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S.L. 601.12 · Procurement Of Property Regulations (S.L. 601.12)

S.L. 601.12 Art. 2Interpretation. Cap. 563. Cap. 358. S.L. 601.03. S.L. 601.03. S.L. 601.03. S.L. 601.03. S.L. 601.03.

In KraftAmtlicher Text

For the purposes of these regulations -

"authorities responsible for the administration of government land and properties" shall mean the Lands Authority as established under article 5 of the Lands Authority Act and the Joint Office as established under article 4 of the Ecclesiastical Entities (Properties)

Act;

"bodies governed by public law" means bodies that have all of the following characteristics:

(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

(b) they have legal personality; and

(c) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those bodies or authorities; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;

"black listed person" means a black-listed person as defined under the Public Procurement Regulations;

"conflicts of interest" shall at least mean any situation where any person, including staff members of the contracting authority or of a procurement service provider acting on behalf of the contracting authority, who are involved in the conduct of the procurement procedure or who may influence the outcome of that procedure have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure;

"contracting authorities" means the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law; "Contracts Committees" means the General Contracts Committee as defined under the Public Procurement Regulations;

"direct contracts" means contracts awarded without the need to publish a prior call for competition;

"Director" means the Director of Contracts as established under the Public Procurement Regulations;

"economic operator" means any natural or legal person or public entity or group of such persons and, or entities, including any temporary association of undertakings who submitted a bid under, and regulated by, these regulations;

"Evaluation Committee" means boards or committees appointed by contracting authorities with the purpose of evaluating tenders received and for making recommendations thereon;

"government’s e-procurement platform" means the electronic platform for procurement as established by the Director;

"Minister" means the Minister responsible for Finance;

"modification" means any change, variation or amendment to the original terms of the contract including, but not limited to, the introduction of new conditions and to the removal or replacement of existing conditions;

"procurement document" means any document produced or referred to by the contracting authority to describe or determine elements of the procurement or the procedure, including the technical specifications, the descriptive document, proposed conditions of contract, formats for the presentation of documents by tenderers, information on generally applicable obligations and any additional documents including clarifications;

"procurement of property" means the acquisition by whatever title, whether real or personal, of immovable property by a contracting authority;

"Review Board" means the Public Contracts Review Board as established under the Public Procurement Regulations;

"the Schedule" means Schedule 1 - List of Contracting

Authorities - annexed to the Public Procurement Regulations.