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Definitions Section for Open Procurement Albania portal is structured according to the legal definitions provided by Law No. 9643, dated 11.20.2016 "On Public Procurement", Article 3 and other Legal Acts in force.
Article 3 Point 1 by Law:
Awarding procedures -
are the procedures carried out by CA in order to award a public contract for works, supplies or services.
Article 3 Point 2 by Law:
Public contracts -
are contracts for pecuniary interest concluded by exchange of written communication between one or more economic operators and one or more CA and having as their object the execution of works, the supply of goods or the provision of services within the meaning of this law.
Article 3 Point 2/1 by Law:
Sectoral contracts -
are public contracts awarded by contracting authorities that operate in the water, energy, transport and postal sectors to one or more economic operators, for the purposes of performing any of the activities referred to in Article 58/1.
Article 3 Point 3 by Law:
Consultancy contracts -
are contracts for public and consulting services of intellectual and advisory nature, to the exclusion of other types of services, where the physical aspects of the activity predominate.
Article 3 Point 4 by Law:
Public Funds means -
a) any monetary value of the State Budget determined to be used for public contracts
any monetary value of the local budget determined to be used for public contracts
aid or credit funds provided by foreign donors, based on international agreements, which do not require implementation of other procedures different from this law
incomes from State, local enterprises, marketing associations and any other entity, where the State has the majority of the capital shares.
Article 3 Point 5 by Law:
Public service contracts -
are public contracts having as their object the provision of services. A public contract having as its object both goods and services shall be considered to be a public service contract if the value of the services in question exceeds that of the goods covered by the contract. A public contract having as its object services and including works that are only incidental to the principal object of the contract shall be considered to be a “public service contract.
Article 3 Point 6 by Law:
Public supply contracts -
are public contracts having as their object the purchase, lease, rental or hire purchase, with or without option to buy, of goods. A public contract having as its object the supply of products, which covers also, as an incidental matter, sitting and installation operations shall be considered to be a public supply contract where the value of goods exceeds the value of sitting and installation.
Article 3 Point 7 by Law: A
is any material thing which can be economically evaluated.
Article 3 Point 8 by Law:
Public works contracts -
are public contracts having as their object either the execution, or both the design and execution of works or a work, or the realization, by whatever means, of a work corresponding to the requirements specified by the CA.
Article 3 Point 8/1 by Law:
Framework agrement -
means an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms of the contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantities envisaged.
Article 3 Point 10 by Law:
Dynamic purchasing sistem -
is a completely electronic process for making commonly used purchases, the characteristics of which, as generally available on the market, meet the requirements of the CA, which is limited in duration and open throughout its validity to any economic operator which satisfies the selection criteria and has submitted an indicative tender that complies with the specification.
Article 3 Point 11 by Law:
Electronic purchase -
is a process involving an electronic device for the presentation of new prices, revised downwards, and/or new values concerning certain elements of tenders, which occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation methods. Consequently, certain service contracts and certain works contracts having as their subject-matter intellectual performances, may not be the object of electronic auctions.
Article 3 Point 12 by Law:
Contractor, supplier and service provider -
means any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.
Article 3 Point 13 by Law:
Economic operator -
shall cover equally the concepts of contractor, supplier and service provider, without any kind of distinction.
An economic operator who has submitted a tender shall be designated a tenderer.
One which has sought an invitation to take part in a restricted or negotiated procedure shall be designated as a candidate.
Article 3 Point 14 by Law:
(CA) - mean all those entities subject to the PPL for the execution of their public contracts. Namely, the following:
constitutional and other central institutions, independent central institutions, local governing entities,
any bodies: (i) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character (ii) having legal personality and (iii) financed, for the most part, by the State, regional or local authorities, or other public bodies or subject to management supervision by those bodies or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other public bodies c) associations formed by one or several of such authorities or one or several of such public bodies.
Article 3 Point 14/1 by Law:
Contracting authorities -
shall also mean:
any contracting authority within the meaning of paragraph 14, when it performs one of the activities referred to in Article 58/1 of this law
public undertakings if the contract is awarded for the purposes of exercising any of the activities referred to in Article 58/1 of this law. For the purpose of this provision “public undertaking is any undertaking over which contracting authorities listed in paragraph 14 may exercise, directly or indirectly through another entity, a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence is presumed when contracting authorities listed in paragraph 14, directly or indirectly, in relation to an undertaking: i) hold the majority of the entitys subscribed capital, or ii) control the majority of the votes attached to shares issued by that entity, or iii) can appoint more than half of the entitys administrative, management or supervisory body.
Any other entity not mentioned in items a) or b), when they pursue any or a combination of the activities referred to in Article 58/1 of this law on the basis of special or exclusive rights granted by a competent authority.
Article 3 Point 15 by Law:
Special or exclusive rights -
are rights granted by a competent authority of Albania by way of any legislative, regulatory or administrative provision the effect of which is to limit the exercising of activities referred to in Article 58/1 to one or more entities, and which substantially affects the ability of other entities to carry out such an activity.
Article 3 point 16 by Law: A
central purchasing body -
is a CA, which:
acquires supplies and/or services intended for CA, or
awards public contracts for works, supplies or services intended for contracting authorities.
Article 3 Point 17 by Law:
Open procedures -
are those procedures whereby any interested economic operator may submit a tender.
Article 3 Point 18 by Law:
Restricted procedures -
are those procedures in which any economic operator may request to participate and whereby only those economic operators selected by the CA may submit a tender.
Article 3 Point 19 by Law:
Negotiated procedures -
are those procedures whereby the CA consult the economic operators of their choice and negotiate the contract terms with one or more of these.
Article 3 Point 20 by Law:
Selective Proposal -
is a procedure whereby the contracting authority shall seek bids from a limited number of economic operators of its choice, but also accept bids submitted by other interested economic operators.
Article 3 Point 21 by Law:
Design contests -
are those procedures enabling the CA to acquire a study or design of a merely aesthetic nature, selected by a jury after being put out to competition.
Article 3 Point 22 by Law:
Written communications -
mean any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means
Article 3 Point 23 by Law:
Electronic means -
means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, radio, by optical means or other electromagnetic means.
Article 3 Point 24 by Law:
(PP-rules) - mean any implementing regulation issued by the Council of Ministers, within the scope of the PPL.
Article 3 Point 25 by Law:
Public Procurement Bulletin -
means the publication of public procurements issued by the Public Procurement Agency and of other public notices.
Article 3 Point 26 by Law:
Tender documents -
are the documents provided by CA to candidates and prospective tenderers as a basis for the preparation of their tenders.
Article 3 Point 27 by Law:
Relevant information -
means documents and information relevant to the procedures which have to be disclosed - upon request - to the tenderer wishing to challenge one or more decisions taken by CA in the course of the awarding procedures. The disclosure of such information is only limited to the extent necessary to comply with confidentiality obligations or security requirements
Article 3 Point 28 by Law:
means the monetary value used to determine the procurement procedure to be followed by the CA, in compliance with the PPL and the public procurement rules.
Article 3 Point 29 by Law:
Postal services -
means services consisting of the clearance, sorting, routing and delivery of postal items
Article 3 Point 30 by Law:
Postal item -
means an item addressed in the final form in which it is to be carried, irrespective of weight in addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight.
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