Oklahoma City Municipal Code § 2-351 Definitions.
§ 2-351. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Agent or procurement purchasing agent means the person designated by the City Manager or designated appropriate authority, as the procurement purchasing agent of the City.
(2) Award means the presentation, after careful consideration, of a purchase agreement or contract to the selected bidder or offeror.
(3) Back order means that portion of an order for merchandise not available for delivery at the scheduled time and promised for delivery at a later date.
(4) Bid means an offer at a quoted price submitted electronically in response to a request for bid (RFB) which can become a contract upon acceptance by the City.
(5) Bidder means a vendor who submits a response to a request for bids.
(6) Bid bond means a written agreement or check by which a third party guarantees that a bidder will accept a contract as bid, if it is awarded.
(7) Bid opening means the public opening of electronic bids which are publicly revealed on the date and at the time and place provided in the bid specifications, and recorded and made available for public inspection.
(8) Blanket purchase order means a purchase order used to place orders on a repetitive basis for goods or services.
(9) Can means not always mandatory, a negotiable item.
(10) Certificate of insurance means a form from an insurance company licensed to do business in Oklahoma which shows that the vendor is insured for the term of the contract for the amount stated in the specifications and listing the City as an additional insured.
(11) Competitive bidding means a fair and equitable means of allowing several vendors to offer price quotations and the City to award contracts to the vendor offering the lowest and best bid for the purchase of specified equipment, materials or service by the departments/divisions of the City.
(12) Confirming purchase order means a purchase order restating the same terms originally encumbered and placed orally or in conjunction with a confirming purchase request.
(13) Confirming purchase request means a purchase request submitted with all supporting documentation for an item or service that has already been received by the ordering department or division as a result of an emergency purchase. Supporting documentation should include an invoice, delivery ticket and any other documentation that might be particular to the purchase.
(14) Contract means a legally binding agreement between two or more parties for the doing or providing of certain goods or services that is binding by law. Contracts of the City must be in writing and executed in accordance with the provisions of this chapter.
(15) Contractor means a vendor that has been awarded a contract. A contractor may be an individual or a firm.
(16) Contractual services means all City services governed by the provisions of the City Charter and more specifically including all telephone, gas, water, electric light and power service, towel and cleaning service, insurance, leases for all grounds, buildings, offices or other space required by the using agencies, and the rental, repair or maintenance of equipment, machinery and other City-owned personal property. The term shall not include professional and other contractual services which are unique and not subject to competition, nor shall it include public improvement contracts for the construction, maintenance or repair of streets, alleys, sidewalks, storm sewers, water and sanitary sewer lines and plant facilities where such public improvement contracts are awarded pursuant to Charter provisions.
(17) Departmental representative means a representative from the department in which the vendor is bidding on a contract.
(18) Disadvantaged owned business means a business enterprise owned by racial minorities, women and handicapped. The City awards contracts on a strictly nondiscriminatory basis without regard to race, sex, age or other nonrelevant criteria.
(19) Emergency purchase means a purchase that is made without competitive bidding due to a situation that could not have been reasonably foreseen and, whereby the immediate procurement of needed supplies and/or services is essential to prevent delays in the work of the ordering department, which may vitally affect the life, health or convenience of the citizens.
(20) Equal (… or equal) means an item which may be substituted for a required item if it is matched, with no advantage on either side.
(21) Evaluation of bids means the examination of bids after opening to determine the bidder's responsibility, responsiveness to requirements, and other characteristics of the bids relating to the award.
(22) Expedite means to speed up an action; to facilitate a delivery of goods or services; to rush.
(23) Fiscal year contract means the period of time specified for the performance of a contract covering July 1, _______ to the end of the then current fiscal year June 30, _______.
(24) Formal competitive bid means a bid which must be submitted in a manner to be established by the City Council and in conformance with a prescribed format as stated in the bid specifications which is to be publicly revealed on the date and at the time and place provided in the bid specifications.
(25) Gratuity means something given voluntarily and beyond obligation usually in return for or in anticipation of some service.
(26) Informal bid means a request for price quotations for commodities or services that do not require a sealed bid, public opening, or public reading of bids.
(27) Invoice means a detailed list of goods sold or services provided, together with the charges and the payment terms, which is furnished by the vendor to the City.
(28) Lowest and best bid means the lowest dollar bid in response to a request for bid that conforms to the specifications and best meets the City's needs.
(29) May means not always mandatory, a negotiable item.
(30) Multiple award means contracts awarded to more than one vendor for comparable supplies and services. Awards are made for the same generic types of items at various prices where the award to a single vendor would be impractical or fail to satisfy the total requirements.
(31) Must means mandatory requirement.
(32) No bid means a response to an invitation for bids stating that respondent does not wish to submit an offer.
(33) Nonconformance means the failure of materials or services to conform to specified requirements for any quality characteristic.
(34) Non-responsive bid means a bid that does not conform to the mandatory or essential requirements of the invitation for bid.
(35) Notarization and acknowledgement means verification of a signature made under oath, and verified with an electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law and is attached to or logically associated with the signature.
(36) One-time contract means a single purchase of a specific item of equipment or specific quantity of material by competitive bidding.
(37) Open market purchase means any purchase of supplies and/or contractual services that is made without formal competitive bidding.
(38) Open market purchase authority means that supplies and/or contractual services that cost $50,000.00 or less in City funds may be purchased on the open market by the procurement purchasing agent without a formal bid and without Council action. Items that cost in excess of $50,000.00 in City funds can only be purchased on the open market by City Council action. This action is in the form of a resolution that waives competitive bidding and authorizes the open market purchase.
(39) Performance bond means conditions of guarantee by a third party in certain substantial bids, particularly, building and construction, for the faithful performance of a contract by the vendor.
(40) Performance specification means a specification setting forth performance requirements determined necessary for the item involved to perform and last as required.
(41) Pre-bid conference means a conference between the prospective bidders and representative(s) of the City held following the advertisement of request for bids, but before bid opening, to review and discuss the specifications without discussing prices.
(42) Pre-specification conference means a meeting with buyer(s), departmental technical staff and prospective bidders to review and clarify the draft or proposed specifications of a complex nature, prior to advertising for request for bids.
(43) Price agreement or pricing agreement means a continuing formal offer, from a vendor or contractor to the City, to provide products/services at a firm price for a set period of time and which agreement does not obligate any City funds at the time the agreement is approved by the Council. Pricing agreements shall contain a provision stating that the City is not obligated to make any purchases pursuant to the agreement.
(44) Professional services contract or professional service means a contract or service that requires the contractor to perform services that are technical or professional in nature, that require professional or scientific judgment or other special skills, training, taste or discretion, or that are not subject to uniform specifications.
(45) Public purchasing means the process of obtaining goods and services for public purpose, following procedures implemented to protect public funds from being expended extravagantly or capriciously.
(46) Purchase order means the City's written document to a vendor that formally states all terms and conditions of a proposed purchase transaction.
(47) Purchase order number means a number from a purchase order that is used to keep track of a purchase and that is sometimes issued verbally to authorize City purchase of services or materials.
(48) Qualified bidder means a bidder determined by a buying organization to meet minimum set standards of business competence, reputation, financial ability, and product quality for placement on the bidder's list.
(49) Quotation means a statement of price, terms of sale, and description of goods or services offered by a seller to a prospective buyer (informal bid).
(50) Request for bid (RFB) means an invitation to bidders requesting formal and informal bids that complies in all respects to detailed specifications.
(51) Request for proposal (RFP) means an invitation requesting formal proposals for professional services for which detailed specifications are impractical and price is not the primary evaluation factor.
(52) Requisition means a standard transaction that the user departments complete in order to initiate purchases and encumbrances.
(53) Service contract means a contract between a vendor and the department/division to perform certain work, especially not connected with a manufacturing result (e.g., industrial or electrical maintenance services) over a certain period of time, normally the fiscal year.
(54) Shall means mandatory requirement.
(55) Sole source means a vendor that is the only source for a service or item to be purchased. An example of a sole source is the purchase of maintenance on a machine that only the manufacturer can supply.
(56) Specifications means a detailed and concise description of the materials/services including terms and conditions that tell the seller (vendor) what the buyer wants to purchase.
(57) Split purchase means a purchase which is divided into orders involving sums of $50,000.00 or less for the purpose of avoiding the requirement of this article which mandates competitive bidding when the total amount is in excess of $50,000.00.
(58) State contract means any contract let by the State pursuant to 74 O.S. § 85.7, as currently existing or as subsequently amended by the Oklahoma Legislature.
(59) Supplies means and includes all supplies, materials, and equipment.
(60) Surplus property means property which has become obsolete or has been determined to be in excess of the City's needs.
(61) Tabulation of bids means the recording of bids and bidding data submitted in response to a specific invitation for purposes of comparison, analysis, and recordkeeping.
(62) Technical specifications means specific words, measurements, quantities or terms used to describe the components in the make-up of a product or service, so that the prospective bidder has an exact understanding of what the buyer is trying to purchase.
(63) Using agency means any department, division, section, or other unit in the City government or other governing body using supplies, procuring contractual services, or otherwise utilizing the City's purchasing policies and procedures as provided for in this article.
(Code 1970, § 14-19; Code 1980, § 2-216; Ord. No. 19343, § 1, 1-9-90; Ord. No. 20270, § 1, 1-4-95; Ord. No. 21624, § 1, 12-19-00; Ord. No. 21721, § 1, 5-22-01; Ord. No. 22100, § 1, 12-17-02; Ord. No. 22404, § 1, 2-17-04; Ord. No. 24570, § 1, 11-20-12; Ord. No. 24741, § 1, 9-24-13; Ord. No. 24940, § 1, 8-12-14; Ord. No. 27276, § 1, 2-14-23)