WAC 236-48-003   Definitions.  As used in this chapter the following terms shall have the following meanings; additional terms shall have meanings as outlined under WAC 236-49-010:

     (1) Agency. Shall include state of Washington institutions, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state. "Agency" does not include the legislature but does include colleges, community colleges and universities who choose to participate in state contract(s).

     (2) All or nothing award. A method of award resulting from a competitive solicitation by which the purchaser will award all items to a single bidder.

     (3) Alternate. A substitute offer of goods and services which is not at least a functional equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive solicitation.

     (4) Bid. A written offer to perform a contract to purchase or supply goods or services in response to an invitation for bid.

     (5) Bidder. A supplier who submits a bid, quotation or proposal.

     (6) Bidder's bond. As used in RCW 43.19.1915 shall mean either a bid guarantee or performance guarantee as addressed herein and as further outlined in WAC 236-48-035 through236-48-036 .

     (7) Brand. A specification identifying a manufacturer of the goods described in a competitive solicitation to identify a standard of quality against which other products will be evaluated.

     (8) Confidential information. Any information meeting the criteria in RCW 42.17.310 or any information designated as confidential pursuant to state law.

     (9) Contractor. Individual, company, corporation, firm, or combination thereof with whom purchaser develops a contract for the procurement of goods and services.

     (10) Delegated authority. Authority to purchase goods and/or services delegated to an agency by office of state procurement pursuant to RCW 43.19.190(4) and which is delegated in one of the following forms:

     (a) General. Those purchases delegated by the office of state procurement which are common to multiple state agencies.

     (b) Specific. Those purchases delegated to specific agencies for continuing individual commodity requirements.

     (c) Limited. Those purchases delegated to a specific agency for one-time commodity requirements.

     (11) Direct buy limit. Dollar amount pursuant to RCW 43.19.1906(2) below which competition is not required.

     (12) Director. Except where otherwise specifically noted shall mean the state purchasing and material control director, who is the assistant director, office of state procurement.

     (13) Emergency purchase. A purchase made pursuant to RCW 43.19.200 in which the normal competitive purchasing procedures have been waived by a declaration of emergency issued by the agency director as defined in RCW 43.19.200.

     (14) Equal. An offer of goods and/or services which meets or exceeds the quality, performance and use of the specifications identified in a competitive solicitation.

     (15) Fair market price. The price determined by the purchasing activity to be consistent with current market value for the goods or services being purchased from community rehabilitation programs and eligible programs of the department of social and health services which has been determined pursuant to RCW 43.19.530.

     (16) Formal sealed bid procedure. Procedure by which the purchasing activity solicits written competitive bids or proposals from a sufficient number of prospective bidders thought to be of advantage to the state to assure adequate price and product competition by means of a written invitation for bid (IFB) or request for proposal (RFP) or other solicitation method setting forth specifications and all material and objectively measurable criteria for the intended purchase. Unless exception(s) are authorized in the solicitation document for electronic bid procedures, all bids are to be submitted in sealed envelopes to the location indicated in the bid documents and must be received by the time indicated therein. No disclosure of bids or bid information is made prior to the public bid opening. After the bid opening, all bid information shall be referred to the purchasing activity and treated as confidential working papers until after award at which time all bids become public information. The award is to be made in accordance with RCW 43.19.1911.

     (17) Goods and/or services. Material, supplies, services, and equipment offered for sale by a supplier(s) and required by an agency to accomplish continuing and necessary functions and not otherwise statutorily exempted from chapter 43.19 RCW.

     (18) Informality. An immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

     (19) Invitation for bid. The form utilized to solicit bids in the formal, sealed bid procedure and any amendments thereto issued in writing by the purchasing activity. Factors impacting cost and conditions of responsiveness and responsibility are normally evaluated. Noncost factors may be evaluated and all factors may be weighted if considered appropriate.

     (20) Office of state procurement. The division of purchasing of the department of general administration in RCW 43.19.180 et seq. Whenever a purchase or sale is made by the office of state procurement on behalf of another agency, the office of state procurement is acting in the capacity of agent for such agency.

     (21) Prompt payment discount. A discount offered by the bidder to encourage timely payment by purchaser within the stated term identified by bidder.

     (22) Proposal. An offer to perform a contract to supply goods or services in response to a request for proposal.

     (23) Public agency. Shall include all agencies outlined under RCW 39.34.020.

     (24) Purchase. Shall include purchase, lease, renting or lease-purchase of goods and services.

     (25) Purchasing activity. The office of state procurement or an agency authorized by state statute to conduct acquisition of goods and services or delegated that authority by the office of state procurement.

     (26) Quotation. An offer to perform a contract to supply goods and/or services in response to a request for quotation.

     (27) Recovered material. Goods containing recovered materials as defined in RCW 43.19.537 et seq. and federal, regional, or state guidelines approved by the director.

     (28) Request for quotation. The form used to solicit written quotations in accordance with RCW 43.19.1906(2). The request and the quote in response may be either written or oral as specified by the purchasing activity. Factors impacting cost and conditions of responsiveness and responsibility are normally evaluated. Noncost factors may be evaluated and all factors may be weighted if considered appropriate.

     (29) Request for proposal. The form utilized to solicit written proposals from potential suppliers. Both cost and noncost factors are evaluated in addition to conditions of responsiveness and responsibility to achieve best value. A weighted point assignment method of evaluation may be used if considered appropriate.

     (30) Requisition. A standard state form which serves as a procurement request and which requests the office of state procurement to purchase stated requirements.

     (31) Sealed bid limit. That dollar amount established by RCW 43.19.1906(2) or subsequently amended by the office of financial management due to inflationary trends above which the formal sealed bid procedure will be used.

     (32) Single source purchase. A purchase of goods or services which is clearly and legitimately limited to a single source of supply.

     (33) Solicitation. The process of notifying prospective bidders or offerors that the purchasing activity desires to receive competitive bids, quotes or proposals for furnishing goods or services. Also includes reference to the actual document used in that process.

     (34) Specifications. The explicit requirements furnished with a competitive solicitation upon which a purchase order or contract is to be based. Specifications set forth the characteristics of the goods and/or services to be purchased or sold so as to enable the bidder or supplier to determine and understand requirements of the purchaser. Specifications may be in the form of a description of the physical or performance characteristics, a reference brand or both. It may include a description of any requirement for inspecting, testing, or preparing a material, equipment, supplies, or service for delivery.

     (35) State contract. Contracts for goods and/or services administered by the office of state procurement on behalf of agencies which normally include quantity and fixed term. The contract document will identify the conditions under which usage by agencies is required.

     (36) State procurement officer. An employee of the office of state procurement designated as a state procurement officer, contract administrator, or similar designation by the director, including, where appropriate, the director and other management personnel.

     (37) Supplier. A vendor of purchased goods and services.

     (38) Supplier list. List of potential bidders maintained by the office of state procurement or purchasing activity from which names may be drawn for solicitation of bids, quotes or proposals.

     (39) Used equipment. Goods offered for sale to the state which do not have a full factory warranty and which are not being rented, leased, or otherwise in the actual possession of the state agency considering the purchase at the time of the purchase transaction.



[Statutory Authority: Chapter 43.19 RCW. 99-15-070, § 236-48-003, filed 7/19/99, effective 8/19/99; 91-09-035, § 236-48-003, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW 43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. 89-17-094 (Order 89-02), § 236-48-003, filed 8/22/89, effective 9/22/89; Order 77-2, § 236-48-003, filed 1/28/77.]