Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following terms are a compilation of definitions, including those found in the Public Contracting Code, in other statutes referenced by the Public Contracting Code, and elsewhere in these Rules. Partial definitions of the Public Contracting Code are for the use of the Agencies only. The following terms, when capitalized in these Rules, have the meaning given below:
(1) "Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document.
(2) "Adequate" is defined in ORS 279C.305 and means sufficient to control the performance of the Work and to ensure satisfactory quality of construction by the contracting agency personnel.
(3) "Advantageous" means a judgmental assessment by the Agency of the Agency's best interests.
(4) An "Administrator" or "Administering Contracting Agency" is defined in OAR 125-246-0400.
(5) "Affected Person" or "Affected Offeror" means a Person whose ability to participate in a Procurement is adversely affected by an Agency decision.
(6) "Affirmative Action" is defined in ORS 279A.100 and means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans.
(7) "Agency" means those agencies of the State of Oregon that are subject to the Procurement Authority of the Director of the Department according to ORS 279A.050 and 279A.140. This term includes the Department when the Department is engaged in Public Contracting. Under these Rules, an Agency is authorized only through a delegation of Authority according to OAR 125-246-0170.
(8) "Agreement to Agree" means a Price Agreement as defined in Subsection (110).
(9) "Amendment" means a Written modification to the terms and conditions of a Public Contract, other than Changes to the Work as defined in OAR 125-249-0910, that meets the requirements of 125-247-0805, 125-248-0340, 125-249-0160, and 125-249-0910. For the purposes of these Rules, Amendments are included within the definitions of "Procurements" and "Contract Administration."
(10) "Architect" is defined in ORS 279C.100 and means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms "architect," "licensed architect" and "registered architect.
(11) "Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services" is defined in ORS 279C.100(2).
(12) "As-Is, Where-Is" applies to the sale of Goods and means that the Goods are of the kind, quality, and locale represented, even though they may be in a damaged condition. It implies that the buyer takes the entire risk as to the quality of the Goods involved, based upon the buyer's own inspection. Implied and express warranties are excluded in sales of Goods "As-Is, Where-Is."
(13) "Authority" means, unless the context requires otherwise, "Procurement Authority."
(14) "Authorized Agency" means any Person authorized according to OAR 125-246-0170  to conduct a Procurement or take other actions on an Agency's behalf. This term, including its use in the Rules, does not convey Authority to an Agency. For the Authority of Agencies under the Code and these Rules, see OAR 125-246-0170  only.
(15) "Award" means the Agency's identification of the Person(s) with whom the Agency intends to enter into a Contract.
(16) "Bid" means a Written response to an Invitation to Bid.
(17) "Bidder" means a Person who submits a Bid in response to an Invitation to Bid.
(18) "Brand Name or Equal Specification" is defined in ORS 279B.200(1) and means a Specification that uses one or more manufacturers' names, makes, catalog numbers or similar identifying characteristics to describe the standard of quality, performance, functionality or other characteristics needed to meet the Agency's requirements and that authorizes Offerors to offer Supplies and Services that are equivalent or superior to those named or described in the Specification.
(19) "Brand Name Specification" is defined in ORS 279B.200(2) and means a Specification limited to one or more products, brand names, makes, manufacturer's names, catalog numbers or similar identifying characteristics.
(20) "Business Day" means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays.
(21) "Certification Office for Business Inclusion and Diversity (COBID), formerly the Office of Minority, Women, and Emerging Small Business" or "OMWESB" is defined in ORS 200.025 and 200.055 and means the office that administers the certification process for the Disadvantaged Business Enterprise (DBE), Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), Veteran-owned Business (VBE), and Emerging Small Business (ESB) Programs. Certification Office for Business Inclusion and Diversity (COBID), formerly OMWESB, is the sole authority providing certification in Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses.
(22) "Chief Procurement Officer" or "CPO" or "State Chief Procurement Officer" means the individual designated and authorized by the Director of the Department to perform certain procurement functions described in these Rules, or the State Chief Procurement Officer's delegate.
(23) "Class Special Procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time for the acquisition of a specified class of Goods or Services.
(24) "Client" means any individual, family or Provider:
(a) For whom an Agency must provide Services and incidental or specialized Goods, in any combination thereof ("Services and Incidental Supplies"), according to state, federal law, rule, and policy. Those Services and Incidental Supplies include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided;
(b) Who in fact receives and utilizes services provided by an Agency primarily for that individual's or family's benefit;
(c) Who is under the custody, care, or both of the Agency; or
(d) Who provides direct care or Services and is a proxy or representative of the non-Provider Client.