Legal Documents of Baneberry

When used in the context of this chapter and in the authorization of the purchase order, contractual agreements, invitations to bid, or other pertinent documents, the words, conditions and phrases below shall have the following meanings:

1. "Accept." To receive with approval or satisfaction.
2. "Acknowledgment." Written confirmation from the vendor to the purchaser of an order implying obligation or incurring responsibility.
3. "Agreement." A coming together in opinion or determination; understanding and agreement between two (2) or more parties.
4. " All or none." Baneberry reserves the right to award each item or to award all items on an "all or none basis."
5. "Annual." Recurring, done or performed every year.
6. "Appropriations." Public funds set aside for a specific purpose.
7. "Approved." To be satisfied with; admit the propriety or excellence of; to be pleased with; to conform; to ratify.
8. "Approved equal." Alike; uniform; on the same plane or level with respect to efficiency, worth, value, amount, or rights.
9. "Attest." To certify to the verity of a public document formally by signature; to affirm to be true or genuine.
10. "Award." The presentation of a contract to a vendor; to grant; to enter into with all required legal formalities.
11. "Awarded bidder." Any individual, company, firm, corporation, partnership, or other organization to whom an award is made by the city.
12. "Back order." The portion of a customer's order undelivered due to temporary unavailability of a particular product or material.
13. "Bid." A vendor's response to an invitation for bids; the information concerning the price or cost of materials or services offered by a vendor.
14. "Bid bond." An insurance agreement in which a third party agrees to be liable to pay a certain amount of money should a specific vendor's bid be accepted and the vendor fails to sign the contract as bid.
15. "Bid file." A folder containing all of the documentation concerning a particular bid. This documentation includes: the names of all vendors to whom the invitation to bid was mailed, the responses of the vendors, the bid tabulations form and any other information as may be necessary.
16. "Bid opening." The opening and reading of the bids, conducted at the time and place specified in the invitation for bids and in the presence of anyone who wishes to attend.
17. "Bid solicitation." Invitations for bids.
18. "Bidder." Any individual, company, firm, corporation, partnership or other organization or entity bidding on solicitations issued by the purchasing agent and offering to enter into contracts with the city. The term "bidder" as used throughout this chapter shall be construed to mean "offeror" where appropriate.
19. "Blanket bid (order)." A type of bid used by buyers to purchase repetitive products. The city establishes its need of a product for a specified time. The vendor is then informed of the city's expected usage duration of the contract. The city will order small quantities of these items from the vendor over the life of the contract.
20. "Business." Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or legal entity through which business is conducted.
21. "Cancel." To revoke a contract or bid.
22. "Capital items." Equipment which is tangible; has an expected lifespan of one (1) year or longer; and a value (usually) in excess of one thousand dollars ($1,000.00).
23. "Cash discount ." A discount from the purchase price allowed to the purchaser, if payment is made within a specified time.
24. "Caveat emptor." Let the buyer beware; used in proposals or contracts to caution a buyer to avoid misrepresentation.
25. "Certify." To testify in writing; to make known or establish as a fact.
26. "City." Baneberry, Tennessee.
27. "Competitive bidding." Bidding on the same undertaking or material items by more than one (1) vendor.
28. "Conspicuously." To be prominent or obvious; located, positioned, or designed to be noticed.
29. "Construction." The building, alteration, demolition or repair (including, but not limited to, dredging, excavating and painting) of public buildings, structures and highways, and other improvements or additions to real property.
30. "Contract." An agreement, grant or order for the procurement, use, or disposal of supplies, services, construction, insurance, real property or any other item.
31. "Data." Recorded information, regardless of form or characteristic.
32. "Delivery schedule." The required or agreed upon rate of delivery of goods or services.
33. "Discount for prompt payment ." A predetermined discount offered by a vendor for prompt payment. (See payment terms.)
34. "Encumber." Reserve funds against a budgeted line item; to charge against an account.
35. "Evaluation of bid." The process of examining a bid to determine a bidder's responsibility, responsiveness to requirements, or other characteristics of the bid that determine the eventual selection of a winning bid.
36. "Fiscal year." An accounting period of twelve (12) months; July 1 to June 30.
37. "F.O.B. destination." An abbreviation for "free on board" that refers to the point of delivery of goods. The seller absorbs transportation charges and retains title to and responsibility for the goods until Baneberry has received and signed for the goods.
38. "Goods." All materials, equipment, supplies, and printing.
39. "Invitation for bid." All documents utilized for soliciting bids.
40. "Invoice." A written account of merchandise and process, delivered to the purchaser; a bill.
41. "Lead time." The period from date of ordering to date of delivery which the buyer must reasonably allow the vendor to prepare goods for shipment.
42. "Life cycle costing." A procurement technique which considers the total cost of purchasing, maintaining, operating and disposal of a piece of equipment when determining low bid.
43. "Material receiving report." A form used by the purchasing function of an agency to inform others of the receipt of goods purchased.
44. "Payment term." The conditions under which a vendor completes a sale. "Payment terms" cover:
    
    
    1. When payment is expected;
    2. Any conditions on that payment; and
    3. Any discounts the buyer will receive.
45. "Performance bond." A bond given to the purchaser by a vendor (or contractor) guaranteeing the performance of certain services or delivery of goods within a specified time. The purpose is to protect the purchaser against a cash loss which might result if the vendor did not deliver as promised.
46. "Pre-bid conference." A meeting held with potential vendors after an invitation for bids has gone out to promote uniform interpretation by all prospective contractors of the solicitation's scope, work statements and specifications.
47. "Procurement or purchasing." Buying, renting, leasing, or otherwise obtaining supplies, services, construction, insurance or any other item. It also includes all functions that pertain to the acquisition of such supplies, services, construction, insurance and other items, including description of requirements, selection and solicitation of sources, preparation and award of contract, contract administration, and all phases of warehousing and disposal.
48. "Public." Open to all.
49. "Public purchasing unit." The State of Tennessee, any county, city, town, governmental entity, or other subdivision of the State of Tennessee, or any public agency or public authority.
50. "Purchasing order." A legal document used to authorize a purchase from a vendor. A purchase order, when given to a vendor, should contain statements about the quantity, description, and price of goods or services ordered; agreed terms of payment, discounts, date of performance, transportation terms, and all other agreements pertinent to the purchase and its execution by the vendor.
51. "Reject." Refuse to accept, recognize, or make use of; repudiate, to refuse to consider or grant.
52. "Responsive bidder." One who has submitted a bid which conforms in all material respects to the invitation for bids.
53. "Sealed." Secured in any manner so as to be closed against inspection of contents.
54. "Sealed bids." Written proposals or offers which are submitted by potential vendors before a certain date to a purchasing agent who has provided complete information regarding specifications and quantities required.
55. "Sole source procurement." An award for a commodity which can only be purchased from one (1) supplier, usually because of its technological, specialized, or unique character.
56. "Specifications." Any description of the physical or functional characteristics of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.
57. "Standardization." The making, causing, or adapting of items to conform to recognized qualifications.
58. "Telephone bids." Contacting one (1) or more vendors to obtain oral quotes for items of a value less than four thousand dollars ($4,000.00).
59. "Vendor." The person who transfers property, goods, or services by sale. (Ord. #216-2, March 2016)