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The Public Procurement Rules 2008 - LGED

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(9) "Conflict of Interest" means any situation where personal or business<br />

interests of any Person in a public <strong>Procurement</strong> transaction would adversely<br />

affect the interest of a Procuring Entity in achieving economy, efficiency,<br />

transparency, fairness and equal treatment of Tenders or Proposals;<br />

(10) "Consultant" means a Person under contract with a Procuring Entity for<br />

providing intellectual and professional services;<br />

(11) "Contractor" means a Person under contract with a Procuring Entity for the<br />

execution of any Works under the Act;<br />

(12) "Contract Price" is the price stated in the Notification of Award and thereafter<br />

as adjusted in accordance with the provisions of the Contract.<br />

(13) "CPTU" means the Central <strong>Procurement</strong> Technical Unit, established by the in<br />

the Implementation Monitoring and Evaluation Division of the Ministry of<br />

Planning, for carrying out the purposes of the Act and these <strong>Rules</strong>;<br />

(14) "Days" means calendar days unless otherwise specified as working days;<br />

(15) "Dayworks" means work carried out following the instructions of the Procuring<br />

Entity or the authorised project manager and is paid for on the basis of time<br />

spent by the Contractor’s workers and equipment at the rates specified in the<br />

Bill of Quantities (BOQ), in addition to payments for associated Materials and<br />

Plant;<br />

(16) "Defect" is any part of the Works not completed in accordance with the<br />

Contract;<br />

(17) "Defects Correction Certificate" is the certificate issued by Project Manager<br />

upon correction of defects by the Contractor;<br />

(18) "Defects Liability Period" is the period named in the Contract and calculated<br />

from the Completion Date;<br />

(19) "Delegation of Financial Powers" means the instructions with regard to the<br />

delegation of financial authority, issued by the from time to time, relating to the<br />

conduct of public <strong>Procurement</strong> or sub-delegation of financial powers under<br />

such delegation;<br />

(20) “Delegated <strong>Procurement</strong>” means a procurement undertaken by a specialised<br />

Procuring Entity on behalf of a Ministry, Division, Department or Directorate<br />

when the beneficiary entity delegates the task to such Procuring Entity.<br />

(21) “e-GP” means procurement by a Procuring Entity using electronic processing<br />

systems.<br />

(22) "Evaluation Committee" means a Tender or a Proposal Evaluation<br />

Committee constituted under Section 7 of the Act;<br />

(23) "Evaluation Report" means the report prepared after the evaluation of s,<br />

Tenders, Quotations, Expressions of Interest or Proposals;<br />

(24) "Force Majeure" means an event or situation beyond the control of the<br />

Contractor, a Supplier or Consultant that is not foreseeable, is unavoidable,<br />

and its origins not due to negligence or lack of care on the part of the<br />

Contractor; such events may include, but not be limited to, acts of the<br />

Government in its sovereign capacity, wars or revolutions, fires, floods,<br />

epidemics, quarantine restrictions, and freight embargoes;<br />

(25) "Form" or "Format" means a form or a format appended to these <strong>Rules</strong> and<br />

to the standard Documents issued there under;<br />

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