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Glossary of Terms

 

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.

 

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