12-3-201 - Definitions. - Tennessee Statutes

12-3-201. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Commissioner” means the commissioner of general services;

     (2)  “Data” means recorded information, regardless of form or characteristic;

     (3)  “Department” means the department of general services;

     (4)  “Invitation to bid” means all documents, whether attached or incorporated by reference, utilized for soliciting bids;

     (5)  “Multi-step sealed bidding” is a two-phase process consisting of a technical first phase composed of one (1) or more steps in which bidders submit unpriced technical offers to be evaluated by the 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. It is designed to obtain the benefits of competitive sealed bidding by award of a contract to the lowest responsive, responsible bidder, and at the same time obtain the benefits of the competitive sealed proposals procedure through the solicitation of technical offers and the conduct of discussions to evaluate and determine the acceptability of technical offers;

     (6)  “Responsible bidder” means a person who has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance;

     (7)  “Responsive bidder” means a person who has submitted a bid which conforms in all material respects to the invitation to bid;

     (8)  “Specification” means any description of the physical, functional, or performance characteristics, or of the nature of a supply, service, or construction item. “Specification” includes, as appropriate, requirements for inspecting, testing, or preparing a supply, service, or construction item for delivery; and

     (9)  “Term contract” means a contract in which a source or sources of supply are established for a specified period of time at an agreed upon unit price or prices.

[Acts 1987, ch. 337, § 2.]