12.0
DEFINITIONS

The terms defined in this section shall have the following meanings whenever they
appear in these rules, unless the context in which they are used clearly requires a
different meaning or a different definition is prescribed for a particular section or portion
thereof.

Acceptable, with regard to a bid or proposal, means an offer submitted by any person in
response to a solicitation issued by the University that is in compliance with the
solicitation terms and conditions and within the requirements of the specifications
described and required therein.

Adequate competition exists if a documented quote, competitive sealed bid or
competitive sealed proposal has been conducted and at least two responsible and
responsive offerors have independently competed to provide the University’s needed
goods or services. If the foregoing conditions are met, price competition shall be
presumed to be "adequate" unless the purchasing agent determines, in writing, that such
competition is not adequate.

Advantageous means an assessment of what is in the University's best interests.

An After-the-Fact (“ATF”) purchase occurs when a department makes a purchase for
more than $5,000 before the Office of Business Operations issues a purchase order or
change order. For example, authorizing a vendor to begin work before the Office of
Business Operations issues a purchase order or change order, even though the
department has submitted a purchase requisition, is an ATF. Similarly, obtaining goods or
services on credit and subsequently submitting the invoice with a payment voucher is an
ATF unless it is a purchase specifically allowed to be paid by payment voucher as set
forth on the voucher document.

Alternative means a choice of a different good or service that meets or exceeds the
functional requirements of the base bid.

Award means the acceptance of a bid or proposal by issuance of a purchase order or
change order and may include the execution of a written agreement to cover performance
by the vendor.

Base Bid means the minimum functional requirements of the good or service.

Best value means the lowest overall cost to the University after taking into consideration
costs, benefits, and savings.

Bid means a response from a vendor to an invitation for a bid (IFB).

Brand name specification means a specification limited to one or more goods or
services by manufacturer's names or catalogue numbers.

Brand name or equal specification means a specification that uses one or more
Manufacturer’s names or catalogue numbers to describe the standard of quality,
performance, and/or other characteristics needed to meet University requirements, and
which provides for the submission of equivalent goods or services.
Page 33 of 38

v.10/1/2016



Business means any corporation, limited liability company, partnership, individual, sole
proprietorship, joint-stock company, joint venture, or other private legal entity.

Change order means a document that sets out changes to a previously issued purchase
order. A change order provides authorization to a vendor to add to or change the original
order for goods or services, as well as, documents any change in the cost of goods or
services.

Competitive negotiation means the process of discussion and issue resolution between
a purchasing agent and a prospective vendor in order to arrange for the providing of a
good or service needed by the University. If more than one vendor is available for such
negotiation, the needs of the University must be clearly defined in advance of any
negotiations, via a specification that details fully the University's intended procurement.

Competitive reverse auction means a computer aided bidding process through which a
pre-established group of vendors may post bids for a defined period of time and may
change their bids as desired during the bidding period.

Contract means any type of University agreement, regardless of what it may be called,
for the procurement or disposal of goods or services, and includes purchase orders or
change orders.

Contractor means any entity that has a contractual relationship with the University for
the
provision of goods or services as allowed for under these rules.

Construction means the process of building, altering, repairing, improving, or
demolishing any public structure or building or any other public improvements of any kind
to any public real property. For the purposes of this code, "construction" includes capital
construction and controlled maintenance, as defined in C.R.S. § 24-30-1301.

Cost-reimbursement contract means a contract under which a contractor is reimbursed
for costs that are allowable and allocable in accordance with the contract terms.

C.R.S. means Colorado Revised Statutes.

Determination means a written procurement decision made by the Assistant Vice
President of Business Operations, or his or her delegee, which is based on sufficient
facts, circumstances and reasoning to substantiate the decision. Each determination shall
be filed in the appropriate Procurement Department file.

Documented quote (“DQ”) means a process of soliciting informally for fulfilling the
University's need for specific goods or services and receiving and evaluating vendor
responses. The dollar limits for use of documented quotations shall be as stated in the
section on small purchases and shall be conducted only by a purchasing agent.

Enhancement means components, services, or products that exceed the minimum
functional requirements and would improve the quality of the goods or services being
procured by the University.

Page 34 of 38

v.10/1/2016


Field purchase orders (“FPO”) Pre-printed purchase orders not to exceed $1,000.00
that may be obtained from Shipping and Receiving.

Good means all property, whether tangible or intangible, provided by a contractor. The
term does not include land, the purchase of an interest in land, water or mineral rights,
workers’ compensation insurance, or benefit insurance for University employees.

Hub zone (“HZ”) means any business in a historically underutilized zone as defined by
the United States Government Small Business Administration.

In-state business means:
A.
A business that is authorized to transact business in Colorado and that
maintains its principle place of business in Colorado; or
B.
A business that is authorized to transact business in Colorado, that
maintains a place of business in Colorado, and that has filed Colorado
unemployment compensation reports in at least seventy-five percent of the
eight (8) quarters immediately before bidding on a solicitation.

Invitation for bid (“IFB”) means all documents, including those attached or incorporated
by reference, utilized by the University for soliciting bids.

Local business means any business located within ten (10) miles of the Colorado
School of Mines campus or that is a member of the Golden Chamber of Commerce or
that has an office within the City of Golden.

Minority business (“MBE”) means any business that is at least 51% minority owned or
otherwise meets the U.S. Small Business Administration definition of a minority business
and self certifies, is certified by the National Minority Business Council, or is certified by
any Minority Chamber of Commerce or any entity of the federal government.

Option means choices of additional components, services, or goods that would serve to
provide increased value to the University beyond the base bid.

Practicable means what may be accomplished or put into practical application;
reasonably possible.

Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any
goods or services. Procurement includes all functions that pertain to the obtaining of any
goods or services; including description of requirements, selection and solicitation of
sources, preparation and award of contract, and all phases of contract administration.

Procurement Card means a form of company credit card that allows goods and some
services to be purchased and paid for without the need for an encumbrance (i.e.,
Purchase Order) being created and is designed to help the University maintain control of
small purchases while reducing the administrative costs. Such cards are traditionally
used by companies to replace paper invoices. The University has four different company
credit cards, the P-Card, the OneCard, the Event Card, and the Ghost Card (used by the
University travel agent to pay for airfare).

Procurement Services means staff that has formal delegated authority to execute
contracts on behalf of the University. Procurement Services provides rapid analyses of
Page 35 of 38

v.10/1/2016


the University’s spend and implements changes, negotiate with suppliers, and uses
University’s best practices.

Proposal means a response from a vendor to an RFP.

Protestor means any actual or prospective bidder or proposer who is aggrieved in
connection with the solicitation or the award of a contract and who files a protest.

Public entity means a state agency or institution of higher education or political
subdivision of the State of Colorado, or of another state, the federal government or any
combination thereof.

Purchase order means a document authorizing a vendor to deliver goods or services to
the University, with payment to be made at a later date. A purchase order is an offer from
the University to buy certain goods or services. The offer is accepted by the vendor when
the requested goods or services are delivered.

Purchasing agent means one of the University’s employees in the Office of Business
Operations with delegated purchasing authority from the Assistant Vice President of
Business Operations.

Qualified products list means an approved list of goods or services described by model
or catalogue numbers, which prior to competitive solicitation, the University has
determined will meet the applicable specification requirements.

Quote means a response from a vendor to a DQ.

Request for proposal (“RFP”) means all documents, including those attached or
incorporated by reference, utilized by the University for soliciting proposals. RFPs are the
commonly used name for competitive sealed proposals.

Resale means goods that will be purchased by a department and resold as-is. In the
case of food, items that are bought and re-sold without being altered are resale items;
items that are cut up, cooked, or otherwise processed before being re-sold are not resale
items.

Responsible means a business that has the capability in all respects to perform fully the
contract requirements, and the integrity and reliability that will assure good faith
performance.

Responsive means an offer, with regard to a bid or proposal, that conforms in all
material respects to the requirements contained in the solicitation.

Revenue-producing means a situation where a business pays money to the University
as a result of any activity carried on by the business with the permission or agreement of
the University. Situations that may be revenue producing will be evaluated by the
Assistant Vice President of Business Operations on a case-by-case basis, and, if
approved as revenue producing, will be documented in a written determination.



Page 36 of 38

v.10/1/2016


Sealed means that the bid or proposal must be submitted in a manner that:
A.
Ensures that the contents of the bid or proposal cannot be opened or
viewed before the formal opening without leaving evidence that the
document has been opened or viewed;
B.
Ensures that the document cannot be changed, once received by the
University, without leaving evidence that the document has been changed;
C.
Bears a physical or electronic signature evincing intent by the bidder or
proposer to be bound. An electronic signature must comply with the
definitions and requirements set forth in the government electronic
transactions act, C.R.S. § 24-71.1-101 et seq. and its implementing rules;
and,
D.
Records, manually or electronically, the date and time the University
receives the bid or proposal and that cannot be altered without leaving
evidence of the alteration.

Services means the furnishing of labor, time, or effort by a contractor not involving the
delivery of a specific end product other than reports which are merely incidental to the
required performance.

Sole source procurement means a procurement made without competition, when
competition is otherwise required.

Solicitation means a request to the business community to respond to a documented
quote, invitation for bid, or request for proposal.

Specification means any description of the nature of a good or Service, or of the
physical or functional characteristics of a good or service. It may include a description of
any requirement for inspecting, testing, or preparing a good or service for delivery.

Split purchase means a procurement made of a single good or service or group of
goods or services where the procurement exceeds the cardholder’s single transaction
limit or the procurement card purchase limit and the cardholder instructed the vendor to
divide up the payments into smaller amounts, or the payment was divided among several
different procurement cards, or the procurement was requisitioned into smaller individual
orders in one day or over several days, for the sole purpose of circumventing the
cardholder’s single purchase limit or procurement card purchase limit.

Women owned business (“WBE”) means any business that is 51% women owned or
otherwise meets the U.S. Small Business Administration definition of a women owned
business and self certifies in accordance with the rules of the State of Colorado or is
certified by the Women’s Business Enterprise National Council or by any agency of the
federal government.
Page 37 of 38

v.10/1/2016