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The words defined in this section shall have the meanings set forth below whenever they appear in this title, unless: (1) the context in which they are used clearly requires a different meaning; or (2) a different definition is prescribed for a particular section or provision.

Architectural and engineering services” means:

1. Professional services of an architectural or engineering nature, as defined by the laws of this state which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described in this subsection;

2. Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and

3. Such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including: studies, investigations, surveying, mapping, tests, evaluations, consultations, Comprehensive Planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

Blind trust” means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.

Brand name or equal specifications” means specification limited to one or more items by manufacturers’ names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet Borough requirements, and which provides for the submission of equivalent products.

Brand name specification” means a specification limited to one or more items by manufacturers’ names or catalogue numbers.

Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.

Change order (unilateral)” means a written order signed and unilaterally issued by the Chief Procurement Officer, directing the contractor to make changes which the “changes” clause of the contract authorizes the Chief Procurement Officer to order without the consent of the contractor.

Confidential information” means any information which is available to an employee only because of the employee’s status as an employee of the Borough and is not a matter of public knowledge or available to the public on request.

Construction” means the process of building, altering, repairing, improving or demolishing any public infrastructure facility, including any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings or real property.

Construction management at-risk” means any contract or process that permits the procurement of a construction manager, prior to the completion of design, to perform, manage or assist in the design and/or construction functions.

Contract” means all types of Borough agreements, regardless of what they may be called, for the procurement of supplies, services or construction.

Contract modification” means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or provision of any contract accomplished by mutual action of the parties to the contract.

Contractor” means any person having a contract with the Borough.

Cost analysis” means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.

Cost data” means factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

Cost-reimbursement contract” means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any.

Direct or indirect participation” means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

Disadvantaged business” means a small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.

Employee” means an individual drawing a salary from the Borough, whether elected or not, and any noncompensated individual performing personal services for the Borough or any department, agency, commission, council, board or any other entity established by the executive or legislative branch of the Borough.

Financial interest” means:

1. Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past calendar year has received, or is presently or in the future entitled to receive, more than $1,000 per year, or its equivalent;

2. Ownership of 10 percent of any property or business; or

3. Holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

Immediate family” means spouse, child (step, biological or adoptive), parent (step, biological or adoptive), sibling, grandparent, father-in-law, mother-in-law, or a regular member of the person’s household.

Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. No confidential or proprietary data shall be solicited in any invitation for bids.

Legal services” means all services which constitute the practice of law.

Lobbyist services” means all services performed representing the Fairbanks North Star Borough before the United States Congress, the Legislature of Alaska or any federal or state administrative agency which does not constitute the practice of law.

Local bidder” means a person who (1) has a place of business located in the Fairbanks North Star Borough; (2) which is staffed by an employee or employees as their permanent employment year-round in the normal course of business.

Local supplier” means a person having a major place of business within the Borough.

Medical services” means all services which constitute the practice of medicine as defined by law.

Person” means any business, individual, union, committee, club, other organization, or group of individuals.

Price analysis” means the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

Price data” means factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontractor prices.

Public agency” means a public entity subject to, or created by, local ordinance.

Qualified products list” means an approved list of supplies, services or construction items described by model or catalogue numbers, which, prior to competitive solicitation, the Borough has determined will meet the applicable specification requirements.

Request for proposals” means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.

Responsive bidder” means a person who has submitted a bid which conforms in all material respects to the invitation for bids.

Services” means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. “Servicesincludes, but is not limited to, consulting, personal, professional, technical, and purchase-of-client services. This term shall not include employment agreements, collective bargaining agreements, labor relation services or expert witness services.

Small business” means a United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.

Specification” means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery. (Ord. 2016-40 § 65, 2016; amended during 2004 republication; Ord. 2002-29 § 4, 2002; Ord. 89-044 § 2, 1989; Ord. 89-013 § 2, 1989; Ord. 82-69, 1982. 2004 Code § 16.21.020.)