§ 4-603. DEFINITIONS.

The following definitions shall apply for purposes of this article:

(a)

"Bidder" shall mean a person or entity responding to a competitive bid process, including a Bid Invitation as defined in this article.

(b)

"Bid Invitation" shall mean a notice in writing to potential bidders to submit bids to the City, when any award is to be made to the lowest responsive and responsible bidder, subject to the City's right to reject any and all bids.

(c)

"Communication" means communication in any form, directly or indirectly, by or between a Proposer, on the one hand, and Councilmember or the Mayor, on the other hand, during the pendency of a competitive procurement regardless of whether or not the Proposer at the time of the communication had yet to put forward, present, or sponsor a request, proposal, bid, or quote for consideration of a contract, if the Proposer eventually does so.

(d)

"Competitive bidding" shall mean the offering procedure involving sealed bids to the City for materials, supplies, equipment or any public work of improvement, as described in Charter Section 1208 and referred to as "advertised bidding" in Chapter 4, Article 1 of this Code.

(e)

"Competitive procurement" shall mean and include the processes for competitive bidding, request for expression of interest, request for proposals, and request for qualifications, as defined in this article.

(f)

"Continue" shall mean to persist in, remain in, carry on, recommence or resume a communication.

(g)

"Disclosure" shall mean the writing, or oral statement entered in Council proceedings, containing the information required by Section 4-606 necessary to disclose a regulated communication.

(h)

"Elected official" shall mean the Mayor or any Councilmember.

(i)

"Initiate" shall mean to cause a communication to begin; to send, transmit, or convey information.

(j)

"Initiation of competitive procurement" shall mean the issuance, publication or announcement by the City of Request for Expression of Interest (RFEI), request for proposals (RFP), request for qualifications (RFQ), or Bid Invitation. The competitive procurement remains pending until it is completed upon either the award of a contract, or official City notice of cancellation of the process, or a determination by the Council not to award a contract, provided the determination is final in accordance with Sections 605 and 609 of the Charter and Council does not direct the re-initiation of the competitive procurement at the time it determines not to make an award.

(k)

"Proposer" shall mean a person, other than a City division or department, who puts forward, presents, or sponsors an expression of interest, statement of qualification, request, proposal, bid, or quote for consideration of a contract, including a bidder. For purposes of this article, a Proposer is also any agent or representative, or officer of a Proposer, and any person holding an ownership, beneficial, equitable or security interest in a Proposer. However, a commercial lending institution is not a Proposer if it merely holds a security interest as a result of a loan or loans which are made in the lender's regular course of business on terms available to members of the public without regard to official status.

(l)

"Record" shall mean the oral and written information conveyed to the Mayor and Council through writings and statements made available to the public in connection with a competitive procurement, and upon which the Council could rely in considering whether to award a contract. "Record" shall include oral communication during a regular or special meeting of the Council.

(m)

"Regulated communication" shall mean any communication prohibited under Section 4-605 of this article.

(n)

"Request for Expression of Interest" (RFEI) means a solicitation to prospective proposers on a procurement opportunity. An RFEI may be issued in advance of an RFP to assist in the development of a more definitive set of terms and conditions, scope of work or service and the selection of qualified proposers. An RFEI does not contain all of the information a prospective proposer needs to provide a full bid or proposal response, and should not to be construed as an RFP or notice inviting bids. The RFEI enables potential proposers to determine whether they have a serious interest in preparing a proposal or bid in response. The RFEI may be used simultaneously with a RFQ when the proposed procurement is well defined and the City has clear expectations for the procurement.

(o)

"Request for proposal" (RFP) shall mean an invitation for providers of services or work to solicit the right to supply services or work to the City, when any award is to be made to a Proposer providing the best value in meeting the interest of the City and the objectives of the project, based on criteria, such as benefit to the City, qualifications, experience, and demonstrated ability, subject to the City's right to reject any and all proposals.

(p)

"Request for qualification" (RFQ) shall mean a City request for the submission of a statement of qualifications from interested potential Proposers as a pre-requisite to a bid or proposal for the right to supply materials, supplies, equipment, services or work.

(q)

"Subject Proposer," as used in Section 4-608 of this article, shall mean the Proposer who is the subject of a disclosure and consideration of potential sanctions.

(r)

"Writing" shall mean a writing as defined in Evidence Code Section 250.

(Added Ord. 2004-41, § 1, eff. 5-7-04; Am. Ord. 2007-96, § 3, eff. 1-19-08).