Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 3 - Purpose, Applicability and Definitions › Section XIII-305 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Aggrieved Party
-a person who files a written
				  protest in connection with the solicitation or award or the issuance of a
				  written notice of intent to award a contract under the
University Pilot
				  Procurement Code
and has or may have a pecuniary or other property
				  interest in the award of the contract.
Anti-Competitive Practices
-a practice among
				  bidders or offerors which reduces or eliminates competition or restrains trade.
				  An
anti-competitive practice
can result from an agreement or
				  understanding among competitors to restrain trade such as submitting collusive
				  bids or proposals, or result from business actions which have the effect of
				  restraining trade, such as controlling the resale price of products.
Award
-the acceptance of a bid or proposal;
				  the presentation of a purchase agreement or contract to a selected
				  respondent.
Best and Final Offer (BAFO)
-in a competitive
				  negotiation, the final proposal submitted by a respondent after negotiations
				  have been completed and which contains the respondents most favorable terms in
				  response to the solicitation.
CEO
-the most senior administrator for the
				  university system governed by the management board, also referred to as
president.
Chancellor
-the chief administrative head of
				  the institution of higher education, whether identified by this or some other
				  title in the universitys organization chart, also referred to
as
				  president.
Chief Financial Officer (CFO)
-the most
				  senior university executive responsible for financial controls for the
				  university, whether identified by this or some other title in the universitys
				  organization chart. The CFO or designee has specified responsibilities under
				  this
University Pilot Procurement Code.
Chief Procurement Officer (CPO)
-as used in
				  this
University Pilot Procurement Code
is the director of
				  procurement for the university and does not refer to the chief procurement
				  officer for the state of Louisiana.
Client Services
-services provided directly
				  to university clients including, but not limited to, medical and dental
				  services, employment and training programs, residential care, and subsidized
				  housing.
Collusion
-see
anti-competitive
				  practices.
Common or General Use Item
-a specification
				  which has been developed and approved for repeated use in procurements in
				  accordance with the provisions of
				  R.S.
				  39:1651(A) and (B).
Competitive Negotiation
-a step toward a
				  contract involving back and forth communication regarding costs and other
				  criteria between the evaluation team and respondents who have been found
				  suitable for award of a contract pursuant to evaluation of responses to a
				  solicitation.
Competitive Reverse Auction (CRA)
-a
				  competitive online solicitation process conducted for goods and/or services in
				  which respondents compete against each other online, in real time, in an open
				  and interactive environment.
Competitive Sealed Bidding
-the receipt of
				  bids protected from inspection prior to bid opening. Bids may be received in
				  any manner specified in the solicitation for bids including receipt by mail, by
				  direct delivery, or through any secure electronic interactive environment
				  permitted by rule or regulation
Consultant
-an independent individual or firm
				  contracting with the university to perform a service or render an opinion or
				  recommendation according to the
consultants
-methods and
				  without being subject to the control of the university except as to the result
				  of the work. The university monitors progress under the contract and authorizes
				  payment.
Contract
-all types of university agreements;
				  sponsored agreements including but not limited to purchase orders, for the
				  procurement or disposal of goods and services and the generation of revenue for
				  the university by the use of university facilities, personnel or services;
contract
shall not include:
1.
contracts
or appointments for
				  employment;
2. licensing of universitys intellectual property specially
				  regulated by the management board;
3. cooperative endeavor agreements.
Contract Controversy
-a disagreement that may
				  arise between the university and a contractor regarding the interpretation,
				  application or breach of contract terms. This includes, without limitation,
				  controversies based upon breach of contract, mistake, misrepresentation, or
				  other cause for contract modification or rescission.
Contract Modification
-any written alteration
				  in 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.
Contractor
-any individual or entity having a
				  contract with the university.
Cooperative Buying Organization (CBO)
-a
				  public or private organization that offers goods or services to subscribing
				  public or private procurement units from vendors located in the United States
				  who have agreed to uniform terms, conditions and pricing in accordance with an
				  agreement entered into by the participants pursuant to a competitive award
				  process.
Cooperative Purchasing
-procurement conducted
				  by or on behalf of more than one public procurement unit or by a public
				  procurement unit with an external procurement activity or by a private
				  procurement unit.
Electronic Signature
-an electronic sound,
				  symbol, or process attached to or logically associated with a record and
				  executed or adopted by a person with the intent to sign the record.
Emergency Procurement
-a purchase made after
				  a written determination by the CPO that:
1. there exists an emergency condition which creates a threat
				  to public health, welfare, safety, or public property, or conservation of
				  public resources;
2. the emergency condition creates an immediate and serious
				  need for goods or services that cannot be met through normal procurement
				  methods.
Evaluation Team
-a group of individuals
				  designated to conduct interviews and negotiations during the evaluation of
				  responses to a solicitation. The team members may be requested to provide
				  scores for solicitations reviewed.
Firm, Fixed Price Contract
-a contract where
				  the total amount to be paid to the contractor is fixed and is not subject to
				  adjustment by reason of the cost experience of the contractor. The term
				  includes contracts where the unit price is set but the total price varies
				  because actual quantities purchased deviate from the quantities estimated to be
				  purchased. The term also includes contracts where the price may be adjusted in
				  accordance with a contractually established price adjustment provision which is
				  not based upon the contractor's costs.
General Services Administration (GSA) Contract
				  Schedules
-long-term government-wide contracts awarded by the U.S.
				  General Services Administration to commercial entities to provide government
				  procurement access to a broad spectrum of commercial goods and services at
				  volume discount pricing.
Goods
-all property, including but not
				  limited to, equipment, materials, supplies, insurance, license agreements for
				  software and leases on real property excluding a permanent interest in land,
				  all consistent with established management board policies.
Goods
are not services.
Intergovernmental
or
Interagency
				  Contracts
-contracts or agreements in which each of the parties is a
				  governmental entity or between subdivisions or institutions under their
				  jurisdiction.
Invitation to Bid (ITB)
-a solicitation,
				  whether attached or incorporated by reference, utilized for soliciting bids to
				  provide goods or services in accordance with this
University Pilot
				  Procurement Code
.
Items for Resale
-goods or services purchased
				  by the university for retail sale to students, employees or the public.
Lease of Facilities
-contracts for the lease
				  or rental of space by or for the university shall require the authorization of
				  the CPO. A lease or rental of more than 5,000 square feet in a privately owned
				  building shall be awarded by use of an ITB or RFP as determined by procurement
				  policies and approved by the CPO. Amendment of a
lease of
				  facilities
shall be made only after approval by the CPO.
Management Board
-the Board of Supervisors of
				  Louisiana State University and Agricultural and Mechanical College.
Multi-Step Bids or Proposals
-a solicitation
				  involving two competitive steps, combining the elements of both competitive
				  sealed bids and competitive sealed proposals. The first step may require the
				  submission of technical and price proposals with only the technical proposal
				  being evaluated and scored. The second step involves the consideration of price
				  proposals of those firms that have achieved the highest technical
				  scores.
Negotiationc
-onferring, discussing, or
				  bargaining to reach agreement in business transactions on a potential
				  procurement.
Office of State Purchasing
				  Contracts
-contracts entered into by the Louisiana Office of State
				  Purchasing and made available to other Louisiana procurement units.
President
-the most senior administrator for
				  the university system governed by the management board, also referred to as
CEO.
Procurement
-the process by which the
				  ownership or use of goods or services is acquired. Also includes all functions
				  that pertain to the obtaining of goods and services, including but not limited
				  to description of requirements, selection and solicitation of sources,
				  preparation and award of contract, and all phases of contract
				  administration.
Procurement Policies
-policies shall
				  generally describe requirements for selection and solicitation of sources,
				  preparation and award of contracts and all phases of contract administration.
Procurement policies
may address other issues related to
				  procurement and to revenue generating contracts.
Professional Services
-work rendered by an
				  independent contractor who has a professed knowledge of a particular aspect of
				  learning or science and its practical application. A profession is a vocation
				  founded on advanced specialized study and training which enables its
				  practitioner to provide particular services.
Proprietary Specifications
-a specification
				  that cites brand name, model number, or some other designation that identifies
				  a specific product to be offered exclusive of others.
Protest
-a written objection by a potential
				  aggrieved party to a solicitation or award of contract, with the intention of
				  receiving a remedial result.
Protests
must be filed in
				  accordance with this
University Pilot Procurement Code
(UPPC).
Public Funds
-legislatively appropriated
				  funds, interagency transfers, statutory dedication, federal appropriations,
				  self-generated funds, gifts and funds received by the university by grant or
				  other method from governmental or private sources and which may be used to
				  advance the missions of the university.
Request for Proposals (RFP)
-a solicitation
				  for proposals to supply services or a combination of services and goods where
				  weighted criteria are the basis for award. An
RFP
may also be
				  used for a solicitation for lease of facilities.
Request for Quotation (RFQ)
-a solicitation
				  for use in procurements that includes a description of the goods or services
				  specified and requests that a potential vendor respond with price and other
				  information by a designated time and date. Evaluation and recommendation for
				  award are based on the quotation which offers the best price, quality, delivery
				  and services from a respondent with a satisfactory record for performance and
				  reliability.
Request for Quote and Qualifications
				  (RFQQ)
-a solicitation the university has identified the need and the
				  services to resolve it and is looking for a firms qualifications and costs or
				  fees to provide the identified services.
Respondent
-an individual or entity that
				  submits a response to a solicitation.
Responsible Respondent
-a business entity or
				  individual determined to be fully capable of meeting all requirements of the
				  solicitation and subsequent contract and which has the personnel, financial and
				  technical resources to perform as will be contractually required. A
responsible respondent
must be able to fully document in
				  advance the ability to provide good faith performance.
Responsive Respondent
-an individual or
				  business entity that has submitted a bid/proposal/offer that fully conforms in
				  all material respects to the requirements of the solicitation.
Services
-the furnishing of labor, time or
				  effort by a vendor which may involve, to a lesser degree, the delivery or
				  supply of a product, incidental to the required performance.
Shared Service Model
-the provision of a
				  service or function by one part of an organization or group where that service
				  or function had previously been found in more than one part of the organization
				  or group. Funding and resourcing of the service is shared and the providing
				  department effectively becomes an internal service provider.
Signature
-a manual or electronic
signature.
See also
electronic
				  signature.
Small Purchases
-procurements not exceeding
				  $5,000 or an amount as determined by the management board to be in the best
				  interest of the university or to offset volatile economic conditions may be
				  made in accordance with
small purchase
- procedures, except
				  that procurement requirements shall not be artificially divided so as to
				  constitute a
small purchase
under this definition.
Sole Source Procurement
-a purchase made when
				  there is only one source for a good or service and only one vendor or supplier
				  has the sole ability to meet the requirements of the procurement.
Solicitation
-an ITB, RFP, RFQ, RFQQ, CRA,
				  SFO or an electronic posting, document or any other communication used to
				  obtain responses for the purpose of entering into a contract.
Solicitation for Offers (SFO)
-a solicitation
				  for a contract that will produce revenue or other significant benefit for the
				  university.
University
-Louisiana State University and
				  Agricultural and Mechanical College, located at Baton Rouge and designated as
				  the premier flagship university for the state, an institution of the Louisiana
				  State University System and under the supervision and management of the Board
				  of Supervisors of Louisiana State University and Agricultural and Mechanical
				  College.
University Pilot Procurement Code (UPPC)
-the
				  rules adopted pursuant to the authority granted by R.S. 17:3139.5.5.c.i, for
				  use by the initial qualifying institution and those institutions operating
				  under the auspices of a shared services model managed by the qualifying
				  institution, in lieu of state procurement statutes when the university procures
				  goods or services or enters other contracts.
Used Equipment
-pre-owned or
				  rebuilt/remanufactured/ refurbished equipment that may be offered for
				  purchase.
Vendor
-a supplier or seller of goods or
				  services.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of
				  2014.