator, purchasing agent, contracting officer, or similar designation by the administrator, including, where appropriate, the administrator and other management personnel. The term also includes authorized employee(s) of a purchasing authority.
05.Competitive Negotiation. Procedure by which the buyer negotiates with one (1) or more responsive offerors in accordance with the provisions of an invitation to negotiate.
06.Consultant Services. Work, rendered by either individuals or firms who possess specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis or advice in formulating or implementing programs or services or improvements in programs or services, including such areas as management, personnel, finance, accounting and planning. The consultant's services, opinions or recommendations will be performed according to the consultant's methods without being subject to the control of the agency except as to the result of the work.
07.Contract Administration. Actions taken related to changes to contracts, including amendments, renewals, and extensions; receipt, review and retaining of the contract and contract-related documents; and exercise of remedies.
08.Contract Management. Actions taken to ensure that both the agency and contractor comply with the requirements of the contract. Includes regular monitoring of the contractor's performance, evaluation of deliverables, invoice review, payment approval, progress tracking, regular status meetings, and management of state-owned property and other resources used in contract performance management.
09.Division. The division of purchasing of the department of administration as established by Section 67-9204, Idaho Code.
10.Document. When used in these rules, may include electronic documents.
11.E-procurement. Use of the division's electronic procurement system.
12.Equal. Property that meets or exceeds the quality, performance and use of the brand, model or specifications in the informal or formal solicitation.
13.Formal Sealed Procedure. Procedure by which the buyer solicits sealed bids or competitive sealed proposals by means of a formal solicitation.
14.Formal Solicitation. An invitation to bid, request for proposal, or invitation to negotiate.
15.Informal Solicitation. Procedure by which the buyer solicits informal competitive quotes by means of a request for quote.
16.Invitation to Bid or ITB. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
17.Invitation to Negotiate or ITN. All documents, whether attached or incorporated by reference, utilized for soliciting proposals for a competitive negotiation.
18.Offeror. A vendor who has submitted a response to a request for proposals or invitation to negotiate for property to be acquired by the state.
19.Professional Services. Work rendered by a contractor whose occupation is the rendering of such services and who has a professional knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not limited to accounting and auditing, legal, medical, nursing, education, actuarial, veterinarian, information technology and research. The knowledge is founded upon extensive and specialized intellectual training that enables a particular service to be rendered. The word "professional" implies professed attainments in special knowledge as distinguished from mere skills.
20.Proposal. A written response including pricing information to a request for proposals that describes the solution or means of providing the property requested and which proposal is considered an offer to perform a contract in full response to the request for proposals.
21.Purchase. The act of acquiring or procuring property for state use or the result of an acquisition.
22.Purchase Order. Notification to the contractor to provide the stated property under the terms and conditions set forth in the purchase order. It may include the form of the state's acceptance of a vendor's quote, proposal or bid. See also definition of contract.
23.Purchasing Authority. The division or an agency exercising authority based on a delegation of authority by the administrator to an individual or an agency; or as otherwise provided under these rules to engage in the conduct of purchasing.
24.Quote. An offer to supply property in response to a request for quote and generally used for informal solicitation procedures.
25.Request for Proposals or RFP. Includes all documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals as a component of the formal sealed procedure and is generally utilized in the acquisition of services or other complex purchases.
26.Request for Quote. The document, form or method generally used for purchases solicited in accordance with informal solicitation procedures.
27.Requisition. A standard state or agency specific form that serves as a purchasing request and that requests that the purchasing authority acquire the property.
28.Sealed. A bid or proposal physically or electronically sealed and submitted in accordance with requirements of a formal solicitation.
29.Sealed Procedure Limit. That dollar amount, as established by these rules, above which the formal sealed procedure will be used. The amount may be lowered by the administrator to maintain full disclosure or competitive purchasing or otherwise achieve overall state efficiency and economy.
30.Small Purchase. An acquisition that costs less than the sealed procedure limit.
31.Signature. A manual signature or an electronic signature, as defined in Section 28-50-102, Idaho Code, of an individual authorized to bind a person or entity.
32.State. The state of Idaho including each agency unless the context implies other states of the United States.
33.Telecommunications. All present and future forms of hardware, software or services used or required for transmitting voice, data, video or images.
34.Total Cost. The acquisition cost of property, including all components, options, and add-ons available under the contract, related services, and, in the case of ongoing services, the cost of the full term of the contract, including all authorized renewals. Unless a different total term is provided in the contract, the term used for purposes of total cost is five (5) years.
35.Written. When used in these rules, may include an electronic writing and communication.

Idaho Admin. Code r. 38.05.01.011

Effective April 6, 2023