Section 19-2826. DEFINITIONS

 

2826.1For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

 

Acceptance - the act of an authorized representative of the Board by which the Board, for itself or as an agent of another, assumes ownership of existing identified supplies or approves specific services as partial or complete performance of the contract.

 

Advertising costs - costs incurred in using any advertising media when the advertiser has control over the form and content of what will appear, the media in which it will appear, or when it will appear.

 

Bad debts - losses arising from uncollectible accounts and other claims, such as dishonored checks, uncollected employee advances, and related collection and legal costs.

 

Commercial Items - supplies or services regularly used for other than Board purposes and sold or traded to the general public in the course of normal business operations.

 

Contingency costs - contributions to a reserve account for unforeseen costs.

 

Cost-reimbursement contract - a contract which provides for payment to the contractor of allowable costs incurred in the performance of the contract as determined in accordance with the Board’s Cost Principles as stated in subsection 2817. This type of contract establishes, at the outset, an estimated cost for the performance of the contract and a dollar ceiling which the contractor may not exceed, except at its own expense without prior approval or subsequent ratification by the contracting officer.

 

Depreciation and use allowances made for fully depreciated assets - accounting treatments to compensate contractors for the use of buildings, capital improvements, and equipment.

 

Entertainment costs - costs of meals, beverages, lodging, transportation, and gratuities which are incurred incident to the performance of any contract awarded under these regulations.

 

Established catalog price - a catalog, price list, schedule, or other verifiable and established record maintained by the manufacturer or vendor.  The record must be published or otherwise available for customer inspection and state current or last sales price.

 

Established market price - current prices that are established in the course of ordinary and usual trade between buyers and sellers free to bargain and can be substantiated by data from sources independent of the manufacturer or vendor.

 

Filed - where used in these regulations refers to the date and time of receipt by the appropriate Board employee.

 

Fines and penalties - all costs incurred as the result of violations of, or failure to comply with, federal, state, and local laws and regulations.

 

Fixed-price contract - a contract which places responsibility on the contractor for the delivery of the product or the complete performance of the services or construction in accordance with the contract terms at a price that may be firm or may be subject to contractually specified adjustments.

 

Formal solicitation - a written request by the Board for services/supplies submitted as a request for proposals (RFP), through competitive sealed proposals procedures, or invitation for bids (IFB), through competitive sealed bidding procedures.

 

Gift - a property transferred to another person without the other person providing in return consideration of equivalent value.

 

Inspection - the examination and testing of supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements and specifications.

 

Interested party - means any actual or prospective bidder, offeror, or contractor whose direct economic interest would be affected by the award of or failure to award a particular contract.

 

Loss - the excess of costs over income earned over a particular contract.  Losses may include both direct and indirect costs.

 

Multi-step sealed bidding - a two-phase process consisting of a technical phase  in which bidders submit unpriced technical offers to be evaluated by the Board.  In the second phase, price bids are considered for those bidders whose technical offers have been determined acceptable in the first phase.

 

Offer - A response from an offeror to provide specific supplies or services in accordance with the terms and conditions contained in the Invitation for Bids or Request for Proposals issued by the bidding or competitive sealed proposals.

 

Offeror - any individual, company, firm, corporation, partnership or other organization submitting a bid or proposal in response to an Invitation for Bids or Request for Proposals issued by the Board when procurement is by competitive sealed bidding or competitive sealed proposals.

 

Protest - means a written objection by an interested party to a solicitation by the Board for offers for a proposed contract for the acquisition of supplies or services or a written objection by an interested party to a proposed award or the award of such a contract.

 

Ratification - the act of approving an unauthorized commitment by a contracting officer.

 

Unauthorized commitment - an agreement that is not binding solely because the Board representative who made it lacked the authority to enter into that agreement on behalf of the Board.

 

source

Final Rulemaking published at 37 DCR 4081, 4111-12 (June 22, 1990).