§ 2-553. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless a different meaning clearly appears from the context:

(1)

Best value. As predetermined in the solicitation, the overall combination of quality, price, and various elements of required services that in total are optimal relative to the city's needs.

(2)

Brand name specification. A specification limited to one (1) or more items by manufacturers' names or catalogue numbers.

(3)

City council. The City Council of the City of Newport News.

(4)

Competitive negotiation. A method of contractor selection utilizing a written request for proposal, followed by discussions with responsive, responsible offerors.

(5)

Competitive sealed bidding. A method of contractor selection utilizing a written invitation to bid, public opening and announcement of all bids received, evaluation of bids based upon the requirements set forth in the invitation and award to the lowest responsive, responsible bidder.

(6)

Construction. Building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavating, grading or similar work upon real property.

(7)

Contract. All types of agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction.

(8)

Contractor. Any person having a contract with the city.

(9)

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 acting in any other similar capacity.

(10)

Employment services organization. An organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department of Rehabilitative Services.

(11)

Goods. All material, equipment, supplies, printing and automated data processing hardware and software.

(12)

Informality. A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid, or the request for proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured and does not give a competitive advantage as a result thereof.

(13)

Insurance. A contract whereby, for a stipulated consideration, one (1) party undertakes to compensate the other for loss on a specified subject by specified perils.

(14)

Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.

(15)

Job order contracting. A method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed bidding or competitive negotiation depending on the needs of the public body procuring the construction services. A minimum amount of work may be specified in the contract.

(16)

Multiphase professional services contract. A contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract.

(17)

Nominal value. So small, slight or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name, but in no case to be more than ten dollars ($10.00).

(18)

Nonprofessional services. Any services not specifically identified as professional services.

(19)

Professional services. Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering.

(20)

Person. Any corporation, partnership, business, individual, union, committee, club, other organization or group of individuals.

(21)

Public contract. An agreement between the city and a nongovernmental source that is enforceable in a court of law.

(22)

Purchasing agent. The purchasing agent of the City of Newport News, or his designee. The purchasing agent shall be the head of the office of purchasing. Whenever the words director of purchasing or department of purchasing are used in any ordinance, resolution, policy, contract or other document, such shall mean the purchasing agent, or his designee, or the office of purchasing, respectively.

(23)

Request for proposals. All documents, whether attached or incorporated by reference, utilized for soliciting proposals.

(24)

Responsible bidder or offeror. A person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance and who has been prequalified, if required.

(25)

Responsive bidder. A person who has submitted a bid which conforms in all material respects to the invitation to bid.

(26)

Services. Any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials and supplies.

(27)

Specification. Any description of the physical or functional characteristics or of the nature of a good, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery.

(Ord. No. 3910-89; Ord. No. 4967-96, § 1; Ord. No. 5467-00, § 1; Ord. No. 5999-04; Ord. No. 6885-12, § 1; Ord. No. 7036-14, § 1; Ord. No. 7079-14; Ord. No. 7194, § 1)

(Ord. No. 3910-89; Ord. No. 4967-96, § 1; Ord. No. 5467-00, § 1; Ord. No. 5999-04; Ord. No. 6885-12, § 1; Ord. No. 7036-14, § 1; Ord. No. 7079-14; Ord. No. 7194, § 1)