North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter A - INFORMATION TECHNOLOGY PROCUREMENT › Section .0100 - FORMS, TERMS AND CONDITIONS AND DEFINITIONS › Section 06A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Chapter,
(1) "Agency/Agencies" is defined as an entity
				  enumerated in
				  G.S.
				  147-33.81(6).
(2) "Best value procurement" is defined as a
				  procurement process with the objective of reducing the total cost of ownership.
				  The particular procurement methods used are selected so as to result in the
				  best value for the State in terms of the function to be performed or delivered.
				  Competitive best value procurement allows for the use of alternate competitive
				  purchasing techniques in addition to low price analysis in the selection of
				  supply sources.
(3) "Clarification"
				  is defined as communication between the State and an offeror that may occur
				  after receipt of an offer for the purpose of eliminating irregularities,
				  informalities, or apparent clerical mistakes in an offer. A clarification may
				  also be used to allow the State's reasonable interpretation of an offer or
				  offers or to facilitate the State's evaluation of all offers. Clarification
				  shall not be used to cure material deficiencies or to negotiate.
(4) "Commodity" is defined as tangible or
				  moveable goods, equipment, materials or supplies.
(5) "Competition" in purchasing exists when
				  the available market for the goods or services to be acquired consists of more
				  than one supplier who is technically qualified and willing to submit an
				  offer.
(6) "Competitive range" is
				  defined as the range of all of the most highly ranked offers as established in
				  the solicitation and as determined by the purchasing agency during evaluation
				  of offers.
(7) "Deficiency" is
				  defined as either a failure to meet a stated requirement or a combination of
				  weaknesses in an offer that increases the risk of unsuccessful contract
				  performance.
(8) "Emergency
				  situations" are defined as circumstances that endanger lives, property, or the
				  continuation of a vital program, as determined by the purchasing agency head,
				  and that can be rectified only by immediate purchases or rental of goods or
				  services.
(9) "General delegation"
				  is defined as the authority delegated to the purchasing agency for the
				  procurement of information technology goods and services. The State CIO may
				  issue general delegations and special delegations as provided in Rules 06B
				  .1303 and 06B .1304. Information technology is defined in
				  G.S.
				  147-33.81(2).
(10) "Goods" are defined as information
				  technology commodities including equipment, materials, or supplies.
(11) "Negotiation" is defined as oral or
				  written communications in a waived, limited, or open competitive procurement
				  between the State and offeror(s) undertaken with the intent of allowing
				  offerors to revise their offers. Revisions may apply to price, schedule,
				  technical requirements, or other terms of the proposed contract. Negotiations
				  are specific to each offer and shall be conducted to maximize the State's
				  ability to obtain best value based on the evaluation factors set forth in the
				  solicitation. The State may reward technical solutions exceeding mandatory
				  minimums with higher evaluations or negotiate with offerors for increased
				  performance beyond mandatory minimums.
(12) "Offer" is defined as a bid or proposal
				  submitted in response to any solicitation document utilizing "Best Value"
				  procurement methodology including Invitation for Bids (IFB), Request for
				  Proposals (RFP), Request for Quotations (RFQ), negotiation, or other
				  acquisition processes, as well as responses to solution-based solicitations and
				  government-vendor partnerships.
(13) "Packaged software," or "commercial off
				  the shelf software" (COTS) is an information technology commodity and is
				  defined as software used regularly for other than government purposes and is
				  sold, licensed, or leased to the general public or commercial enterprises at a
				  vendor's catalog prices.
(14)
				  "Pressing need" is defined as a need arising from unforeseen causes including
				  delay by contractors, delay in transportation, breakdown in machinery, or
				  unanticipated volume of work, and which can be satisfied only by immediate
				  purchase (or rental) of equipment, supplies, materials, or contractual
				  services.
(15) "Price" is defined
				  as the amount paid by the State to a vendor for a good or service.
(16) "Procurement" is defined as the process
				  of acquiring goods or services.
(17) "Progressive award" is defined as an
				  award of portions of a definite quantity requirement to more than one
				  contractor. Each portion is for a definite quantity and the sum of the portions
				  is the total quantity procured. A progressive award may be in the purchasing
				  agency's best interest when the awards to more than one offeror for different
				  amounts of the same item are needed to obtain the total quantity or the time or
				  times of delivery required.
(18)
				  "Purchasing agency," or purchaser, is defined as the agency that issues the
				  purchase order and thereby awards a contract.
(19) "Responsible offeror" is defined as an
				  offeror who demonstrates in its offer that it has the capability to perform
				  fully the requirements of the solicitation.
(20) "Responsive offer" is defined as an
				  offer that conforms to the solicitation in all material respects.
(21) "Sealed offer" is defined as an offer
				  that remains unopened until the public opening time stated in the solicitation.
				  Offers are typically submitted sealed to meet this requirement, but electronic
				  submission is permitted if the purchasing agency has the capability to maintain
				  the confidentiality of the offer until the scheduled public opening
				  time.
(22) "Service" is defined as
				  any work performed to meet any demand or need for information technology
				  requiring specialized knowledge, experience, expertise, professional
				  qualifications, or similar capabilities for any aspect of information
				  technology. This includes performance, review, analysis, development,
				  integration, installation, or advice in formulating or implementing
				  improvements in programs or services.
(23) "Small purchase" is defined as the
				  purchase of goods and services where the expenditure of public funds is within
				  the purchasing agency's delegated authority.
(24) "Solicitation document" is defined as a
				  written or electronic Invitation for Bid (IFB), Request for Quote (RFQ),
				  Request for Proposal (RFP) or Request for Information (RFI) document or other
				  such documents approved under Rule 06B .0201 expressly used to solicit, invite
				  offers, or request information regarding the acquisition of goods and
				  services.
(25) "State Chief
				  Information Officer" (State CIO) is the person appointed to manage and
				  administer the Office of Information Technology Services (ITS), and as used
				  herein shall include the State CIO or the State CIO's designee.
(26) "State CIO approval, limitation or
				  determination," as used herein, is the judgment applied to the particular
				  factual basis for the procurement decision under the rule or rules, utilizing
				  the knowledge and qualifications of the office, the needs of the State, and
				  information provided by the agencies involved.
(27) "Tabulation" is defined as a list of
				  offeror(s) submitting offer(s) in response to a particular
				  solicitation.
(28) "Total cost of
				  ownership" is defined as a summation of all purchase, operating, and related
				  costs for the projected lifetime of a good or a service.
(29) "Weakness" is defined as a flaw in the
				  offer that increases the risk of unsuccessful contract performance.
Authority
					 G.S.
					 143-135.9;
					 147-33.82;
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.