Section 19-4399. DEFINITIONS

 

When used in this Chapter, the following words and terms shall have the meanings ascribed:

 

Best and Final Offer (BAFO) - An offeror's final proposal revision containing its best technical and price/cost offer as revised following negotiation of the offeror's original proposal.

 

Bidder - A firm or individual who submits a bid in response to an Invitation for Bids or a Request for Quotations.

 

Bond - A written instrument executed by a bidder or contractor and a second party (the "surety" or "sureties"), to assure fulfillment of the principal's obligations to a third party (the obligee or Library), identified in the bond. If the principal's obligations are not met, the bond assures payment, to the extent stipulated, for any loss sustained b the obligee.

 

Brand Name Description - A description that identifies a product by its brand name and model or part number or other appropriate nomenclature by which the product is offered for sale.

 

Claim - A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to a contract. A claim arising under a contract is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; provided that a written demand or written assertion by the contractor seeking the payment of money exceeding one hundred thousand dollars ($ 100,000) is not a claim under this Chapter until certified as required by Section 4380.8

 

Commercial Item - Any item, other than real property, that is used by the general public for other than governmental purposes and that has been sold, leased, or licensed to the general public.

 

Competitive Process - The process of obtaining offers (including bids and quotes) from two or more sources for products or services so that the desired items may be obtained at the lowest overall cost or best value.

 

Contracting Officer - A person with the authority to enter into, administer and/or terminate contracts. Contracting Officers sign contracts on behalf of the Library and bear the legal responsibility for contracts. Only those personnel with the requisite background and experience are designated as Library Contracting Officers.

 

Consent to Subcontract - The CCO's written consent for the prime contractor to enter into a specific subcontract.

 

Construction - The process of altering, repairing or improving an existing or building a new facility.

 

Contracts Review Committee - A committee appointed by the President of the Board of Library Trustees for the purpose of considering appeals from decisions made by the Executive Director/Chief Librarian regarding claims, debarment and suspensions, protests and disputes. The Committee shall include five (5) voting members: the President, three other Board members, and the Executive Director/Chief Librarian. Decisions shall be made by a majority vote.

 

Corporate Surety - A corporation licensed under District insurance laws which, under its charter, has legal power to act as surety for others.

 

Contracting Officer's Technical Representative (COTR) - The person responsible for the technical aspects of a requirement including monitoring contractor performance.

 

Debarment - Action taken by the CCO to exclude a contractor from Library contracting and approved subcontracting for a specified period of time.

 

Delivery Order - An order for supplies placed against established contracts which have been awarded by the Library. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of supplies and the place of delivery to be determined.

Executed - Transactions that are agreed to and signed by both parties.

 

Full and Open Competition - The competitive process where all responsible sources are permitted to compete for a contract award.

 

Individual Surety - A person who is liable for the entire penal amount of the bond.

 

Informal Hearing - A hearing with no formal rules of evidence, which may be performed by written correspondence.

 

Insurance - A contract that provides that, for a stipulated consideration, the insurer undertakes to indemnify the insured party against risk of loss, damage, or liability resulting from an unknown or contingent event.

 

Limited Competition - The process when full and open competition has been justifiably waived but a select number of offers are solicited and evaluated. Limited competition pertains to the negotiation procurement process.

 

Local, Small, Disadvantaged Business Enterprise - A firm or individual certified by the Department of Small and Local Business Development as a local, small or disadvantaged business enterprise.

 

Market Research - Collecting and analyzing information about capabilities within the market to satisfy Library requirements.

 

Mentor-Protégé Program - A program designed to encourage approved mentors to provide various forms of assistance to eligible protégé participants for the purpose of enhancing local, small and disadvantaged business enterprises participating in Library procurement opportunities.

 

Minor Informality or Irregularity - A minor error or irregularity that is merely a matter of form and not of substance. It also pertains to some immaterial defect in an offer that can be corrected or waived without being prejudicial to other offerors.

 

Notice of Intent to Award - A written notice to the apparent awardee advising of intent to award the contract contingent upon the execution of required bonds and the formal contract, and the obtaining of all necessary approvals.

 

Offeror - A firm or individual who submits a proposal in response to a Request for Proposals. The terms "bidder" and "offeror" are sometimes used interchangeably in the procurement process.

 

Payment Bond - A bond that ensures payment as required by law to all persons supplying labor or material in the performance of work required by the contract.

 

Performance Bond - A bond that secures performance and fulfillment of the contractor's obligations under the contract.

 

Penal Sum or Penal Amount - The amount of money specified in a security (or a percentage of the bid price in a bid security) as the maximum payment for which the surety is obligated.

 

Plans and specifications - Drawings, text, and other descriptions of the physical or functional characteristics required for and preliminary to the contract or construction project.

 

Protest - A claim by an interested party that the solicitation or the award of the contract or the failure to award the contract was or is contrary to law and that the action or inaction by the Library affects the direct economic interests of the interest party.

 

Purchase Order - An instrument used to contract for supplies and services for simplified procurements up to $ 100,000, except as required by Section 4313.

 

Request for Proposals (RFPs) - An instrument used in negotiated procurements to communicate the Library's requirements to prospective offerors and to solicit proposals. The term solicitation is used interchangeably with RFP.

 

Request for Qualifications - An instrument used to solicit qualifications from interested sources with the intent of pre-qualifying those sources to participate in a future solicitation.

 

Request for Quotations - An instrument used to procure supplies and services within the simplified procurement threshold up to $ 100,000.

 

Requisition - The document used to formally initiate a request for the procurement of supplies or services for simplified or major acquisitions.

 

Simplified Procurement - A requirement for supplies or services for $ 100,000 or less.

 

Sole Source - Supplies or services that are available form only one source. Sole source procurements must be fully documented and justified.

 

Statement of Work - The section of the contract and solicitation that describes the actual work to be accomplished when Competitive Sealed Proposals are used.

 

Subcontract - A contract between a prime contract (or a subcontractor) and a subcontractor to furnish supplies or services for performance of a part of a prime contract or another subcontract, including, but not limited to, purchase orders, and changes and modifications to purchase orders. A subcontract also means a joint venture or teaming arrangement.

 

Subcontractor - A supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

 

Task Order - An order for services placed against established contracts which have been awarded by the Library or other authorized source of supply. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of services and the place of performance to be determined.

 

Technical Evaluation - The process that is used to evaluate technical proposals submitted by offerors in response to a Library solicitation.

 

Technical Evaluation Panel - A group of individuals who are responsible for evaluating the technical proposals submitted by offerors.

 

Termination for Convenience - The exercise of the Library's right to partially or wholly terminate contractor performance when it is in the Library's interest.

 

Termination for Default - Exercise of the Library's right to partially or wholly terminate contractor performance because of contractor's actual or anticipated failure to perform its contractual obligations.

 

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).