41-2531

41-2531. Definitions

In this article, unless the context otherwise requires:

1. "Bidder prequalification" means determining in accordance with rules adopted
pursuant to this chapter that a prospective bidder or offeror satisfies the criteria for
being included on the bidder's list.

2. "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are reasonable, allowable and allocable in accordance with the
contract terms and the provisions of this chapter, and paid a fee, if provided for in the
contract.

3. "Demonstration project" means a project in which a vendor supplies a service or
material to this state for which the state does not pay but for which this state may be
obligated to provide routine support such as utility cost and operating personnel.

4. "Established catalogue price" means the price included in a catalogue, price
list, schedule or other form that:

(a) Is regularly maintained by a manufacturer, distributor or contractor.

(b) Is either published or otherwise available for inspection by customers.

(c) States prices at which sales are currently or were last made to a significant
number of any category of buyers or buyers constituting the general buying public for the
materials or services involved.

5. "Invitation for bids" means all documents, whether attached or incorporated by
reference, which are used for soliciting bids in accordance with the procedures
prescribed in section 41-2533.

6. "Multistep sealed bidding" means a two phase process consisting of a technical
first phase composed of one or more steps in which bidders submit unpriced technical
offers to be evaluated by this state and a second phase in which those bidders whose
technical offers are determined to be acceptable during the first phase have their price
bids considered.

7. "Paper" means newspaper, high grade office paper, fine paper, bond paper, offset
paper, xerographic paper, duplicator paper and related types of cellulosic material
containing not more than ten per cent by weight or volume of noncellulosic material such
as laminates, binders, coatings or saturants.

8. "Paper product" means paper items or commodities, including paper napkins,
towels, corrugated paper and related types of cellulosic products containing not more
than ten per cent by weight or volume of noncellulosic material such as laminates,
binders, coatings or saturates.

9. "Post-consumer material" means a discard generated by a business or residence
that has fulfilled its useful life. Post-consumer material does not include discards from
industrial or manufacturing processes.

10. "Purchase description" means the words used in a solicitation to describe the
materials, services or construction for purchase and includes specifications attached to,
or made a part of, the solicitation.

11. "Recycled paper" means paper products which have been manufactured from
materials otherwise destined for the waste stream and which contain at least forty per
cent recovered wastepaper with ten per cent of that being post-consumer material.

12. "Request for information" means all documents issued to vendors for the sole
purpose of seeking information about the availability in the commercial marketplace of
materials or services.

13. "Request for proposals" means all documents, whether attached or incorporated by
reference, which are used for soliciting proposals in accordance with procedures
prescribed in section 41-2534.

14. "Responsible bidder or offeror" means a person who has the capability to perform
the contract requirements and the integrity and reliability which will assure good faith
performance.

15. "Responsive bidder" means a person who submits a bid which conforms in all
material respects to the invitation for bids.

16. "Unsolicited proposal" means a written proposal that is submitted on the
initiative of the offeror for the purposes of obtaining a contract with this state and
that is not in response to a formal or informal request from this state.

17. "Wastepaper" means recyclable paper and paperboard, including high grade office
paper, computer paper, fine paper, bond paper, offset paper, xerographic paper,
duplicator paper and corrugated paper.