Utah Admin. Code 354-1-103

Current through Bulletin 2024-18, September 15, 2024

Section R354-1-103 - Definitions

As used in this title:

(1) "Authority" means the Colorado River

(2) "Bidder" means a person who submits a bid or price quote in response to an Invitation for Bids

(3) "Bidding Process" means the Procurement process described in this the Procurement Procedure under Section R354-1-102.

(4) "Contract" means an agreement for a Procurement.

(5) "Contract Administration" means any function, duty, and responsibility associated with managing, overseeing, and carrying out a Contract between the CRAU and a Contractor, including:

(a) implementing the Contract;

(b) ensuring compliance with the Contract terms and conditions by the CRAU and the Contractor;

(c) processing Contract amendments;

(d) resolving, to the extent practicable, Contract disputes;

(e) curing Contract errors and deficiencies;

(f) terminating a Contract;

(g) measuring or evaluating completed work and Contractor performance;

(h) computing payments under the Contract; and

(i) closing out a Contract.

(6) "Contractor" means a person who is awarded a Contract with the CRAU.

(7) "Cooperative Procurement" means a Procurement made pursuant to R354-14.

(8) "Days" means calendar days, unless expressly provided otherwise.

(9) "Definite Quantity Contract" means a Fixed Price Contract that provides for a specified amount of supplies over a specified period, with deliveries scheduled according to a specified schedule.

(10) "Executive Director" means the executive director of the CRAU.

(11) "Fixed Price Contract" means a Contract that provides a price, for each Procurement Item obtained under the Contract, that is not subject to adjustment except to the extent that:

(a) the Contract provides, under circumstances specified in the Contract, for an adjustment in price that is not based on cost to the Contractor; or

(b) an adjustment is required by law.

(12) "Fixed Price Contract with Price Adjustment" means a Fixed Price Contract that provides for an upward or downward revision of price, precisely described in the Contract, that:

(a) is based on the consumer price index or another commercially acceptable index, source, or formula; and

(b) is not based on a percentage of the cost to the Contractor.

(13) "Grant" means an expenditure of Public Funds or other assistance, or an agreement to expend Public Funds or other assistance, for a public purpose authorized by law, without acquiring a Procurement Item in exchange.

(14) "Immaterial Error":

(a) means an irregularity or abnormality that is:

(i) a matter of form that does not affect substance; or

(ii) an inconsequential variation from a requirement of a Solicitation that has no, little, or a trivial effect on the Procurement process and that is not prejudicial to other Vendors; and

(b) includes:

(i) a missing signature, missing acknowledgment of an addendum, or missing copy of a professional license, bond, or insurance certificate;

(ii) a typographical error;

(iii) an error resulting from an inaccuracy or omission in the Solicitation; and

(iv) any other error that the Procurement Official reasonably considers to be immaterial.

(15) "Indefinite Quantity Contract" means a Fixed Price Contract that:

(a) is for an indefinite amount of Procurement Items to be supplied as ordered by the CRAU; and

(b) does not require a minimum purchase amount; or (i) provides a maximum purchase limit.

(16) "Invitation for Bids":

(a) means a document used to solicit:

(i) bids to provide a Procurement Item to the CRAU; or

(ii) quotes for a price of a Procurement Item to be provided to the CRAU; and

(b) includes any document attached to or incorporated by reference in a document described in Subsection (16)(a).

(17) "Multiple Award Contract" means the award of a Contract for an Indefinite Quantity of a Procurement Item to more than one person.

(18) "Multiyear Contract" means a Contract that extends beyond a one- year period, including a Contract that permits renewal of the Contract, without competition, beyond the first year of the Contract.

(19) "Offeror" means a person who submits a proposal in response to a Request for Proposals.

(20) "Procurement" means the acquisition of a Procurement Item through an expenditure of Public Funds, or an agreement to expend Public Funds.

(21) "Procurement Item" means an item of personal property, a Technology, or a service.

(22) "Procurement Official" means the Executive Director or the Executive Director's designee.

(23) "Professional Service" means labor, effort, or work that requires specialized knowledge, expertise, and discretion, including labor, effort, or work in the field of:

(a) accounting;

(b) financial services;

(c) Technology;

(d) the law; or

(e) underwriting.

(24) "Public Funds" means money, regardless of its source, including from the federal government, that is owned or held by the CRAU.

(25) "Request for Proposals" means a document used to solicit proposals to provide a Procurement Item to the CRAU, including any other document that is attached to that document or incorporated in that document by reference.

(26) "Request for Proposals Process" means the Procurement process described in R354, Request for Proposals.

(27) "Requirements Contract" means a Contract under which a Contractor agrees to provide the CRAU's entire requirements for certain Procurement Items at prices specified in the Contract during the Contract period; and that:

(a) does not require a minimum purchase amount; or

(b) provides a maximum purchase limit.

(28) "Responsible" means being capable, in any respect, of:

(a) meeting each requirement of a Solicitation; and

(b) fully performing all the requirements of the Contract resulting from the Solicitation, including being financially solvent with sufficient financial resources to perform the Contract.

(29) "Responsive" means conforming in each material respect to the requirements of a Solicitation.

(30) "Service":

(a) means labor, effort, or work to produce a result that is beneficial to the CRAU;

(b) includes a Professional Service; and

(c) does not include labor, effort, or work provided under an employment agreement or a collective bargaining agreement.

(31) "Small Purchase Process" means the Procurement process described in Rule R354-2.

(32) "Sole Source Contract" means a Contract resulting from a Sole Source Procurement.

(33) "Sole Source Procurement" means a Procurement without competition pursuant to a determination that there is only one source for the Procurement Item.

(34) "Solicitation" means an Invitation for Bids or Request for Proposals.

(35) "Solicitation Response" means:

(a) a bid submitted in response to an Invitation for Bids; or

(b) a proposal submitted in response to a Request for Proposals.

(36) "Specification" means any description of the physical or functional characteristics or of the nature of a Procurement Item included in an Invitation for Bids or a Request for Proposals, or otherwise specified or agreed to by the CRAU, including a description of:

(a) a requirement for inspecting or testing a Procurement Item; or

(b) preparing a Procurement Item for delivery.

(37) "Standard Procurement Process" means:

(a) the Bidding Process;

(b) the Request for Proposals Process;

(c) the Small Purchase Process; or

(d) the Professional Services Procurement process.

(38) "Subcontractor":

(a) means a person under Contract to perform part of a contractual obligation under the control of the Contractor, whether the person's Contract is with the Contractor directly or with another person who is under Contract to perform part of a contractual obligation under the control of the Contractor; and

(b) includes a supplier, distributor, or other Vendor that furnishes supplies or services to a Contractor.

(39) "Technology" means the same as "information technology," as defined in Section 63A-16-102.

(40) "Tie Bid" means that the lowest Responsive bids of Responsible Bidders are identical in price.

(41) "Time and Materials Contract" means a Contract under which the Contractor is paid:

(a) the actual cost of direct labor at specified hourly rates;

(b) the actual cost of materials and equipment usage; and

(c) an additional amount, expressly described in the Contract, to cover overhead and profit, that is not based on a percentage of the cost to the Contractor.

(42) "Transitional Costs":

(a) means the costs of changing:

(i) from an existing provider of a Procurement Item to another provider of that Procurement Item; or

(ii) from an existing type of Procurement Item to another type;

(b) includes:

(i) training costs;

(ii) conversion costs;

(iii) compatibility costs;

(iv) costs associated with system downtime;

(v) disruption of service costs;

(vi) staff time necessary to implement the change;

(vii) installation costs; and

(viii) ancillary software, hardware, equipment, or construction costs; and

(c) does not include:

(i) the costs of preparing for or engaging in a Procurement process; or

(ii) Contract negotiation or drafting costs.

(43) "Vendor":

(a) means a person who is seeking to enter into a Contract with the CRAU to provide a Procurement Item; and

(b) includes:

(i) a Bidder; and

(ii) an Offeror.

Utah Admin. Code R354-1-103

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021