Terminology

Public contract

“Public contract” shall mean a contract of financial interest, which includes utilities contracts, concluded in writing between one or more contracting authorities on one side and one or more economic operators on the other side, the subject of which is the execution of works, delivery of goods or provision of services, in accordance with this Law.

Utilities contract

“Utilities contract” shall mean a public procurement contract awarded for the purpose of performing one or more of the activities as referred to in Article 176 paragraph (1) of this Law;

Contract award procedure

“Contract award procedure” shall mean a procedure conducted by one or more contracting authorities whose aim or activity is purchase or acquisition of goods, services or works;

Open procedure

“Open procedure” shall mean a procedure whereby any economic operator has the right to submit a tender;

Restricted procedure

“Restricted procedure” shall mean a procedure whereby any economic operator has the right to submit a request to participate, and only the candidates selected by the contracting authority are invited to submit a tender;

Competitive dialogue

“Competitive dialogue” shall mean a procedure in which any economic operator has the right to submit a request to participate and whereby the contracting authority conducts a dialogue with the selected candidates so as to determine one or more appropriate solutions that meet its requirements, and on the basis of which selected candidates shall prepare their tenders;

Negotiated procedure

“Negotiated procedure” shall mean a procedure whereby the contracting authority consults the  selected candidates and negotiates the terms of contract with one or more of them;

Simplified competitive procedure

“Simplified competitive procedure” shall mean a simplified contract award procedure, carried out in accordance with Chapter V Section 6 of this Law;

Framework agreement

“Framework agreement” shall mean a written agreement between one or more contracting  authorities and one or more economic operators, for the purpose of determining the basic requirements that regulate the public procurement contracts that have to be awarded in a certain time period, in particular regarding the price and, if possible, the planned quantities;

Electronic auction

“Electronic auction” shall mean a recurrent process of negative bidding realized after an initial full evaluation of tenders, whereby the tenderers have a possibility, exclusively by using electronic means, to revise the proposed prices, wherefore the ranking is made automatically by using electronic means;

Tender documentation

“Tender documentation” shall mean a set of documents, information and requirements that serve as a basis for elaboration, submission and evaluation of the participation request, i.e. the tender;

Technical specification

“Technical specification” shall mean a set of technical requirements, regulations, recommendations and standards that in detail define the minimum requirements from a technical item of view to be met by the goods, services or works which are subject of the public procurement contract;

Economic operator

“Economic operator” shall mean any natural person or legal entity or a group of such persons, which offer goods, services or works on the market;

Candidate

“Candidate” shall mean any economic operator which submits a request to participate in a restricted procedure, negotiated procedure or competitive dialogue;

Request to participate

“Request to participate” shall mean a proposal of the candidate by which its personal situation, technical and professional qualification and economic and financial standing is proven, as a requirement for obtaining an invitation to submit a tender in a restricted procedure, negotiated procedure or a competitive dialogue;

Tenderer

“Tenderer” shall mean any economic operator that submits a tender;

Participant in design contests

“Participant in design contests” shall mean any economic operator that submits a project in an open design contest;

Tender

“Tender” shall mean a proposal given by the tenderer prepared on the basis of the tender  documentation, representing a basis for awarding the public procurement contract;

Technical proposal

“Technical proposal” shall mean a section of the tender which proves the fulfillment of the technical requirements and the conditions referred to in the tender documentation;

Financial proposal

“Financial proposal” shall mean a section of the tender containing the offered price according to the requirements determined in the tender documentation;

Alternative tender

“Alternative tender” shall mean a tender offering other features of the subject of the public  procurement contract than those determined in the tender documentation;

Contractor

“Contractor” shall mean a tenderer or a group of tenderers that conclude a public procurement contract;

Evaluation of a tender

“Evaluation of a tender” shall mean the evaluation of the tender submitted in the contract award procedure;

Acceptable tender

“Acceptable tender” shall mean a tender submitted within the determined time period that fully meets all requirements referred to in the tender documentation and technical specifications, and matches all criteria, conditions and possible requirements regarding the qualification of tenderers;

Appropriate tender

“Appropriate tender” shall mean an acceptable tender within the limits of the amount defined by the contracting authority by the decision on public procurement, or that can be additionally provided, in accordance with Article 28 paragraph (4) of this Law;

Research and development services

“Research and development services” shall mean all the activities that include thorough research, applied research and experimental development including implementation of technological demonstrators, that is devices that demonstrate the effect of a new concept or of new technologies in an appropriate or representative environment;

Responsible person

“Responsible person” shall mean an official heading a state authority, a mayor of the local self-government unit or a director of a legal entity, i.e. a person authorized by it;

Special or exclusive right

“Special or exclusive right” shall mean a right granted by a competent authority arising from a law or regulation based on a law, with the purpose of limiting the performance of activities in certain public services field only to one or to a limited number of legal entities;

Electronic means

“Electronic means” shall mean use of electronic equipment for the purpose of processing and storing data (including digital compression), which are transmitted, delivered and received via wire, radio, optical means or via other electromagnetic means;

Electronic system for public procurement - ESPP

“Electronic system for public procurement – ESPP” shall mean a single computerized system available on the Internet, which is used in order to enable greater efficiency and cost-effectiveness in the field of public procurement;

Written or in writing

“Written” or “in writing” shall mean any expression consisting of words or figures which can be read, reproduced and subsequently announced, as well as information that is delivered and stored by using electronic means, provided that the security of the content is secured and the signature is identifiable;

Central purchasing body

“Central purchasing body”shall mean a contracting authority which in accordance with Article 4 paragraph (1) items a), b) or c):
-acquires on its own behalf and for its own account goods or services intended for one or more contracting authorities or
-awards public procurement contracts and concludes framework agreements on behalf and for the account of one or more contracting authorities;

Common Procurement Vocabulary - CPV

“Common Procurement Vocabulary – CPV” shall mean the reference nomenclature applicable in the contract award procedures and providing uniformity with the remaining existing nomenclatures.