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Terms
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Definition
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| Allocated budget |
the funds made available to a contracting authority for a procurement, including the contract price as well as the contracting authority’s supervision and other contract administration costs for that procurement, and a contingency percentage. (Test) |
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Bid securing declaration
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an undertaking by a bidder committing to be debarred from participating in any future procurement activity for a specified period of time in the event it violates any of the conditions stated therein.
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Bidder
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any natural or legal person or any combination of them with the formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture submitted with the letter of intent.
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Coercive practice
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Impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party, their participation in a procurement process, or affect the execution of a contract.
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Collusive practice
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An arrangement between two or more parties, prior to or after bid submission, designed to achieve an improper purpose, including to influence improperly the actions of another party, to allocate procurement contracts among bidders, establish bid prices at artificial non-competitive levels or otherwise to deprive the contracting authority of the benefits of free and open competition.
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Contracting authority
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any ministry, non-ministerial entity, governorate or independent administration or any subdivision or multiplicity thereof. The term encompasses a client department / an employer in the context of a works contract, or other end-user entity on whose behalf a contracting authority has conducted a procurement proceeding.
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| Corrupt practice |
The offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party, in order to influence a procurement process or the execution of a contract, including by inducing the commission of inappropriate acts, interference in the ability of competing bidders to participate in procurement proceedings. |
| Domestic preference |
a technique to promote the procurement of domestically produced goods and services, and the participation of domestic contractors, by application, in the ranking bids, of a margin of domestic price preference, in accordance with these regulations and the percentages specified in Annex A. |
| Foreign Companies |
any company established outside of Iraq in accordance with the law and duly registered or has a branch in Kurdistan Region. |
| Framework agreement |
An agreement between one or more contracting authorities and one or more suppliers, contractors or service providers (including consultants) the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged. |
| Fraudulent practice |
Any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation, or to influence a procurement process or the execution of a contract. |
| Joint venture |
a partnership or consortium established by mutual agreement of two or more than one natural or legal persons in order to participate in procurement. Each partner shall be personally and jointly liable. |
| Life cycle cost |
an evaluation criterion that measures the cost to the contracting authority of an asset throughout its useful life including initial purchase price, installation, operation and maintenance costs over the life of the asset, and residual (resale) value at the end of its useful life. It is calculated on a net present value basis and it is only used for comparison of bids, rather than for determining the contract price. |
| National Companies |
any company established inside of Iraq in accordance with the law and duly registered in the Company Registration Directorate in the Ministry of Trade/Federal Government and/or the General Directorate for Company Registration in the Kurdistan Region. |
| Obstructive practice |
(a) Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (b) acts intended to materially impede the exercise of inspection and audit carried out pursuant to applicable law.
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| Post-qualification |
a bidder qualification assessment procedure in which the contracting authority verifies the eligibility and qualification information only of the successful bidder’, prior to acceptance of that bidder’s bid. |
| Pre-Qualification |
a set of procedures carried out by the contracting authority to ensure that bids are submitted only by bidders that meet the requirements for technical capacities, personnel and financial capabilities and equipment availability to undertake a contract in a satisfactory manner prior to submitting bids or proposals in restricted tenders. |
| Pre-Qualification Documents |
documents including application evaluation criteria and tables prepared by the contracting authority and reflecting the requirements of the contracting authorities and/or beneficiaries from the execution of the project. |
| Standstill period |
means the period starting from the dispatch of a notice as required by article 37-Second or 54-Seventh of these Regulations, during which the contracting authority cannot accept the successful bidor proposal and during which bidders can challenge, pursuant to article 63, the decision so notified. |
| Supplier (contractor) |
a natural or legal person, or group of such persons, that provides or could provide, according to the context, goods, works or services; depending upon the context, the use of this term may also encompass a reference to consultants |
| Sustainable procurement |
a process whereby contracting authorities meet their needs for goods, works and services in a way that achieves value for money on a whole life basis in terms of generating benefits not only to the contracting authorities, but also to society and the economy, whilst minimizing damage to the environment. |
| Tied bids or proposals |
responsive bids or proposals from qualified bidders that are identical in rank after evaluation. |
| Value for money |
use of resources in a way that maximize the benefits that the contracting authority obtains in economy, efficiency and effectiveness of procurement, and applicable, sustainability objectives, based on a life-cycle assessment of costs, benefits and risks. |
| “in writing” or “written” |
any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information; |