- “Adequate Financial Resources” means a Respondent’s ability to fully perform the financial terms and conditions of a contract entered into with the State. A Respondent that lacks Adequate Financial Resources may be considered non-responsible and not considered for contract award.
- “Advisory Council” means the advisory council on state procurement created and empowered by T.C.A. § 4-56-106
- “Affiliate” of a Contracting Party means
- any member, partner or joint venture member of the Contracting Party;
- any shareholder of the Contracting Party having an interest of at least ten percent (10%) in any class of stocks;
- any Person that directly or indirectly through one or more intermediaries Controls (as hereinafter defined), or is Controlled by, or is under common Control with, the Contracting Party or any of the Contracting Party’s shareholders, members, partners or joint venture members; or
- any entity for which ten percent (10%) or more of the equity interest in such entity is held directly or indirectly, beneficially or of record by
- the Contracting Party,
- any of the shareholders, members, partners or joint venture members of the Contracting Party, or
- any affiliate of the Contracting Party.
- “Agency” means each State board, commission, committee, department, officer, or any other unit of State government.
- “Agency Term Contract” means a State Agency 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.
- “Aggrieved Respondent” means a Respondent who was not awarded a contract and claims his or her rights were infringed in connection with a solicitation or award by the Central Procurement Office.
- “Approval Process” means the process by which necessary State approvals are obtained.
- “Award” in the context of procurement means a State Agency’s notice to a proposer of the acceptance of a proposal.
- The term “Award” in the context of a Grant Contract means any grant of money awarded to the State, or awarded by the State to a person or legal entity, for the furnishing by the State of assistance, whether financial or otherwise, to any person or entity to support a program authorized by law.
- “Bank” means the entity issuing the State’s P-Card or any of its subsidiaries as the context may require.
- “Base Contract” means the original written contract prior to any amendments.
- “Best and Final Offer” (“BAFO”) means a negotiation tool whereby the State requests that respondents provide their best and final offer or response.
- “Biased Ground Rules” means the requirements for a contract or prerequisites for competition for a contract that have been written by a Person who, as a part of its performance of a State contract, directly or indirectly participates in writing statements of work or specifications for another contract for which the Person who established the requirements or prerequisites, or any of its Affiliates, seeks to compete.
- “Bid” means a response by a vendor to an invitation to bid.
- “Bidding” means informal written, verbal, or telephone quotations, which may be obtained by a State Agency when a sealed bid is not required.
- “Bonus” means a disallowed payment, which is made in addition to that which is required by a contract for minimally required performance, and is not based on contractor performance at a definitively specified level beyond that which is minimally required.
- “Calendar Day” means all days in a month, including weekends and holidays.
In the event a final calendar day falls on a weekend, holiday, or other day where State offices are closed, the next business day becomes the final calendar day.
- “Cardholder” means the State Agency employee who is issued a physical P-Card to initiate payments on behalf of the State.
- “Cardholder Agreement” means the document signed by the Cardholder to verify that he or she completed P-Card training, received a copy of the P-Card Policy, and understands the Policy.
- “Cardholder Application” means the application completed by the Cardholder that is approved by the Cardholder Supervisor and the State Agency P-Card Program Coordinator that is required before a P-Card Account will be assigned to a Cardholder.
- “Cardholder Supervisor” means the State Agency employee with supervisory authority over the Cardholder.
- “Central Fiscal Office P-Card” means the P-Card assigned to a Cardholder with a Single Transaction Limit of up to fifty thousand dollars ($50,000).
- “Central Procurement Office” (“CPO”) means the State office established and empowered by T.C.A. § 4-56-104.
- "CPO" – means the Central Procurement Office of the State of Tennessee acting by and through the Chief Procurement Officer or his or her designee as the context requires.
- “Central Procurement Office Policy” means a documented set of guidelines concerning procurement related strategy, which directs and restricts the plans, decisions, and actions of State procurement professionals as approved by the Procurement Commission in accordance with T.C.A. §§ 4-56-101, et seq.
- "Certification” – means the process by which goods or services are certified by the Procurement Commission. A certification shall expire after three hundred sixty-five (365) days.
- "Certification”- means the formal determination by the Procurement Commission that a given commodity or service is certified by the Procurement Commission Staff as being of satisfactory quality, reasonable in price, and commercially available.
"Certification Committee”- means the committee established by Title 41, Chapter 22, Part 119 (c), Tennessee Code Annotated.
- “Certification Term” means the one (1) year term following the effective date of a Certification.
- “Chief Procurement Officer” means the official as defined by T.C.A. § 4-56-104
Chief Procurement Officer is Michael Perry.
“Click-wrap Agreement” means an agreement appearing on a graphical user interface which presents a prospective licensee (i.e., the end user) with a message requiring the prospective licensee to manifest assent to any proposed terms and conditions by clicking a dialog box in order to proceed with an internet transaction.
Although electronic, Click-wrap Agreements are considered “writings” because they are printable and storable.
“Cognizant State Agency” - means the State Agency whose funds comprise the greatest percentage of Awards received by a Subrecipient as determined by the Central Procurement Office.
- "Collaborative Value Development” (“CVD”) means an interactive technique between the State and Qualified Respondents within the Competitive Range, as defined in the Request for Qualifications. The purpose of the CVD is to utilize the expertise and knowledge of the Qualified Respondents to develop a Solicitation that will award a contract to the Qualified Respondent that receives the highest score.
- "Committee” means the committee for purchase from the blind and other severely disabled established pursuant to Tenn. Code Ann. § 71-4-703.
- "CMRA”- Community Rehabilitation Agencies of Tennessee- the central nonprofit agency designated by the advisory committee for purchase from the blind and other severely disabled, created by Title 71, Chapter 4, Part 703, Tennessee Code Annotated)
- “Competitive Negotiation” means a competitive procurement method that involves direct contract negotiation with one or more respondents who have been pre-qualified or pre-selected by the Central Procurement Office through a competitive process.
- “Competitive Negotiation Techniques” means those direct negotiation techniques used in connection with a competitive negotiation method of procurement.
- “Competitive Range” means those proposals that have a reasonable chance for contract award based on criteria set forth in the written solicitation document.
- Only proposals within the Competitive Range shall be considered for additional discussions and negotiation.
- “Competitive Sealed Proposal” means a procurement method in which all proposals are reviewed at a predetermined time and place and a contract is awarded in accordance with the terms of a Solicitation.
- “Contract” means any duly authorized and legally binding written agreement or purchase order for goods or services by and between the State of Tennessee and any person or any separate entity with the independent legal capacity to contract and sue and be sued.
"Contract Administration” means the roles within the Central Procurement Office or a Covered State Agency associated with contract management, which includes evaluating contractor performance, managing contract compliance, and whether or not to renew or extend a contract. Contract Administration does not include ancillary State Agency programmatic roles related to a contract or ministerial roles, such as paying contract invoices or administrative support functions.
- "Contract Amendment" means a written contract document that changes, adds, or deletes one or more terms or conditions of an existing contract.
“Contract Amendment”- means an amendment, renewal and/or extension of an Original Contract, which includes by example only, changes to term, scope of work, pricing and amount of compensation.
- “Contract Approval” means the procedures a State Agency must follow to obtain final approval of a contract.
- “Contract Management Plan” means a State Agency’s approved plan for managing its contracts.
- “Contract Manager” – means, with respect to a Statewide Contract, the category specialist responsible for the procurement or such other person as appointed by the Chief Procurement Officer to act as the Contract Manager. “Contract Manager” with respect to an Agency Term Contract shall mean the State Agency official appointed by the State Agency to act as the person responsible for contract management.
- “Contracting Party” means a person or legal entity with the independent legal capacity to contract or sue and be sued that has been awarded a contract through proper authority.
- “Contractor” means an entity that receives a contract as defined in the U.S. Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
“Control” means the possession, directly or indirectly, of the power to cause the direction of the management of an entity, whether through voting securities, by contract, Immediate Family relationship or otherwise.
- “Cooperative Purchasing Agreement” means a written contract procured for the benefit of two or more governmental entities to make purchases of goods or services.
“Cost Allocation Plan” means the method of distributing to various programs the costs which benefit more than one program and are not directly assigned as approved by the Department of Finance and Administration.
“Cost-reimbursement Grant” means a Grant Contract in which one or more payments are made to a Grantee that are limited to reimbursement for actual, reasonable, and necessary costs as determined by the State and in accordance with a State approved Grant Budget.
"Covered State Agency” means a State Agency that is not exempt from the rules and regulations, or policies and procedures of the Central Procurement Office under the provisions of T.C.A. § 12-3-102.
“Cycle (Credit) Limit” means the spending limit that restricts the total value of purchases a Cardholder can make in one billing cycle.
- “Debarment” means excluding a Respondent or Vendor from participation in State procurements or contracts as a Respondent, contractor, or subcontractor, as specified by the Chief Procurement Officer.
- “Delegated Authority” means a written document, approved in accordance with Central Procurement Office Policy that authorizes a State Agency to award a grant, make a loan consistent with a grant, or procure goods or services on behalf of the state.
- “Delegated Grant Authority” means approval given in accordance with Central Procurement Office Policy to a State Agency to issue grants for an individual program within specified limits and guidelines.
“Delegated Loan Authority” means approval given in accordance with Central Procurement Office Policy to a State Agency to loan funds and to enter into loan agreements with Contracting Parties in accordance with a State or federally funded program.
“Delegated Purchase Authority” means the approval given in accordance with Central Procurement Office Policy to a State Agency to purchase goods or services for an individual program, within specified limits and guidelines.
“Delegated State Agency” means a State Agency that, in accordance with Central Procurement Office Policy, has authority to award a grant, make a loan consistent with a grant, or procure goods or services for an individual program within specified limits and guidelines.
- “Department of General Services” means the State department created and empowered by T.C.A. §§ 4-3-1101, et seq.
- “Direct Appropriation Grant” means a grant listed on the Department of Finance and Administration Division of Budget’s annual direct appropriation list.
- “Direct Purchase Order” means a purchase of goods or services in accordance with section 5.4.7. of the Procurement Procedures Manual of the Central Procurement Office.
- “Effective Date of Certification” means the date on which Procurement Commission staff has determined to be the effective date of any approved certification of goods or services.
- “Electronic Signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
- “Emergency Purchases” means a State Agency purchase made during an actual emergency arising from unforeseen causes without the issuance of a competitive solicitation.
- “Employee” means natural persons who are employees of the State of Tennessee and State Agencies.
- “Endowment Grant” means a limited Grant Contract that originates from a specific appropriation, effecting an award and conveyance of funds or property to a Grantee for a particular purpose to benefit the general public as a whole or some population of the general public.
An Endowment Grant is used to transfer funds to a Grantee pursuant to an appropriation.
- “Energy Efficient Products” means those products that meet or exceed applicable Energy Efficiency Standards
- "Energy Efficiency Standards" shall have the meaning set forth in Tenn. Code Ann. § 12-3-905
- “Evaluation Committee” means the committee comprised of persons who will evaluate responses to a Request for Proposal, Request for Information, or Request for Qualifications. All persons serving on an evaluation committee shall be state employees.
- “External Approval” means an approval that is required in addition to a particular State Agency’s intradepartmental approvals in order to procure or purchase goods or services.
External Approval may be required by applicable law, by contract, or by State business processes.
For example, External Approval may include approval from Finance and Administration for IT products and services, the Department of Human Resources for training and staffing, and Finance and Administration, Division of Accounts.
"Fair Market Value” means a price for goods or services at which buyers and sellers with a reasonable knowledge of all pertinent facts, and not acting under any compulsion to buy or sell, are willing to transact business.
"Fair Pricing" means pricing that is mutually acceptable to the parties after considering:
the level of competition within the marketplace
the scope of work at issue,
economies of scale benefits
learning curve costs,
the presence of proprietary, intangible, personal or real property rights at issue,
the scarcity or abundance of manpower and resources, or
The "Fair Pricing" shall be ascertained after benchmarking for time, labor, pricing or deliverables when practicable. Benchmarking shall compare the individual or market basket of goods and services, as applicable, for the contract or amendment at issue in the relevant market place for the relevant period of time.
“Fiscal Director” means that State Agency employee, regardless of his or her particular title, who serves as the Agency’s chief financial officer.
“Fully Executed Contract” means a signed contract that has been duly approved as evidenced by the affixation, or electronic signatures, of all necessary State signatories as required by applicable statutes, rules or Central Procurement Office Policy.
- “Gift" means a voluntary transfer of goods or services to the State made gratuitously and without consideration.
- Essential requisites of a gift are:
- Capacity of the donor to make the gift;
- Intention of the donor to make the gift;
- Completed delivery of the gift to or for the State, and
- Acceptance of the gift by the State.
- Nothing in this Rule shall be construed to mean that the State must accept any gift.
- Essential requisites of a gift are:
"Goods" means all property, including, but not limited to, supplies, equipment, materials, printing, and insurance.
The term "Goods" does not include leases, acquisitions, or disposals of an interest in real property.
"Grant" means any grant of money awarded to the State, or awarded by the State to a person or legal entity, for the furnishing by the State of assistance, whether financial or otherwise, to any person or entity to support a program authorized by law.
The term "Grant" does not include an award with the primary purpose of procuring an end product, whether in the form of supplies, services, or construction, or any contract resulting from such an award that should otherwise be provided on a competitive basis.
“Grant Budget” means a budget itemizing one or more specific activities or purposes under the grant and the maximum amounts a Grantee, a grant recipient or grant subrecipient may be reimbursed.
“Grant Contract” – means a written contract to facilitate an Award to a Grantee or Subrecipient.
"Grant Contract" does not include an Award with the primary purpose of procuring an end product for a Grantor State Agency, whether in the form of supplies, services, or construction, or any contract resulting from such an award that should otherwise be procured on a competitive basis.
"Grant Contract" means a written contract between the federal government, the State, a Grantee, or a Subrecipient that contains the terms and conditions governing the parties’ duties and responsibilities with respect to an Award.
- “Grantee” or “Grant Recipient” means the person or entity awarded a grant.
“Grantor State Agency” means a State Agency that awards a grant to a person or entity.
“Immaterial Defect” means a defect in a response to a solicitation, which is of no substantial consequence, that is capable of correction through supplemental information or a clarifying response. A defect is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the goods or services being procured. Any defect, the correction of which gives a respondent a competitive advantage vis-à-vis other respondents or prejudicial to one or more respondents, shall not be deemed to be an immaterial defect.
“Immediate Family” means a Central Procurement Office or procuring State Agency employee’s spouse, parent, sibling, or child.
“Impaired Objectivity” means when a Person evaluates Responses or contract performance for its own products or services or for the products or services of competitors. Impaired Objectivity can exist where a contract requires the exercise of judgment, and the economic interests of the Person will be harmed through the free and unbiased exercise of that judgment.
“Incentive” means a payment, in addition to that which is required by a contract for minimally required performance, which is explicitly based upon the Contracting Party’s performance at a specified level beyond that which is minimally required.
“Interagency Agreement” means an agreement between two State Agencies, neither of which has the legal capacity to sue and be sued or enter into contracts separate and apart from the State that is reduced to writing, contains an adequate description of the duties of each party, a statement of the term of agreement, and a statement of the maximum amount payable as between the State Agencies.
“Invitation to Bid” means a procurement method where a contract is awarded to one or more bidders.
- “Merchant Category Codes” (“MCCs”) means the specific Merchant Category Code, assigned by an acquiring financial institution, that identifies the primary goods or services a supplier provides.
- “Necessary Contract Provision" means a specific clause that must be included in a contract, except as otherwise allowed by a rule exception granted pursuant to applicable law.
- “No Cost Contract” means a written contract that does not result in a pecuniary obligation between the State and a Contracting Party.
“Notice of Intent to Award” means a State Agency’s written notice to a respondent of a solicitation that the evaluation is complete, that names the respondent who is considered for award, and states that the procurement file is open for public inspection.
“Non-responsive” means a person who has submitted a response to a solicitation that fails to conform in all material respects to the solicitation’s requirements.
- "Online Banking Program” means the Bank’s online portal that provides Cardholders, State Agency P-Card Program Coordinators, and the Statewide P-Card Program Administration Team the ability to view and download statement information, update and manage accounts, set limits and permissions, reset passwords, and process Cardholder requests.
"Organizational Conflict of Interest” means, as to Procurements, contracts or proposed contracts with the State, a circumstance arising out of a Contracting Party’s existing or past activities, business or financial interests, Immediate Familial relationships, contractual relationships, or organizational structure (e.g., parent entities, subsidiaries, Affiliates, etc.) that results in:
Impaired Objectivity of a Contracting Party;
An Unfair Competitive Advantage for any Respondent with respect to a Procurement;
- Biased Ground Rules or;
- Impropriety, as determined by the Chief Procurement Officer, with respect to any of the State's Procurement or contracts.
- “Parties” means the State, acting by and through one or more of its agencies, and any person or legal entity, with the legal capacity to enter into contracts and sue and be sued, who is a party to a contract.
“P-Card Account” means the unique account number assigned to a Cardholder as determined by the Bank.
“P-Card Program” means the program established by the State and managed by the Central Procurement Office whereby cardholders and virtual P-Card users make purchases on behalf of the State of Tennessee.
“Performance Bond” means a surety bond issued by an insurance company or bank to secure a Contracting Party’s performance of a contract.
"Person” means a natural person or legal entity with the legal capacity to enter into contracts or sue and be sued.
“Personnel” means all employees, evaluators or subject matter experts, whether or not an employee of the Central Procurement Office, a Covered State Agency, or the State, involved in drafting Solicitations, evaluating Responses, providing advice or assistance in connection with evaluating Responses, or awarding contracts pursuant to a Procurement on behalf of the Central Procurement Office or a Covered State Agency.
"Procurement" means the act of buying, purchasing, renting, leasing, or otherwise acquiring any goods or services covered by the Rules of the Department of General Services Central Procurement Office. It also includes all functions that pertain to the obtaining of any goods or services, including the description of requirements, selection and solicitation of sources, preparation and award of a contract, and all phases of contract administration.
“Procurement Commission” means the State entity created and empowered by Tenn. Code. Ann. § 4-56-102.
“Procurement Commission Staff” means of the Chief Procurement Officer, staff of the Central Procurement Office as designated by the Chief Procurement Officer, and such other staff as designated by each Procurement Commission member.
“Procurement Professional” means an employee of the Central Procurement Office or a State Agency who has a meaningful role in the procurement of goods or services
By way of example only, a procurement professional may include a contract administrator, a solicitation coordinator, or a market analyst.
“Procuring Agency” means the departments, agencies, and entities of the State of Tennessee which make requisitions for or procure goods or services.
“Pro Forma Contract” means the form of contract that is attached to a solicitation that each awarded respondent is required to sign, absent negotiation as set forth in the solicitation.
“Proposal” means a proposer’s response to a Central Procurement Office’s or Delegated State Agency’s solicitation for goods or services.
“Proposal Bond” means a surety bond issued by an insurance company, bank, or other financial institution to ensure that the winning proposer will enter into a contract.
"Proposer" means any person or legal entity with the legal capacity to enter into contracts and sue and be sued who responds to a written solicitation for goods or services issued by the Central Procurement Office or a Delegated State Agency.
“Proposer” expansively includes a “bidder” or “proposer” that is a person or legal entity that has properly registered as required by the State. The terms “bidder” and “proposer” may be used interchangeably for the term “proposer”.
“Proprietary” means a good or service that is used, produced, or marketed under exclusive legal right of the inventor, maker, or service provider that is protected under trade secret, patent, trademark, or copyright law.
“Proprietary Procurement” means a procurement of a service or a product that is manufactured and marketed by a person or persons having the exclusive right to provide the service or manufacture or sell the product.
“Protest” means a written complaint filed by an aggrieved party in connection with a solicitation or award of a contract by the Central Procurement Office.
“Protest Committee” means the committee created and empowered under Tenn. Code. Ann. § 4-56-103.
“Purchase Order” means a document issued by the Central Procurement Office or a State Agency to a Contracting Party authorizing a purchase.
Upon delivery to the Contracting Party, a "purchase order" becomes a binding contract on both parties.
“Purchasing Card” or “P-Card” means a commercial card that allows organizations to take advantage of the existing credit card infrastructure to make electronic payments for goods or services.
A P-Card is similar to a consumer credit card, but the card-using organization must pay the card issuer in full each month.
“Purchasing Card Profile” means the unique profile associated with a Cardholder that contains monetary or Merchant Category Codes (MCC) limits on the Cardholder’s ability to make purchases on behalf of the State.
- “Qualified Respondents” mean the Respondents that are selected to be within the Competitive Range.
- “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Request for Information” (“RFI”) means a solicitation sent to a broad base of potential suppliers for the purpose of developing strategy, building a database, or preparing for a Request for Proposals or a Request for Qualifications.
“Request for Proposals” (“RFP”) means a written solicitation for written proposals to provide goods or services to the State.
“Request for Qualifications” (“RFQ”) means a written solicitation containing a list of qualifications that must be met before a vendor may propose in response to a Request for Proposals.
A written response from a vendor is the appropriate response to a Request for Qualifications.
"Respondent” means a natural person or legal entity with the capacity to contract or sue and be sued who has submitted a written response to a solicitation.
“Response” means a written response to a solicitation for goods or services.
“Responsible” with respect to a Respondent or a Proposer means a person who has the capacity in all material respects to perform fully the contract requirements, and the integrity and reliability that will assure good faith performance.
“Responsive” with respect to a Respondent or a Proposer means a person who has submitted a proposal, which conforms in all material respects, to the terms of a Solicitation.
“Revenue Contract” means a written contract obligating a State Agency to provide specific deliverable services for monetary compensation.
“Reverse Auction” shall have the meaning set forth in Tenn. Code Ann. § 12-3-513.
“Review Process” means the procedures utilized by the Central Procurement Office when approving or disapproving contracts.
“Rule Exception” means a request to relax the strict application of certain requirements of these Rules or applicable statute as allowed by applicable law.
“Rules” means the Comprehensive Rules and Regulations concerning the procurement of goods and services adopted by the Procurement Commission of the State of Tennessee.
- “Scope of Work” means a detailed, written description of the conceptual requirements for the goods or services that are the subject of the procurement. The scope of work should detail what is required of the party to whom a contract award is made.
- “Sealed Proposal” means a respondent’s proposal, which is delivered to the State in a sealed envelope in response to the Central Procurement Office’s or a State Agency’s solicitation.
"Services" means all personal, professional, and consulting services and agreements procured by the State and formalized by contract.
“Signature” or “signed” includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed.
“Single Transaction Limit” (“STL”) means the maximum dollar limit, per purchase transaction, that can be assigned to the physical P-Card. The STL is assigned per Cardholder at the discretion of the Fiscal Director. This Policy establishes the STL for the designated State Agency Central Fiscal Office P-Card as up to fifty thousand dollars ($50,000) and for all other physical P-Cards as up to ten thousand dollars ($10,000) without Statewide P-Card Program Administrator approval.
“Software as a Service” (“SaaS”) means a method of software deployment whereby applications are owned, delivered, and managed remotely by one or more providers over the Internet or an intranet, and licensed to customers as an on-demand service through a usage-based model sometimes called a “subscription schedule.”
SaaS, however, shall not be treated as a Subscription as that term is defined by the State.
“Sole Source Procurement” means a procurement for which only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation, such as technical qualifications, ability to deliver at a particular time, or services from a public utility or a situation where a particular supplier or person is identified as the only qualified source available to the requisitioning authority.
"Solicitation” means a written document that facilitates the award of a Contract to Contracting Parties for goods or services.
Examples of solicitations include, but are not limited to, an Invitation to Bid, a Request for Information, a Request for Proposals and a Request for Qualifications.
“Solicitation Coordinator” means the procurement professionals within the Central Procurement Office or State Agencies who act as the primary points of contact and manage the procurement.
Only those State Agency procurement professionals who have gone through training and certification by the Central Procurement Office may act as a Solicitation Coordinator.
“Special Delegated Authority for a Declared Disaster” means approval given by the Chief Procurement Officer and the Comptroller of the Treasury to the Tennessee Emergency Management Agency to execute grant contracts related to a specific federal or state declared disaster.
“Special Request” means the purchase of goods or services within the scope of a Contract that is not specified within Edison.
“Special Procurement” means a contract procurement without a solicitation, or an amendment to an Original Contract, where the Chief Procurement Officer has determined that the goods or services involve, by way of example only:
Equipment or Service for which there is no comparably competitive product;
Public utility services from natural or regulated monopolies;
A component or replacement part or service for which there is no commercially available substitute and which can be obtained only direct from the manufacturer or provider;
An item where compatibility is the overriding consideration (e.g. computer operating software or hardware enhancements for an existing system);
The ability of a vendor to meet a necessary condition dictated by unique circumstances (e.g., the need for immediate delivery or repairs at a particular location or emergency situations); or
Competitive alternatives that are impractical, or will be to the detriment of the State of Tennessee.
“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.
"State" means the State of Tennessee, including its departments, agencies, and entities that fall under its purview.
“State Agency” means the departments, agencies, and entities of the State of Tennessee.
“State Agency Approver” means the State Agency Employee who approves P-Card or Virtual P-Card Transactions.
“State Agency P-Card Program Coordinator” means the employee within the State Agency who manages the P-Card Program at the State Agency level.
“State Agency Reconciler” means the State Agency employee responsible for all the functions associated with post-purchase processing P-Card Transactions including account allocation and providing a business purpose when required.
“State Architect” means the person who oversees the Office of the State Architect.
“State Building Commission” or “SBC” means the entity created pursuant to Tenn. Code Ann. § 4-15-101.
“Statewide P-Card Program Administration Team” means the team within the Central Procurement Office that is responsible for overseeing the P-Card Program.
“Statewide P-Card Program Administrator” means the employee within the Central Procurement Office who is responsible for managing and overseeing the P-Card Program.
“Statewide Contract” means a contract for goods or services established by the Chief Procurement Officer that all State Agencies must utilize and that may be used by Tennessee local governments- The board of trustees of the University of Tennessee system, the Tennessee board of regents system, the state university boards; private nonprofit institutions of higher education charted in Tennessee; or any corporation which is exempted from taxation under 26 U.S.C. § 26 U.S.C. 501(c)(3) and which contracts with the Department of Mental Health and Substance Abuse Services or the Department of Intellectual and Developmental Disabilities to provide services to the public (Tenn. Code Ann. § 33-2-1001).
“Subrecipient” is as defined in Office of Management and Budget (OMB) Circular A-133.
"Subrecipient" means a non-federal entity that receives an Award from a pass-through entity to carry out part of a federal or state program; but does not include an individual that is a beneficiary of such program.
- A Subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.
“Subscription ” means expenditures, user fees, or other charges by departments, agencies, and entities of the State of Tennessee for:
1. Newspaper, magazines, periodicals, books, films, instructional videos, read-only data, or other publications (i.e., any publication printed, microfilmed, photocopied, or otherwise recorded for auditory or visual use), including trade, business, professional, or other technical periodicals; or
2. Access to such publications in their online or digital form, including access by means of a vendor-provided application that is necessary for or facilities use of publications or data.
A subscription does not include SaaS licenses or agreements, or any other service, even when the payment methodology is called a "subscription schedule".
A subscription is not a limited-time license.
“Supplier” means a person or legal entity identified in Edison who has the legal capacity to enter into contracts and sue and be sued who supplies goods or services to the State through a contract or a purchase order.
A "Supplier" includes all persons or legal entities referenced as "vendors" in this Glossary.
“Suspension” means a temporary or limited exclusion of a Respondent or Vendor from participation in State procurements or contracts as a Respondent, contractor, or subcontractor, pending completion of a State investigation or administrative or judicial proceedings, as specified by the Chief Procurement Officer.
- "Target Pricing” means a negotiation tool whereby the State provides respondents with the price the State expects to pay for a good or service.
"Tennessee Central Nonprofit Agency” means the agency designated by the Committee [the advisory committee for purchase from the blind and other severely disabled] to facilitate the distribution, by direct allocation, subcontract or any other means, of orders from state government for commodities and services on the procurement list among work centers for the blind and agencies serving individuals with severe disabilities.
“Term Contract” means a contract for goods or services in which a source or sources of supply are established for a specified period of time at an agreed upon price or prices.
“Transaction” means the purchase of goods or services through use of a P-Card or Virtual P-Card.
“TRICOR” Tennessee Rehabilitative Initiative in Correction- produces, assembles or manufactures products with the labor of convicts confined within institutions or elsewhere employed within the State.
“Unfair Competitive Advantage” means a situation that exists when a Person competing for the award of a contract has obtained:
Access to proprietary or confidential State information, or other State information that is not available to the public or other Respondents, and that would assist Respondents in responding to a Solicitation or in obtaining the contract; or
Scoring criteria or points allocation information, or other source selection information, that is relevant to the contract but is not available to all Respondents to a Solicitation and that would assist the Respondents in responding to a Solicitation or in obtaining the contract.
“Utility Contract” – means a contract for telephone, telegraph, electric light, gas, power, postal, and other services for which a rate for the use thereof has been established by a public authority.
- “Vendor” means a person or legal entity with the legal capacity to enter into contracts and sue and be sued who provides goods or services to the State through a contract or a purchase order.
- “Virtual Purchasing Card” or “Virtual P-Card” means the unique credit card account number, embedded within Edison, which is assigned to a State Agency for payment of suppliers authorized to accept P-Card as the form of payment for approved Edison purchase orders.
“Virtual P-Card User” or “User” means the State Agency employee who has a buyer or e-procurement role in Edison, has undergone training on reconciliation, and is authorized to use a Virtual P-Card to initiate payment transactions on behalf of the State.
"Work Center” for the blind– shall have the meaning set forth in Tenn. Code Ann. § 71-4-702(9). Which means any agency that:
(A) Is organized under the laws of the state, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;
(B) Complies with the applicable occupational health and safety standards prescribed by the secretary of labor of the United States;
(C) In the production of commodities and the provision of services, whether or not the commodities or services are procured as provided in this part, during the fiscal year employs blind individuals for a minimum of seventy-five percent (75%), or in accordance with the percentage of direct labor required under the terms and conditions of the Javits-Wagoner-O'Day Act, P.L. 92-28, compiled in 41 U.S.C. § 46 et seq., or whichever is lesser, of the man-hours of direct labor required for the production or provision of commodities or services; and
(D) Meets the criteria for determining nonprofit status under title 48, chapter 51, part 1, and is registered in good standing with the office of the secretary of state.