Section 8-A2599. DEFINITIONS

 

2599.1In addition to the definitions set forth in the applicable chapters of the D.C. Procurement Regulations (except where those definitions are superceded by the provisions of this section), when used in this chapter or in the provisions of the DCPR adopted under this chapter, the folllowing terms and phrases shall have the meanings ascribed:

 

Acquisition - the obtaining by contract of property, supplies, and services (including construction) by and for the School of Law through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated, and includes establishment of needs, the description of requirements to satisfy needs, the solicitation of sources, award of contracts, contract financing, contract administration and performance, and those technical and management functions directly related to the process of fulfilling School of Law needs by contract.

 

Best interests of the School of Law - courses of action that result in the most favorable position within the market for goods and services, or will maximize the achievement of other policies of the School of Law, as expressed in the rules and policies of the Board of Governors or other existing laws.

 

Bid bond - a form of security assuring that the bidder will not withdraw a bid within the period specified for acceptance and will execute a written contract within the time specified in the bid.

 

Bond - a written instrument executed by a contractor (principal) and a second party (surety or sureties) to assure the fulfillment of the contractor's obligations to a third party (an obligee or the School of Law). If the principal's obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.

 

Business - any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

 

Competitive bidding - the offer of prices by individuals or firms competing for a contract, privilege, or right to supply any specified services or materials.

 

Competitive sealed proposals - a process which includes the submission of sealed written technical and price proposals from two (2) or more sources and a written evaluation of each proposal in accordance with evaluation criteria which consider price, quality of the items, performance, and other relevant factors.

 

Construction - the process of building, altering, repairing, or improving any public structure or building, or other public improvements of any kind to any public real property. The term "construction" does not include the operation or routine maintenance of existing structures, buildings, or real property. Further, the term "construction," when applied to the School of Law, shall not include capital construction.

 

Contract - all types of mutually binding agreements covered by this chapter, which, except as otherwise authorized, are in writing.

 

Contract modification - a written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. The term "contract modification" includes actions such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

 

Contracting officer - The Director of Procurement of the School of Law or any official who is vested with the authority to execute contracts on behalf of the School of Law which may be subject to review by the Director for compliance with provisions of this chapter.

 

Contractor - any person that enters into a contract with the School of Law.

 

Cooperative purchasing - means procurement conducted by the School of Law with, or on behalf of, a neighboring jurisdiction.

 

Cost-plus-incentive-fee contract - a type of contract that specifies a target cost, a target fee, minimum and maximum fees, and a fee adjustment formula.

 

Cost-reimbursement contract - a contract under which the School of Law reimburses the contractor for those contract costs, within a stated ceiling, which are recognized as allowable and allocated in accordance with cost principles, and a fee, if any.

 

Data - recorded information, regardless of form or characteristics.

 

Designee - a duly authorized representative of a person holding a superior position.

 

Director - The Director of Procurement of the School of Law.

 

Director, DAS - the Director of the Department of Administrative Services, established by Mayor's Order 84-52, dated March 2, 1984.

 

Employee - an individual receiving a salary from the School of Law, whether elected or not, and any nonsalaried individual performing personal services for the School of Law.

 

Established catalogue price - the price included in the most current catalogue, price list, schedule, or other form that is regularly maintained by the manufacturer or supplier of an item; is either published or otherwise available for inspection by customers; states prices at which sales are currently or were last made to a significant number of buyers constituting the general public for that item; and states discontinued prices at which sales are currently or were last made to state, local, or federal agencies.

 

Evaluated bid price - the dollar amount of a bid after bid price adjustments are made under objective criteria, set forth in the invitation for bid, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.

 

Excess supplies - any supplies other than expendable supplies having a remaining useful life but which are no longer required by the using agency.

 

Expendable supplies - all tangible supplies other than nonexpendable supplies.

 

Fixed-price contract - a contract where the price is not subject to any adjustment on the basis of the contractor's cost experience in the performance of the contract.

 

Fixed-price-incentive contract - a contract that provides for adjusting profit and establishes the final contract price by a formula based on the relationship of final negotiated price to total target cost. The final price is subject to a target ceiling that is negotiated at the outset.

 

Invitation for bids - all documents, whether attached or incorporated by reference, utilized for soliciting bids pursuant to §2515.

 

Negotiation - contracting by either the method set forth in §§2516 or 2517.

 

Nonexpendable supplies - all tangible supplies having an original acquisition cost of over one hundred dollars ($100) per unit and a probable useful life of two (2) years or more.

 

Payment bond - a bond to assure payment, as required by law, to all persons supplying labor or material in the performance of the work provided in the contract

 

Performance bond - a bond to secure performance and fulfillment of the contractor's obligations under the contract.

 

Person - any business entity, individual, union, committee, club, or other organization or group of individuals.

 

Procurement - acquisition.

 

Procurement request - a document which requests that a contract be obtained for a specified need, and may include, but is not limited to, the technical description of the requested items, delivery schedule, transportation criteria for evaluation of solicitees, suggested sources of supply, and information supplied for the making of any required written determination and finding.

 

Request for proposals - all documents, whether attached or incorporated by reference, utilized for soliciting proposals pursuant to §2516.

 

Responsible bidder or offeror - a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

 

Responsive bidder - a person who has submitted a bid which conforms in all material respects to the invitation for bids.

 

Services - the rendering, by a contractor, of its time and effort rather than the furnishing of a specific product other than reports which are merely incidental to the required performance of services.

 

Sole source - where a single source in a competitive marketplace can fulfill the specifications of a contract or is found, for a justifiable reason, to be most advantageous to the School of Law for the purpose of contract award.

 

Source selection - the process of soliciting a bidder or offeror for the awarding of a contract.

 

Specification - any description of physical or functional characteristics, or of the nature of a supply, service or other item. The term "specification" may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

 

Supplemental agreement - any contract modification which is accomplished by the mutual action of the parties.

 

Supplies - all property subject to this chapter.

 

Surety - a business legally liable for the debt, default, or failure of a principal to satisfy a contractual obligation.

 

Term contract - a contract established for a period of time for bulk purchase of certain common-use items.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).