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City of Portland

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5.33.010 Definitions.

(Amended by Ordinance Nos. 181547, 183445, 185898, 187373, 187974 and 189878, effective March 4, 2020.)

A.  The following definitions apply to the City of Portland’s Purchasing Authority, Policies and Rules as contained in this Chapter.

1.  Addendum or Addenda: Additions or deletions to, material changes in, or general interest explanations of the City’s Solicitation Documents.

2.  “Administering Contracting Agency” means a governmental body in this state or in another jurisdiction that solicits and establishes the original Contract for Procurement of goods, services or Public Improvements in a Cooperative Procurement.

3.  Advantageous: In the City’s best interests, as assessed according to the judgment of the City.

4.  Affected Person/Offeror: A Person or Offeror whose ability to participate in a Procurement or Public Improvement Contract is adversely affected by the City.

5.  Amendment: A change to a Contract made by addition, deletion, or correction.

6.  Authorized Representative: A person with legal authority to execute, amend, or terminate a Contract.

7.  Award: The decision of the City to enter into a Contract with an Offeror.

8.  Bid: A response to an Invitation to Bid.

9.  Bid or Proposal Bond/Bid or Proposal Security/Offer Security: A means of securing execution of an Awarded Contract.

10.  Bidder: An Offeror who submits a Bid in response to the City’s Invitation to Bid.

11.  Chief Procurement Officer: The person in charge of the Procurement Services Division of the Office of Management and Finance.

12.  City: The City of Portland, Oregon.

13.  City Council: The City’s governing body of elected officials comprised of the Mayor and Commissioners.

14.  Closing: The date and time announced in the City’s Solicitation Document as the deadline for submitting Offers.

15.  COBID Certified Firm: a company that has been certified by the State of Oregon Certification Office for Business Inclusion and Diversity (COBID) as a minority-owned, woman-owned, emerging or other business entity. The City recognizes the following certifications: Disadvantaged Business Enterprise (DBE), Minority-owned Business Enterprise (MBE), Women-owned Business Enterprise (WBE), Emerging Small Business Enterprise (ESB) Service-Disabled-Veteran-owned Business Enterprise (SDVBE).

16.  Commercially Useful Function (CUF): A function or service that the enterprise or business actually performs, for which a demand exists in the marketplace, and for which the enterprise or business receives payment that is proportionate to the work that the enterprise or business performs or that conforms with industry standards. CUF does not include acting as a broker to provide for other to perform work.

17.  Competitive Bidding: A selection process that involves an advertised public notice, issuance of a Solicitation Document inviting Persons to submit written, signed, and sealed Bids that are received in Procurement Services and publicly opened at a designated time and place.

18.  Competitive Negotiation: A method of Contracting in which Proposal evaluation and Contract Award result from an open and competitive procedure, typically through the Request for Proposal process, in which evaluation criteria in addition to price are considered in Contractor selection.

19.  Competitive Range: The number of Proposers the City will conduct discussions or negotiate with if the City intends to conduct discussions or negotiations in accordance with Chapter 5.33 or Chapter 5.34.

20.  Construction Manager/General Contractor (CM/GC): An alternative contracting method, or a Person selected pursuant to that method, to perform a Public Improvement project.  The method typically requires a Contractor or Consultant to undertake design phase involvement, constructability reviews, value engineering, scheduling, estimating and acquiring subcontracting services, establishing a Guaranteed Maximum Price (GMP) to complete the Contract Work, acting as General Contractor, coordinating and managing the building process, and providing General Contractor expertise.

21.  Contract: See definition for Public Contract.

22.  Contract Amount: The total of the Awarded Bid or Proposal amount, including any approved alternates.  The original Contract or Price Agreement Amount is, depending on the context, the maximum amount that the City will pay for work performed pursuant to the Contract or Price Agreement or an estimated amount when the amount is based on unit prices.  The final Contract or Price Agreement Amount is the amount that the City pays to the Contractor or Consultant after execution of change orders, Amendments, or variations in unit prices, which cause the original Contract or Price Agreement to increase or decrease.

23.  Contract Execution: Contract Execution occurs when the Contract or Price Agreement is signed by any mark, word, or symbol, in ink, or using Electronic means by an Authorized Representative of an Offeror and the City.

24.  Contractor or Consultant: The Person with whom the City executes a Contract or Price Agreement.

25.  Cooperative Procurement: means a Procurement conducted on behalf of more than one governmental body.  Cooperative Procurement includes but is not limited to multiagency Contracts and Price Agreements. Cooperative Procurement does not include an agreement formed among only governmental bodies under ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies.

26.  Cooperative Procurement Group: means a group of governmental bodies joined through an intergovernmental agreement for the purposes of facilitating Cooperative Procurements.

27.  Cost Estimate: The City’s most recent pre-solicitation, good faith assessment of anticipated Contract costs, consisting of either the estimate of an architect, engineer or other qualified professional, formal planning budgetary, or confidential cost calculation documents, where available.

28.  Days: Calendar days, including weekdays, weekends and holidays, beginning at midnight and ending at midnight 24 hours later, unless otherwise specified by these rules or the Solicitation Document.

29.  Descriptive Literature: Informational materials concerning available products or services submitted by Offerors in response to the City’s Solicitation Document.

30.  Domestic Partner: Any person who is registered with his or her employer as a domestic partner, or, in the absence of an employer-provided registry, is registered as a domestic partner with a governmental body pursuant to state or local law authorizing such registration and who is in fact a current domestic partner with the person with whom that person was registered.

31.  Electronic: Any means of transmission of information by electronic device, including but not limited to electronic mail.

32.  Electronic Advertisement: A notice of the City’s Solicitation Document available through the City’s Electronic Procurement System.

33.  Electronic Offer: A response to the City’s Solicitation Document via the City’s Electronic Procurement System.

34.  Electronic Procurement System: A system that Persons may access through the Internet, or that Persons may otherwise remotely access through a computer, that enables Persons to send Electronic Offers and the City to post Electronic Advertisements, receive Electronic Offers, and conduct other activities related to the City’s Procurement of Goods and Services.

35.  Emergency: Circumstances that:

a.  could not have been reasonably foreseen;

b.  create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

c.  require prompt execution of a Contract to remedy the condition.

36.  Emergency Procurement Contract: A Contract Awarded and executed in response to an Emergency.

37.  Equal Employment Opportunity (EEO): An Equal Employment Opportunity Employer is one who does not engage in the discrimination prohibited by Federal law and who is registered as an EEO employer with the City of Portland.

38.  Equal Benefits (EB): means the provision of the same or equivalent benefits to employees with spouses and employees with Domestic Partners, to spouses of employees and Domestic Partners of employees, and to dependents and family members of spouses and dependents and family members of Domestic Partners.

39.  Facsimile: A document that has been transmitted to and received by the City in a format that is capable of being received by a device commonly known as a facsimile machine.  A facsimile machine allows hard copy documents to be sent over telephone lines and be printed in another location.

40.  Goods: Supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this definition.

41.  Interstate Cooperative Procurement: A permissive Cooperative Procurement in which the Administering Contracting Agency is a governmental body, domestic or foreign, that is authorized under the governmental body’s laws, rules or regulations to enter into Contracts and in which one or more of the participating governmental bodies are located outside this state.

42.  Invitation to Bid (ITB): The written document that invites offers from prospective contractors pursuant to either ORS 279B.055 or 279C.335.

43.  “Joint Cooperative Procurement” means a Cooperative Procurement in which the participating governmental bodies or the Cooperative Procurement group and the bodies’ or group’s Contract requirements or estimated Contract requirements for Price Agreements are identified.

44.  Life Cycle: consecutive and interlinked stages of a Goods or Services system, from cradle to grave, e.g. from resource generation and raw material acquisition through production, use, and final disposal.

45.  Life Cycle Analysis or Life Cycle Assessment: a comprehensive method for assessing a range of environmental impacts across the full life cycle of a Goods or Services system. It is a tool that can be used to evaluate the environmental impacts of a product, material, process, or activity.

46.  Life Cycle Costing: a method for calculating the costs of Goods or Services throughout their life cycle.  It includes total cost of ownership and positive or negative externalities which can be monetized, both to the City and society.

47.  Local Contract Review Board: The Portland City Council.

48.  Nonresident Bidder: A Bidder who is not a State of Oregon Resident Bidder.

49.  Offer: A Bid or Proposal in response to a Solicitation Document.

50.  Offeror: A Person who submits an Offer.

51.  Opening: The date, time and place announced in the Solicitation Document for the public unsealing of sealed Offers.

52.  Original Contract means the initial Contract or Price Agreement solicited and Awarded during a Cooperative Procurement by an Administering Contracting Agency.

53.  Permissive Cooperative Procurement means a Cooperative Procurement in which the Purchasing Contracting Agencies are not identified.

54.  Person:  An individual, corporation, business trust, estate, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity who has the legal capacity to enter into a Contract or Price Agreement.

55.  Personal Services: as used in these rules, means services performed under a Professional, Technical or Expert Services Contract governed by Chapter 5.68 or pursuant to ORS 279A.055.

56.  Prequalification:  Depending on the context, either the process followed by the City to determine the qualifications of an Offeror or the process to determine the suitability of particular Goods.

57.  Price means the cost to the City of the Goods and/or Services under Contracts procured under the procurement Code of the City of Portland.

58.  Price Agreement: A Contract for the Procurement of Goods or Services at a set price with:

a.  No guarantee of a minimum or maximum purchase; or

b.  An initial order or minimum purchase combined with a continuing Contractor or Consultant obligation to provide Goods or Services, in which the City or other contracting agency does not guarantee a minimum or maximum additional purchase.

59.  Procurement: The act of purchasing, leasing, renting or otherwise acquiring Goods or Services.  Procurement includes each function and procedure undertaken or required to be undertaken by the City to enter into a Contract or Price Agreement, administer a Contract or Price Agreement and obtain performance against a Contract or Price Agreement.

60.  Procurement List means a listing of those nonprofit agencies for Disabled Individuals that currently are qualified to participate in the program created by ORS 279.835 to 279.850 and includes a list of the products and Services offered by such agencies and determined by the State Procurement Office to be suitable for purchase by the City.

61.  Procurement Services: A division of the Bureau of Revenue and Financial Services in the City of Portland.

62.  Product Sample: The exact goods, or a representative portion of the exact goods requested by a Solicitation Document.

63.  Project: All components of a City's planned undertaking that gives rise to the need for Goods or Services.

64.  Proposal:  A Written response to a Request for Proposals.

65.  Proposer:  A Person who submits a Proposal in response to the City’s Request for Proposals.

66.  Public Contract:  A sale or other disposal, or the purchase, lease, rental or other acquisition, by the City of personal property, Services, including personal Services, Public Improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement, but does not include “grants.”

67.  Public Improvement: A project for construction, reconstruction or major renovation on real property by or for the City.  Public Improvements do not include projects for which no funds of the City are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection or Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.

68.  Public Notice: (also Notice and Notice of Intent) A notice in written or electronic format by the City of its intention to perform an action such as, but not limited to, issuing a solicitation or entering into a contract.

69.  Procuring Contracting Agency: means a governmental body that procures goods, services or Public Improvements from a Contractor based on the Original Contract established by an Administering Contracting Agency.

70.  Qualified Rehabilitation Facility (QRF): A nonprofit community rehabilitation facility certified as a community rehabilitation program or a vocational service provider through the Oregon Department of Human Services through ORS 278.835 to 278.850 whose purpose is to assist and encourage disabled individuals and which:

a.  During the fiscal year employs disabled individuals for not less than 75 percent of the hours of direct labor required for the manufacture or provision of its products or services.

b.  Shall be either a community rehabilitation program certified through the Oregon Vocational Rehabilitation Division or a vocational service provider certified through the Oregon Mental Health Division of the Department of Human Resources;

c.  Meets the definition given in ORS 279.835(4); and

d.  Shall be currently certified by the Oregon Department of Administrative Services as a QRF; i.e., is listed as a current certificate holder in the annual QRF Directory, published by that Department.

71.  QRF Contract: A Contract entered into under the program created by ORS 279.835 to 279.850.

72.  Repair and Maintenance: Ordinary repairs and maintenance necessary to preserve a public improvement.  Typically such repairs and maintenance do not prolong the lifespan of a public improvement nor increase its value beyond what was originally constructed.

73.  Request for Proposals (RFP): All documents, paper or electronic, used for soliciting Proposals in accordance with these rules, or when permitted by Chapter 5.34 and 5.68.

74.  Request for Qualifications (RFQ): A Written document, issued by the City to prospective Contractors or Consultants, that seeks a description of their experience and qualifications to perform certain identified Work that may or may not lead to the issuance of an RFP.

75.  Resident Bidder: A Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this state and has stated in the Bid whether the Bidder is a “Resident Bidder” as this is defined.

76.  Responsible Offeror, Bidder or Proposer: A Person who has submitted an Offer, Bid or Proposal and who meets the standards set forth in Sections 5.33.500 or 5.34.500, as applicable, and who has not been debarred, disqualified, or who has not failed to prequalify when Prequalification is required by the Solicitation Document.

77.  Responsive Offer, Bid or Proposal: An Offer, Bid or Proposal that substantially complies in all material respects with applicable Solicitation procedures and requirements and the Solicitation Document.

78.  Scope: The range and attributes of the Goods or Services described in the applicable Solicitation Document.

79.  Services: All services other than personal or PTE services covered by Portland City Code Chapter 5.68.

80.  Signature: Any Written or Electronic mark, word or symbol that is made or adopted by a Person with the intent to be bound to a Contract or Price Agreement.

81.  Social Cost of Carbon: the net present value of climate damages (with harmful damages expressed as a positive number in dollars per metric ton of CO2-equivalent) from one or more tons of CO2 or CO2-equivalent emissions. The social cost of carbon is meant to be a comprehensive estimate of climate change damages and includes, among other things, changes in net agricultural productivity, human health, property damages from increased climate risks, changes in energy system costs, and the value of ecosystem services.

82.  Solicitation:  A request by the City for prospective Contractors or Consultants to submit Offers.

83.  Solicitation Document: An Invitation to Bid, Request for Proposals or other document issued to invite Offers from prospective Contractors or Consultants pursuant to ORS Chapter 279B or 279C.  All documents referenced by the Solicitation Document are included in, and considered part of, the Solicitation Document.

84.  Specification: A description of the physical or functional characteristics, or of the nature of a supply, Services or construction item, including any requirement for inspecting, testing or preparing a supply, Services  or construction item for delivery and quantities or qualities of materials to be furnished under a Contract or Price Agreement.  Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed.

85.  Subcontractor/Subconsultant: A Person, other than the Contractor or Consultant’s employee, hired by the Contractor or Consultant to perform a portion of the Work required by the Contract.

86.  Sustainable Procurement: procurement that has the greatest positive environmental, social and economic impacts possible over the entire life cycle.

87.  Total Cost of Ownership: the comprehensive accounting of the total cost of acquiring a good or service, including initial costs, energy and operational costs, regulatory costs, longevity and efficacy of service, and disposal costs.

88.  Work: The act of furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item in a Contract or Price Agreement or, in context, the entire Contract or Price Agreement and the timely successful completion of all duties and obligations imposed by the Contract.

89.  Writing: Letters, characters and symbols inscribed by hand, print type or any other method of impression, intended to represent or convey particular ideas or meanings.