5399.1 When used in the chapter the following words and phrases shall have the meanings ascribed;

Bid/Proposal	An offer to furnish goods or services in conformity with specifications, delivery terms and conditions, and other requirements included in an IFB, RFP, RFQ or request for Technical Proposal.
Blanket Purchase Agreement	An arrangement under which a purchaser contracts with a vendor to provide the purchasers requirements for an item(s) or service, on an as required basis.
Change Order	A unilateral modification directing the contractor to work within scope of the contract's changes clause.
Competitive Bidding	The offer of firm bids by individuals or firms competing for a contract, privilege, or right to supply specified services or goods.
Contract	When used as a noun, contract refers to an agreement enforceable by law, between two or more competent parties, to do or not to do something not prohibited by law, for a consideration. Any type of agreement or order for the procurement of goods or services. As a verb, contract has its usual legal sense, signifying the making of an agreement for consideration.
Contract Modification	A written change in the terms and conditions of a contract.
Contracting Officer	Individual appointed by the Board of Directors as General Manager or other individuals designated by the General Manager possessing written, express authority to obligate WASA.
Cost Plus Award Fee Contracts	A cost reimbursement type contract that provides for a fee consisting of an amount fixed at the beginning of the contract and potential award of additional fee amounts based upon a judgmental evaluation by the Contracting Officer, sufficient to provide motivation for excellence in contract performance.
Cost Reimbursement Contracts	A contract, which provides payment of allowable costs incurred in the performance of the contract. This type of contract establishes an

	estimate of total cost for the purpose of obligating funds, and establishes a ceiling which the contractor may not exceed (except at its own risk) without prior approval of, or subsequent ratification by, the Contracting Officer.
Debarment	Action taken to shut out or exclude for cause a bidder/proposer from a list of qualified bidders/proposers. Prospective contractors may be debarred from contracting for particular types of supplies and/or services for specified periods of time.
Definite-Quantity Contracts	A contract that provides for delivery of a definite quantity of specific supplies or services for a fixed period, with deliveries to be scheduled at designated locations.
Design Build	A contract in which the owner contracts with one entity that furnishes complete engineering design and all construction services for a facility or building and delivers the building to the owner ready for operation and occupancy.
Disadvantaged Business Enterprise	A business enterprise that meets requirements set by the District of Columbia Department of Human Rights and Local Business Development, its successor or other state, local or federal governmental unit with appropriate authority.
Emergency	A situation which creates an immediate threat to public health, welfare or safety. The existence of a condition which creates an immediate need for supplies or services, and which cannot be met through normal procurement methods, and the lack of which would seriously threaten the: (1) health or safety of any person; (2) preservation or protection of property; or (3) continuation of necessary governmental functions.
Ethics	Pertaining to or relative to moral action, conduct, motive or character; as ethical emotion; professionally right or befitting; conforming to professional standards of conduct.
Fixed Price Contract	A contract that provides for a firm price or firm fixed unit cost's for specified quantities subject to any contractual conditions allowing price adjustment, under which the contractor bears the full responsibility for profit or loss.

Fixed Price With Economic Price Adjustment Contract	A contract that provides (usually after an initial period) for price increase/decrease based upon an objective price index incorporated into the contract.
Fixed Price Incentive Contracts	A fixed price type contract that provides for adjusting profit and establishing the final contract price by a formula based on the relationship of final negotiated total costs to total target costs. After performance of the contract, the final cost is negotiated and the final contract price is established in accordance with the formula.
Invitation for Bid	The solicitation document used for competitive sealed bidding for the purchase of equipment, materials, goods and construction.
Labor hour Contract	A contract that is a variant of the time and materials type contracting differing only in that materials are not supplied by the contractor.
Letter Contract	A written preliminary contractual instrument that authorizes the contractor to begin immediately manufacturing or delivering supplies or performing services. A letter contract is always associated with a definitive contract, and a letter contract by itself cannot be the sole document used for a complete procurement.
Local Business Enterprise	A business enterprise that meets requirements set by the Department of Human Rights and Local Business Development its successor or other state, local or federal governmental unit with appropriate authority.
Minor Deficiency	Matters that do not significantly affect a material element of the solicitation.
Minority Owned Business	A business enterprise that meets ownership requirements set by the appropriate federal agencies.
Multiyear Contracts	A contract that requires performance for a period covering more than one fiscal year.
Policy and Procedures	Document issued by the General Manager, which sets forth the procedures necessary to implement these regulations.

Procurement	The procedures and actions necessary to the purchase goods or services, including all activities that involve the planning, creation, preparation, processing and issuance of all documents associated with those actions.
Procurement Action	Any conduct or activity related to the development discussion, consideration, negotiation, award, administration, termination, or modification of a proposed or existing WASA solicitation, contract, or procurement.
Procurement Process	The act of procuring goods and services from solicitation to award.
Professional Services	Technical, and/or unique functions performed by independent contractor whose occupation is the rendering of such services. Professional service examples include medicine and the medical arts, architectural and engineering services, management and systems consultation, research and the performing arts.
Public Body	Any state, the District of Columbia, and any unit or political subdivision or component thereof, and any agency of the United States Government.
Purchase Order	A document which details the agreement between purchaser and vendor for goods and services agreed to under contract.
Responsible Bidder/Proposer	A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder/Proposer	A person who has submitted a response to a solicitation which conforms in all material respects to the solicitation.
Request for Proposal	The solicitation document used in the competitive sealed proposals process. The RFP procedure permits negotiation of proposals and prices as distinguished from competitive bidding and an invitation for bids.
Request for Qualification	The solicitation document used in a competitive procurement, which request technical or professional skills and experience.
Small Business Enterprise	A small business enterprise that meets the requirements set by the Department of Human Rights and Local Business Development its

	successors or other state, local or federal governmental unit with appropriate authority.
Specifications	Written descriptions of items or services that are the subject of a procurement.
Suspension	Action taken by the Director to disqualify a contractor temporarily from receiving WASA contracts and WASA-approved subcontracts. A contractor so disqualified is suspended.
Time and Materials Contracts	A type of contract that provides for the procurement of supplies or services on the basis of direct hours at specified fixed hourly rates (which include wages, overhead, general and administrative expenses, and profit) and material at cost.
Turnkey	A job or contract in which the contractor agrees to complete the work of building and installation to the point of readiness for operation or occupancy.
WASA	The District of Columbia Water and Sewer Authority
Women Owned Business	A business enterprise that meets ownership requirements set by the appropriate federal agencies.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).