§ 17-287. 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:]
Administrative regulations and internal procedures of purchasing and contracts means those promulgated directives, such as a purchasing procedures manual, having general or particular applicability designed to implement or interpret policy, or describing organization, procedure, or practice requirements.
Administrator means the county administrator, or designee.
Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing, usage of trade, or course of performance. Whether an agreement has legal consequences is determined by the provisions of the Uniform Commercial Code of Florida, if applicable, otherwise by the law of contracts.
Amendment means a modification, deletion or addition to an executed contract by means of a formally executed document signed by both parties.
Bid means a formal written price offer by a vendor to the county to furnish specific goods and/or services in response to an invitation for bids or a multistep bidding procedure.
Bid award means award of a bid for which funds have lawfully been appropriated by the board of county commissioners.
Blanket purchase order means a purchase order under which a vendor agrees to provide goods or services to a purchaser on a demand basis; the purchase order generally establishes a maximum dollar limit, prices, terms, conditions and the period covered, with no specified quantities; shipments are to be made as required by the purchaser.
Board means the Board of County Commissioners of Orange County, Florida.
Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
Capital improvement project (project) means any public improvement which the county undertakes, including the construction or reconstruction, in whole or in part, of any building, road, highway, street improvements, physical plant, structure or facility necessary in carrying out the functions of the county government. It does not include any routine maintenance, operation or repair of existing structures, buildings or real property.
County chairman means the county chairman who is elected countywide as per the county's Charter, or designee.
Change order means a written modification to a contract or purchase order, which normally revises the quantities or scope of services, and may include an extension of time to complete the contract.
Consultant services means any narrow discipline wherein a known practitioner has, through education and experience, developed expert advisory and programming skills as a vocation; any service performed primarily by vocational personnel which requires the analysis or certification of a professional before the services are acceptable to the user of the service; or any other advisory, study or programming activity. The chief of purchasing and contracts may determine in writing that the level of skills and/or creativity of the potential or known practitioner(s) warrants procurement in lieu of competitive bid or quotation process. For the purposes of this article, the term consultant services does not include those services defined and prescribed under F.S. § 287.055.
Construction means the process, usually requiring the professional services of an architect and/or engineer, of building, altering, repairing, improving or demolishing any structure or building or other improvements of any kind to any real property.
Construction management services means construction of a capital improvement project whereby the construction manager manages construction of the project by its own trade contractors and construction manager provides services such as estimating, scheduling, constructability review, and value engineering. Generally, the construction manager acts in a fiduciary capacity toward the county and the construction manager's compensation is limited to a guaranteed maximum price as defined in a contract and payment of a management fee.
Contract means:
(1)
A deliberate verbal or written agreement between two (2) or more competent parties to perform or not perform a specific act or acts;
(2)
Any type of agreement regardless of what it is called for the procurement or disposal of goods, services or construction; usually for exchanging goods or services for money or other consideration.
Contractor means any person, vendor, firm, or business having a contract with the board of county commissioners.
County means Orange County, Florida, its board of county commissioners, and persons duly authorized to act on behalf of the board.
Debarment means the exclusion for cause of a vendor or contractor from bidding and/or receiving a contract to do business with the county.
Design-build services means the requirement for which a single contract with a design-build firm is entered into for the design and construction of a capital improvement construction project.
Designee means a duly authorized representative of a person holding a superior position.
Emergency purchase means a purchase of goods or services, or both, made without resort to any competitive process by the county because, in the sole judgment of the chief of purchasing and contracts (or, if applicable, the board of county commissioners) such acquisition is necessary to remedy or lessen the harmful effects of any actual or threatened occurrence which may interfere with the conduct of normal business operations or remedy or correct conditions which may pose an imminent or existing threat to the health, safety or welfare of persons or property within the county or with county governmental operations. Lack of planning or funding surpluses do not constitute emergency purchases.
Employee means a person employed by the county who is drawing a salary or wages directly from the county.
Goods means any tangible personal property other than services or real property.
Invitation for bids (IFB) means the solicitation document and all attachments and addendums used for competitive sealed bidding for the procurement of construction, goods and/or services.
Item means a single, separate unit, article, product, material or service.
Manager of purchasing and contracts means the person holding the position as the head of the purchasing and contracts division of Orange County.
Mandatory bid amount means the threshold dollar amount established as policy by the board of county commissioners at and above which the formal competitive sealed bid process shall be used, except as otherwise provided herein. The mandatory bid amount shall be at the amount promulgated in the administrative regulations and internal procedures of purchasing and contracts.
May denotes the permissive.
Minority/women business enterprise means a business firm which is specifically defined as such by county ordinance or code.
Must denotes the imperative.
Person means any business, individual, union, committee, club or organization, or group of individuals.
Procurement means buying, purchasing, renting, leasing or otherwise acquiring any goods and/or services for public purposes in accordance with the law, rules, regulations and procedures intended to provide for the economic expenditure of public funds. It includes, but is not limited to, all functions which pertain to the obtaining of any supplies, materials, equipment and/or services, including construction projects and capital improvement projects, as defined herein, required by any department or agency of county government regardless of the source of funds or for which payment is made from county funds. For the purposes of this article, it excludes those items set forth in section 17-286.
Professional services means architectural, engineering, landscape architectural, registered land surveying services, and other services as defined and prescribed under F.S. § 287.055.
Proposal means an executed formal document submitted by an offerer to the county stating the goods and/or services offered to satisfy the need as requested in the request for proposal or request for information.
Purchase means the same as procurement, as defined herein.
Purchase order means the county's document used to authorize a purchase transaction with a vendor. It should contain provisions for goods and/or services ordered, applicable terms as to payment, discounts, date of performance, transportation and other factors or conditions relating to the transaction. Acceptance of a purchase order by a vendor shall constitute a contract, except in instances in which a purchase order is used only as an internal encumbrance document.
Quotation means any oral or written informal offer by a vendor to the county to furnish specific goods and/or services at a stated price.
Request for information (RFI) means a solicitation of responses from interested and prospective vendors/contractors to provide information and/or specifications in order to determine qualifications and/or capabilities to satisfy a need rather than a firm specification and in which the respondent may be given latitude in order to develop a product and/or service which will fulfill the need. Upon receipt of responses to the RFI, the county may develop specifications for an invitation for bid or criteria for a request for proposal, either of which may be issued to qualified proposers who submitted responses to the RFI.
Request for proposal (RFP) means a solicitation of responses for a good and/or service for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined. Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the relative importance of price and other evaluation factors.
Request for quotation means an informal request, either oral or written, to solicit prices for specific goods and/or services.
Responsible bidder, offerer, quoter or respondent means an individual or business which has submitted a bid, offer, proposal, quotation or response, which has the capability, as determined by the county, in all respects to perform fully the contract requirements, and the integrity and reliability which give reasonable assurance of good faith and performance.
Responsive bidder, offerer, quoter or respondent means an individual or business which has submitted a bid, offer, proposal, quotation or response which, as determined by the county, conforms in all material respects to the solicitation.
Services means the furnishing primarily of labor, time and/or effort by professionals or contractors, wherein the submission of goods or other specific end products other than reports, studies, plans, advisories, contractual documents or other documents relating to the required performance is incidental or secondary. This term shall not include employment agreements or collective bargaining agreements.
Shall denotes the imperative.
Sole source means the only existing source of the only item or service which meets the needs of the using department, or a provider of specialized services who is uniquely qualified to perform such services as determined by a reasonably thorough analysis of the marketplace.
Specification means a concise statement of a set of requirements to be satisfied by a product, material or process used in an invitation for bid or request for quotation to describe the goods and/or service to be purchased or otherwise acquired.
Suspension means temporary debarment for a period not to exceed two (2) years.
Using department means that department within county government which requests and utilizes goods and/or services procured under this article.
Vendor means an actual or potential supplier of a good and/or service; a "seller"; or a subcontractor or subconsultant to a contractor who has contributed to the good or service purchased from the vendor.
Vendor list means the compilation by category of goods and/or services of the names and addresses of those appropriate suppliers of goods and/or services who have indicated an interest in doing business with the county.
(Ord. No. 92-26, § II.G, 9-15-92; Ord. No. 93-22, §§ 3, 4, 9-7-93; Ord. No. 96-8, § 3, 3-26-96; Ord. No. 2007-13 , § 3, 10-30-07)
Cross reference
Rules of construction and definitions, § 1-2.