Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 20 - Procurement of Equipment, Materials, Supplies and Services › Rule 761-20.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Bidder "
means a respondent to a
				  solicitation as a bidder, offeror or contractor.
"Competition "
means the efforts of three or
				  more parties acting independently to secure a contract with the department to
				  provide equipment, materials, supplies or services to the department by
				  offering or being in a position to offer the most favorable terms. "Favorable
				  terms" includes, but is not limited to: price, speed of execution, anticipated
				  quality of the product to be provided judged according to the expertise and
				  experience of the provider, or ability to produce a desired result or to
				  provide a desired commodity.
"Department"
means the Iowa department of
				  transportation.
"Firm "
means any bona fide contracting
				  entity, including individuals and educational institutions. Except for
				  educational institutions, the term shall not include governmental agencies or
				  political subdivisions.
"Methods of procurement"
means formal
				  advertising, limited solicitation, or negotiation as follows:
1.
"Formal advertising "
means procurement
				  by competition and awards involving the following basic steps:
* Preparing a solicitation that describes the requirements of
				  the department clearly, accurately and completely but avoids unnecessarily
				  restrictive specifications or requirements which might unduly limit the number
				  of responses.
* Distributing the solicitation to prospective bidders and
				  advertising in appropriate media in sufficient time to enable prospective
				  bidders to prepare and submit responses before the time set for public opening
				  of responses.
* Receiving responses submitted by prospective
				  contractors.
* Awarding the contract, after responses are publicly opened,
				  to that responsible bidder whose response conforms to the solicitation and is
				  the most advantageous to the department, price and other factors
				  considered.
2.
"Limited solicitation "
means procurement
				  by obtaining a sufficient number of quotations, bids or proposals from
				  qualified sources:
* As is deemed necessary to ensure that the procurement is
				  fair to the department, price and other factors considered, including the
				  administrative costs of the procurement.
* As is consistent with the nature and requirements of the
				  particular procurement.
* So that the procurement is competitive to the maximum
				  practicable extent.
3.
"Negotiation"
means any method of
				  procurement other than formal advertising or limited solicitation to seek the
				  best and final offer which is most advantageous to the department.
"Professional and technical services"
means
				  services that are unique, technical, or infrequent functions performed by
				  independent contractors whose occupation is the rendering of such services.
				  Contracts may go to partnerships, firms, or corporations as procured through
				  formal advertising, solicitation or negotiation methods outlined in rules
				  761-20.3(307) through
				  761-20.6 (307) and
				  architectural, landscape architectural, surveying, general engineering
				  consultant, construction inspection, or engineering services and other related
				  professional and technical services as outlined in rule 761-20.10 (307).
"Response "
means the submittal of written
				  documents by a prospective bidder, offeror or contractor as a response to any
				  type of solicitation issued by the department for a quotation, bid or
				  proposal.
"Solicitation "
means the request by the
				  department for a quotation, bid or proposal. This includes but is not limited
				  to the complete assembly of related documents (whether attached or incorporated
				  by reference) furnished to prospective bidders for the purpose of responding to
				  a solicitation.