Active Contract Files
Records of the entire procurement proceedings that are still open and with the contract still in progress. Maintenance, retention and disposal of procurement and contract records are governed by the public procurement legal and regulatory framework or other relevant law.
A payment to a supplier, contractor or services provider done prior to the commencement of the contract. It is requested by the selected bidder and needs a bank guarantee or bond. The amount is dependent on the agreement between the parties and/or any limitations set in the public procurement legal and regulatory framework.
Advance Payment Guarantee
A bond or bank guarantee the supplier, contractor or service provider is required to provider to the client as a security so that the client is able to recover the advance payment in the event of the bidder’s default.
Approval or Approving Authority (see also Tender Board)
The authority to approve all procurement actions, and documents produced throughout the procurement process including contract negotiations, award and those actions and documents generated during the contract administration process. Depending on the public procurement legal framework, approval authority may be delegated to a tender board.
Bid (same as Offer, Proposal, Quotation and Tender)
A response from a supplier, contractor or service provider to a solicitation request that, if recommended for award, would bind the supplier, contractor or service provider to perform in accordance with the contract.
An obligation, usually assured by a bank or other third party, to release the bid security amount to the client if the selected bidder fails to sign the contract.
The opening and public reading of all bids received, at a designated date and time stipulated in the solicitation documents. The bid opening event is a formal process where bidders are invited to attend, the bids prices are read out and bids are examined for compliance with the submission requirements of the solicitation documents.
A monetary assurance guaranteed by a bank or other third party that (i) if the bidder withdraws his bid prior to the end of the bid validity period or, (ii) refuses to sign the contract if selected, the bidder will automatically forfeit the bid security amount to the client. The bid security guarantee is determined and stipulated by the client, including the bank from which the bid security guarantee is issued.
A certification from a bidder of the period of time their bid can be considered valid. After this period, the bidder is at liberty to change their bid price if the contract is not signed by the last date of the bid validity period.
Bid Validity Period.
The period within which a bidder’s offer is considered legally binding. After this period, the bidder is at liberty to change their bid if the contract has not been signed.
(same as Tender Documents and Solicitation Documents)
A set of documents issued by the procuring entity, inviting offers (bids, proposals or quotations) for the selection of suppliers, contractors or service providers to fulfill specific requirements.
Buyer refers to an individual making purchases on behalf of an entity. I can also refer to the entity itself that is responsible for the purchases. A procuring entity is essentially a buyer, and the procurement specialist working for the procuring entity are also considered buyers, so the meaning of the term buyer depends on the context within which it is used.
Civil Works Procurement
One of the principal public procurement categories, besides goods and services. Its principal characteristic is the construction and renovation of infrastructure. The contract is usually undertaken by firm because a tem of individuals is needed to complete the required tasks.
One of the parties to the contract. The one with the requirement that needs to be fulfilled. Also called: “employer”, “buyer” or “purchaser”.
A procurement category focusing on the hiring of firms or individuals to provide services that are primarily intellectual in nature. Studies, training, advice, etc.
The surveillance, monitoring and reporting of the performance of suppliers, contractors and service providers for compliance with the terms and conditions of a contract from the point at which the contract is signed up until it is either terminated or completed on the date specified in the original contract or by way of a variation (amendment) to the contract.
The process undertaken to confirm and ensure that all deliverables and payments under a contract have been made and that all the records on file are complete. This action is also taken to make the specific procurement record inactive and ready for electronic and/or physical storage. The storage of completed procurement records should be done preferably ones they have been audited.
Is the same as the effective date of the contract. The date on which the contractor, supplier or services provider is obliged to begin work on the contract.
The date all deliverables under a contract must be satisfied. The date agreed in the contract is the one reflected in the initial contract or the one superseded through an amendment to the original contract completion date. The successful completion of the contract marks the end of the agreement between the parties, unless the defects liability, guarantee or warranty period is still in effect.
Contract Effective Date
The same as the contract commencement date.
Marks the date of entry into force of a contract, making it legally binding between the parties to the contract.
The cessation of all activities under the contract resulting from unforeseen events, breach if the contract terms and conditions or mutual agreement between the parties to the contract. This cessation may be temporary, leading to the resumption of contract execution leading to contract completion or may lead to the eventual termination of the contract for default, convenience or due to Force Majeure.
The permanent cessation of work under a contract resulting from unforeseen events, breach if the contract terms and conditions or mutual agreement between the parties to the contract.
An oral or written report to bidders that were not awarded the contract. Depending on the procurement legal framework, this report is done after the conclusion of a procurement process, and it should inform bidders of the details of the evaluation of their bids or proposals. This report should identify the strengths and weaknesses of the bids or proposals. It is also issued upon request.
Is the legal responsibility that a contractor has to repair and/or cover the cost of any defects found in a completed or renovated infrastructure works. This responsibility last only for a period of time stipulated in the contract.
Defects Liability Guarantee
A sum of money belonging to the contractor, usually ten percent of the contract value, that is retained by the client, or is replaced with a bank guarantee for the same amount, which the client has the right to use if the contractor fails to repair any damages found in the completed or renovated infrastructure during the defects liability period as stipulated in the contract.
Defects Liability Period
The time frame in which the contractor of a completed or renovated infrastructure works has the responsibility to repair or cover the cost of any defects discovered in the infrastructure. This period is stipulated in the contract and can be a year or more. The defects liability guarantee is retained by the client for the duration of the defects liability period.
Effective Date of the Contract
The effective date of the contract is the same as the contract commencement date.
An unforeseen event or condition that is not caused by, or could not be prevented by any of the parties to the contract, but which resulted in delay or suspension of execution of the contract. A Force Majeure event could lead to the termination of the contract, but would not be considered breach of contract by either party.
One of the principal procurement categories. Any physical item or a combination of an item with a service where the item is the principle product being procured. An example is the procurement of furniture or vehicles, where on the one hand there is need for assembling and installing the furniture, and on the other periodic servicing, repair and/or maintenance of the vehicles.
A term primarily used in project procurement. It is the entity responsible for managing a specific project activity. The implementing entity is also the requesting entity, responsible for preparing the activity procurement plan, requesting a specific procurement action, participating in the development of the terms of reference and specifications of its requirements and also taking part in the administration of the contract once awarded. The implementing entity should have representation on the evaluation panel and during the negotiations of the contract for its requirements.
Inactive Contract Files
Records of contracts that have reached their contract completion date, have been terminated, or the period in which they are to remain active has already passed. The period of time a contract records can remain active or inactive is determined either by the procurement legal and regulatory framework or other government regulation. Once contracts reach the end of their active life, they are usually kept in storage for another stipulated period of time; however, they could also be kept electronically, almost indefinitely.
One of the main procurement categories that exclusively deal with construction, refurbishment, demolition and rebuilding of infrastructure. This includes: buildings, bridges, roads, utilities, etc. (see also Works).
A meeting scheduled to take place soon after the contract is signed and before contract commencement, where the parties to the contract meet to introduce the principal representatives on each side and to discuss details of contract execution, including other issues pertaining to the contract deliverables.
The producer of the goods delivered to the client by the supplier. Sometimes the manufacturer is also the supplier.
The period of time between the signing of the contract and the contract commencement date. This period is given to the contractor to begin executing the contract scope of work.
Same as Bid.
Those involved in the signing of the contract and having rights and responsibilities towards each other. The Parties comprise, on the one hand, the client, and on the other the supplier, contractor or service provider.
A sum of money retained from payments to a contractor, supplier or service provider, or provided to the client in advance by way of a bank guarantee that is acceptable to the client. The sum of the performance guarantee is usually 10 percent of the contract value and is returned to the contractor supplier or service provider at the end of the satisfactory completion of the contract. The conditions under which the client can retain of the performance security are detailed in the contract and in the performance security (bank) guarantee.
The process of verifying all statements made in the selected bidder’s offer in order to determine compliance with legal, financial and technical requirements of the solicitation documents.
An assessment, made before inviting bids or proposals, of the level of experience and capacity of firms expressing interest in undertaking a particular contract. Upon conclusion of the pre-qualification process, bids or proposals are solicited only for firms shortlisted as a result of the pre-qualification exercise.
There are three main procurement categories: Goods, Services and Works. Under goods suppliers provide commodities (supplies and/or equipment). Services are consulting and non-consulting services, and works are for rehabilitation, repair or construction of infrastructure.
An appointed public body engaged and responsible for the purchasing and awarding contracts for goods, services and works. Same as Procuring Entity.
The timeframe from the issuing and/or publication of the solicitation documents to the point at which the contract is signed by the parties.
Procurement Legal and Regulatory Framework
Comprises all laws, regulations and guidelines that govern the management and practice of public procurement.
Procedures used to procure goods, services and works. Some methods are competitive; others, non-competitive. There is a preference for using competitive procurement methods.
The primary values that govern the management of public procurement. They also guide the conduct of public procurement practitioners and other actors and stakeholders involved in the public procurement process.
A formal request to begin procurement proceedings to fulfill a specific procurement requirement.
Same as Procurement Entity.
Same as Bid.
The period of time within which a proposal submitted by a firm, in response to a request for proposals, must remain unchanged. After this period, if the contract has not been awarded, the firm is at liberty to change both the technical and/or financial proposals. Any attempt by the firm to change its proposal before the end of the proposal validity period is unacceptable and may result in the rejection of the proposal.
The purchasing of goods, services and works with public funds to support government operations and/or provide public goods and services.
The client, party responsible for the payment of the goods services or works procured.
The entity for which a specific procurement action is being carried out.
Scope of Services
Describes the services required and that need to be carried out in order to fulfill the contract requirements.
Scope of Work
Describes the works required and that need to be carried out in order to fulfill the contract requirement. Similar to the scope of services.
Bidder recommended for contract award as a result of the evaluation of bids received in response to an invitation for bids.
Consultant firm or individual recommended for contract award of as a result of the evaluation of proposals or applications received in response to a request for offers.
One of the primary procurement categories that deal with all types of consultant and non-consultant services.
Firm or individual engaged the client to fulfill a service requirement (consultant or non-consultant).
See Bidding Documents
Statement of Work
See also Scope of Work
A firm or other entity engaged by the selected bidder to carryout a portion of the contract requirement. A sub-contractor is usually responsible only to the contractor that signed the contract with the client. Also called sub-consultant when referring to firms contracted by the selected consultant to fulfill part of a consultancy requirement.
See Selected Bidder.
The entity with which the client reaches an agreement to fulfill a requirement for goods and/or services, on a one-off basis or over a definite or indefinite period.
Describes the details of the required good and/or related services in a contract in such as manner that the contractor, supplier or services provider can easily understand and determine their capability to fulfill the requirement.
Same as Bid.
An entity created by law to oversee the public procurement process and to ensure that all public procurement activities are carried out in accordance with the public procurement principles and legal and regulatory framework.
A receptacle or container used for receiving tenders (bids/proposals). The use of the tender box for receiving tender submissions is dependent on the legal and regulatory framework stipulations. There a two types of tender boxes: electronic and physical.
Same as Bidding Documents and Solicitation Documents.
Terms of Reference
A document describing the details of a requirement for consultant services. It includes, as a minimum, the background and objectives of the assignment, tasks to be completed, personnel requirement and qualifications, and duration and location of the assignment.
Same as Supplier
Same as Infrastructure Works.