s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Act —
"bid" means a formal submission in response to a competition document;
"bidder" means a supplier that submits a bid;
"business case" means a document that provides a justification for undertaking a project or programme, to support decision-making for an investment;
"capital project" means any item that will be capitalised on the balance sheet in accordance with generally accepted accounting practice, and includes the construction or purchase of physical assets and the purchase or development of computer hardware or software;
"Chief Executive Officer" includes Managing Director or such other title by which the head of a statutory authority or government company is called;
"competition document" means the document used to solicit bids and includes an invitation to tender, a request for proposals, a request for quotations, and a request for supplier qualifications;
"competitive process" means any of the methods of procurement recognised under the UNCITRAL Model Law on Public Procurement (2011) or as may be prescribed, except single source procurement;
"direct award" means a contract award outside of a competitive process and includes single source procurement;
"Director" means the Director of the Central Procurement Office;
"emergency" means a situation where —
a state of emergency is proclaimed under the Emergency Powers Act (2006 Revision);
an exceptional circumstance occurs with an immediate risk to the safety or health of an employee or a member of the public; or
there is an immediate risk of serious damage to public or private property;
"entity" means any governmental body or party acting on behalf of a governmental body and includes a ministry, portfolio, statutory authority, government company, the Office of the Ombudsman and the Audit Office;
"entity procurement committees" means the procurement committee for an entity;
"life time value" means the discounted net present value of financing obligations calculated using a discount rate of 3.5% which is subject to periodic review to assess its appropriateness and includes the systematic consideration of all relevant costs and revenues associated with the life cycle of the goods, services or works;
"local benefits test" means a request that suppliers, as part of the response to a government competition document, set out —
the benefit to the economy of the respective bid; and
specific commitments to benefit local business;
"major project" means a project that is of a value, complexity, risk level or profile that requires that it is given a significant allocation of time and resources from the entity as well as the involvement of stakeholders, other entities, and the Central Procurement Office;
"procurement" means the process by which an entity acquires goods, services or works from an external supplier to support the delivery and maintenance of government programmes, services and infrastructure, such process spanning the complete life cycle from initial concept and definition of the business need to the effective management of markets, through to the end of the useful life of an asset or end of services contract;
"procurement project" means any purchase of goods, services or works by an entity and includes major projects and direct awards;
"procurement valuation" means the estimated purchase or contract value prior to initiating a procurement project;
"public officer" includes an employee of a statutory authority, government company, the Office of the Ombudsman, the Audit Office or any other governmental body which is required to comply with this Act;
"relevant costs and revenues" means the costs and revenues that are attributable to owning and using the goods, services or works and includes, but is not limited to, planning design, acquisition, use, maintenance and final disposition; and
"supplier" means any person who has submitted a bid, offer, or arrangement or who may submit a bid, offer or arrangement or who has been awarded a contract, including subcontractors, owners, directors, officers, employees, agents, or any affiliated body or any other related parties;

Defined Terms

bidbidderbusiness casecapital projectChief Executive Officercompetition documentcompetitive processdirect awardDirectoremergencyentityentity procurement committeeslife time valuelocal benefits testmajor projectprocurementprocurement projectprocurement valuationpublic officerrelevant costs and revenuessupplier

Cross References