4.8 Definitions and Interpretation

 

B

“Blanket Order” means an order raised with a supplier for a specific range or category against which individual requirements will be drawn down / ‘called off’ over a period. Typically, the overall quantities are not known precisely at the start of the arrangement, so a commitment is given to fix the terms of the agreement for a specified period, for example, six months or 12 months.

“Business Continuity” means the capability of the University to continue to delivery its core services at acceptable predefined levels following a disruptive incident.


C

“Category Manager” means the member of the Procurement Unit authorised by the Head of Procurement to manage the procurement of a category or categories of goods, services and/or works. Where there is no Category Manager for the goods, services and/or works being procured the Head of Procurement shall adopt this role.

“Cloud Services” means anything that involves delivering hosted technology services or cloud based products over the internet. A fuller definition, including examples, is provided in the IT Services Policy for Selection and Use of Cloud Services.

“Concessions” are Contracts of the same type as public service Contracts, except for the fact that the consideration for the provision of services or works consists either solely in the right to exploit the service or work, or in this right together with payment. The Concession Contracts Regulations 2016, to be complied with where awarding a Concession Contract, providers a fuller definition, stipulates how the Estimated Value of such a Contract is to be calculated, and includes the principles and minimum timescales with which to adhere when procuring a Concession.

"Contract" means a binding agreement between two or more parties for performing, or refraining from performing, some specified act(s) in exchange for lawful consideration.

"Contract Extension" means an extension to the duration of the Contract, but not including any alteration to the scope of the Contract.

“Contract Manager” means the member of Staff to which the Head of Department allocates the responsibility for managing a contract, as defined in Regulation 4.6.2. This person may or may not also be the Procurer who established the Contract. 

“Contract Opportunity Publication” is the means by which a Procurement Exercise is advertised, and includes (where appropriate) the ‘Contract Notice’ as defined in the Public Contract Regulations 2015.

"Contract Variation" means an alteration to the scope of the Contract, but not the extension of the duration of the Contract.


D

“Department” means an academic department or Professional Services division of the University.

“Dynamic Purchasing System” means a completely electronic process, which has a limited duration, for making commonly used purchases, as more particularly defined and described in the Public Contracts Regulations 2015.


E

“Enterprise Resource Planning (ERP) system” means the business process management software used by the University (currently SAP) that allows it to use a system of integrated applications to manage its business and automate back office functions, including invoice matching.

“Equality Act 2010” means the legislation that protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.

"Estimated Value” means the value as estimated under Regulation 4.2.1.

"EU Threshold" means the respective threshold for Supplies, Works, or Services Contracts, excluding Social and Other Specific Services, referred to in the Public Contract Regulations 2015.


F

“Finance Committee” means the committee that reports to Council (the University’s supreme governing body) recommending the Annual University Budget and Medium Term Financial Forecasts, determining the University’s Financial Regulations, and overseeing its procurement arrangements.

“Formal Tender Process” is a process following the requirements of Open Tendering, Restricted Tendering, the Competitive Procedure with Negotiation, or the Competitive Dialogue or Innovation Partnership procedures. It also encompasses the lighter regime for procuring Social and Other Specific Services as defined in the Public Contracts Regulations 2015.

“Framework Agreement" is a general term for agreements with suppliers which set out terms and conditions under which specific purchases (call-offs) can be made throughout the term of the agreement. The Framework Agreement may, itself, be a Contract to which the EU procurement directives apply.

A "Further Competition" is undertaken where not all the terms of a proposed Contract are laid down in a Framework Agreement. It involves re-opening competition between the economic operators which are parties to the Framework Agreement and which are capable of performing the proposed Contract, on the basis of the same or, if necessary, more precisely formulated terms, and where appropriate other terms referred to in the Contract documents based on the Framework Agreement.

 

G

Gender - Words imparting the masculine include the feminine gender.

 

H

“Head of Department” means the head of an academic department or corporate services division to which the Contract relates.

“Head of Finance Operations” means the head of the service that includes Accounts Payable, Fees Payment, Distance Learning Finance, and Systems Development.

“Head of Procurement” means the head of the Procurement Unit.

 

I

“Information Security” means defending information from unauthorized access, use, disclosure, disruption, modification, perusal, inspection, recording or destruction.

“Invitation to Tender” means the document(s) containing the specification, proposed terms and conditions and other appropriate information as issued to the Tenderers to solicit Formal Tenders.

“Irregular Tender” means a Tender that does not fully comply with the instructions given in the Invitation to Tender.

 

K

“Key Performance Indicators” means a set of quantifiable measures, including targets, built into a Contract, to allow the University to monitor a Supplier’s performance in delivering the Contract.

 

M

“Mandatory Contract” means any Contract or Framework Agreement or other arrangement put in place by the University itself, the North Eastern Universities Procurement Consortium (NEUPC), or any other Public Sector Organisation (including other university) or Consortium in which the University is entitled to participate and which, where necessary, has been awarded in an EU compliant manner.

“Midlands Innovation Partnership" means the world-class research and innovation partnership, combining the collective excellence of leading universities in the heart of the UK, i.e. Leicester, Birmingham, Loughborough, Nottingham and Warwick and Aston.

 

O

“OJEU” means Official Journal of the European Union.

 

P

“Person” includes a partnership, body corporate or unincorporated association.

“Post Tender Negotiations” means the ability to negotiate with a Tenderer after a Tender has been opened and evaluated in accordance with the published evaluation criteria for the purposes of securing an improvement in the delivery of the Contract including but not limited to improvements in price.

“Prior Information Notice” means the notice published to make known the University’s intended planned procurements, as defined in the Public Contracts Regulations 2015.

“Procurement Exercise” means any process by which goods, services and/or works are to be procured including but not limited to Request for Quotations and Formal Tender Processes. For the purpose of these Regulations a Contract for a Concession shall be treated as a Procurement Exercise.

" Procurement Strategy (2014-17)" means the strategy document that explains the University's procurement aims – i.e. targets relating to savings, collaboration, influence of procurement professionals and the ‘social value’ gained through Contracts – and how it intends to realise these aims.

“Procurement Unit” means the centralised procurement team for which the Head of Procurement is responsible.

“Procurer” means any member of University Staff, including academics, allocated the responsibility of procuring goods and services by their Head of Department, who is responsible for the procurement of goods and services.

Public Contracts Regulations 2015 means the Public Contracts Regulations 2015 laid before Parliament on 5th February 2015. These Regulations implement the 2014 EU Procurement Directives into UK law and reflect the principles of the Treaty on the Functioning of the European Union.

 

R

“Registrar and Chief Operating Officer” means the head of the University's Professional Services and Secretary to Court, Council, Senate, and Honorary Degrees Board.

“Request for Quotation” (“RFQ”) means a document or documents containing the specification, and proposed terms and conditions issued to potential suppliers to solicit written Quotations.

“Risk(s)” means the risks inherent to a Contract; the potential adverse effects of the Contract not being performed as required. Examples of risks include disruption to the University’s core business operations and the loss of sensitive University data.

 

S

“Smarter Purchasing” means the University’s purchasing and payment system which allows Staff to order goods and services electronically, goods to be receipted electronically, invoices to be received electronically and automatically matched against purchases orders, with approval of invoice only required where it differs to the order or the items delivered.

“Social and Other Specific Services” are defined in the Public Contracts Regulations 2015, which outline a lighter regime of regulations to be followed when procuring such services with an Estimated Value of £589,148 or more. The types of services included are postal services and hotel and restaurant services. 

“Specification” means the document used to clearly and accurately describe the essential requirements for the goods, services or works.

“Spin-out Company” is a new corporate entity, functioning separately from the University, for developing ideas with commercial potential.

“Standard Terms and Conditions” means standard Contractual terms used by University of Leicester “(Members of) Staff” means employees of the University, including academics.

 

T

“Tender” means the formal offer from a Tenderer, which is capable of acceptance by the University, which is a response to an Invitation to Tender. It shall include all documents comprising the submission including pricing, technical specification and method statements as well as information about the Tenderer. A written Quote or Quotation is also a Tender.

“Tenderer” or “Tenderers” means the Person or Persons invited to participate in a Procurement Exercise.

“Total Value” means the value of a Contract which has been calculated in accordance with Regulation 4.2.1(b) reading where appropriate Total Value for Estimated Value.

 

U

“University” means the University of Leicester.

 

W

"In writing" or "written" for the purpose of interpreting these Regulations includes transmission by any electronic means which have been approved by the Head of Procurement in consultation with the Legal Office.

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