103 - Definitions.

     § 103.  Definitions.        Subject to additional definitions contained in subsequent     provisions of this part which are applicable to specific     provisions of this part, the following words and phrases when     used in this part shall have the meanings given to them in this     section unless the context clearly indicates otherwise:        "Bidder."  A person that submits a bid in response to an     invitation for bids.        "Change order."  A written order signed by the contracting     officer directing the contractor to make changes which the     changes clause of the contract authorizes the contracting     officer to order. The change order may be either with the     consent of the contractor or a unilateral order by the     contracting officer.        "Commonwealth agency."  An executive agency, an independent     agency or a State-affiliated entity.        "Construction."  The process of building, altering,     repairing, improving or demolishing any public structure or     building or other public improvements of any kind to any public     real property. The term does not include the routine operation     or maintenance of existing structures, buildings or real     property.        "Contract."  A type of written agreement, regardless of what     it may be called, for the procurement or disposal of supplies,     services or construction and executed by all parties in     accordance with the act of October 15, 1980 (P.L.950, No.164),     known as the Commonwealth Attorneys Act.        "Contract modification."  A written alteration in     specifications, delivery point, rate of delivery, period of     performance, price, quantity or other provisions of any contract     accomplished by mutual action of the parties to the contract.        "Contractor."  A person that has entered into a contract with     a Commonwealth agency.        "Contracting officer."  A person authorized to enter into and     administer contracts and make written determinations with     respect to contracts.        "Department."  The Department of General Services of the     Commonwealth.        "Design/build contract."  A construction contract in which     the contractor is responsible for both the design and     construction of any public structure or building or other public     improvements of any kind to any public real property.        "Employee."  An individual drawing a salary or wages from a     Commonwealth agency, whether elected or not, and any     noncompensated individual performing personal services for any     Commonwealth agency.        "Executive agency."  The Governor and the departments,     boards, commissions, authorities and other officers and agencies     of the Commonwealth. The term does not include any court or     other officer or agency of the unified judicial system, the     General Assembly and its officers and agencies or any     independent agency or State-affiliated entity.        "Firm, fixed-price contract."  A contract where the total     amount to be paid to the contractor is fixed and is not subject     to adjustment by reason of the cost experience of the     contractor. The term includes contracts where the unit price is     set but the total price varies because actual quantities     purchased deviate from the quantities estimated to be purchased.     The term also includes contracts where the price may be adjusted     in accordance with a contractually established price adjustment     provision which is not based upon the contractor's costs.        "Independent agency."  Boards, commissions and other agencies     and officers of the Commonwealth which are not subject to the     policy supervision and control of the Governor. The term does     not include any State-affiliated entity, any court or other     officer or agency of the unified judicial system, the General     Assembly and its officers and agencies, any State-related     institution, political subdivision or any local, regional or     metropolitan transportation authority.        "Invitation for bids."  All documents, including those either     attached or incorporated by reference, used for soliciting bids.        "Medical assistance provider agreement."  A written agreement     by a licensed or qualified provider of medically related     services to participate in the medical assistance program     administered by the Department of Public Welfare.        "Offeror."  A person that submits a proposal in response to a     request for proposals.        "Participating provider agreement."  A written agreement     between the Department of Health and a licensed or qualified     provider of medically related services which was approved by the     Office of the Budget and the Department of General Services and     was awarded on a noncompetitive basis.        "Policy statement."  Any document, except an adjudication,     regulation or privileged communication prepared by a     Commonwealth agency which sets forth substantive or procedural     personal or property rights, privileges, immunities, duties,     liabilities or obligations of the public or any person,     including any document interpreting or implementing any statute     enforced or administered by the agency.        "Procurement."  Buying, purchasing, renting, leasing,     licensing or otherwise acquiring any supplies, services or     construction. The term also includes all functions that pertain     to the obtaining of any supply, service or construction,     including description of requirements, selection and     solicitation of sources, preparation and award of contract and     all phases of contract administration.        "Purchasing agency."  A Commonwealth agency authorized by     this part or by other law to enter into contracts for itself or     as the agent of another Commonwealth agency. When purchasing for     another Commonwealth agency, the purchasing agency acts on     behalf of the principal which needs the supplies, services and     construction and shall coordinate and cooperate with that     agency.        "Regulation."  A regulation as defined in 45 Pa.C.S. § 501     (relating to definitions). This term shall include the     amendment, revision or otherwise alteration of the terms and     provisions of a regulation.        "Request for proposals."  All documents, including those     either attached or incorporated by reference, used for     soliciting proposals.        "Responsible bidder."  A bidder that has submitted a     responsive bid and that possesses the capability to fully     perform the contract requirements in all respects and the     integrity and reliability to assure good faith performance.        "Responsible offeror."  An offeror that has submitted a     responsive proposal and that possesses the capability to fully     perform the contract requirements in all respects and the     integrity and reliability to assure good faith performance.        "Responsive bid."  A bid which conforms in all material     respects to the requirements and criteria in the invitation for     bids.        "Responsive proposal."  A proposal which conforms in all     material respects to the requirements and criteria in the     request for proposals.        "Sealed bid."  A bid whose contents are not disclosed until     the bid opening time. Bids are typically submitted in sealed     envelopes to meet this requirement, but electronic submission is     not prohibited so long as the purchasing agency has the     electronic capability to maintain the confidentiality of the bid     until the bid opening time.        "Sealed proposal."  A proposal whose contents are not     disclosed until the proposal receipt date. Proposals are     typically submitted in sealed envelopes to meet this     requirement, but electronic submission is not prohibited so long     as the purchasing agency has the electronic capability to     maintain the confidentiality of the proposal until the proposal     receipt date.        "Services."  The furnishing of labor, time or effort by a     contractor not involving the delivery of a specific end product     other than drawings, specifications or reports which are merely     incidental to the required performance. The term shall include     the routine operation or maintenance of existing structures,     buildings or real property. The term does not include employment     agreements or collective bargaining agreements. The term     includes utility services and those services formerly provided     by public utilities such as electrical, telephone, water and     sewage service.        "Specification."  A description of the physical or functional     characteristics or the nature of a supply, service or     construction item, including a description of any requirement     for inspecting, testing or preparing a supply, service or     construction item for delivery.        "State-affiliated entity."  A Commonwealth authority or a     Commonwealth entity. The term includes the Pennsylvania Turnpike     Commission, the Pennsylvania Housing Finance Agency, the     Pennsylvania Municipal Retirement System, the Pennsylvania     Infrastructure Investment Authority, the State Public School     Building Authority, the Pennsylvania Higher Educational     Facilities Authority and the State System of Higher Education.     The term does not include any court or other officer or agency     of the unified judicial system, the General Assembly and its     officers and agencies, any State-related institution, political     subdivision or any local, regional or metropolitan     transportation authority.        "State-related institution."  The Pennsylvania State     University, the University of Pittsburgh, Lincoln University or     Temple University.        "Statewide requirements contract."  A contract entered into     by the Department of General Services as purchasing agency which     covers the annual, semiannual or quarterly contract requirements     of all Commonwealth agencies and allows the agencies to order     needed supplies directly from the contractor.        "Supplies."  Any property, including, but not limited to,     equipment, materials, printing, insurance and leases of and     installment purchases of tangible or intangible personal     property. The term does not include real property, leases of     real property or alcoholic beverages or liquor purchased for     resale by the Pennsylvania Liquor Control Board.        "Using agency."  A Commonwealth agency which utilizes any     supplies, services or construction procured under this part.     (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)        2002 Amendment.  Act 142 amended the def. of "contract" and     added the defs. of "bidder," "contractor," "invitation for     bids," "medical assistance provider agreement," "offeror,"     "participating provider agreement," "request for proposals,"     "responsible bidder," "responsible offeror," "responsive bid,"     "responsive proposal," "sealed bid" and "sealed proposal."        Cross References.  Section 103 is referred to in sections     520, 3102, 3902 of this title; section 13A03 of Title 65 (Public     Officers).