|
Administrative order:
any instruction or order issued by the Contracting Authority to the Supplier in
writing regarding the provision of the supplies
Agent Bank:
the Italian Bank to which
the Government of the Arab Republic of Egypt, Ministry of International
Co-operation, conferred a mandate to execute the payments.
Beneficiary/Consignee:
is the final receiver of
the commodities. In this Tender procedure the Beneficiary, or Consignee, is the
private company, state company or governmental department, selected by the
Government of the Arab
Republic of Egypt;
Bill of quantities:
the document containing an itemized breakdown of the items and tasks to be
carried out in a unit-priced contract, indicating a quantity for each item and
the corresponding unit price.
Bond/Guarantee:
for the terms of this Tender, is the guarantee for a debt or an advance
received, in which an issuer, a bank or a bonding company, guarantees to honor
the debt of a supplier and it is obliged to pay the creditor at a later date if
so requested. A bond is a formal contract to repay borrowed money by a third
guarantor in case of failure by the original debtor.
Commodities/goods/supplies:
all items which the Supplier is required to supply to the Contracting Authority,
including, where necessary, service such as installation, testing,
commissioning, provision of expertise, supervision, maintenance, repair,
training and other such obligations connected with the items to be provided
under the contract.
Conflict of interest:
any event influencing the capacity of a candidate, Tenderer or Supplier to give
an objective and impartial professional opinion, or preventing him, at any
moment, from giving priority to the interests of the Contracting Authority. Any
consideration related to possible contracts in the future or conflict with other
commitments, past or present, of a candidate, Tenderer or Supplier, or any
conflict with his own interests. These restrictions also apply to subcontractors
and employees of the candidate, Tenderer or Supplier.
Contract value:
the sum stated in the contract representing the initial estimate payable for
carrying out the supplies, or such other sum as ascertained at the end of the
contract as due under the contract.
Contracting
Authority: party
which concludes the contract for and on behalf of the recipient/purchaser. It
can be a Governmental Department, a juridical or a natural person
appointed by the Purchaser
according to the Law of his Government, who is responsible for the management
and/or monitoring of the fulfillment of the Supply Contract. In this Tender
procedure the Contracting Autorhity is the Ministry of International Cooperation
of the Arab Repubblic of Egypt and the Person in Charge is the 1st
Assistant to the Minister;
Control and Surveillance Company:
the Company in charge to
certify the conformity of services rendered with regard to the shipment,
transport, and the final delivery of commodities and the due compliance with the
purchasing procedures managed by the Contracting Authority.
Day:
calendar day.
Evaluation committee:
a committee made up of an odd number of voting members (at least three)
appointed by the Contracting Authority and possessing the technical, linguistic
and administrative capacities necessary to give an informed opinion on tenders.
The Committee is in charge to perform the Tender’s examination, evaluation and
provisional awarding. A representative of the Donor (the “Italian Expert”) may
be invited to sit on the committee as a non-voting member observer.
Final test certificate:
the certificate or the certificates are issued by the Contracting Authority to
the Contractor upon the expiring of the technical warranty period and they
certify that the contract obligations have been fulfilled by the Contractor.
General Conditions:
the general conditions comprising clauses of an administrative, financial, legal
and technical nature relating to the performance of contracts.
General damages:
the sum not stated beforehand in the contract, which is awarded by a court, or
agreed between the parties, as compensation payable to an injured party for a
breach of the contract by the other party.
GURI:
Gazzetta Ufficiale della Repubblica Italiana (Official Bulletin of the Italian Republic).
In writing:
this includes any hand-written, typewritten or printed communication, including
telex, cable and facsimile transmissions.
Italian Expert:
MAE-DGCS’ Representative
in charge as Programme Manager for the Italian Part with the role of signing for
conformity the Contract Supply.
Liquidated damages:
the sum stated in the contract as compensation payable by the Supplier to the
Contracting Authority for failure to complete the contract or part thereof
within the periods under the contract, or as payable by either parties to the
other for any specific breach identified in the contract.
MAE -D.G.C.S.:
is the Ministry of Foreign Affaire of Italy,
General
Directorate for Development
Co-operation.
Most economically advantageous
tender:
the tender deemed to be the best by the criteria laid down for the contract in
question, e.g. quality, technical properties, aesthetic and functional
qualities, after-sales service and technical assistance, delivery date or
performance period, the price or lowest price. These criteria must be published
in the procurement notice or stated in the tender dossier.
Public Company:
is a company, normally owned by many
shareholders, which is entitled to to raise funds and capital by issuing
Securities, as stock or bonds, for sale to the general public in an open market,
it has normally permission to offer its Securities through the Stock Exchange
where it is registered. (in Italian 'Societą per Azioni quotata in Borsa')
Special Conditions:
the Special Conditions issued by the Contracting Authority as part of the
invitation to tender, comprising amendments to the general conditions, special
contractual clauses and a technical annex setting out the technical
specifications.
State Company, State-owned Company,
Government-owned corporation:
is a company created by a Government / State, to perform commercial activities
under control of a governmental Entity or Authority which has power of
decisions. (in Italian ‘Impresa Pubblica')
Successful Tenderer:
the Tenderer selected following a
contract award procedure.
Supplier/Contractor:
the successful Tenderer once
the contract has been signed by all parties concerned.
Supply contract:
a contract between a Supplier and the Contracting Authority for the purchase,
lease, hire or hire-purchase, with or without an option to buy, of goods. It may
also cover such tasks as installation, servicing, repairs, training and
after-sales service, etc.
Tender price:
the sum stated by the Tenderer in his tender for carrying out the contract.
Tenderer:
any natural or legal person or group of such persons submitting a tender with a
view to concluding a contract.
Time limits:
periods which shall begin to run from the day following the act or event which
serves as their starting point. Should the last day of the period fall upon a
non-working day in the country of the Contracting Authority, the period shall
expire at the end of the first working day following the last day of the period.
|