- common technical specification
means a technical specification drawn up in accordance with a procedure recognised by the member States with a view to uniform application in all member States and which has been published in the Official Journal;
- concessionaire
means a person who has entered into a public works concession contract with a contracting authority;
- consortium
means 2 or more persons, at least one of whom is a contractor, acting jointly for the purpose of being awarded a public works contract.
- contract documents
means the invitation to tender for or negotiate the contract, the proposed conditions of contract, the specifications or description of the work or works required by the contracting authority and of the materials or goods to be used in or for it or them, and all documents supplementary thereto;
- contract notice
means a notice sent to the Official Journal in accordance with regulation 11(2), 12(2), 13(2), 25(2) or 26(3);
- contracting authority
has the meaning ascribed to it by regulation 3;
- contractor
means a person–
- ECU
means the European Currency Unit as defined in Council Regulation (EEC) No. 3180/78();
- essential requirements
means requirements relating to safety, health and certain other aspects in the general interest which the works must meet;
- established
means the same as it does for the purposes of the Community Treaties;
- European specification
means a common technical specification, a British standard implementing a European standard or a European technical approval;
- European standard
means a standard approved by the European Committee for Standardisation (“CEN”) or by the European Committee for Electrotechnical Standardisation “CENELEC”) as a “European Standard (”EN “)” or a “Harmonisation Document (”HD “)” according to the Common Rules of those organisations;
- European technical approval
means an approval of the fitness for use of a product, issued by an approval body designated for the purpose by a member State, following a technical assessment of whether the product fulfils the essential requirements for building works, having regard to the inherent characteristics of the product and the defined conditions of application and use;
- financial year
means the period of 12 months ending on 31st March in any year or, in relation to any person whose accounts are prepared in respect of a different 12 month period, that period of 12 months;
- government department
includes a Northern Ireland department or the head of such department;
- Minister of the Crown
means the holder of an office in Her Majesty’s Government in the United Kingdom, and includes the Treasury;
- national of a member State
means, in the case of a person who is not an individual, a person formed in accordance with the laws of a member State and which has its registered office, central administration or principal place of business in a member State;
- negotiated procedure
means a procedure leading to the award of a public works contract whereby the contracting authority negotiates the terms of the contract with one or more persons selected by it;
- offer
includes a bid by one part of a contracting authority to carry out work or works for another part of the contracting authority when the former part is invited by the latter part to compete with the offers sought from other persons.
- Official Journal
means the Official Journal of the Communities;
- open procedure
means a procedure leading to the award of a public works contract whereby all interested persons may tender for the contract;
- public housing scheme works contract
means a public works contract relating to the design and construction of a public housing scheme;
- public works concession contract
means a public works contract under which the consideration given by the contract ing authority consists of or includes the grant of a right to exploit the work or works to be carried out under the contract;
- public works contract
means a contract in writing for consideration (whatever the nature of the consideration)– (a) for the carrying out of a work or works for a contracting authority, or (b) under which a contracting authority engages a person to procure by any means the carrying out for the contracting authority of a work corresponding to specified requirements;
- restricted procedure
means a procedure leading to the award of a public works contract whereby only persons selected by the contracting authority may submit tenders for the contract;
- standard
means a technical specification approved by a recognised standardising body for repeated and continuous application, compliance with which is in principle not compulsory;
- technical specifications
means the technical requirements defining the characteristics required of the work or works and of the materials and goods used in or for it or them (such as quality, performance, safety or dimensions) so that the works, work, materials and goods are described objectively in a manner which will ensure that they fulfil the use for which they are intended by the contracting authority.
- the Commission
means the Commission of the Communities;
- to award
means to accept an offer made in relation to a proposed contract;
- work
means the outcome of any works which is sufficient of itself to fulfil an economic and technical function;
- working day
means a day other than a Saturday, Sunday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971();
- works
means any of the activities specified in Schedule 1, being activities contained in the general industrial classification of economic activities within the Communities;
- year
means a calendar year.