Procurement Chapter 1- Introduction

 

 

1.1     Generally.  Salt Lake City has adopted the following Procurement Rules:

                   Chapter 1    Introduction

                   Chapter 2    Who Has Procurement Authority

                   Chapter 3    General Powers

                   Chapter 4    Specifications

                   Chapter 5    Solicitation Process

                   Chapter 6    Sealed Bids

                   Chapter 7    Sealed Proposals

                   Chapter 8    Evaluation

                   Chapter 9    Contracts

                   Chapter 10  Ethics

                   Chapter 11  Small Purchases

                   Chapter 12  Contracts with Government

                   Chapter 13  Waivers

                   Chapter 14  Exemptions

                   Chapter 15  Compliance with Other Laws

                   Chapter 16  Construction Contracting and Management

                   Chapter 17  Protests and Protestor's Remedies

                   Chapter 18  City's Remedies

 

1.2     Definitions:  The following definitions apply to all Procurement Rules

 

          A.       "Bid," "proposal" or "offer" means an offer to perform.

 

          B.       "Bid package" means all documents, whether attached or incorporated by reference, used for soliciting sealed bids, such as a notice, bid form, form contract, specifications and similar documents.

         

          C.      "Bidder" means a person who submits a bid.

 

          D.      "Chief Procurement Officer" means the City employee designated pursuant to Procurement Code § 3.24.040(A), or any successor to that section.

 

          E.       "City Engineer" means the City employee designated pursuant to City Code  § 2.08.080(B), or any successor to that section.

 

          F.       "Construction" means the process of building, renovating, altering, improving or repairing any City building or public work, but does not include the routine operation or maintenance, or minor repair of, existing City property.

 

          G.      "Construction-related supplies and services" means all supplies and services put to use in the process of construction, including professional services related to construction.

 

          H.      "Division" means any division of a City department, or any other agency or subdivision of the City.

 

          I.       "Government Records Act" means the Government Records Access and Management Act, Utah Code Title 63, Chapter 2, and the City Records Act, City Code Title 2, Chapter 64, or any successors to those sections.

 

          J.       "Offer," "bid" or "proposal" means an offer to perform.

 

          K.       "Offeror" means a person who submits a proposal, a response to a request for qualifications, a quote, a bid, or any other offer or submission.

 

          L.       "Operational supplies and services" means all supplies and services put to use in connection with managing and operating the City, including professional services.  Operational supplies and services does not include construction-related supplies and services.

 

          M.      "Person" means any individual, group of individuals, entity, group of entities, business, agency, club, committee, union or other organization or organizations, not including the City or any of its employees, officers, departments or divisions.

 

          N.      "Procurement" means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies or services, and all related acquisition processes.

 

          O.      "Procurement Code" means Salt Lake City Code Title 3, Chapter 24, or any successor to that chapter.

 

          P.       "Procurement file" means the file maintained by a procurement unit in connection with a procurement.

 

          Q.      "Procurement Official" means the Chief Procurement Officer or City Engineer, or a City employee who is authorized to act in the capacity of a procurement official as specifically delegated in the Procurement Rules.

 

          R.       "Procurement Rules" means the administrative rules, policies, executive orders or other rules adopted by the Mayor in accordance with Procurement Code § 3.24.040(A)(2), or any successor to that section.

 

          S.       "Procurement unit" means a City department or division that has procurement responsibilities as authorized by City Code, or through an authorized delegation of authority.

 

          T.       "Professional services" means those services that are provided by a person skilled in the practice of a learned or technical discipline.  Providers of professional services often require prolonged and specialized intellectual training, and profess attainments in special knowledge as distinguished from mere skills.  Disciplines may include, without limitation, accounting, auditing, architecture, court reporting, engineering, experts in a specialized field, finance, law, materials testing, medicine, planning, surveying, and others.

 

          U.      "Proposal," "bid" or "offer" means an offer to perform.

 

          V.       "Proposal package" means all documents, whether attached or incorporated by reference, used for soliciting a proposal, response to a request for qualifications, or other proposal or offer to perform City work, and may include such documents as a notice, scope of work, form contract, or other documents.

 

          W.      "Request for proposals" or "RFP" means soliciting to receive sealed proposals.

 

          X.       "Request for qualifications" or "RFQ" means soliciting to receive statements describing the qualifications of potential bidders or offerors.

 

          Y.       "Responsible bidder" or "responsible offeror" means a person who has the capability in all respects to fully perform the contract requirements, and who has the integrity, capacity and reliability which will assure good faith performance.

 

          Z.       "Responsive bidder" or "responsive offeror" means a person who has submitted a bid or offer that conforms in all material respects to the bid package, proposal package, or other request.

 

          AA.     "Services" means the furnishing of labor, time, or effort by any person, and includes professional services.

 

          BB.     "Supplies" means all property, including equipment, materials and printing, but excludes land or a permanent interest in land.

 

1.3     Effect of Rules: The City and any of its departments or divisions may develop supplemental procurement policies, procedures and practices to assist with operational matters.  Such policies, procedures and practices are subordinate to and shall not conflict with these Procurement Rules.   No action or failure to act by the City in the manner set forth in these Procurement Rules shall by itself operate to create a claim or cause of action against the City.

 

          CURRENT REFERENCES: Salt Lake City Code §§ 3.24.020, 030, 040(A)(2), and Title 3, Chapter 24 generally.

 

          PRE-1996 REFERENCES: Salt Lake City Procurement Policy 3.09.002 Part I

 

          EFFECTIVE DATE: October 21, 1997