Legal Documents of Baxter

For the purpose of implementing this chapter, the following definitions shall apply.

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." In procurement, the city reserves the right to award each item individually 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 or purposes.
7. "Approved." To be satisfied with; to admit the propriety or excellence of; to be pleased with; to confirm or 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 or request for proposal; 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 a 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 tabulation forms 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 city and offering to enter into contracts with the city.
19. "Blanket bid order." A type of bid used by buyers to purchase repetitive products. The city establishes its need for a product for a specified period of time. The vendor is then informed of the city's expected usage during the duration of the proposed contract. The city may then order small quantities of these items from the vendor, at the bid price, over the term 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 has a life expectancy of one (1) year or longer and a value in excess of five thousand dollars ($5,000.00). Additionally, real estate shall be considered a capital item.
23. "Cash discount." A discount from the purchase price allowed to the purchaser if payment is made within a specified period of 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." The City of Baxter, 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 of public buildings, structures, 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. "Date." 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.
34. "Encumber." To 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, qualifications, 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 through June 30.
37. "FOB destination." An abbreviation for "free on board" that refers to the point of delivery of goods. The seller absorbs the transportation charges and retains title to and responsibility for the goods until the City of Baxter, Tennessee, 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 of time from the date of ordering to the date of delivery which the buyer must reasonably allow the vendor to prepare goods for shipment.
42. "Life cycle costing." A procurement technique that considers the total cost of purchasing, maintaining, operating, and disposal of a piece of equipment when determining the low bid.
43. "Local bidder." A bidder who has and maintains a business office located within the corporate city limits of Baxter, Tennessee.
44. "Material receiving report." A form used by the department head or supervisor to inform others of the receipt of goods purchased.
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 period of 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 a few days after an invitation for bids has been issued to promote uniform interpretation of work statements and specifications by all prospective contractors.
47. "Procurement or purchasing." Buying, renting, leasing, or otherwise obtaining supplies, services, construction, insurance or any other item. It also includes functions that pertain to the acquisition of such supplies, services, construction, insurance and other items, including descriptions of requirements, selection and solicitation of sources, preparation and award of contracts, 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 and other subdivision of the State of Tennessee, or any public agency, or any other 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 the inspection of contents.
54. "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.
55. "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.
56. "Standardization." The making, causing, or adapting of items to conform to recognized qualifications.
57. "Telephone bids." Contacting at least two (2) vendors to obtain verbal quotes for items of a value of less than five hundred dollars ($500.00).
58. "Using department." The city department seeking to purchase goods and services or which will be the ultimate user of the purchased goods and services.
59. "Vendor." The person who transfers property, goods, or services by sale. (2011 Code, § 5-301, modified)