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Section 2: Definitions


(1) "Annual cumulative threshold" means the maximum total annual amount, established by Utah State University that may be expended to obtain procurement items from the same source.

(2) "Annual Item threshold" means the maximum dollar total annually that may be expended to obtain a procurement item (good or service) from the same source under this section without Purchasing and Contract Services prescribing a procurement method.

(3)Appropriate” means an expenditure is considered appropriate if:

(A) its purpose supports the mission of the University, and

(B) reimbursement for or direct payment of the expenditure is not otherwise prohibited by any University rule, and

(C) Payment has not or will not be made using University systems, cards or processes.

(4) "Applicable rulemaking authority" means:

(A) as it relates to a state institution of higher education, the State Board of Regents.

(B) as it relates to Utah State University, the office of the president or his designee, the Vice President for Business and Finance.

(C) as it relates to the State Building Board, created in Section 63A-5-101, the State Building Board, but only to the extent that the rules relate to procurement authority expressly granted to the State Building Board by statute;

(D) as it relates to the Division of Facilities Construction and Management, created in Utah Code Section 63A-5-201, the director of the Division of Facilities Construction and Management, but only to the extent that the rules relate to procurement authority expressly granted to the Division of Facilities Construction and Management by statute;


(8) "Architect-engineer services" means:

(A) a person licensed under this chapter as an architect. (Ref Utah Code Section 58-3a-102) and to the practice of architecture;

(B) “Practice of architecture" means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings:

(i) planning;

(ii) facility programming;

(iii) preliminary studies;

(iv) preparation of designs, drawings, and specifications;

(v) preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and

(vi) administration of construction contracts.

(9) "Bidder" means a person who responds to an invitation for bid.

(10) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202.

(11) "Building board" means the State Building Board created in Section 63A-5-101.

(12)Business Expense Reimbursement” means payment to an individual as reimbursement for business related expenses incurred on behalf of the University. Individuals include, but are not limited to, faculty, staff, students, volunteers, etc. This does not include payroll transactions. Reimbursements are subject to all requirements of expenditures, and may be subject to additional requirements.

(13)Business Related” means an expenditure is considered business related if:

(A) it reflects an ordinary and necessary transaction incurred to conduct University business;

(B) the underlying activity is able to bear scrutiny that it is being made to further the mission of the institution, i.e. that it is necessary to carry out the objectives of instruction, research, public/patient service – or supporting administrative functions surrounding these objectives; and

(C) a public purpose is served in expending University funds for such goods or services.

(14) "Change directive" means a written order signed by the Director of Purchasing and Contract Services that directs the contractor to suspend work or make changes, as authorized by contract, without the consent of the contractor.

(15) "Change order" means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract.

(16) "Chief procurement officer" means the Vice President for Business and Finance or the Director of Purchasing and Contract Services.

(17) "Committee" is a proposal review committee.

(18)Construction” means:

(A) the process of building, renovating, altering, improving, or repairing a public building or public work.

(B) "Construction" does not include the routine operation, routine repair, or routine maintenance of an existing structure, building, or real property.

(19) "Contract" means an agreement for the procurement or disposal of a procurement item.

(20) "Contractor" means a person awarded a contract with Utah State University.

(21) "Cooperative procurement" means procurement conducted by, or on behalf of Utah State University.

(22) "Cost-plus-a-percentage-of-cost contract" means a contract where the contractor receives compensation a percentage over and above the contractor's actual expenses or costs.

(23) "Cost-reimbursement contract" means allowed contractors contract costs reimbursed and allocated in accordance with the contract terms and a fee, if any.

(24) "Days" means calendar days, unless expressly provided otherwise.

(25) "Definite quantity contract" means a fixed price contract that provides for the supply of a specified amount of goods over a specified period, with deliveries scheduled according to a specified schedule.

(26) "Design-build" means the procurement of architect-engineer services and construction by the use of a single contract with the design-build provider.

(27) "Design professional" means:

(A) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;

(B) a landscape architect, licensed under Title 58, Chapter 53, Landscape Architects Licensing Act; or

(C) a professional engineer or professional land surveyor, licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.

(28) "Director" means the director of the Purchasing and Contract Services. 

(29) "Educational procurement unit" means Utah State University

(30) "Established catalogue price" means the price included in a catalogue, price list, schedule, or other form that:

(A) is regularly maintained by a manufacturer or contractor;

(B) is either published or otherwise available for inspection by customers; and

(C) states prices at current sales or last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(31)Expenditure” means payments or other disbursement transactions for goods and services using University funds.

(32)Business Services Financial Officers” means a person in the college designated by the Dean and Vice President for Business and Finance who is responsible and accountable for business services within the college.

(33) "Fixed price contract" means a contract that provides a price, for each procurement item obtained under the contract, that is not subject to adjustment except to the extent that:

(A) the contract provides, under circumstances specified in the contract, for an adjustment in price that is not based on cost to the contractor; or

(B) adjustment required by law.

(34) "Fixed price contract with price adjustment" means a fixed price contract that provides for an upward or downward revision of price, precisely described in the contract, that:

(A) is based on the consumer price index or another commercially acceptable index, source, or formula; and

(B) is not based on a percentage of the cost to the contractor.

(35)Grant” means:

(A) furnishing, by a public entity or by any other public or private source, financial or other assistance to a person to support a program authorized by law.

(B) "Grant" does not include:

(i) an award whose primary purpose is to procure an end product or procurement item; or

(ii) a contract awarded because of a procurement or a procurement process.

(36) "Head of a procurement unit" means:

(A) the president of Utah State University, or

(B) the president's designee - The Vice President for Business and Finance.

(37) "Indefinite quantity contract" means a fixed price contract that:

(A) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit; and

(B) does not require a minimum purchase amount; or

(C) provides a maximum purchase limit.

(38) "Independent procurement authority" means authority granted to Utah State University, under Utah Higher Education System, R571. (Also, see Utah Code 63G-6A-108.)

(39) "Individual procurement threshold" means the maximum amount, established by Utah State University for which it may purchase a procurement item under this section.

(40) "Initial proposal" is a proposal submitted by a private entity under this section.

(41)Invitation for bid" includes all documents, including documents that are attached or incorporated by reference, used for soliciting bids to provide a procurement item to Utah State University.

(42)Issuing procurement unit" means: Utah State University when issuing the invitation for bid or the request for proposal.

(43) "Labor hour contract" is a contract where:

(A) the supplies and materials are not provided by, or through, the contractor; and

(B) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit for a specified number of labor hours or days.

(44) "Multiple award contracts" means the award of a contract for an indefinite quantity of a procurement item to more than one bidder or offeror.

(45) "Multiyear contract" means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract.

(46) "Offeror" means a person who responds to a request for proposal.

(47) "Practice of architecture" does not include the practice of professional engineering as defined in Section Utah Code Section 58-3a-102 but a licensed architect may perform such professional engineering work, as is incidental to the practice of architecture.

(48) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference under the requirements of this procedure and rules.

(49)Professional engineer" means a person licensed under this chapter as a professional engineer. (Ref. Utah State Code Section 58-22-103) and they perform professional engineering.

(50) "Procure" or "procurement" means:

(A) buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring a procurement item, and

(B) "Procure" or "procurement" includes all functions that pertain to the obtaining of a procurement item, including:

(i) the description of requirements;

(ii) the selection process;

(iii) solicitation of sources;

(iv) the preparation for soliciting a procurement item;

(v) the award of a contract; and

(vi) all phases of contract administration.

(51) "Procurement item" means a supply, a service, construction, or technology.

(52) "Procurement officer" means the Director of Purchasing and Contract Services.

(53) "Professional engineering or the practice of engineering" means:

(A) a service or creative work,

(i) the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and

(B) the review of construction for the purpose of:

(i) monitoring compliance with drawings and specifications; any of which embraces these:

(a) services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and

(b) other professional services as may be necessary to the planning, progress, and completion of any engineering services.

(c) The practice of professional engineering does not include the practice of architecture (Ref. Utah State Code Section 58-3a-102), but a licensed professional engineer may perform architecture work as is incidental to the practice of engineering. 

(54) "Professional service" means a service that requires a high degree of specialized knowledge and discretion in the performance of the service, including:

(A) legal services;

(B) consultation services;

(C) architectural services;

(D) engineering;

(E) design;

(F) underwriting;

(G) bond counsel;

(H) financial advice;

(I) construction management;

(J) medical services;

(K) psychiatric services; or

(L) counseling services.

(55)Reasonable” means an expenditure is considered reasonable if the nature of the goods or services required and the amount involved reflect the actions of a prudent person under the circumstances;

(56) "Request for Information" means a nonbinding process where Utah State University requests information relating to a procurement item.

(57)Request for proposal" includes all documents, including:

(A) documents that are attached or incorporated by reference, or

(B) used for soliciting proposals to provide a procurement item to Utah State University.

(58) "Requirements contract" means a contract:

(A) where a contractor agrees to provide Utah State University's entire requirements for certain procurement items at prices specified in the contract during the contract period; and

(B) that:

(i) does not require a minimum purchase amount; or

(ii) provides a maximum purchase limit.

(59) "Resident Contractor" means a person, partnership, corporation, or other

(A) either has its principal place of business in Utah or that employs workers who are residents of this state when available; and

(B) was transacting business on the date when bids for the public contract were first solicited.

(60) "Responsible" means that a bidder or offeror:

(A) is capable, in all respects, to fully perform the contract requirements solicited in an invitation for bid or a request for proposal; and

(B) has the integrity and reliability to ensure good faith performance.

(61) "Responsive" means that a bidder or offeror submits a response to an invitation for bid or a request for proposal that conforms in all material respects to the invitation for bid or request for proposal.

(62) "Sealed" means manually or electronically sealed and submitted bids or proposals.

(63) "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific product other than a report that is incidental to the required performance.

(A) "Services" does not include an employment agreement or a collective bargaining agreement.

(64) "Single procurement aggregate threshold" means the maximum total amount, established by Utah State University, that it may expend to obtain multiple procurement items from one source at one time under this section.

(65) "Specification" means any description of the physical or functional characteristics, or nature of a procurement item included in an invitation for bid or a request for proposal, or otherwise specified or agreed to by Utah State University, including a description of:

(A) a requirement for inspecting or testing a procurement item; or preparing a procurement item for delivery.

(66) "Standard procurement process" means one of the following methods of obtaining a procurement item:

(A) bidding,

(B) request for proposal, or

(C) small purchases, in accordance with the requirements established herein.

(67)Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

(A) “Subcontractor" includes a trade contractor or specialty contractor.

(B) “Subcontractor" does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

(68) "Supplies" means all property, including equipment, materials, and printing.

(69) "Tie bid" means that the lowest responsive and responsible bids are identical in price.

(70) "Time and materials contract" means a contract where the contractor is paid:

(A) the actual cost of direct labor at specified hourly rates; the actual cost of materials and equipment usage; and

(B) an additional amount, expressly described in the contract, to cover overhead and profit, not based on a percentage of the cost to the contractor.

(71)Transitional costs" mean the costs of changing from an existing provider of, or type of, a procurement item to another provider of, or type of, procurement item.

(i) "Transitional costs" include:

(a) training costs;

(b) conversion costs;

(c) compatibility costs;

(d) system downtime;

(e) disruption of service;

(f) staff time necessary to put the transition into effect;

(g) installation costs; and

(h) ancillary software, hardware, equipment, or construction costs.

(ii) "Transitional costs" do not include:

(a) the costs of preparing for or engaging in a procurement process; or

(b) contract negotiation or contract drafting costs

(72)University Funds” means funds administered or held by the University, including monies allocated by legislative appropriation, departmental operating funds, clinical income, gifts and any other funds for which the University is accountable, including monies from federal contracts and grants.

(73) "Vendor" means:

(A) a bidder;

(B) an offeror; or

(C) a contractor, including an architect or an engineer.