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The definitions of the various terms having specified meaning within the context of Public Procurement Rules 2008 are defined in the Rule 2.

To understand the intended meanings of the rules of PPR, you need to know the meaning of the terminologies defined in PPR. Otherwise, you may lead to wrong interpretation of a rule. Following 59 terms have been defined in Rule 2 of PPR 2008:
  1. "Act" means The Public Procurement Act, 2006 (Act number 24 of 2006);
  2. "Administrative Authority" means the concerned Procuring Entity (PE), Head of the Procuring Entity (HOPE) and Secretary of the Ministry or Division respectively;
  3. "Advertisement" means an advertisement published under Section 40 of the Act in local/national/international newspapers, websites or any other mass media with a view to wide publicity among the potential tenderers;
  4. "Applicant" means a Person who seeks to become enlisted under the Limited Tendering Method (LTM) under Section 32(a) of the Act or to be pre-qualified in response to an Invitation for Pre-Qualification under Part-2 of Chapter Six of the Act, or to be short-listed in response to a request for Expression of Interest (EOI) under Section 54 of the Act ;
  5. "Approval Procedures" means the approval process and steps of a Tender or a Proposal as detailed in the Rule 36 of PPR 2008;
  6. "Approving Authority" means the competent authority who has legal power to approve the award of contract for the Procurement of Goods, Works or Services in accordance with the Delegation of Financial Powers (DOFP) issued by the Finance Division;
  7. "Code of Ethics" means the set of conditions and provisions which a Person shall abide while participating in public Procurement. This code is known as the Code of Ethics for Public Procurement, 2007. This Code shall apply to all Persons, whether they are directly or indirectly involved in public procurement activities;
  8. "Completion Date" is the date of completion of the Works as certified by the Project Manager;
  9. "Conflict of Interest" means any situation where personal or business interests of any Person in a public Procurement procedure/transaction would adversely affect the interest of a Procuring Entity (PE) in achieving economy, efficiency, transparency, fairness and equal treatment of Tenders or Proposals;
  10. "Consultant" means a Person who is engaged under contract with a Procuring Entity (PE) for providing intellectual and professional services;
  11. "Contractor" means a Person under contract with a Procuring Entity (PE) 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 (IMED) of the Ministry of Planning, for carrying out the purposes of the Public Procurement Act 2006 and Public Procurement Rules 2008;
  14. "Days" means calendar days unless otherwise specified as working days;
  15. "Dayworks" means work carried out following the instructions of the Procuring Entity (PE) or the authorised Project Manager (PM) 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 successful correction of defects by the Contractor;
  18. "Defects Liability Period" (DLP) is the period named in the Contract and calculated from the Completion Date;
  19. "Delegation of Financial Powers" (DOFP) means the instructions with regard to the delegation of financial authority, issued by the Finance Division 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. This is popularly known as Deposit Works.
  21. “e-GP” means procurement by a Procuring Entity using electronic processing systems eGP Portal www.eprocure.gov.bd.
  22. "Evaluation Committee" means a Tender Evaluation Committee (TEC) or a Proposal Evaluation Committee (PEC) constituted under Section 7 of the Act;
  23. "Evaluation Report" means the report prepared after the evaluation of the Tenders, Quotations, Expressions of Interest or Proposals received for a procurement package;
  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 to control contagious disease, 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;
  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; objects in solid, liquid or gaseous form; electricity; off-the-shelf computer software and other ICT products; and product related Services provided that the value of such Services does not exceed that of the Goods themselves;
  28. "Head of the Procuring Entity" (HOPE) 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 the provision of submitting Tenders to more than one places 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- (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, c) appoint of Pre-Shipment Inspection (PSI) agent, Clearing & Forwarding agent, transportaion agent; goods transportation, hiring of transport, insurance policy;
  36. "Pre-Qualification" (PQ) means a procedure for demonstrating qualifications as a pre-condition for being invited to participate in a Tender;
  37. "Primary place" means the office designatd by 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" (PE) means a Procuring Entity having administrative and financial powers to undertake Procurement of Goods, Works or Services using public funds;
  40. "Project Manager" (PM) 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;
  41. "Provisional sums" means amounts of money specified by the Procuring Entity in the Bill of Quantities which shall be used, at its discretion, for payments to nominated Subcontractors and other purposes detailed in the Tender Documents;
  42. "Public funds" means any funds allocated to a Procuring Entity under Government budget; loans, grants or credits placed at the disposal of a Procuring Entity through the Government by the development partners or foreign states or organisations; and funds of any government, semi-government organisations or constitutional body established under law;
  43. "Public Procurement” means Procurement using public funds;
  44. “Quality” means quality of Goods, Works or Services;
  45. "Quotation" means the priced offer in writing received from Tenderers for the Procurement of readily available standardised Goods, Works or physical Services subject to the threshold value as prescribed by PPR 2008;
  46. "Related Services" means Services linked to the supply of Goods contracts;
  47. "Responsive" means qualified for consideration on the basis of evaluation criteria so declared and specified in the Tender Document or in the request for Proposal Document;
  48. "Review Panel" means a panel comprised of specialists to review complaints submitted by a Person;
  49. "Schedule" means a schedule appended to these Rules;
  50. ‘Secondary place" “means the other place(s), designated by the Procuring Entity in exceptional cases, where Tenders can be dropped but not opened;
  51. "Services" means goods related Services, physical Services, or intellectual and professional Services;
  52. "Short-list" means a list of Applicants deemed suitable to be invited to submit Proposals for intellectual and professional Services following the evaluation of Expressions of Interest;
  53. "Subconsultant" means any person or entity to whom/which the Consultants subcontract any part of the Services;
  54. "Subcontractor" is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site;
  55. "Supplier" means a Person under contract with a Procuring Entity for the supply of Goods and related Services under the Act;
  56. "Tender or Proposal", depending on the context, means a Tender or a Proposal submitted by a Tenderer or a Consultant for delivery of Goods, Works or Services to a Procuring Entity in response to an Invitation for Tender or a Request for Proposal; and for the purposes of the Act, Tender also includes quotation;
  57. "Tender Document or Request for Proposal Document", means the Document provided by a Procuring Entity to a Tenderer or a Consultant as a basis for preparation of its Tender or Proposal;
  58. "Tenderer" means a Person who submits a Tender;
  59. "Works" means all Works associated with the construction, reconstruction, site preparation, demolition, repair, maintenance or renovation of railways, roads, highways or a building, an infrastructure or structure or an installation or any construction work relating to excavation, installation of equipment and materials, decoration, as well as physical Services ancillary to Works, if the value of those Services does not exceed that of the Works themselves.
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