§ 2-13-030. Definitions.

As used in the city purchasing ordinance:

Architectural services means services related to the art and science of designing and building structures for human habitation or use and includes planning, providing preliminary studies, designs, specifications, working drawings and providing for general administration of construction contracts.

Award means the issuance of a purchase order or other indication of the acceptance of an offer and the creation of a contract.

Business means a seller of goods and/or services and/or a provider of construction services and materials. This term may refer to an individual, partnership, corporation, trust or other legal entity and does not include the subsidiaries, affiliates, parent companies, shareholders or principals thereof.

Capital project means a construction or public works project for a user, including the public works department.

Catalogue price means the price of items of tangible personal property in the most current catalogue, price list, schedule or other form that:

A.

Is regularly maintained by the manufacturer or vendor of an item; and

B.

Is either published or otherwise available for inspection by a customer.

Change order means a written order signed and issued by an appropriate officer after execution of the contract, directing the contractor to make a change within the general scope of the contract, consisting of additions, deletions or other like revisions which the change clause of the contract authorizes the appropriate officer to order with or without the consent of the contractor.

City purchasing officer or city purchasing manager means that person charged with the responsibility of administering the central purchasing office.

Competitive solicitation means a request to businesses to respond to contractual requirements established by the central purchasing office for the purchase, sale, lease, rental of goods, services or construction, or other transactions, by submitting an offer. A competitive solicitation may take the form of an invitation for bids (IFB), a request for quotes (RFQ) or other procurement methodology established by the city purchasing manager.

Construction means the building, alteration, repair, improvement, installation, or demolition of any public structure, building, pipeline, street, bridge, or other public improvement of any kind on public real property. Construction does not include routine repair or maintenance of public buildings or other public structures.

Contract means any agreement for the procurement of goods, services or construction.

Contractor means any business having a contract with the city.

Cooperative procurement means procurement conducted by or on behalf of more than one agency or local public body, even though one or more of the contracting parties may be located outside the state.

Electronic includes electric, digital, magnetic, optical, electronic or similar medium.

Engineering services means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, engineering studies and the review of construction for the purpose of assuring substantial compliance with drawings and specifications; any of which embrace such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, chemical, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. Such practice includes the performance of architectural work incidental to the practice of engineering. "Engineering services" does not include responsibility for the superintendence of construction, site conditions, operations, equipment, personnel or the maintenance of safety in the work place.

Federal agency means any department, division, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of the United States.

Goods means items of tangible personal property furnished for the use or benefit of users.

Landscape architectural services means services including but not limited to consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and administration of contracts where the dominant purposes of such services are:

A.

The preservation or enhancement of land uses and natural features;

B.

The location and construction of functional approaches for structures, pathways or walkways; or

C.

The design of trails, plantings and landscape irrigation. Excluded from the provisions of this section are the services of architects, engineers and surveyors as defined in the city ordinance.

Local public body means the City of Alamogordo.

Local public works project means a project of a local public body which uses architectural or engineering services, requiring professional services costing fifty thousand dollars ($50,000.00) or more, or landscape architectural or surveying services requiring professional services costing ten thousand dollars ($10,000.00) or more, excluding applicable state and local gross receipts taxes.

Offer means a business's response to a competitive solicitation and includes quotes, bids, proposals, or other requested responses.

Offeror means a business that submits a response to a competitive solicitation.

Professional/technical services means those services performed by or under the direction of a licensed professional, other professional technician, or other person with technical training, where quality is deemed by the city manager or his designee to be more important than price, or where the service is not susceptible to physical or mathematical measurement.

Public governmental agency means any federal agency, state agency, local public body or any department, division, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative, or judicial branch of any state of the United States.

Purchasing means the buying, renting, leasing, lease-purchasing or otherwise obtaining of any goods, services, or construction. It includes all functions that pertain to any city purchases, including, but not limited to, the preparation of specifications, solicitation and selection of sources, preparation and award of contracts, and may include contract administration.

Responsible offeror means a business which has the capability in all respects to perform fully the contract requirements set out in the competitive solicitation, and the integrity and reliability which will assure good faith performance, and which has not violated or attempted to violate any provision of law or ethical conduct. Factors which may be considered in determining the offeror's capability to perform, among others, are its financial resources, production or service facilities, service reputation, and experience.

Responsive offer means a written and/or oral offer to furnish goods, services or construction in conformity with standards, specifications, delivery terms and conditions, and all other requirements established in a competitive solicitation.

Services means labor, time or effort furnished for the benefit of users; and does not include the services of city employees.

Solicitation means a request to submit offers which contain the requirements established for the purchase, sale, lease, rental or other transaction of goods, services or construction; and includes requests for bids, requests for quotations, requests for proposals, or other procurement methodologies established by the city purchasing officer or authorized by the commission.

State agency means any department, division, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution, legislative body, agency, government corporation, educational institution, or official of the executive, legislative, or judicial branch of the government of the state.

State purchasing contracts means, but is not limited to, contracts entered into by the purchasing division of the general services department of the state and the state purchasing agent, professional services contracts and contracts for election supplies entered into by the New Mexico secretary of state, and state highway department contracts.

Surveying services means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for:

A.

The measuring and locating of lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose of defining location, areas and volume;

B.

The monumenting of property boundaries and the platting and layout of lands and subdivisions thereof;

C.

The application of photogrammetric methods used to derive topographic and other data;

D.

The establishment of horizontal and vertical controls for surveys for design, topographic surveys including photogrammetric methods, construction surveys for engineering and architectural public works; and

E.

The preparation and perpetuation of maps, records, plats, field notes and property descriptions.

Tangible personal property means tangible property other than real property having a physical existence, including but not limited to supplies, equipment, materials and printed materials.

User means a city department or unit for which goods, services, or construction are purchased.

(Ord. No. 1185, § 3, 6-22-04; Ord. No. 1217, 8-24-04; Ord. No. 1273, § 1, 6-13-06; Ord. No. 1304, § 1, 7-24-07)