3. In this A ct unless the context otherw ise requires - “ accounting a G ov ern m en t officer” m eans officer appointed in accordance w ith the provisions o f the P ublic Finance A ct or a public officer statutorily appointed to hold a vote or subvention and accounts for all m onies expended from that vote or subvention; “A g en cy ” m eans G overnm ent P ro cu rem en t Services A gency; Interpretation G.N. No. 455A o f 2 0 1 1 Cap.348 No. 7 Public Procurement 2011 “ an asso ciate” m eans a person w ho - (a) (b) is in partnership w ith the public officer; or in the case o f a body corporate is a controller o f the body corporate or the public officer and any person w ho is in association w ith him ; “A p p eals A u thority” m eans the A ppeals A uthority established under section 88; “ ap p roving authority" m eans an accounting o fficer or tender board o f a public body; “ A u th o rity ” m eans A uthority; the Public P rocurem ent R egulatory “ B o a rd ” m eans the B oard o f D irectors o f the Public P rocurem ent R egulatory A uthority established under section 21; “coercive practice” m eans im pairing or harm ing, or threatening to im pair or harm directly or indirectly, any party or the property o f the party for the purpose o f in influencing co n n ectio n w ith public p rocurem ent or in furtherance o f corrupt practice o r fraudulent practice; the action o f that party im properly “co m p eten t authority” m eans a person, body o f person, organs or an agency com petent to take actions as m ay be referred to or directed to it by the A uthority under this Act; “co m p etitiv e selection” m eans the m ethod o f procurem ent w hereby consultants or p roviders o f services are invited by the procuring entity to com pete w ith each other in subm itting either unpriced or priced tenders, w here the ten ders are evaluated either on the basis o f quality or on the basis o f a com bination o f quality and cost; No. 7 Public Procurement 2011 “collusive p racticcs” m eans im pairing or harm ing, or th reatening to im pair or harm directly or indirectly, any party or the property o f the party for the purpose o f in influencing im properly the action o f that party co nnection w ith public procurem ent or governm ent contracting or in furtherance o f a corrupt practice or a F raudulent Practice; “com petitive tendering” or “ten d erin g ” m eans the m ethod o f or p rocurem ent w hereby consultants are to com pete w ith each other in subm itting priced tenders for goods, w orks or services; firm , the pro cu rin g entity “ c o n su lta n t” m eans contractors invited by com pany, suppliers, corporation, organisation, partnership or an individual person engaged in or able to be engaged in the business o f providing econom ics, engineering, surveying or any field o f professional services, and w ho the context, a is, according potential party or the party to a contract w ith the procuring entity; architecture, services to in a Cap. 103 “ consultancy services” m eans activities o f an intellectual and advisory nature that do not lead to a m easurable physical output and supervision, training, advisory, auditing, softw are d ev elo p m en t and sim ilar services; includes design, “co n tracting authority shall have a m eaning ascribed to it “ co n tracto r” m eans firm , u nder the Public Private Partnership Act; com pany, a corporation, organisation, partnership or an individual person engaged in civil, electrical or m echanical engineering or in construction or building w ork o f any kind including repairs and renovation, and w ho is, according the context, a potential party or the part to a to procurem ent contract w ith the procuring entity; 10 No. 7 Public Procurement 2011 “corrupt practice m eans the offering, giving receiv ing or soliciting o f anything o f value to influence the action o f a public officer in the p ro cu rem en t process or contract execution; “ defence and national security organs" m eans the T anzania Peoples D efence Forces, the T an zan ia N ational Service, T anzania Police Force, T an zan ia Prisons Service, T anzania Intelligence S ecurity Services, the N ational Security C ouncil and the P revention and C om bating o f C orruption B ureau; “ D ep artm en t” in relation to a M inistry o f the G overnm ent or other public authority or public body, includes any division or unit by w hatever nam e know n o f that m inistry, authority or other body; “ digital signature” m eans an electronic signature based upon cryptographic m ethods o f o riginator authentication, com puted by using a set o f rules and p aram eters such that the identity o f the signer and the integrity o f the data can be verified; Cap.257 “disposal" means the divestiture of public assets including intellectual and proprietary rights and goodwill, and any other rights of a procuring and disposing entity by any means, including sale, hire - purchase, licences, tenancies, rental, lease, franchise, auction or any combination however classified other the Public Corporation Act; regulated by those than "disposal process" means the successive stages in the disposal cycle, including planning, choice of procedure, measures to solicit offers from tenderers, examination and evaluation of those offers and award of contract; use “e-procurement” means communication by conducting procurement functions; of the Government information technology and in the “emergency procurement” means procurement o f goods, works or services essentially to meet an emergency situation which cannot be done through normal procurement process; 11 No. 7 Public Procurement 2011 “fraudulent practicc” means a misrepresentation o f facts in order to influence a procurement process or the execution o f a contract to the detriment o f the Government or a public body and includes collusive practices among tenderers, prior to or after submission designed to establish tender prices at artificial non-competitive the Government o f the benefits of free and open competition; to deprive levels and “goods” means raw materials, products, equipment and other physical objects of every kind and description, whether in solid, liquid or gaseous form, electricity, intangible asset and intellectual property, as well as services incidental to the supply of the goods provided that the value o f the services does not exceed the value of the goods themselves; “government” means the Government o f the United Republic of Tanzania; "guidelines" means directives issued by the Public Procurement Regulatory Authority under this Act; “ false representation” means a misrepresentation of fact made by one party to another with intent to deceive and with the knowledge that it is false; “highest evaluated price” means the price offered by a tenderer for revenue collection services or for the asset to be disposed of, that is found to be the highest after considering relevant factors specified in the tender documents and apportioning weight for such factors; “Independent Government Department” means a Department of the Government that is not under the direct control o f the parent Ministry; "local government authority" means a local government authority established under the Local Government (District Authority) Act or local government authority established under the Local Government (Urban Authority) Act; “ lowest evaluated cost” means the price offered by a tenderer that is found to be the lowest price after consideration of all relevant factors and the calculation o f any weighing for these factors, provided that such factors have been specified in the tender documents; 12 L'-aps-IS"7 and 2SS No. 7 Public Procurement 2011 “M inister” means the Minister for the time being responsible for finance; “non consultancy services” means any object of procurement other than goods, works and consultancy services; “obstructive practice” means acts intended to materially impede access to required information in exercising a duty under this Act; “parastatal organisation” means - Cap.212 (i) a body corporate established by or under any Act other (ii) than the Companies Act; any corporation registered under the Companies Act, in which not less than fifty percent o f the share capital is owned by the Government or by another parastatal organisation, or in the case o f a company which is limited by guarantee, where the Government has undertaken to meet fifty percent or more of the liabilities of that company; or Cap.245 Cap 348 (iii) any com pany, m anagem ent, board, association or statutory body in w hich the G overnm ent has a m ajority or controlling interest and includes a g overnm ent the E xecutive A gencies Act; established agency under “P aym aster G eneral” has the m eaning ascribed to it under the “p e rso n ” P ublic Finance A ct; includes any incorporated or not; association o f persons w hether “p o st-q u alificatio n ” m eans a due diligence p rocedu re applied after tenders have been evaluated prior to aw ard o f contract, to determ ine w hether or not the low est evaluated tenderer has the experience, capability and resources to carry out the co n tract effectively; 13 No. 7 Public Procurement 2011 “ p re-q u alificatio n ” m eans a form al procedure w hereby suppliers, contractors or consultants arc invited to subm it details o f their resources, and capabilities w hich are the basis o f screened prior to m eeting the m inim um criteria on experience, resources, capacity and financial standing; tender on invitation to "procuring entity" m eans a public body and any o th er body, or unit established and m andated by g overnm ent to carry out public functions; “p ro cu rem en t” m eans buying, purchasing, renting, leasing or otherw ise acquiring any goods, w orks or services by a procuring entity and includes all functions that pertain to the obtaining o f any goods, w orks or services, including description o f requirem ents, selection and invitation o f tenderers, preparation and aw ard o f contracts; “pro cu rem en t co n tract” m eans any licence, perm it, or other concession or authority issued by a public body or entered into betw een a public body and a supplier, contractor or consultant, resulting from procurem ent proceedings for carrying out construction or other related w orks or for the supply o f any goods or services; “pro cu rem en t expert or specialist” m eans a p erso n w ho is engaged in a profession, occupation or calling in w hich recourse to procurem ent is directly or indirectly involved and has such know ledge and expcriencc o f the practice o f pro cu rem en t and has been certified o r reg istered by the P ro c u re m en t Supplies Professional and T ech n ician Board; "P ro curem ent M anagem ent Unit" m eans a division or d ep artm ent in cach procuring entity resp o n sib le for the execution o f the procurem ent functions; “pro cu rem en t proceeding s” m eans to be follow ed by a procuring entity or any approving authority w hen engaging in procurem ent; the p roceedings 14 No. 7 Public Procurement 2011 "procurem ent process" m eans in the o f p ro cu rem en t p rocedures, m easures tenderers, ex am in atio n and evaluation o f those offers, aw ard o f co n tract and contract m anagem ent; the succcssive stages planning, including to solicit offers choice cycle, from “P ro cu rem en t P rofessional B ody” m eans the P rocurem ent and S u pplies Professionals and T echnicians Board; “ p ublic asset” m eans any property ow ned by the public body to tangible and physical property, land, shares or p ro prietary rig h ts” ; including but not intangible, lim ited Cap. 212 “p ublic body or public auth ority” m eans - (i) (ii) any M inistry, D epartm ent or A g ency o f G overnm ent; any body corporate or statutory body or authority established by the G overnm ent; the (iii) any com pany registered under the C om panies A ct being a com pany in w hich the G o vernm ent or an agency o f the G overnm ent, is in the position to influence the policy o f the com pany; or any local governm ent authority; (iv) “ p ublic to funds” m eans m onetary resources appropriated pro cu rin g entities through budgetary p rocesses, including the C onsolidated Fund, grants, loans and crcdits put at the disposal o f the procuring entities by local or foreign donors and revenues generated by the procuring entities; “p ublic o ffic er” or “officer” m eans:- (i) any person holding or acting em olum ent in the public service; in an office o f (ii) a person holding or acting in the office o f a M inister in the G overnm ent; (iii) an em ployee o f any body corporate referred to in the definition o f public body or public authority; (iv) a person w ho has been a public officer; 15 No. 7 Public Procurement 2011 “ P ublic Private P artnership” shall have a m eaning ascribed to it Cap. 103 under the Public Private P artnership A ct, 2010; “ se rv ices” m eans both consultancy and non consultancy services; “solicited private Partnership Projects” m eans proposals for Public Private Partnership Projects that are initiated by public bodies and represent G overnm ent’s priority program s; to reference “specification” m eans a description o f any com m odity or w orks by strength, purity, its nature, quality, com position, quantity, dim ensions, weight, grade, durability, origin, age or other characteristics or to any substance or m aterial of, or with which, or the m anner in which, any com m odity or works m ay be m anufactured, produced, processed, treated, built or installed; “ successful ten d er” m eans a tender evaluated and selected by the procuring entity as- (i) (ii) offering the low est evaluated cost and has the capacity and capability to execute the contract, in case the m ethod o f pro cu rem en t used w as com petitive tendering; or being the m ost responsive to the needs o f the used w as procuring com petitive source procurem ent, selection or w here goods or services o f m inor value w ere procured; u;e highest evaluated price; quotations, com petitive if pro cu rem en t single entity (iii) com pany, organisation, “ su p p lier” m eans partnership or individual person su p plying goods or services, hiring equipm ent or providing tran sp o rt services and w ho is, according to the contract, a potential party or the party to a procurem ent contract w ith the procuring entity; corporation, “ten d e r” m eans an offer, proposal or q u otation m ade by a supplier, contractor or consultant in response to a request by a procuring entity; 16 No. 7 Public Procurement 2011 “ten d er do cu m en t” m eans a w ritten or electronic docum ent or requ est for proposal inviting tenderers to participate in procuring or disposal by tender proc ceding and includes d ocum ent inviting potential tenderer i )r pre-qualification; “ten d e rer” m eans any natural or legal p erson or group o f such persons participating or in p rocurem ent proceeding w ith a view to subm itting a ten d er in order to conclude a contract and includes a supplier, contractor service p rovider or asset buyer; to p articipate intending “term s o f reference” m eans the procuring entity giving the definition o f the objectives, goals and including w here applicable the m eans to be used; the statem ent issued by scope o f services, the “ u nsolicited Private P artnership P rojects” m eans a proposals that are initiated by a private sector party to a public institution for consideration as P ublic Private Partnership Project; “w o rk s” m eans - (i) (ii) (iii) the associated w ith erection, building, all w orks construction, reconstruction, dem olition, repair or renovation o f a building, structure, road or airfield; any other civil w orks, such as site preparation, excavation installation o f equipm ent or m aterials, decoration and finishing; and service w hich is tendered and contracted on the basis o f perform ance o f a m easurable physical output satellite photography or seism ic investigations: drilling, m apping, such as P rovided that, contracts w hich include the provision o f w orks and services shall be regarded as w orks contracts if the total value o f the w orks is greater than the value o f the services co vered by the contract. L No. 7 Interna tional obligation Public Procurement 2011
