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Authority means the National Public Procurement
Authority (NPPA) established by section 3 of the Public Procurement Act,
2004.
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bid means, according to the type of procurement
method being used, a proposal or quotation given by a bidder in response to
an invitation by a procuring entity.
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bidder means a natural person or a legal entity that,
according to the context, is a participant or potential participant in
procurement proceedings.
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bidding documents means a document or set of
documents prescribing the quantity, quality, characteristics, conditions and
procedures, of the transaction prior to the actual procurement, and on the
basis of which the bidders are to prepare their bids.
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bid security means the bank guarantee or other
form of security submitted by a bidder together with a bid to secure the
obligations of the bidder participating in a bidding proceeding, including
the obligation to sign a procurement contract if the bid is accepted, in
accordance with the requirements of the Law and the bidding documents.
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collusive practices means a scheme or arrangement
between two or more parties with or without the knowledge of the procuring
entity, designed to establish prices at artificial, non-competitive levels.
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consultant means the provider of intellectual
services, including consultants services
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consultants services refers to activities of an
intellectual and immaterial nature that do not lead to a measurable physical
output. They include design, supervision, training, advisory, auditing,
software development, and similar services.
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contract means the written agreement of the parties
will, on the basis of which rights and obligations of the parties are
determined.
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corrupt practice means the offering, giving,
receiving, directly or indirectly, of anything of value to influence the
action of a public officer in the selection process or in contract
execution.
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fraudulent practice means a misrepresentation or
omission of facts in order to influence a selection process or the execution
of a contract.
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goods means objects of every kind and description,
including commodities, raw materials, products and equipment, and objects in
solid, liquid or gaseous form, and electricity, as well as services
incidental to the supply of the goods if the value of those incidental
services does not exceed that of the goods themselves.
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head of procuring entity means the chief executive
officer of the entity such as the Minister of a Ministry or the overall head
of an organisation.
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intellectual
services means any activity of an intellectual nature that does not
lead to a measurable physical output.
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Law means the Sierra Leone Public Procurement Act,
2004.
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National Public Procurement Authority means
the central policy and monitoring unit established pursuant to section 3 of
the Law.
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non-consultancy services means any object of
procurement other than goods, works and consultants services.
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open competitive bidding means the procurement
method, conducted in accordance with section 38 of the Law, in which any
interested bidder may submit an bid on the basis of the technical
specifications and other requirements set forth in the bidding documents.
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performance security means the bank guarantee or
other form of security submitted by the supplier, contractor or consultant
to secure their obligations under the procurement contract, in accordance
with the requirements in the bidding documents.
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procurement means the acquisition by any contractual
means of goods, works, intellectual services or other services.
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procurement committee means the group within the
procuring entity, comprising officials within and outside of the entity
established under section 18 of the Law to act as an award authority and
conduct other procurement approval functions in accordance with the Law.
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procurement contract means the written agreement of
the parties will, regarding the procurement, of the agreed goods, works or
services, on the basis of which rights and obligations of the parties are
determined.
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procuring entity means any organ of the State or
regional and local authorities as well as statutory bodies, public sector
corporations which are majority owned by the Government, public utilities
using revenue collected by the sale of public services, as well as any other
physical or juridical person to whom public funds have been allocated for
use in public procurement.
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procurement unit means the department formally
established within the procuring entity to carry out the procurement
activities of that entity in accordance with the functions set out in
section 19 of the Law.
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public funds means any monetary resources of the
State budget, or aid and credits under agreement with foreign donors, or
extra-budgetary resources of procuring entities, used in public procurement.
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public office means an office of emolument in the
public service.
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public officer means a person holding or acting in a
public office, and includes the members and office-holders in a local
council.
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regulations means these Regulations on Public
Procurement issued by the National Public Procurement Authority under
section 68 of the Law.
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request for quotations means the simplified
procurement method used to carry out low-value procurement of standard goods
or routine works or services, in accordance with section 44 of the Law.
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request for proposals is the method to be utilised
for procurement of consultants and other intellectual services, in
accordance with section 43 of the Law.
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restricted bidding means the procurement method,
conducted in accordance with section 41 of the Law, in which the invitation
to bid is extended to a limited number of bidders.
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Independent Procurement Review Panel means the
three-person Panel appointed by the Minister of Finance under section 20 of
the Law for the purposes of considering and deciding upon individual
applications by bidders for administrative review.
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securities means the money or the bank guarantee that
the bidder provides to secure his obligations in the bidding proceedings or
in contract performance. The procuring entity cannot claim any property
right over it, unless the bidder or supplier, as the case may be, defaults
in those obligations.
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services means any services other than
intellectual services.
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sole-source procurement refers to the method of
procurement, conducted in accordance with sections 46 of the Law, by which
the procuring entity awards the procurement contract directly, without
holding a competitive proceeding;
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solicitation document means bidding documents,
request for proposals documents, request for quotations documents and any
other document inviting bidders to submit a bid for the supply of goods,
works or services.
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supplier means a physical or juridical person under
contract with a procuring entity to supply goods, construct works or provide
intellectual and other services.
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two-stage bidding is the variant of bidding
proceedings in which, in accordance with section 58 of the Law, the
procuring entity holds consultations with bidders following a first stage on
the basis of preliminary bidding documents with a view to considering
various possible technical and contractual solutions to its procurement
need; thereafter, in the second stage, a bidding proceeding is held on the
basis of revised bidding documents.
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vote controller means the Permanent Secretary of a
Government Ministry, Chief Administrator of a local council, managing
Director or a General Manager, Executive Director or other head of a
State-owned enterprise, or head of a Government department, agency or
commission.
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works
means all works associated with the construction, reconstruction,
demolition, repair or renovation of a building, structure or works, such as
site preparation, excavation, erection, building, installation of equipment
or materials, decoration and finishing, as well as services incidental to
construction such as drilling, mapping, satellite photography, seismic
investigations and similar services provided pursuant to the contract, if
the value of those services does not exceed that of the construction itself.