(a) “Architectural and engineering services” means professional services of an architectural or engineering nature; or required to be performed or approved by a person licensed, registered, or certified to provide such services; or related to research, planning, development, design, construction, alteration, or repair of real property; or incidental services which such individuals perform, including studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

(b) “Bidders list” means the list of sources of supply for each category of goods and supplies, services, or construction purchased by WSSC.

(c) “Bidding time” means the period of time between the date of distribution of the invitation for bids and the time and date set for receipt of bids.

(d) “Bridge contract” means a WSSC contract that piggybacks on terms and prices of contracts or portions of contracts from another public purchasing agency.

(e) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

(f) “Bylaws” means those updated Bylaws, Rules, and Regulations (WSSC Chapter 1.15) adopted by the Commission pursuant to Resolution No. 2010-1866, dated February 17, 2010, and effective March 17, 2010, as amended.

(g) “Capability” means capability at the time of award of the contract.

(h) “Change order” means a unilateral written order signed by the Chief Procurement Officer or designee, directing the contractor to make changes without the consent of the contractor. The Chief Procurement Officer will not normally be precluded from seeking the consent of a contractor to a change order.

(i) “Chief Procurement Officer” means the person holding the position created in WSSC 6.15.080, as the head of the central procurement and supply chain management function of WSSC.

(j) “Commission” means the Washington Suburban Sanitary Commission (WSSC).

(k) “Construction” means the process of building, altering, repairing, improving, or demolishing any public facility, including any public structure, public building, pipelines, plants, infrastructure, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public facility, including structures, buildings, plants, pipelines, infrastructure, or real property.

(l) “Contract” means all types of WSSC agreements for the procurement or disposal of goods and supplies, services, professional services, architectural and engineering services, or construction, regardless of what they may be called.

(m) “Contract amendment” means any revision or alteration of the specific contract or its conditions whether it is a mutually agreed upon bilateral contract modification or a unilateral change order.

(n) “Contract Manager” means certain employees of a WSSC using department and so designated by the head of the using department and acceptable to the Chief Procurement Officer, possessing required qualifications and training, who are assigned to assist the using department and the Office of the Chief Procurement Officer in the monitoring and administration of contracts.

(o) “Contract modification” means any bilateral written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action and consent of the parties to the contract.

(p) “Contracting Officer” means the Chief Procurement Officer, or person delegated by the Chief Procurement Officer, to enter into contracts.

(q) “Contracting Officer’s representative” means a WSSC employee nominated by the head of the using department to which they belong, possessing specified training and qualifications, and so designated by the Chief Procurement Officer, to engage in such duties as monitoring and administering certain contracts, assisting in the evaluation and award of certain contracts, reporting on contract requirements and performance, and authorized to discuss certain contract matters with contractors.

(r) “Contractor” means any person having a contract with WSSC.

(s) “Cost-reimbursement contract” means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any.

(t) “Data” means recorded qualitative or quantitative information, regardless of form, that can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

(u) “Days” means calendar days. In computing any period of time prescribed by this chapter, the first day shall not be counted, but the last day shall be counted. If the last day falls on a Saturday or Sunday, the party shall have the following Monday as the applicable time period. When the last day falls on a holiday observed by WSSC, the party shall have the next business day as the applicable time period.

(v) “Design-bid-build” means a project delivery method in which WSSC sequentially awards separate contracts, the first for architectural and engineering services to design the project and the second for construction of the project according to the design.

(w) “Design-build” means a project delivery method in which WSSC enters into a single contract for design and construction of an infrastructure facility.

(x) “Design-build contract” means a contract that provides for both architectural and engineering design services and construction services as a part of a single contract.

(y) “Design-builder” means a person who has been awarded a contract with WSSC for the design and construction (or alteration, repair, improvement, or demolition) of any infrastructure facility using the design-build project delivery method.

(z) “Design requirements” means the written description of the infrastructure facility or service to be procured under this chapter, including: required features, functions, characteristics, qualities, and properties that are required by WSSC; the anticipated schedule, including start, duration, and completion; and estimated budgets (as applicable to the specific procurement) for design, construction, operation, and maintenance. The design requirements may, but need not, include drawings and other documents illustrating the scale and relationship of the features, functions, and characteristics of the project.

(aa) “Designee” means a duly authorized representative of a person.

(bb) “Designer” means a person who has been awarded a contract with WSSC for the design (or alteration, repair, improvement, or demolition) of any infrastructure facility.

(cc) “Discussions,” as used in the source selection process, means an exchange of information or other manner of negotiation during which the offeror and WSSC may alter or otherwise change the conditions, terms, and price of the proposed contract.

(dd) “Electronic” means electrical, digital, magnetic, optical, electromagnetic or any other similar technology.

(ee) “Employee” means an individual receiving a salary from WSSC except for WSSC Commissioners.

(ff) “Engineer” means the WSSC engineer assigned to a contract.

(gg) “Evaluated bid price” means the price of a bid after adjustment in accordance with objective measurable criteria.

(hh) “Facilities construction contract” means a contract that provides services for the construction of infrastructure facilities.

(ii) “General Manager/Chief Executive Officer” means the most senior manager in the WSSC organization chart, who is referred to as “General Manager” in the Public Utilities Article, Title 18, Annotated Code of Maryland, and in certain WSSC standard procedures and other official WSSC documents, and any successor position thereto irrespective of name.

(jj) “Goods” means all supplies, equipment, materials, and all tangible personal property, excluding real property.

(kk) “Governmental body” means any unit that is part of a federal, state, county, or municipal government, including regional entities and public utilities such as WSSC.

(ll) “Independent peer reviewer” means a person who has been awarded a contract with WSSC for an independent, contemporaneous review of the design services provided to WSSC by another designer.

(mm) “Independent peer reviewer services” means additional architectural and engineering services provided to WSSC for any contract. The function of the independent peer reviewer is to confirm that the key elements of the professional engineering and architectural design provided by the designer or design-builder are in conformance with any applicable standards.

(nn) “Infrastructure facilities” means any structure, building, pipelines, plants, infrastructure, or other improvements of any kind to real property.

(oo) “Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

(pp) “Invitation for prequalification” means all documents, whether attached or incorporated by reference, utilized for prequalifying potential bidders.

(qq) “Legal authorities” shall mean:

(rr) “May” denotes the permissive.

(ss) “Minority business enterprise (MBE)” shall have the meaning set forth in WSSC Chapters 6.30 and 6.35 and any successor standard procedures thereto.

(tt) “Objective measurable criteria” means standards that enable WSSC to compare the economy, effectiveness, or value of the subject of the bids.

(uu) “Operations and maintenance” means a project delivery method whereby the Procurement Office enters into a single contract for the routine operation, routine repair, and routine maintenance of an infrastructure facility or at specific types of equipment located in one or more infrastructure facilities.

(vv) “Operator” means a person who has been awarded, through competitive sealed bidding, a separate contract with WSSC for the routine operation, routine repair, and routine maintenance of any infrastructure facility.

(ww) “Person” means any business, individual, union, committee, club, other organization, or group of individuals.

(xx) “Prequalification” means that the bidder or offeror has completed a formal process whereby the capacity, skills, personnel, and ability to undertake certain tasks or provide certain services was demonstrated to the Office of Chief Procurement Officer and certain using departments.

(yy) “Procurement” means buying, purchasing, renting, leasing, or otherwise acquiring any goods and supply services related to those goods and supplies, and any kind of professional services, including consultants, architectural and engineering services, or construction. It also includes all functions under the Chief Procurement Officer, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(zz) “Procurement Officer” means any WSSC employee duly authorized to enter into and administer contracts and make written determinations with respect thereto.

(aaa) “Proposal development documents” means drawings and other design related documents that are sufficient to describe the size and character of an infrastructure facility as to architectural, structural, mechanical, and electrical systems; materials; and such other elements as may be appropriate to the applicable project delivery method.

(bbb) “Public notice” means the distribution or dissemination of information to interested parties using methods that are reasonably available, including newspapers, electronic or paper mailing, and websites.

(ccc) “Purchase description” means the words used in a solicitation to describe the goods and supplies, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation.

(ddd) “Regulations” means the procurement regulations codified in this chapter except where the context indicates otherwise (see, e.g., Article III of this chapter) in which case “regulations” shall have the meaning set forth in the State Government Article, § 10-101(g), Annotated Code of Maryland.

(eee) “Request for proposals” means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

(fff) “Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the requirements stated in the invitation for bids and request for proposals, respectively, and the integrity and reliability which will assure good faith performance. Bidders respond to invitations for bids. Offerors respond to requests for proposals.

(ggg) “Responsive bidder or offeror” means a person who has submitted a bid or a proposal which fully conforms to the invitation for bids or request for proposals.

(hhh) “Services” means the furnishing of labor, time, or effort not involving the delivery of a tangible material product other than reports which are merely incidental to the required performance. This term excludes employment agreements and collective bargaining agreements, but includes without limitation consulting, personal, professional, technical, and advisory services.

(iii) “Shall” denotes the imperative.

(jjj) “Signature” may be either physical or electronic.

(kkk) “Small, local and minority business enterprise (SLMBE)” shall have the meaning set forth in WSSC Chapters 6.30 and 6.35 and any successor standard procedures thereto.

(lll) “Small, Local and Minority Business Enterprise Office/Supplier Diversity Office” is the office responsible for planning, managing, coordinating, and monitoring the Commission’s minority business enterprise program, in accordance with state law (hereinafter “SLMBE Office/Supplier Diversity Office”).

(mmm) “Solicitation” means an invitation for bids, a request for proposals, a request for quotations, an invitation for qualification, or any other document issued by WSSC for the purpose of soliciting bids or proposals to perform a WSSC contract.

(nnn) “Supplier” means any firm or individual or entity (public or private) which provides to WSSC goods and supplies, services, professional services, architectural and engineering services, or construction.

(ooo) “Supplies” means all property, including but not limited to, equipment, raw materials, and finished products.

(ppp) “Time-and-material contract” means a contract providing for the acquisition of services or materials on the basis of (1) direct labor hours at specified fixed hourly rates that include wages; overhead, general, and administrative expenses; and profit and (2) materials at cost.

(qqq) “Unsolicited offer” means any offer other than one submitted in response to a solicitation.

(rrr) “Using department” means any team, department, office or designated unit within WSSC that utilizes any goods and supplies, services, professional services, architectural and engineering services, or construction procured under this chapter. (Procurement regulations § 1-201, dated August 1, 2012)