The Public Procurement Rules 2008 - LGED

The Public Procurement Rules 2008 - LGED The Public Procurement Rules 2008 - LGED

16.01.2015 Views

(9) "Conflict of Interest" means any situation where personal or business interests of any Person in a public Procurement transaction would adversely affect the interest of a Procuring Entity in achieving economy, efficiency, transparency, fairness and equal treatment of Tenders or Proposals; (10) "Consultant" means a Person under contract with a Procuring Entity for providing intellectual and professional services; (11) "Contractor" means a Person under contract with a Procuring Entity for the execution of any Works under the Act; (12) "Contract Price" is the price stated in the Notification of Award and thereafter as adjusted in accordance with the provisions of the Contract. (13) "CPTU" means the Central Procurement Technical Unit, established by the in the Implementation Monitoring and Evaluation Division of the Ministry of Planning, for carrying out the purposes of the Act and these Rules; (14) "Days" means calendar days unless otherwise specified as working days; (15) "Dayworks" means work carried out following the instructions of the Procuring Entity or the authorised project manager and is paid for on the basis of time spent by the Contractor’s workers and equipment at the rates specified in the Bill of Quantities (BOQ), in addition to payments for associated Materials and Plant; (16) "Defect" is any part of the Works not completed in accordance with the Contract; (17) "Defects Correction Certificate" is the certificate issued by Project Manager upon correction of defects by the Contractor; (18) "Defects Liability Period" is the period named in the Contract and calculated from the Completion Date; (19) "Delegation of Financial Powers" means the instructions with regard to the delegation of financial authority, issued by the from time to time, relating to the conduct of public Procurement or sub-delegation of financial powers under such delegation; (20) “Delegated Procurement” means a procurement undertaken by a specialised Procuring Entity on behalf of a Ministry, Division, Department or Directorate when the beneficiary entity delegates the task to such Procuring Entity. (21) “e-GP” means procurement by a Procuring Entity using electronic processing systems. (22) "Evaluation Committee" means a Tender or a Proposal Evaluation Committee constituted under Section 7 of the Act; (23) "Evaluation Report" means the report prepared after the evaluation of s, Tenders, Quotations, Expressions of Interest or Proposals; (24) "Force Majeure" means an event or situation beyond the control of the Contractor, a Supplier or Consultant that is not foreseeable, is unavoidable, and its origins not due to negligence or lack of care on the part of the Contractor; such events may include, but not be limited to, acts of the Government in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes; (25) "Form" or "Format" means a form or a format appended to these Rules and to the standard Documents issued there under; 10

(26) "Framework Contract" means a contract, effective for a given period of time, between one or more Procuring Entities and one or more Suppliers, establishing the terms governing the Procurement of Goods and related Services, with regard to price, and, where appropriate, the quantity or quantities envisaged; (27) "Goods" means raw materials, products and equipment and objects in solid, liquid or gaseous form, electricity, and related Services if the value of such Services does not exceed that of the Goods themselves; (28) "Head of the Procuring Entity" means the Secretary of a Ministry or a Division, the Head of a Government Department or Directorate; or the Chief Executive, by whatever designation called, of a local Government agency, an autonomous or semi-autonomous body or a corporation, or a corporate body established under the Companies Act; (29) "Intellectual and Professional Services" means Services performed by Consultants with outputs of advisory, design, supervision or transfer of a knowhow nature; (30) "Intended Completion Date" is the date on which it is intended that the Contractor shall complete the Works as specified in the Contract and may be revised only by the Project Manager by issuing an extension of time or an acceleration order; (31) "in writing" means communication written by hand or machine duly signed and includes properly authenticated messages by facsimile or electronic mail; (32) "Multiple Dropping" means submitting Tenders to more than one place as designated by the Procuring Entity; (33) "Opening Committee" means a Tender Opening Committee (TOC) or a Proposal Opening Committee (POC) constituted under Section 6 of the Act; (34) "Person" means and includes an individual, body of individuals, sole proprietorship, partnership, company, association or cooperative society that wishes to participate in Procurement proceedings; (35) "Physical Services" means the following services with measurable outputs, either- (a) linked to the supply of Goods or execution of Works such as operation and maintenance of facilities or plant, surveys, exploratory drilling, or (b) stand-alone service type contracts such as security services, catering Services, geological Services or third party Services; (36) "Pre-Qualification" means a procedure for demonstrating qualifications as a pre-condition for being invited to Tender; (37) "Primary place" means the office of the Procuring Entity where all Tenders shall be received and opened; (38) "Procurement" means the purchasing or hiring of Goods, or acquisition of Goods through purchasing and hiring, and the execution of Works and performance of Services by any contractual means; (39) "Procuring Entity" means a Procuring Entity having administrative and financial powers to undertake Procurement of Goods, Works or Services using public funds; (40) "Project Manager" is the person named in the Contract or any other competent person appointed by the Procuring Entity and notified to the Contractor who is responsible for supervising the execution of the Works and administering the Contract; 11

(26) "Framework Contract" means a contract, effective for a given period of time,<br />

between one or more Procuring Entities and one or more Suppliers,<br />

establishing the terms governing the <strong>Procurement</strong> of Goods and related<br />

Services, with regard to price, and, where appropriate, the quantity or<br />

quantities envisaged;<br />

(27) "Goods" means raw materials, products and equipment and objects in solid,<br />

liquid or gaseous form, electricity, and related Services if the value of such<br />

Services does not exceed that of the Goods themselves;<br />

(28) "Head of the Procuring Entity" means the Secretary of a Ministry or a<br />

Division, the Head of a Government Department or Directorate; or the Chief<br />

Executive, by whatever designation called, of a local Government agency, an<br />

autonomous or semi-autonomous body or a corporation, or a corporate body<br />

established under the Companies Act;<br />

(29) "Intellectual and Professional Services" means Services performed by<br />

Consultants with outputs of advisory, design, supervision or transfer of a knowhow<br />

nature;<br />

(30) "Intended Completion Date" is the date on which it is intended that the<br />

Contractor shall complete the Works as specified in the Contract and may be<br />

revised only by the Project Manager by issuing an extension of time or an<br />

acceleration order;<br />

(31) "in writing" means communication written by hand or machine duly signed<br />

and includes properly authenticated messages by facsimile or electronic mail;<br />

(32) "Multiple Dropping" means submitting Tenders to more than one place as<br />

designated by the Procuring Entity;<br />

(33) "Opening Committee" means a Tender Opening Committee (TOC) or a<br />

Proposal Opening Committee (POC) constituted under Section 6 of the Act;<br />

(34) "Person" means and includes an individual, body of individuals, sole<br />

proprietorship, partnership, company, association or cooperative society that<br />

wishes to participate in <strong>Procurement</strong> proceedings;<br />

(35) "Physical Services" means the following services with measurable outputs,<br />

either-<br />

(a) linked to the supply of Goods or execution of Works such as operation and<br />

maintenance of facilities or plant, surveys, exploratory drilling, or<br />

(b) stand-alone service type contracts such as security services, catering Services,<br />

geological Services or third party Services;<br />

(36) "Pre-Qualification" means a procedure for demonstrating qualifications as a<br />

pre-condition for being invited to Tender;<br />

(37) "Primary place" means the office of the Procuring Entity where all Tenders<br />

shall be received and opened;<br />

(38) "<strong>Procurement</strong>" means the purchasing or hiring of Goods, or acquisition of<br />

Goods through purchasing and hiring, and the execution of Works and<br />

performance of Services by any contractual means;<br />

(39) "Procuring Entity" means a Procuring Entity having administrative and<br />

financial powers to undertake <strong>Procurement</strong> of Goods, Works or Services using<br />

public funds;<br />

(40) "Project Manager" is the person named in the Contract or any other<br />

competent person appointed by the Procuring Entity and notified to the<br />

Contractor who is responsible for supervising the execution of the Works and<br />

administering the Contract;<br />

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