OAR 137-045-0010
Definitions
(1)
“Agency” means “State agency” as defined in ORS 291.045 (Definitions for ORS 291.045 and 291.047).(2)
“Agency Contract Administration” means an action undertaken by an Agency in accordance with the terms of a Public Contract that has been approved for legal sufficiency if required, or is exempt from legal sufficiency approval, and does not change the Public Contract. Agency Contract Administration does not include an assignment of rights or delegation of duties under a Public Contract to a third party. Examples of Agency Contract Administration include, but are not limited to, actions that result in:(a)
A notice to proceed, the exercise of an option, or any other exercise of a contractual right, whereby the Agency causes a Public Contract to be implemented in accordance with its terms; and(b)
A purchase order, work order or similar ordering instrument issued under a binding contract such as a Requirements Contract or Variable Delivery Contract.(3)
“Architectural and Engineering Services Contract” means a Public Contract for architectural, engineering and land surveying services as defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)(2) or related services as defined in 279C.100 (Definitions for ORS 279C.100 to 279C.125)(6).(4)
“Assistant Attorney General” means a person appointed by the Attorney General under ORS Chapter 180 (Attorney General) as an Assistant Attorney General or as a Special Assistant Attorney General and who is authorized in writing by the Chief Counsel, General Counsel Division, to review and approve Public Contracts for legal sufficiency. Such authorization may be limited by the Public Contract type and amount.(5)
“Attorney in Charge, Business Transactions Section” means the Assistant Attorney General the Attorney General appoints as Attorney in Charge of the Business Transactions Section, General Counsel Division, Department of Justice or an alternate designated by the Chief Counsel, General Counsel Division.(6)
“Attorney General” means the Attorney General of the State of Oregon.(7)
“Chief Counsel, General Counsel Division” means the Assistant Attorney General the Attorney General appoints as Chief Counsel of the General Counsel Division, Department of Justice or an alternate designated by the Attorney General.(8)
“Emergency” means circumstances that create a substantial risk of loss, damage to property, interruption of services or threat to public health or safety that require prompt execution of a Public Contract to deal with the risk.(9)
“Federal Cooperative Agreement” means a Public Contract under which an Agency receives money or property from a federal agency for the purpose of supporting or stimulating an Agency program or activity and substantial involvement is expected between the federal agency and the Agency when carrying out the program or activity contemplated in the agreement. A Federal Cooperative Agreement does not include a procurement contract under 31 U.S.C. section 6303.(10)
“Grant” means:(a)
A Public Contract under which an Agency receives money, property or other value from a grantor for the purpose of supporting or stimulating an Agency program or activity, and in which no substantial involvement by grantor is anticipated in the contemplated program or activity other than activities associated with monitoring compliance with Grant conditions; or(b)
A Public Contract under which an Agency provides money, property or other value to a recipient for the purpose of supporting or stimulating a program or activity of the recipient, and in which no substantial involvement by Agency is anticipated in the contemplated program or activity other than activities associated with monitoring compliance with Grant conditions.(11)
“Information Technology Contract” means a Public Contract for the acquisition, disposal, repair, maintenance or modification of hardware, software, or services for data processing, office automation, or Telecommunications.(12)
“Interagency Agreement” means any agreement solely between state officers, boards, commissions, departments, institutions, branches or agencies of this state.(13)
“Intergovernmental Agreement” means any agreement between an Agency and a unit of local government of this state, the United States, a United States governmental agency, an American Indian tribe or an agency of an American Indian tribe and includes Interstate Agreements and International Agreements.(14)
“International Agreement” means any agreement between an Agency and a nation or a public agency in any nation other than the United States.(15)
“Interstate Agreement” means any agreement between an Agency and a unit of local government or state agency of another state.(16)
“Last Reviewed Contract” means a Public Contract that has been approved for legal sufficiency, and includes all amendments that were effective prior to an amendment that has been approved for legal sufficiency.(17)
“Non-Negotiable Public Contract” means a Public Contract that is a preprinted form of contract comprised of terms and conditions offered to an Agency for acceptance without a commercially reasonable opportunity to negotiate and that is attached to or included with products that are available to the public for purchase at retail, through the mail or direct sales. Examples of a Non-Negotiable Public Contract may include a shrink-wrapped or click-wrapped license agreement attached to or included with a packaged or electronic copy of computer software.(18)
“Personal Services Contract” means a contract whose primary purpose is to acquire specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, a contract for the services of an accountant, physician or dentist, educator, consultant (including a provider under an Architectural and Engineering Services Contract), broadcaster, or artist (including a photographer, filmmaker, painter, weaver or sculptor).(19)
“Price Agreement” means an agreement for the procurement of goods or services at a set price or prices, or at a price or prices established using a method prescribed by the agreement, with:(a)
No guarantee of a minimum or maximum purchase; or(b)
An initial order or minimum purchase combined with a continuing obligation to provide goods or services with no guarantee of a minimum or maximum additional purchase. Price Agreements are sometimes referred to as flexible services agreements, agreements to agree, master agreements or retainer agreements.(20)
“Procurement Document” means an invitation to bid, request for proposals, request for quotes, or other similar document, including, when available, the anticipated Public Contract, and including addenda that modify the anticipated Public Contract. The following are not Procurement Documents unless they invite offers from prospective contractors: a request for information, a request for qualifications, a prequalification of bidders or a request for product prequalification. A project-specific selection document under a Price Agreement that has resulted from a previous Procurement Document that an Assistant Attorney General authorized for release, or an addendum that modifies only Technical Specifications, is not a Procurement Document.(21)
“Public Contract” means any contract, including any amendments, entered into by an Agency for the acquisition, disposition, purchase, lease, sale or transfer of rights of real or personal property, public improvements, or services, including any contract for repair or maintenance. An Intergovernmental Agreement entered into for any of the foregoing actions is a Public Contract. An Interagency Agreement is not a Public Contract. Agency Contract Administration is not a Public Contract.(22)
“Public Improvement Contract” means any Public Contract for construction, reconstruction, or major renovation on real property by or for an Agency.(23)
“Requirements Contract” means a Public Contract that requires that all of the purchaser’s requirements for the goods or services specified in the Public Contract for the period of time, or for the project(s) specified in the Public Contract, shall be purchased exclusively from the seller.(24)
“Statement of Work” means all provisions of a Public Contract that specifically describe the services or work to be performed or goods to be delivered by either the contractor, its subcontractor(s), or the Agency, as applicable, including any related Technical Specifications, deadlines, or deliverables.(25)
“Technical Specifications” with respect to equipment, materials and goods, means descriptions of dimensions, composition and manufacturer and quantities and units of measurement that describe quality, performance, and acceptance requirements. With respect to services, “Technical Specifications” means quantities and units of measurement that describe quality, performance and acceptance requirements.(26)
“Telecommunications” means 1-way and 2-way transmission of information over a distance by means of electromagnetic systems, electro-optical systems, or both.(27)
“Variable Delivery Contract” means a Public Contract that, during its term, uses purchase orders, work orders or similar ordering instruments to provide for incremental delivery of the amount of goods or services, or both, that is specified in the Public Contract. A Variable Delivery Contract identifies goods or services by any method that is both commercially reasonable and in accordance with industry standards, including but not limited to, Technical Specifications, time of delivery, place of delivery, manufacturer, form of delivery, or any combination of the foregoing.
Source:
Rule 137-045-0010 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-045-0010.