| Word or Phrase |
Shall mean and refer to… |
| Bid or proposal security |
a sum of money (which could be in a form of a cashier’s check, irrevocable letter of credit, money order, or a bond issued by a surety) that is deposited with a bid or proposal guaranteeing that the Bidder or Offeror will not withdraw the bid or proposal for a specific period of time, will furnish bonds as required, and will accept a contract, if awarded, or forfeit the deposit. |
| Change Order |
any signed alteration to a contract or purchase order that is executed by the Association in accordance with the terms of the contract or purchase order that unilaterally directs the supplier to make changes. |
| Closed Bidding |
(also called closed competitive bidding) is where the sealed bids are opened only in the presence of authorized personnel. (see Open bidding). |
| Competitive Bidding |
the procurement method in which bids from competing contractors, suppliers or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the contract, as well as the criteria by which the bids will be evaluated. However, due to the Association’s size, invitations to bid are not normally advertised, but sent to selected contractors, suppliers or vendors. In such cases, vendor selection must be done in a manner that ensures true competitive bidding and does not knowingly preclude potential bidders that may provide best value. |
| Competitive Negotiation |
an alternative to competitive bidding in which a request for proposal (RFP) is sent only to qualified contractors or suppliers. The RFP details the scope, specifications, and terms and conditions of the proposed contract and the criteria for evaluating the bids. Then separate negotiations are carried out with each bidder whose bid falls within the preset competitive range. The process concludes with the award of the contract to the bidder who offers best value (most advantageous price, quality and service combination). |
| Confidential information |
any information that belongs to the Association or another party that is not in the public domain but is disclosed or known to an Association employee or agent as a consequence of his or her service to the Association. |
| Consulting services |
services that involve the study or advisement of the Association under a contract with a firm where no employer/employee relationships exist. |
| Contract |
all types of agreements, written or oral, regardless of what they may be called, for the procurement or disposal of goods or services. |
| Contract modification |
any written alteration in specifications, delivery, period of performance, price, quantity, or other provisions of a contract that is accomplished by mutual agreement of the parties to the contract. Contract modifications include change orders, extra work orders, supplemental agreements, contract amendments, or reinstatements. |
| Cooperative Purchasing Agreements |
agreements in which two or more independent organizations “partner” in a contract with a vendor to acquire goods and/or services. This is usually done to leverage economies of scale. |
| Design-bid-build |
a project delivery method in which the Association sequentially awards separate contracts: the first for architectural and engineering services to design the project, and the second for construction of the project according to the design. Design-build means a project delivery method whereby the Association enters into a single contract for design and construction of a building or structure or for the rehabilitation of or improvement to real property. |
| Direct or indirect participation |
involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or any other advisory capacity. |
| Equivalent item |
an item of equipment, material, or supply that is functionally equal or superior to an item specified in a solicitation in quality, design, or performance characteristics. |
| Excess Goods |
Any tangible property having a remaining useful life but which is no longer required by the User in possession of the goods |
| Executive Committee |
a sub-committee of the Board of Directors duly elected annually by the Board of Directors. See QHRRP 8000-020 (Executive Committee (EC)). |
| Fraud and/or corruption |
includes, but is not limited to, the following acts:
- A corrupt practice, which is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of another party;
- A fraudulent practice, which is any act or omission, including a misrepresentation or attempt to mislead a party in order to obtain a financial or other benefit or to avoid an obligation;
- A coercive practice, which is impairing, harming, or threatening to impair or harm, directly or indirectly, any party or property of the party to influence the actions of a party;
- A collusive practice, which is an arrangement between two or more parties designed to achieve an improper purpose, including an attempt to influence improperly the actions of another party.
|
| Goods |
all material, machinery and equipment, supplies, and raw materials. |
| Information Technology |
all electronic information processing hardware and software, including computer systems, telecommunications, and associated consulting and support services. |
| Objectively measurable criteria |
objective standards that enable the Association to compare the economy, effectiveness, and/or value of a product or service based on reliability, operational costs, maintainability, useful life, and/or residual value. |
| Open Bidding |
(also called open competitive bidding) is where the bids are opened in full view of all who may wish to witness the bid opening. (see Closed Bidding) |
| Other Transactions |
Transactions that are not subject to the Procurement Policy. These transactions are solely the responsibility of the Board, including Association permits, property rights/easements, financing agreements (including commercial loans), investments, leal services, and CPA services. |
| Payment bond |
a certificate issued by a surety (or other form satisfactory to the Association) guaranteeing payments by a supplier to all sub-contractors who will supply labor, equipment, or material for the completion of contract work. |
| Performance bond |
a certificate issued by a surety (or other form satisfactory to the Association) to protect the Association from loss due to a supplier’s inability to complete or fulfil the contract’s requirements. |
| Procurement card |
a credit card used by an authorized Property Management user and administered in accordance with the Association’s procedures to facilitate small purchases by authorized cardholders. |
| Procurement Participants |
One or more authorized individuals who participate in the procurement effort. Procurement participants are responsible for following the procurement process and must seek all required approvals as defined within this policy and the Authority to Commit Funds Policy (QHRRP 9000-200). The makeup of the Procurement Participants depends on the nature and size of the procurement and can consist of any combination of the Property Manager, one or more Board members, committee members, staff members or other appropriate consultants. |
| Property Manager |
the senior site manager of the organization providing property management services (whether the Association’s administrative staff or contact services) who reports to the Board of Directors. |
| Property Management Service |
an organization authorized by the Association to act as its agent in property management functions. |
| Request for Information (RFI) |
the document used in an informal solicitation of information, data, comments, or reactions from possible suppliers preceding the issuance of a solicitation. No contracts are awarded via this process. |
| Request for Proposal (RFP) |
all documents, including those which may be attached or incorporated by reference that are utilized for soliciting proposals when a requirement is complex and the Association wishes to evaluate management, technical, cost, and other factors in its selection process. |
| Responsive bidder or Offeror |
a supplier who has submitted a bid or proposal that conforms in all material respects to the Request for Proposal (RFP), as applicable. |
| Services |
any work performed by an independent contractor where the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials, and supplies. Services shall include both professional services, which include the practice of accounting, law, and nonprofessional services (any service not specifically identified as professional services including, but not limited to, consulting services, printing, support services, insurance, and construction). |
| Solicitation |
a Request for Proposal (RFP) or any document used to obtain bids, proposals, or qualifications from potential bidders or offerors based on the Association’s procurement needs to obtain information or to enter into a contract. |
| Specification |
any description of the physical or functional characteristics or of the nature of goods or services. It may include a description of any requirement for inspecting, testing, or preparing goods for delivery, and it may provide for submission of samples, inspection, or testing of an item before procurement. |
| Standard terms and conditions of agreement |
the Association’s basic contractual terms and conditions of contract as developed and revised from time to time by the Association. |
| Statement of Work (SOW) |
the detailed description of the work that the Association needs a supplier to perform. |
| Term contract |
a standing blanket order agreement between a contractor and the Association that covers a specific time period through which the Association may obtain a specified or unspecified amount of a supply, service, or maintenance. |