OAR 731-005-0430
Definitions
(1)
Addendum or Addenda: An addition or deletion to, a material change in, or general interest explanation of the Solicitation Document. Addenda shall be labeled as such and distributed to all interested entities in accordance with these rules.(2)
Bid: A competitive Offer, binding on the Bidder and submitted in response to an Invitation to Bid:(a)
Lump Sum Bid: A Bid that is the total completed project price;(b)
Unit Price Bid: A Bid that provides unit prices based upon estimated quantities.(3)
Bidder: An Entity that submits a Bid in response to an Invitation to Bid.(4)
Closing: The date and time announced in the Solicitation Document as the deadline for submitting Offers.(5)
Competitive Range: The number of Proposers within a given scoring range ODOT will negotiate with if ODOT intends to negotiate in accordance with OAR 731-005-0650 (Offer Evaluation and Award). The Competitive Range must be stated in the Solicitation Document, but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by ODOT in accordance with OAR 731-005-0650 (Offer Evaluation and Award).(6)
Conduct Disqualification: A Disqualification pursuant to ORS 279C.440 (Disqualification from consideration for award of contracts).(7)
Contract: The Written agreement, resulting from the Solicitation Document that defines the Work to be completed and sets forth the rights and obligations of the parties.(8)
Contract Amount: Sum of the amounts computed by multiplying the Bid item quantities by the unit price in the schedule of Contract prices of the Contract as awarded.(9)
Contract Price: The total of the awarded Bid or Proposal amount, including any approved alternates, and any fully executed change orders or amendments.(10)
Contract Review Authority: The Director of the Oregon Department of Transportation.(11)
Contractor: The Entity awarded the Contract in response to the Solicitation Document.(12)
DAS: Oregon Department of Administrative Services.(13)
Days: Calendar days unless otherwise specified by these rules.(14)
DBE Disqualification: A Disqualification pursuant to ORS 200.065 (Fraudulent conduct prohibited), 200.075 (Prohibited conduct) or 279A.110 (Discrimination in subcontracting prohibited).(15)
Descriptive Literature: The Offeror’s materials submitted to provide information concerning the products and/or services available in response to the Solicitation Document.(16)
Disqualification: The preclusion of an Entity from contracting with ODOT for a period of time. Disqualification may be a Conduct Disqualification as defined above, performance disqualification for failure to meet standards listed in OAR 734-010-0290 (Contractor Performance Evaluations)(4), DBE Disqualification or disqualification for lack of specific demonstrated experience (special prequalification as described in OAR 731-007-0030). ODOT is authorized to disqualify an Entity in accordance with OAR 731-005-0710 (Disqualification of an Entity).(17)
Electronic Advertisement: ODOT’s Solicitation Document, or other document inviting participation in ODOT’s procurements made available over the Internet via:(a)
The World Wide Web or some other Internet protocol; or(b)
ODOT’s Electronic Procurement System.(18)
Electronic Data Interchange Operating Agreement or EDI Operating Agreement: A series of standards that provide computer to computer exchange of business documents between organizations over telephone lines or computer networks. An EDI document is a document that has been transmitted pursuant to an EDI Operating Agreement.(19)
Electronic Offer: A response to ODOT’s Solicitation Document submitted to ODOT via:(a)
The World Wide Web or some other Internet protocol; or(b)
ODOT’s Electronic Procurement System.(20)
Electronic Procurement System or Electronic Procurement: An information system that persons may access through the Internet using the World Wide Web or some other Internet protocol or that persons may otherwise remotely access using a computer, that enables persons to send Electronic Offers and ODOT to post Electronic Advertisements, receive Electronic Offers, and conduct other activities related to a procurement.(21)
Entity: A natural person capable of being legally bound, sole proprietorship, limited liability company, corporation, partnership, limited liability partnership, limited partnership, profit and nonprofit unincorporated association, business trust, two or more persons having a joint or common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision.(22)
Facsimile: A document that has been transmitted to and received by ODOT in a format that is capable of being received via a device commonly known as a Facsimile machine (e.g. a Facsimile Bid). A Facsimile machine allows hard copy documents (Written, typed or drawn material) to be sent over telephone lines and printed in another location.(23)
Invitation to Bid or ITB: A notice to Contractors disseminating information pertaining to bidding of Public Improvement projects including availability of Solicitation Documents.(24)
Non-Resident Contractor: A Contractor that is not domiciled in or registered to do business in the State of Oregon. See OAR 731-005-0750 (Non-Resident Contractor).(25)
ODOT: The Oregon Department of Transportation.(26)
Offer: A Bid or Proposal as applicable.(27)
Offeror: A Bidder or Proposer as applicable.(28)
Opening: The date, time and place announced in the Solicitation Document for the public Opening of Written sealed Offers or Electronic Offers.(29)
Product Sample: A representative specimen of the item offered by the Offeror in response to the Solicitation Document. Unless otherwise provided in the Solicitation Document, the Product Sample shall be the exact product or a representative portion of that product offered by the Offeror.(30)
Proposal: A competitive Offer, binding on the Proposer and submitted in response to a Request for Proposals. See Offer.(31)
Proposer: An Entity that submits a Proposal in response to a Request for Proposals. See Offeror.(32)
Public Improvement: Projects relating to maintenance or construction of highways, bridges, parks or other transportation facilities by or for ODOT. “Public improvement” does not include emergency Work, minor alteration, ordinary repair or maintenance necessary in order to preserve a Public Improvement.(33)
Request for Proposals or RFP: A Solicitation Document calling for Proposals.(34)
Responsible Offeror (also, Responsible Bidder or Responsible Proposer, as applicable): Is an Entity that has submitted an Offer and meets the standards set forth in OAR 731-005-0670 (Rejection of an Offer)(1)(c)(H) and that has not been disqualified by ODOT under OAR 731-005-0710 (Disqualification of an Entity).(35)
Responsive Offer (also, Responsive Bid or Responsive Proposal, as applicable): An Offer that substantially complies with applicable solicitation procedures and requirements and the Solicitation Document.(36)
Signed or Signature: Any mark, word or symbol executed or adopted by an Entity evidencing intent to be bound, which may include electronic or digital signature.(37)
Solicitation Document: Documents that define the procurement of a Public Improvement project including but not limited to Bid or Proposal booklet, plans, Specifications, requirements, provisions and includes all documents incorporated by reference.(38)
Specification: Any description of the physical or functional characteristics, or of the nature of a supply, service or construction item, including any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery and the quantities or qualities of materials to be furnished under the Contract. 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.(39)
Tie Offers: Tie Offers shall have the meaning set forth in OAR 731-005-0660 (Tie Offers).(40)
Work: The furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and the successful completion of all duties and obligations imposed by the Contract.(41)
Written or Writing: Conventional paper documents either manuscript or printed, in contrast to spoken words. It includes electronic transmissions if the Solicitation Document or Contract permits.
Source:
Rule 731-005-0430 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-005-0430.