Norfolk City Code § 33.1-20 Definitions.
Sec. 33.1-20. - Definitions.
(1) Brand name specification: A specification limited to one or more items by manufacturers' names or catalog numbers.
(2) Brand name or equal specification: A specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet the requirements of the city and which provides for the submission of equivalent products.
(3) Business: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
(4) Change order: A written order signed and unilaterally issued by the procuring agent, directing the contractor to make changes which the changes clause of the contract authorizes the procuring agent to order without the consent of the contractor.
(5) Complex project: A construction project that includes one or more of the following significant components: difficult site location, unique equipment, specialized building systems, multifaceted program, accelerated schedule, historic designation, or intricate phasing or some other aspect that makes the design-bid-build project delivery method not practical.
(6) Contract modification: A written contract modification that alters 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 the contract.
(7) Confidential information: Any information which is available to an employee only because of the employee's status as an employee of the city and is not a matter of public knowledge or available to the public on request.
(8) Construction: Building, altering, repairing, improving, or demolishing any structure, building or highway, and any draining, dredging, excavation, grading, or similar work upon real property.
(9) Construction-management contract: A contract in which a party is retained by the owner to coordinate and administer contracts for construction services for the benefit of the owner and may also include, if provided in the contract, the furnishing of construction services to the owner.
(10) Contract: Any type of arrangement, regardless of what it may be called, for the procurement of goods, services, or construction.
(11) Cooperative purchasing: Procurement conducted by, or on behalf of, more than one public procurement unit.
(12) Cost-reimbursement contract: A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any.
(13) Design-bid build: A project delivery method in which a public body sequentially awards two separate contracts: the first for professional services to design the project, and the second utilizing competitive sealed bidding for construction of the project according to design.
(14) Design-build contract: A contract between a public body and another party in which the party contracting with the public body agrees to both design and build the structure or other item specified in the contract.
(15) Direct or indirect participation: Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or any other advisory capacity.
(16) Goods: All material, equipment, supplies, printing, and automated data processing hardware and software.
(17) Immediate family: A spouse, children, parents, brothers and sisters, and any other persons living in the same household as the employee.
(18) Informality: A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid, or the request for proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services, or construction being procured.
(19) Invitation for bids: All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
(20) Nonprofessional service: Any service not specifically identified as professional service as defined herein.
(21) Official responsibility: Administrative or operating authority, whether immediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom.
(22) Pecuniary interest arising from the procurement: A personal interest in a contract as defined in the State and Local Government Conflict of Interests Act (Virginia Code, § 2.1-639.1 et seq.).
(23) Person: Any business, individual, union, committee, club, other organization, or group of individuals.
(24) Prequalification for inclusion on bidders' lists: A prospective bidder or offeror who satisfies the criteria established for inclusion on bidders' lists, which does not represent necessarily a finding of responsibility.
(25) Procurement transaction: Any function that pertains to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
(26) Professional service: Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering.
(27) Proprietary information: Trade secrets or particularized business data which are exempt from public disclosure under the Virginia Freedom of Information Act and which the bidder, offeror or contractor identifies prior to or upon submission of the data or other materials stating the reasons why protection is necessary.
(28) Public employee: Any person employed by the city, including elected officials or appointed members of governing bodies.
(29) Qualified products list: An approved list of goods, services, or construction items described by model or catalog numbers, which, prior to competitive solicitation, the city has determined will meet the applicable specification requirements.
(30) Request for proposals: All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
(31) Responsible bidder or offeror: A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.
(32) Responsive bidder or offeror: A person who has submitted a bid which conforms in all material respects to the invitation for bids.
(33) Service: Any work performed by an independent contractor, specifically including insurance coverage, wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and goods.
(34) Sheltered workshop: A work-oriented rehabilitative facility with a controlled working environment and individual goals which utilizes work experience and related services for assisting the handicapped person to progress toward normal living and a productive vocational status.
(35) Specification: Any description of the physical or functional characteristics, or of the nature of a good, service, or construction item, which may include a description of any requirement for inspecting, testing, or preparing a good, service, or construction item for delivery.
(36) Surplus property: Personal property of the city that is determined to be unusable or unnecessary by the director of a department, which property may or may not have value to the city.
(37) Using agency: Any department, agency, commission, bureau, or other unit in the government of the city which requires goods, services, or construction as provided in this chapter.
(Ord. No. 33,095, § 1, 9-11-84; Ord. No. 34,573, § 1, 6-30-87; Ord. No. 35,590, § 1, 6-20-89; Ord. No. 47,667, § 3, 6-11-19; Ord. No. 50,127, § 1, 9-23-25)