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This article includes these definitions, definitions for online bidding in § 3-4-4, and definitions for source selection under § 3-5-1. Unless the context otherwise requires:

AFFILIATE. Any person effectively controlling or controlled by another or associated with others under common ownership or control.

AGGREGATE DOLLAR AMOUNT. Purchase price, including taxes and delivery charges, for the term of the contract and accounting for all allowable extensions and options.

ALTERNATE PROJECT DELIVERY METHODS. Design build, construction management at-risk, and job order contracting construction services.

AMENDMENT. Any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract, or by unilateral action as permitted by the terms of the contract.

ARCHITECT SERVICES. Those professional architect services that are within the scope of architectural practice as provided in A.R.S. Title 32, Chapter 1.

AWARD. A determination by the City that it is entering into a contract with one or more offerors.

BID. An offer in response to solicitation.

BIDDER. Has the same definition as that of OFFEROR.

BRAND NAME OR EQUAL SPECIFICATION. A written description that uses one or more manufacturers’ product name or catalog item, to describe the standard of quality, performance, and other characteristics that meet state requirements and provides for submission of equivalent products or services.

BRAND NAME SPECIFICATION. A written description limited to a list of one or more items by manufacturers’ product name or catalog item to describe the standard of quality, performance, and other characteristics that meet state requirements.

BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity.

CHANGE ORDER. A written order which is signed by the Procurement Manager and which directs the contractor to make changes that Procurement Manager determines is in the best interests of the City.

CITY. The City of Goodyear.

COMPETITIVE RANGE. The range determined on the basis of the criteria stated in the solicitation and shall include all offers that have a reasonable chance of being selected for award.

CONSTRUCTION.

(1) The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property.

(2) Does not include:

(a) The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property.

(b) The investigation, characterization, restoration or remediation due to an environmental issue of existing facilities, structures, buildings or real property.

CONSTRUCTION MANAGER AT RISK. A project delivery method in which:

(1) There is a separate contract for design services and a separate contract for construction services.

(2) The contract for construction services may be entered into at the same time as the contract for design services or at a later time.

(3) Design and construction of the project may be in sequential phases or concurrent phases.

(4) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

CONSTRUCTION SERVICES. Either of the following for construction manager at risk, design build and job order contracting project delivery methods:

(1) Construction, excluding services, through the construction manager at risk or job-order contracting project delivery methods.

(2) A combination of construction and, as elected by the City department, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction manager at risk, design build or job-order contracting in this section.

CONTRACT. All types of city agreements, regardless of what they may be called, for the procurement of materials, services, construction or the disposal of materials.

CONTRACT MODIFICATION. Any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract.

CONTRACTOR. Any person who has a contract with a city department.

COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, more than one public procurement unit.

COST DATA. Information concerning the actual or estimated cost of labor, material, overhead, and other cost elements that have been incurred or will be incurred by the offeror or contractor in performing the contract.

COST PLUS A PERCENTAGE OF COST CONTRACT. The parties to a contract agree that the fee will be a predetermined percentage of the cost of work performed and the contract does not limit the cost and fee before authorization of performance.

COST REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs which are reasonable, allowable and allocable in accordance with the contract terms and the provisions of this article, and paid a fee, if provided for in the contract.

DATA. Documented information, regardless of form or characteristic.

DAY. A calendar day, unless otherwise specified in the solicitation or contract.

DEBARMENT. An action taken by the Procurement Manager that prohibits a person from participating in the City’s procurement process.

DEPARTMENT. A subdivision or unit within the City as set forth in its organizational chart.

DESIGN BID BUILD. A project delivery method in which:

(1) There is a sequential award of two separate contracts.

(2) The first contract is for design services.

(3) The second contract is for construction.

(4) Design and construction of the project are in sequential phases.

(5) Finance services, maintenance services and operations services are not included.

DESIGN BUILD. A project delivery method in which:

(1) There is a single contract for design services and construction services.

(2) Design and construction of the project may be in sequential phases or concurrent phases.

(3) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

DESIGN REQUIREMENTS.

(1) Means at a minimum the City department’s written description of the project or service to be procured, including:

(a) The required features, functions, characteristics, qualities and properties.

(b) The anticipated schedule, including start, duration and completion.

(c) The estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance.

(2) May include:

(a) Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by an architect or engineer, as appropriate, who is registered pursuant to A.R.S. § 32-121.

(b) Additional design information or documents that the City department elects to include.

DESIGN SERVICES. Architect services, engineer services or landscape architect services.

DESIGNEE. A duly authorized representative of the Procurement Manager.

ELIGIBLE PROCUREMENT UNIT. A local public procurement unit, any other state, any agency of the United States, or a nonprofit educational or public health institution that is eligible under a cooperative agreement to use city contracts.

ENGINEER SERVICES. Those professional engineer services that are within the scope of engineering practice as provided in A.R.S. Title 32, Chapter 1.

FINANCE SERVICES. Financing for a construction services project.

GENERAL SERVICES ADMINISTRATION CONTRACT. Contracts awarded by the United States government general services administration.

GRANT. The furnishing of financial or other assistance, including state funds or federal grant funds, by any city department to any person for the purpose of supporting or stimulating educational, cultural, social or economic quality of life.

INTERESTED PARTY. An offeror or prospective offeror whose economic interest is affected substantially and directly by issuance of a solicitation, an award or loss of an award. Whether an offeror or prospective offeror has an economic interest depends upon the circumstances of each case.

JOB ORDER CONTRACTING. A project delivery method in which:

(1) The contract is a requirements contract for indefinite quantities of construction.

(2) The construction to be performed is specified in job orders issued during the contract.

(3) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

LANDSCAPE ARCHITECT SERVICES. Those professional landscape architect services that are within the scope of landscape architectural practice as provided in A.R.S. Title 32, Chap. 1.

LOCAL PUBLIC PROCUREMENT UNIT. Any political subdivision, any agency, board, department or other instrumentality of such political subdivision and any nonprofit corporation created solely for the purpose of administering a cooperative purchase under this article.

MAINTENANCE SERVICES. Routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

MATERIALS.

(1) All property, including equipment, supplies, printing, and insurance.

(2) Does not include land, a permanent interest in land or real property, or leases of property.

NEGOTIATION. An exchange or series of exchanges between the City and an offeror or contractor in which both parties intend to revise, in writing, an offer or contract, unless revision is specifically prohibited by these rules or statutes.

NOT SUSCEPTIBLE FOR AWARD. An offer in response to a solicitation fails to meet one or more of the mandatory requirements of the solicitation, fails to comply with any required criteria specifically mentioned in the solicitation, or that the offer is not within the competitive range in comparison to other offers that meet the criteria set forth in the solicitation.

OFFER. A response to a solicitation.

OFFEROR. A person that responds to a solicitation.

OPERATIONS SERVICES. Routine operation of existing facilities, structures, buildings or real property.

OWNER. The City of Goodyear.

PERSON. Any corporation, business, individual, union, committee, club, other organization or group of individuals.

PRECONSTRUCTION SERVICES. Construction advice during the design phase.

PRICE DATA. Information concerning prices, including profit, for materials, services, or construction substantially similar to the materials, services, or construction to be procured under a contract or subcontract. In this definition, PRICES refers to offered selling prices, historical selling prices, or current selling prices of the items to be purchased.

PROCUREMENT.

(1) Buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services.

(2) Includes all functions that pertain to obtaining any material, services, construction or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

PROCUREMENT CARD. A credit or debit card issued to the City that enables and facilitates on line or electronic transactions made in accordance with this article.

PROCUREMENT FILE. The official records file of the Procurement Manager.

PROCUREMENT MANAGER. The individual designated by the City Manager for the City who is thereby duly authorized as directed to enter into, approve, execute, or administer contracts; make written determinations on contracts, bids, or purchases; and to serve as the property administrator. Written determinations required by this article shall be retained in the appropriate official records file of the Procurement Manager.

PROCUREMENT REQUEST. The document that initiates a procurement.

PROFESSIONAL SERVICES. Those services, as determined by the Procurement Manager, that require specialized knowledge and training (often through long and intensive academic preparation) or in depth experience in a particular field or discipline, and may include licensing by a professional board. Professional services are professional, technical, or consultant services predominantly intellectual in nature. They may include analysis, evaluation, predicting, planning, or recommendation and usually result in the production of a report or completion of a task services.

PROPOSAL. An offer submitted in response to a solicitation.

PROSPECTIVE OFFEROR. A person that expresses an interest in a specific solicitation.

PUBLIC PROCUREMENT UNIT. The City, a state or an agency of the United States, or any local public procurement unit such as a city or county government.

RAW MATERIALS. Goods, excluding equipment and machinery, purchased for use in manufacturing a product.

RESPONSIBLE. When used in connection with a bid or offer shall mean that the bidder or offeror is fully capable to meet all of the requirements of the solicitation and subsequent contract.

RESPONSIVE. When used in connection with a bid or offer shall mean that the bid or offer fully conforms in all material respects to the solicitation and all of its requirements, including all form and substance.

SERVICES.

(1) The furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance.

(2) Does not include employment agreements or collective bargaining agreements.

SHALL. Something is mandatory.

SINGLE SOURCE. A procurement whereby a purchase is directed to one source because of standardization, warranty, or other factors even though other competitive sources may be available.

SOLE SOURCE. A procurement whereby only one vendor or supplier possesses the unique ability or capability to meet the particular requirements of the solicitation.

SOLICITATION. An invitation for bids, a request for technical offers, a request for proposals, a request for quotations, a request for qualifications, or any other invitation or request issued by the City to invite a person to submit an offer.

SOURCE SELECTION METHOD. A process that is approved by the Procurement Manager and used to select a person to enter into a contract for procurement.

SUBCONTRACTOR. A person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a city department.

SUSPENSION. An action taken by the Procurement Manager that temporarily disqualifies a person from participating in a city procurement process.

TRADE SECRET. Information, including a formula, pattern, device, compilation, program, method, technique, or process, that is the subject of reasonable efforts to maintain its secrecy and that derives independent economic value, actual or potential, as a result of not being generally known and not being readily ascertainable by public means. (Ord. 08-1137, passed 9-22-2008)

Statutory reference: A.R.S. §§ 41-2503 and 41-2631 with changes.