§ 2-584. Definitions of terms.

As used throughout this article, the words and terms defined in this section shall have the meanings set forth below, unless:

(1)

The context in which they are used clearly requires a different meaning, or

(2)

A different definition is prescribed for a particular section or portion thereof.

Best value means more than low cost. It includes the initial cost, service, quality and others factors related to the acquisition.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any legal entity through which business is conducted.

County means Knox County.

Confidential information means any information which is available to a person only because of said person's status as an officer or employee of the county, and is not a matter of public knowledge or available to the public on request.

Conspicuously means written in such special or distinctive format, print or manner that a reasonable person against whom, it is to operate ought to have noticed it.

Construction means the building, erection, alteration, demolition or repair (including, but not limited to, dredging, excavating and painting) of public buildings, structures and highways, and other improvements or additions to real property.

Contract means all types of agreements, orders for the procurement, use, or disposal of supplies, services, construction, insurance, real property or any other item.

Contract modification means any alteration in any provision of any existing contract.

Contractor means any person having a contract with the county.

Cooperative procurement means purchasing conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with a foreign procurement entity.

Data means recorded information, regardless of form or characteristic.

Debarment means the disqualification of a person and/or business to receive invitations for bids, requests for proposals, or the award of a contract by the county for a specified period of time.

Department means any agency or any division thereof which is authorized or created by the County Charter, or by ordinance made pursuant thereto.

Department head means the chief administrative officer of a department.

Employee means any person drawing a salary from the county, whether elected or not.

Established catalogue price means a price included in the most current catalogue, price list, schedule, or other form that is:

(1)

Regularly maintained by the manufacturer or vendor of an item;

(2)

Is either published or otherwise available for inspection by customers; and

(3)

States prices at which sales are currently, or were last made to a significant number of buyers constituting the general buying public for that item.

Evaluated bid price means the dollar amount of a bid after bid adjustments are made pursuant to a precise mathematical formula set forth in the invitation for bids, which measures the effective price to the county. Such formula shall take into account factors that contribute to the economy and effectiveness in the operation of a procured item, such as reliability, maintainability, useful life and residual value.

Foreign procurement entity means any buying organization not located in the state, which, if located in Tennessee, would qualify as a public procurement unit. An agency of the United States Government is a "foreign procurement entity."

Good faith means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

Imprest discretionary fund refers to a fund from which each elected official and department head may be reimbursed for small purchases of items deemed necessary to the function of their office, not to exceed $200.00 per official or department head.

Includes means "includes but is not limited to."

Invitation for bids means all documents utilized for soliciting bids.

Person means any individual, business, union, committee, club, partnership, corporation or other organization or group.

Procured item(s) means any supply, service, construction, insurance or any other item obtained in accordance with this article.

Procurement or purchasing means buying, renting, leasing or otherwise obtaining supplies, services, construction, insurance or any other item. It also includes all functions that pertain to the acquisition of such supplies, services, construction, insurance and other items, including description of requirements, selection and solicitation of sources, award of contract, administrative oversight of contract performance and all phases of warehousing and disposal.

Public procurement unit means the state, any county, city, town, governmental entity and other subdivision of the state, or any public agency, or any other public authority.

Purchase request or requisition means any document written or electronic whereby a using agency requests that a procurement be initiated for a specified need.

Request for information means any document used to obtain comments or reactions from contractors that precedes the issuing of a solicitation. Price is not requested.

Request for proposals means all documents, utilized for soliciting proposals.

Request for qualifications means any document used to obtain statements of qualifications from bidders prior to issuing final solicitations.

Requisition means any document written or electronic whereby a using agency requests that a contract be obtained for a specified need.

Responsible bidder or offeror means one who has the capability in all respects to perform fully the contract requirements.

Responsive bidder means one who has submitted a bid that conforms in all material aspects to the invitation for bids.

Subcontractor means any business which holds an agreement or purchase order to perform any part of the work or to make or furnish any article or service required for the performance of a county or county funded prime contract, or subcontract thereunder.

Supplies means all property, except land or interest in land.

Suspension means the disqualification of any person to receive invitations for bid, or requests for proposals, or to be awarded a contract by the county or any governmental body thereof, for a temporary period pending the completion of an investigation, and any legal proceedings that may ensue.

Using agency means any department that utilizes supplies, services, insurance, construction or any other item procured under this article.

(Ord. No. O-08-5-101, § 2(Exh. A), 6-23-08; Ord. No. O-16-3-101 , § 1, 4-25-16; Ord. No. O-18-7-101, § 1(Exh. A), 8-27-18 )