Section 8-B3099. 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 University), identified in the bond.  If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, for any loss sustained by 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.

 

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. 

 

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.

 

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 University contracting and approved subcontracting for a specified period of time.  

 

Delivery Order -  An order for materials or supplies placed against established contracts which have been awarded by the University.  The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of materials or 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 multiple

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.

 

Market Research – Collecting and analyzing information about

capabilities within the market to satisfy University requirements.

 

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 University affects the direct economic interests of the interest party.

 

Request for Proposals (RFPs) -  An instrument used in negotiated

procurements to communicate the University’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.

 

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 materials, 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

materials, 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 University 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 University 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 University’s right to partially or wholly terminate contractor performance when it is in the University’s interest.

 

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

 

University of the District of Columbia or University System of the District of Columbia – The independent agency of the District of Columbia established by the Post-Secondary Education Reorganization Act of 1974 and all organizational units thereof, including, but not limited to, the flagship four-year institution, community college, cooperative extension service, and law school components.

 

 

authority

D.C. Official Code § 38-1202.01 (2001 ed.)

source

Final Rulemaking published at 57 DCR 2630 (Mar. 2010).