subchapter 06a – information technology procurement
section .0100 – forms, terms and conditions and definitions
This Chapter was transferred and recodifed from 4 NCAC 21
effective September 1, 2000. [S.L. 2000-174]
09 NCAC 06A .0101 FORMS, TERMS AND CONDITIONS
In these Rules the State Chief Information Officer (State
CIO) shall prescribe forms, terms and conditions and advertisement requirements
for acquiring goods and services related to information technology (IT) for use
by purchasing agencies. The forms, terms and conditions, and advertisement
requirements shall be established taking into consideration market volatility,
trends and conditions, legal requirements, and any other factors determined to
be in the State's best interest. These shall be made available to all agencies
via the State's designated IT procurement website.
History Note: Authority G.S. 147-33.76(b1);
147-33.77(f); 147-33.82; 147-33.95(f);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. September 1, 2013;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
09 NCAC 06A .0102 DEFINITIONS
For the purpose of this Chapter,
(1) "Agency/Agencies" is defined as an entity
enumerated in G.S. 147-33.81(6).
(2) "Best value procurement" is defined as a
procurement process with the objective of reducing the total cost of
ownership. The particular procurement methods used are selected so as to
result in the best value for the State in terms of the function to be performed
or delivered. Competitive best value procurement allows for the use of
alternate competitive purchasing techniques in addition to low price analysis
in the selection of supply sources.
(3) "Clarification" is defined as communication
between the State and an offeror that may occur after receipt of an offer for
the purpose of eliminating irregularities, informalities, or apparent clerical
mistakes in an offer. A clarification may also be used to allow the State's
reasonable interpretation of an offer or offers or to facilitate the State's
evaluation of all offers. Clarification shall not be used to cure material
deficiencies or to negotiate.
(4) "Commodity" is defined as tangible or
moveable goods, equipment, materials or supplies.
(5) "Competition" in purchasing exists when the
available market for the goods or services to be acquired consists of more than
one supplier who is technically qualified and willing to submit an offer.
(6) "Competitive range" is defined as the
range of all of the most highly ranked offers as established in the
solicitation and as determined by the purchasing agency during evaluation of
offers.
(7) "Deficiency" is defined as either a
failure to meet a stated requirement or a combination of weaknesses in an offer
that increases the risk of unsuccessful contract performance.
(8) "Emergency situations" are defined as
circumstances that endanger lives, property, or the continuation of a vital
program, as determined by the purchasing agency head, and that can be rectified
only by immediate purchases or rental of goods or services.
(9) "General delegation" is defined as the
authority delegated to the purchasing agency for the procurement of information
technology goods and services. The State CIO may issue general delegations and
special delegations as provided in Rules 06B .1303 and 06B .1304. Information
technology is defined in G.S. 147-33.81(2).
(10) "Goods" are defined as information
technology commodities including equipment, materials, or supplies.
(11) "Negotiation" is defined as oral or
written communications in a waived, limited, or open competitive procurement
between the State and offeror(s) undertaken with the intent of allowing offerors
to revise their offers. Revisions may apply to price, schedule, technical
requirements, or other terms of the proposed contract. Negotiations are
specific to each offer and shall be conducted to maximize the State's ability
to obtain best value based on the evaluation factors set forth in the
solicitation. The State may reward technical solutions exceeding mandatory
minimums with higher evaluations or negotiate with offerors for increased
performance beyond mandatory minimums.
(12) "Offer" is defined as a bid or proposal
submitted in response to any solicitation document utilizing "Best Value"
procurement methodology including Invitation for Bids (IFB), Request for
Proposals (RFP), Request for Quotations (RFQ), negotiation, or other
acquisition processes, as well as responses to solution-based solicitations and
government-vendor partnerships.
(13) "Packaged software," or "commercial
off the shelf software" (COTS) is an information technology commodity and
is defined as software used regularly for other than government purposes and is
sold, licensed, or leased to the general public or commercial enterprises at a
vendor's catalog prices.
(14) "Pressing need" is defined as a need
arising from unforeseen causes including delay by contractors, delay in
transportation, breakdown in machinery, or unanticipated volume of work, and
which can be satisfied only by immediate purchase (or rental) of equipment,
supplies, materials, or contractual services.
(15) "Price" is defined as the amount paid by
the State to a vendor for a good or service.
(16) "Procurement" is defined as the process of
acquiring goods or services.
(17) "Progressive award" is defined as an award
of portions of a definite quantity requirement to more than one contractor.
Each portion is for a definite quantity and the sum of the portions is the
total quantity procured. A progressive award may be in the purchasing agency's
best interest when the awards to more than one offeror for different amounts of
the same item are needed to obtain the total quantity or the time or times of
delivery required.
(18) "Purchasing agency," or purchaser, is
defined as the agency that issues the purchase order and thereby awards a
contract.
(19) "Responsible offeror" is defined as an
offeror who demonstrates in its offer that it has the capability to perform
fully the requirements of the solicitation.
(20) "Responsive offer" is defined as an offer
that conforms to the solicitation in all material respects.
(21) "Sealed offer" is defined as an offer that
remains unopened until the public opening time stated in the solicitation.
Offers are typically submitted sealed to meet this requirement, but electronic
submission is permitted if the purchasing agency has the capability to maintain
the confidentiality of the offer until the scheduled public opening time.
(22) "Service" is defined as any work performed
to meet any demand or need for information technology requiring specialized
knowledge, experience, expertise, professional qualifications, or similar
capabilities for any aspect of information technology. This includes performance,
review, analysis, development, integration, installation, or advice in
formulating or implementing improvements in programs or services.
(23) "Small purchase" is defined as the
purchase of goods and services where the expenditure of public funds is within
the purchasing agency's delegated authority.
(24) "Solicitation document" is defined as a
written or electronic Invitation for Bid (IFB), Request for Quote (RFQ),
Request for Proposal (RFP) or Request for Information (RFI) document or other such
documents approved under Rule 06B .0201 expressly used to solicit, invite offers,
or request information regarding the acquisition of goods and services.
(25) "State Chief Information Officer" (State
CIO) is the person appointed to manage and administer the Office of Information
Technology Services (ITS), and as used herein shall include the State CIO or
the State CIO's designee.
(26) "State CIO approval, limitation or determination,"
as used herein, is the judgment applied to the particular factual basis for the
procurement decision under the rule or rules, utilizing the knowledge and
qualifications of the office, the needs of the State, and information provided
by the agencies involved.
(27) "Tabulation" is defined as a list of
offeror(s) submitting offer(s) in response to a particular solicitation.
(28) "Total cost of ownership" is defined as a
summation of all purchase, operating, and related costs for the projected
lifetime of a good or a service.
(29) "Weakness" is defined as a flaw in the
offer that increases the risk of unsuccessful contract performance.
History Note: Authority G.S. 143-135.9; 147-33.82; 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. September 1, 2013;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
09 NCAC 06A .0103 BENCHMARK AND THE BOARD OF AWARDS
History Note: Authority G.S. 143-52.1; 147-33.76(b1); 147-33.101(a);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. September 1, 2013; March 1, 2001;
Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2015.