63G-6-103 - Definitions.
63G-6-103. Definitions.
As used in this chapter:
(1) "Architect-engineer services" are those professional services within the scope of thepractice of architecture as defined in Section 58-3a-102, or professional engineering as defined inSection 58-22-102.
(2) "Business" means any corporation, partnership, individual, sole proprietorship, jointstock company, joint venture, or any other private legal entity.
(3) "Change order" means a written order signed by the procurement officer, directingthe contractor to suspend work or make changes, which the appropriate clauses of the contractauthorize the procurement officer to order without the consent of the contractor or any writtenalteration in specifications, delivery point, rate of delivery, period of performance, price,quantity, or other provisions of any contract accomplished by mutual action of the parties to thecontract.
(4) (a) "Construction" means the process of building, renovation, alteration,improvement, or repair of any public building or public work.
(b) "Construction" does not mean the routine operation, routine repair, or routinemaintenance of existing structures, buildings, or real property.
(5) (a) "Construction Manager/General Contractor" means any contractor who enters intoa contract for the management of a construction project when that contract allows the contractorto subcontract for additional labor and materials that were not included in the contractor's costproposal submitted at the time of the procurement of the Construction Manager/GeneralContractor's services.
(b) "Construction Manager/General Contractor" does not mean a contractor whose onlysubcontract work not included in the contractor's cost proposal submitted as part of theprocurement of construction is to meet subcontracted portions of change orders approved withinthe scope of the project.
(6) "Contract" means any state agreement for the procurement or disposal of supplies,services, or construction.
(7) "Cooperative purchasing" means procurement conducted by, or on behalf of, morethan one public procurement unit, or by a public procurement unit with an external procurementunit.
(8) "Cost-reimbursement contract" means a contract under which a contractor isreimbursed for costs which are allowed and allocated in accordance with the contract terms andthe provisions of this chapter, and a fee, if any.
(9) (a) "Design-build" means the procurement of architect-engineer services andconstruction by the use of a single contract with the design-build provider.
(b) This method of design and construction can include the design-build providersupplying the site as part of the contract.
(10) "Established catalogue price" means the price included in a catalogue, price list,schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is either published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number ofany category of buyers or buyers constituting the general buying public for the supplies orservices involved.
(11) "External procurement unit" means any buying organization not located in this statewhich, if located in this state, would qualify as a public procurement unit. An agency of theUnited States is an external procurement unit.
(12) "Grant" means the furnishing by the state or by any other public or private sourceassistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in theform of supplies, services, or construction. A contract resulting from the award is not a grant buta procurement contract.
(13) "Invitation for bids" means all documents, whether attached or incorporated byreference, utilized for soliciting bids.
(14) "Local public procurement unit" means any political subdivision or institution ofhigher education of the state or public agency of any subdivision, public authority, educational,health, or other institution, and to the extent provided by law, any other entity which expendspublic funds for the procurement of supplies, services, and construction, but not counties,municipalities, political subdivisions created by counties or municipalities under the InterlocalCooperation Act, the Utah Housing Corporation, or the Legislature and its staff offices. Itincludes two or more local public procurement units acting under legislation which authorizesintergovernmental cooperation.
(15) "Person" means any business, individual, union, committee, club, otherorganization, or group of individuals, not including a state agency or a local public procurementunit.
(16) "Policy board" means the procurement policy board created by Section 63G-6-201.
(17) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preferenceunder the requirements of this chapter.
(18) "Procurement" means buying, purchasing, renting, leasing, leasing with an option topurchase, or otherwise acquiring any supplies, services, or construction. It also includes allfunctions that pertain to the obtaining of any supply, service, or construction, includingdescription of requirements, selection, and solicitation of sources, preparation, and award of acontract, and all phases of contract administration.
(19) "Procurement officer" means any person or board duly authorized to enter into andadminister contracts and make written determinations with respect thereto. It also includes anauthorized representative acting within the limits of authority.
(20) "Public procurement unit" means either a local public procurement unit or a statepublic procurement unit.
(21) "Purchase description" means the words used in a solicitation to describe thesupplies, services, or construction to be purchased, and includes specifications attached to ormade a part of the solicitation.
(22) "Purchasing agency" means any state agency other than the Division of Purchasingand General Services that is authorized by this chapter or its implementing regulations, or bydelegation from the chief procurement officer, to enter into contracts.
(23) "Request for proposals" means all documents, whether attached or incorporated byreference, used for soliciting proposals.
(24) "Responsible bidder or offeror" means a person who has the capability in allrespects to perform fully the contract requirements and who has the integrity and reliability whichwill assure good faith performance.
(25) "Responsive bidder" means a person who has submitted a bid which conforms in allmaterial respects to the invitation for bids.
(26) "Sealed" does not preclude acceptance of electronically sealed and submitted bids orproposals in addition to bids or proposals manually sealed and submitted.
(27) "Services" means the furnishing of labor, time, or effort by a contractor, notinvolving the delivery of a specific end product other than reports which are merely incidental tothe required performance. It does not include employment agreements or collective bargainingagreements.
(28) "Specification" means any description of the physical or functional characteristics,or of the nature of a supply, service, or construction item. It may include a description of anyrequirement for inspecting, testing, or preparing a supply, service, or construction item fordelivery.
(29) "State agency" or "the state" means any department, division, commission, council,board, bureau, committee, institution, government corporation, or other establishment, official, oremployee of this state.
(30) "State public procurement unit" means the Division of Purchasing and GeneralServices and any other purchasing agency of this state.
(31) "Supplies" means all property, including equipment, materials, and printing.
(32) "Using agency" means any state agency which utilizes any supplies, services, orconstruction procured under this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session