Wyo. Code R. agency 006, Subagency 0006, app DEFINITIONS - DEFINITIONS

The following definitions are an integral part of these rules and whenever used in these rules or in any purchasing policy statement, memoranda or correspondence these terms shall be understood to have the following meanings.

1. Action. Process to follow to accomplish procedures.

2. Addendum. A supplement denoting a written change to an Invitation for Bid, Request for Proposal or Contract.

3. Addition. Used in construction context for any construction addition to any existing public structure.

4. Advertising. The solicitation of competitive sealed bids through advertising. Publication of notice of acceptance.

5. Affidavit. A written statement sworn to before a notary.

6. Agency. The division of government initiating the purchasing process.

7. Agreement. An understanding or arrangement between two or more parties.

8. Alteration. A modification.

9. Amendment. A formal statement of a change.

10. Award. To declare as legally granted.

11. Bank Money Order. An order for the payment of a specified amount of money, issued and payable at a bank.

12. Bid. A competitive price offer made by an intended seller, usually in reply to an invitation for bid. A price offer made at a public auction.

13. Bid Opening. The act of publicly removing bids from bid file, opening the bid envelopes, and making available for public inspection, the bids received.

14. Bidder. Any vendor interested in answering bid invitations for the purpose of supplying the State with the items listed on the bid invitation.

(a) Local Bidder. Bidder residing in the community of any State Agency issuing bid invitations.

(b) In State-Bidder. Bidder residing within the State of Wyoming and whose main offices and principles of the company have been in the State for a least one year.

(c) Out-of-State Bidder. Bidder living outside of the State of Wyoming and whose main offices and principles reside outside the State. Agents in the State for a company whose main offices and principles reside outside of the State DO NOT qualify that company as an in-state Bidder

15. Bond. A bond executed in connection with a contract and which secures the performance and fulfillment of all the undertakings, covenants, terms, conditions, and agreements contained in the contract.

16. Brand Name Product. A product whose manufacturer is identified on the product, or on the package.

17. Certificate of Deposit. A certificate from a bank stating the named person has a specified sum on deposit.

18. Certified Check. A check drawn on a bank and accepted by it.

19. Commodity. Articles supplied to agencies distinguishable from goods or services or a quantity of goods.

20. Competitive Bidding. The offer of firm bids by individuals of firms competing for a contract, privilege or right to supply specified services or merchandise.

21. Confirming Order. A purchase order restating the same terms originally placed orally.

22. Conservation. Preservation from loss, waste or harm.

23. Construction. The building of a Public Structure.

24. Consultant. A vendor hired by an agency for the purpose of providing consulting services.

25. Contract. A written agreement entered into by a vendor and the State whereby the vendor agrees to supply to the State supplies, materials, labor, equipment, commodities or services under agreed upon conditions and terms

26. Contract Date. The date when a contract is accepted by all parties thereto.

27. Contract Number. A number assigned to Purchase Order-Contracts by the Division for reference of subsequent payments under the contract. The number also serves as a reference for future discussions.

28. Contractor.

(1) any one of the parties to a contract;

(2) one who contracts to perform work of furnishing materials in accordance with a contract.

29. Cost Plus. The pricing system permitting the seller to charge whatever his costs may be plus a fixed percentage of that cost.

30. Covering Letter. A letter sent with a package, another letter, etc; as an explanation or introduction.

31. Credit Note. The method of righting an overcharge, paying a trading rebate or for meeting value of goods or package returned.

32. A&I. Administration and Information.

33. Delivery Time. A time, agreed upon by the vendor, agency and the Division that the vendor will supply items called for by the Purchase Order or Purchase Order Contract.

34. Discount. Vendor's deduction from the selling price, usually upon some cost reducing condition such as prompt payment.

35. Emergency Order. Purchase of materials or services urgently needed.

36. Economic Life. The projected or anticipated useful life of a major facility as expressed by terms of years.

37. Encumbering. Obligates money for a specific use. Once expenditures are encumbered, they cannot be used for any other purpose.

38. Energy Consumption Analysis. The evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components, and the external energy load imposed on a major facility by the climatic conditions of its location.

39. Energy Efficient. Acting or producing effectively with a minimum of waste expense.

40. Energy Systems. All utilities, but not limited to heating, air conditioning, ventilating, lighting and the supplying of domestic hot water.

41. Escalation. The amount of adjustment permitted by an escalator clause.

42. Escalator Clause. A contract clause generally permitting a change upward, or downward, in case certain events transpire.

43. Excise Tax. A tax imposed on the manufacture, sale or consumption of product.

44. Expenditure. The actual spending of funds.

45. Fair Market Value. The value of an item as determined by negotiation between buyers and sellers and which value would be acceptable as a basis of a purchase and sale.

46. Firm Offer. A definite proposal to enter into a sales contract.

47. F.O.B Point. F.O.B. means Free on Board and indicates that during shipment of goods, by the vendor to the agency, the items are shipped free of cost to the agency to the point indicated on the Purchase Order or Purchase Order Contract.

48. Forms. Universally used documents with blanks for the insertion of details or information.

49. Furniture. Movable articles in a room that render it fit for working; the necessary equipment.

50. Goods or Services. Items that are being purchased by a Purchase Order or Purchase Order Contract.

51. Initial Cost. The monies required for the capital construction or renovation of a major facility. Original price paid.

52. Invitation for Bids. Solicitation of prospective suppliers by a purchaser requesting competitive price quotations.

53. Lease. A contract conveying from one person to another real estate or property for a term in quotations.

54. Letter of Intent. See Notice of Award.

55. License. A certificate granting permission to do a specific act or acts.

56. Life Cycle Cost. The cost of a major facility including its initial cost, the cost of the energy consumed over its economic life and the energy consumption related cost of its operation and maintenance.

57. Liquidated Damages. A sum agreed upon between the parties to a contract, to be paid as ascertained damages by that party who breaches the contract.

58. List Price. The price published in a catalog or other means of publication.

59. Major Facility. Any publicly owned or leased building having twenty-five thousand (25,000) square feet or more of usable floor space.

60. Materials. Items necessary to complete the specifications called for in construction contracts.

61. Merchandise. Various goods purchased as inventory for the Warehouse and used for resale by the Warehouse to various state agencies.

62. Mutual Assent. In every contract each party must agree to the same thing. Each must know what the other intends; they must mutually assent to be in agreement

63. Negotiation. Conference with a view of reaching agreement.

64. Net Price. Price after all discounts, rebates, etc. have been allowed.

65. Non-negotiated. Purchase or contract without use of conference to reach an agreement.

66. Notice of Award. A preliminary quasi-contractual arrangement by letter customarily used in circumstances where the items, quantities, price and delivery dates are known, but where the principal contract provisions may require additional time-consuming negotiations. Used to enter into interim agreements, pending a definitive contract production, or delivery of the supplies materials or services.

67. Notary. A public officer authorized to administer oaths by way of affidavits and depositions; also to attest to deeds and other formal paper in order that such papers may be used as evidence and be qualified for recording.

68. Offer. To bid, to present for approval.

69. Open Competition. Competition among vendors, on an equal basis, for the award of bid invitations.

70. Order. An instruction issued to a supplier for goods to be delivered at a price.

71. Partial Payment. The payment authorized in a contract upon delivery of one or more complete units called for under the contract, or upon completion of one or more distinct items or service called for there under.

72. Penalty Clause. A clause in a contract specifying the sum of money to be paid if the contractor defaults on the terms of his contract particularly in respect to time.

73. Performance Record. Record to indicate a supplier's ability to keep delivery promises and reliability, together with a consistency of quality of the product.

74. Policy. Statements of regulations governing the processes for procurement of supplies, materials, labor, commodities or services for use by State agencies.

75. Prepaid. A term denoting that transportation charges have been or are to be paid at the point of shipment.

76. Prevailing Wage. Wages paid in the locality in which the public works are being performed, to workman engaged in work of a similar character

77. Price. The amount paid or to be paid for the articles furnished by the seller.

78. Price Adjustment Clause. A clause in a contract allowing for adjustment in price up and/or down in accordance with circumstances arising during the term of the contract due to variances in wages, cost of living, etc.

79. Price Schedule. The list of prices applying to varying quantities or kinds of goods.

80. Procurement Policy. Course of action adopted in the buying of materials and services.

81. Progress Payments. Payments arranged in connection with purchase transactions requiring periodic payment in advance of delivery for certain statical amounts or for certain percentages of the purchase price

82. Proprietary Article. An item made and marketed by a person or persons having the exclusive right to manufacture and sell it.

83. Public Structure. Any structure owned by the State of Wyoming.

84. Purchase Order Number. A number issued by the Division for the purpose of referencing all Purchase Order-Vouchers sent to vendors authorizing the vendor to supply items authorizing payments to be made to the vendor from the Office of the Auditor.

85. Purchasing Technique. The manner or method by which purchases are made.

86. Quality. That which fits a product to a given use.

87. Quantity. Amount or number.

88. Quotation. A sales proposal including price, sales terms, and conditions. A price statement as an offer. A bid.

89. Recycled. To reuse waste material.

90. Renovation. Revision to a major facility which will affect any energy system.

91. Resource Conservation and Recovery Act. A public law requiring the consideration of recycled content in the purchase of goods or materials.

92. Repair. Used in construction context for any repair to any public structure.

93. Request for Proposal. A procurement technique used to obtain pricing in a competitive environment.

94. Requirement. Materials, personnel or services needed for a specified period.

95. Requisition. An internal document by which an agency sends to the Division details of materials or services to meet its needs.

96. Responsibility. The governmental unit or vendor whose duty it is to take action to see that procedure processes are accomplished.

97. Sales Tax. Levy upon a vendor's sale by an authorized level of government.

98. Service. The supplier's ability to comply with promised delivery date specifications and technical assistance

99. Sole Source. See Proprietary Article.

100. Specifications. A statement containing a detailed description or enumeration of particulars, as of the terms of a contract, etc.

101. Standard Contract. Standardized form of terms and conditions of contract.

102. Subcontractor. A person who takes a portion of a contract from the principal contractor.

103. Supplier. Furnisher.

104. Supplies. Items provided to agencies by vendors to aid in accomplishing their daily work activities. Also, supplies are used by contractors to complete construction contracts.

105. Supply. Furnishing or providing of what is needed to sustain an organization.

106. Terms. Requirements established by vendors to the agencies for payments of Purchase Orders and Purchase Contract.

107. Terms of Contract. Stipulations made in contracts.

108. Terms of Payment. The methods of payment under a sales contract.

109. Trade Discount. A reduction from list price predicated upon the position of the buyer in the distribution channel.

110. Trade-In. A piece of merchandise accepted as partial payment for a new purchase.

111. Use Tax. A tax imposed upon the user of goods.

112. Value. Intrinsic worth.

113. Value Analysis. The investigation of the performance of a material or a component in terms of its function and its costs.

114. Value Change Proposal. A formal cost reduction or efficiency proposal submitted by a contractor to the state for approval or disapproval.

115. Value Incentive Clause. A clause used in Invitations for Bid to allow a contractor the opportunity to submit a Value Change Proposal.

116. Vendor. Commercial enterprises that furnish the agencies supplies, labor, materials, equipment, commodities or services.

117. Wage Survey. A semi-annual investigation conducted by the Division to ascertain prevailing wage.

118. Waiver. Dispense with.

119. Warrant. The check issued by the Office of the Auditor to pay debts incurred by the State of Wyoming.

120. WOLFS. Wyoming Online Financial System.

Notes

Wyo. Code R. agency 006, Subagency 0006, app DEFINITIONS

Effective 8/31/2011