§ 7.101. Definitions.

Throughout this Procurement Code and otherwise throughout the City's procurement process, the words and terms defined in this section shall have the meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section or portion thereof.

1.

Addendum/Addenda: means any written change that the Procurement and Contracts Division issues to a solicitation prior to the closing date of the solicitation.

2.

Best Value: means the highest overall value to the City based on factors that may include, but are not limited to, price, quality, design, and workmanship.

3.

Bidder: means a type of respondent who submits a response to a bid solicitation.

4.

Bid Bond: means a form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into the contract within a specified time and furnish any required performance bond or other security.

5.

Bid Security: means a bid bond, a sum of money, or a certified or cashier's check deposited by a bidder to guarantee that the bidder will enter into the contract within a specified time and furnish any required performance bond or other security.

6.

Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity through which business is conducted.

7.

Business Day: means a day, Monday through Friday, excluding any day that is a City observed holiday.

8.

Calendar Day or day: means a consecutive twenty-four-hour period running 12:01 a.m. to midnight.

9.

Chief Procurement Officer: means the person appointed as the chief contracting authority for the City responsible for the management, administration and supervision of the Procurement and Contracts Division.

10.

City: means the City of Orlando and shall include the City Council, any department, commission, board, division, committee, institution, authority, agency or other establishment or official of the government of this City.

11.

Construction: means the process of building any structure, building, roadway, or other improvements of any kind to any real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

12.

Construction Manager-at-Risk: means a construction delivery process allowing the project owner to choose a construction manager who assumes the risk for the project.

13.

Consultants' Competitive Negotiations Act (CCNA): means Section 287.055 of the Florida Statutes, as may be amended from time to time, governing the procurement of architectural, engineering, landscape architecture, and registered surveying and mapping services.

14.

Contract: means a legally binding City agreement for the procurement or disposal of equipment, supplies, services, professional services, or construction. It includes contracts for a fixed price, cost, cost plus a fixed fee, incentive contracts, contracts providing for the issuance of job or task orders, leases, letter contracts, revenue generating contracts, and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

15.

Contract Modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provision of a contract; may also be referred to as a change order, service authorization or amendment.

16.

Contractor: means any person having a contract with the City.

17.

Cooperative Purchasing: means procurement conducted on behalf of one or more public entities or external procurement units.

18.

Data: means recorded information regardless of form or characteristic.

19.

Debarment: means a disqualification of a person to receive solicitations or the award of contracts by the City for a specified period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance.

20.

Design-Build: means a construction project delivery method as defined in Chapter 287.055, Florida Statutes, as may be amended from time to time.

21.

Designee: means a person who is chosen to represent or given the authority to act on behalf of another person of authority.

22.

Direct Pay: is a method of payment of an invoice for purchases made when a Purchase Order, Standing Purchasing Order, or Release Order is not used.

23.

Director of Purchasing and Materials Management: means the Chief Procurement Officer ("CPO") of the City.

24.

External Procurement Unit: means any not-for-profit entity comprised of one or more public entities or having one or more public entities as members.

25.

Financial Interest: means

a.

Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the last year has received, or is presently or in the future may receive, any financial benefit.

b.

Ownership of any interest in any business except publicly held stock.

c.

Holding a position in a business, such as an officer, director, trustee, partner, employee or similar position or holding any position of management.

26.

Fixed Asset(s): means any item with an original value exceeding a minimum value established by City Council which has a life expectancy of one year or more. The term shall not include real estate, intangibles, or any consumable that loses its original identity when used.

27.

Invitation for Bids (IFB): means a solicitation for competitive sealed bids. The Invitation for Bids is typically used when the City is capable of specifically defining the scope of work for which a contractual service is required or when the City is capable of establishing precise specifications defining the actual commodity or group of commodities required. The term Invitation for Bids means all documents written or electronic, including those attached or incorporated by reference, utilized for soliciting bids.

28.

Invitation to Negotiate (ITN): means a solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services.

29.

Metropolitan Statistical Area (MSA): means the area comprised of Orange County, Seminole County, Osceola County, and Lake County, Florida.

30.

Notice of Intended Action: means a written notice or announcement by the City posted on the City's internet site, or as otherwise set forth in a solicitation, as notice to all respondents of the City's intent to take an action with respect to the solicitation, including but not limited to, a decision to award a contract, cancel a solicitation, short list or prequalify respondents, or notify respondents of the final recommended rank order of respondents with respect to the solicitation.

31.

Operating Directive: means a document which details rules and related activities of the procurement process to be followed by the City, as established by the CPO and approved by the Chief Financial Officer, consistent with City Code and policies and procedures, as they may be amended from time to time.

32.

Performance Bond or Performance Security: means a bond of a contractor or vendor in which a surety guarantees to the City that the work or services will be performed in accordance with the contract documents and may, in the discretion of the City, include a letter of credit issued by a financial institution or other instrument of equivalent protection to the City.

33.

Person: means any corporation, partnership, business, individual, union, committee, club or other organization or group of individuals.

34.

Policies and Procedures: means rules and regulations that supplement the City Code and are approved by City Council.

35.

Principal Place of Business: means the location identified by a respondent as its principal place of business with respect to a solicitation, which location may be either (i) the main business office of the respondent where the chief executive officer, or equivalent person, maintains his or her primary office, or (ii) the office where the majority of the work related to the City solicitation will be performed.

36.

Procurement: means the buying, purchasing, renting, leasing or otherwise obtaining any supplies, services, professional services, construction or any other item(s). It also includes all functions that pertain to the acquisition, including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Procurement includes inventory control, receiving, inspection, storekeeping, salvage and disposal operations.

37.

Procurement Card: is a method of payment for goods and services which is limited to the authority delegated in policies and procedures and operating directives.

38.

Procurement and Contracts Division: the City division responsible for the procurement of supplies, services, professional services, and construction required by the City (formally known as the Purchasing and Materials Management Division).

39.

Professional Services: means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

40.

Public Entity: means any unit or association of units of federal, state, or local government; any public college or university; any public authority which has the power to tax; or any entity created by statute or law.

41.

Request for Information (RFI): is a method of soliciting comments and feedback from potential suppliers, manufacturers, and other sources.

42.

Request for Proposals (RFP): means a solicitation for competitive sealed proposals. A request for proposals may be a single or multi-step process.

43.

Request for Quotation (RFQ): means an informal solicitation where oral or written quotes are obtained from vendors, without formal advertising or receipt of sealed responses.

44.

Request for Qualifications (RFQu): means a written solicitation method utilized for obtaining qualification and performance data, which may include, but is not limited to, financial capabilities, reputation, experience and competency of a respondent. Also known as Request for Qualification Statements (RQS) and Statement of Qualifications (SOQ).

45.

Respondent: means any person who responds to a City issued solicitation or Request for Information.

46.

Responsible Bidder, Proposer, or other Respondent: means a person who has the required qualifications and the capability in all respects to perform fully the solicitation and contract requirements and the integrity and reliability which will assure good faith performance.

47.

Responsive Bidder, Proposer, or other Respondent: means a person who has submitted a response to a solicitation which fully conforms in all material respects to the solicitation.

48.

Reverse Auction: means a procurement method wherein respondents, anonymous to each other, electronically submit real-time bids or responses on designated supplies or services in which award is made to the lowest responsive and responsible bidder. Also referred to as e-auction.

49.

Sequential Negotiations: means a process of negotiations made with a select group of respondents deemed to be the most qualified in successive order.

50.

Services: means the furnishing of labor, time, or effort by a contractor. This term includes services from licensed professionals except professional architectural, engineering, landscape architectural and surveying and mapping services, but does not include employment agreements or collective bargaining agreements.

51.

Solicitation: shall mean an Invitation for Bids, a Request for Proposals, an Invitation to Negotiate, a Request for Qualifications, a Request for Quotation, an invitation to participate in a Reverse Auction or any other invitation or request by which the City invites a person to participate in a procurement.

52.

Specification: means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing, or preparing a material, service, professional service, or construction item for delivery.

53.

Supplies: means all personal property including, but not limited to, equipment and materials; excludes services and real property.

54.

Surety: means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds as published in the current Circular 570, U.S. Department of the Treasury, and the Federal Register effective July 1 annually, as may be amended from time to time.

55.

Surplus Property: means any supplies, vehicles, equipment, or other personal property no longer having any useful function to the City. This includes obsolete supplies or equipment, scrap materials, and non-expendable supplies that have completed their useful life cycle and those items turned over to the Procurement and Contracts Division by the Orlando Police Department for disposition.

56.

Suspension: means the disqualification of a person to receive solicitations, to respond to solicitations, or to receive the award of a contract by the City for a given period.

57.

Using Agency: means any department, division, commission, board, bureau, committee, institution, authority or other establishment or official of this City which utilizes any supplies, services, professional services, or any other item procured under this Code.

58.

Vendor: means one who sells supplies, services, professional services, or construction; may be used interchangeably with a supplier or contractor.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)