Terms used in this chapter will have the meaning assigned in this section.

Affiliate: Any business, organization, or person directly or indirectly owned or controlled by the offeror, the respondent, a related person, or any business, organization or person that directly or indirectly owns, controls or has the power to control the offeror, the respondent or a related person, whether through ownership, voting rights, position, contract or otherwise. Indicia of control include interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common employees, or a business organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

Aggrieved party: With respect to a solicitation, a person or a business that intends to submit an offer or a response that alleges a mistake, impropriety or defect in the solicitation will harm the person or business.

Bid: An offer submitted in response to an invitation for bids.

City Manager: The City Manager or designee.

Concessions: A type of revenue contract to sell goods or services to the public or event attendees, but does not apply to air carriers.

Contractor: A person or business that is party to a City contract for goods or services or is a party to a revenue contract.

Cost: The aggregate amounts paid or incurred by a contractor to provide goods or services, exclusive of any profit or markup.

Days: Calendar days, except as otherwise expressly provided in this chapter.

Debarment: A sanction imposed against a contractor for a set period of time, barring the contractor from participating in future solicitations issued by, or contracts with, the City.

Determination: A document, as required under this chapter, wherein a specific procurement decision or authorization is recorded.

Determine or determined: The act of creating a determination.

Discussions: An exchange between the Procurement Officer and one or more offerors or respondents submitting offers or responses determined to be reasonably susceptible offers or responses.

Evaluation criteria: The factors used by the City to evaluate proposals, statements of qualifications or responses. Examples of evaluation criteria may include such factors as: past performance; experience; references; financial, management and technical capability; quality and performance of goods or services; and price, cost or revenue in the case of revenue contracts.

Event attendee: A person who has paid to attend or registered to participate in an event at the Phoenix Convention Center, Orpheum Theater, Symphony Hall, or other City-owned facilities or properties.

Family member: A person who resides with or is related to a person by blood or marriage, including a spouse, brother, sister, half brother and half sister, parents, grandparents, child and grandchild.

Good cause: Substantial grounds or evidence based upon facts not in dispute as determined by the Procurement Officer that the failure by an aggrieved party, an offeror or a respondent to submit a timely offer, response, protest or appeal was beyond its control due to misinformation relayed in writing by a City employee.

Goods: Products, supplies, and materials other than real property.

Goods or services: Goods or in the alternative, services, except where the specifications describe goods and services, in which case "or" means "and."

Management contract: A contract for services between the City and a contractor, wherein the contractor, for a fee or a percentage of collections, agrees to manage or oversee all or a portion of the City’s operations or functions, including the collection of income on behalf of the City.

Must: To be obligated or bound by an imperative requirement.

Offer: A bid, a proposal, or a statement of qualifications.

Offeror: A person or business that has submitted a bid, a proposal, or a statement of qualifications.

Payment ordinance threshold: The amount set forth in Chapter IV, Section 12 of the Phoenix City Charter.

Price: The total amount, in money or other consideration, to be paid or charged for a good or service.

Procurement: The process of selecting, purchasing or receiving goods or services under this chapter, including detailing the specifications for the goods or services, issuing a solicitation, receiving offers or responses, evaluating offers or responses, requesting City Council to authorize awarding contracts, if appropriate, and awarding contracts.

Procurement file: The specified public records generated or collected while conducting a procurement.

Procurement Officer: An administrative officer of the City who is in possession of delegated authority from the City Manager, and is authorized to act on the City Manager’s behalf in a procurement.

Proposal: An offer submitted in response to a request for proposals.

Proposal revision: A revision or revisions of a proposal submitted by an offeror during or at the conclusion of discussions.

Reasonably susceptible offer or response: An offer or response that, based on the evaluation criteria, has a substantial chance of resulting in a contract award.

Regulations: Policies and procedures established by the City Manager to further implement the provisions of this chapter.

Related person: With respect to the offeror or respondent or any other business, any director, nominee for the director, executive, officer and his or her family members; a security holder owning directly or beneficially at least 25 percent of any class of the business’s voting securities or his or her family members.

Respondent: A person or business that submits a response to a revenue contract solicitation.

Response: A written response to a revenue contract solicitation.

Responsible: To be fully capable of meeting all of the requirements of the solicitation, including possessing the capacity, operational and financial capability, and integrity to perform as contractually required.

Responsive offer or responsive response: An offer or response that on its face satisfies all material requirements of the solicitation.

Revenue: The total amount, in money or other monetary consideration, to be remitted to the City under a revenue contract.

Revenue contract: A revenue generating contract, with or without concessions, between the City and a contractor, wherein the contractor agrees to pay the City in exchange for the right to conduct business on or from City property.

Revenue contract solicitation: A solicitation for revenue contracts, including all amendments or supplements thereto.

Services: The acts of persons or businesses that meet the needs of the City. Services may include general services, professional services and concessions.

Shall: To be obligated or bound by an imperative requirement.

Solicitation: The written document issued to commence a procurement under this chapter including all amendments or supplements thereto.

Solicitation deadline: The date and time stated in the solicitation by which offerors or respondents must submit a bid, proposal, statement of qualifications or a response.

Specifications: The description of the goods or services sought by the City.

Statement of qualifications: An offer including a written description of the offeror’s qualifications in response to a request for qualifications.

Suspension: A temporary determination to exclude an actual or prospective contractor from submitting offers or being awarded contracts for a limited period of time as designated in this chapter.

Will: To be obligated or bound by an imperative requirement. (Ord. No. G-5953, 2014)