Southern Africa Development Community Secretariat – Procurement and Grants Policy
services; training and training like education services; audit; financial (other than banking
operation); legal and procurement services. It includes also feasibility studies, social and
environmental studies; and identification, preparation and implementation of projects services or
any other services in which the “human factor” is determinant for the output of the contract. By
extension, the operational costs of implementation of the project, including research, organization
or participation in workshops.
(17) “Contractor” means an economic operator entering into a contract with the Contracting
Authority following a procurement procedure. This term shall apply irrespective of the category of
procurement (i.e. services, goods or works) which is subject of the contract;
(18) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything
of value to influence improperly the actions of another party;
(19) "Economic operator" means, according to the context, any natural person, legal person, public
entity or joint venture/consortium of such persons and/or bodies, wishing to or entering into a
contract with the SADC Secretariat following a procurement procedure.
(20) “Emergency” means the circumstances which are urgent, unforeseeable, may cause loss of
property, life or jeopardize SADC Secretariat interests and which are unforeseeable and are not
caused by any dilatory conduct, or bad management, of the Procuring Entity.
(21) “Evaluation Committee” means committee made up of a non-voting chairperson, a non-voting
secretary and an odd number (at least three) of voting members (the evaluators) with the technical
and administrative expertise capacities necessary to give an informed opinion on tenders or grant
applications.
(22) “Executive Secretary” means the Chief Executive Officer of SADC Secretariat appointed under
Article 10 (7) of the Treaty.
(23) “External Tender Committee” means the Committee appointed yearly by the Executive Secretary
from TROIKA Members and entrusted with the authority and responsibility to oversee all
procurement processes using SADC Secretariat’s financial resources, within the thresholds defined
in the Procurement Regulations.
(24) “Fee based contracts,” means a service contract under which the services are provided on the basis
of fixed fee rates for each day worked by consultants. These are activity-based contracts which
might be used for technical assistance and supervision.
(25) “Force Majeure”, in the context of this Policy, means an exceptional event or circumstance:
(a)
which is beyond the control of the party(ies) involved;
(b)
which could not reasonably have been foreseen, avoided and overcome; and
(c)
not substantially attributable to the party(ies) involved.
Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed
below, so long as conditions (a) to (c) above are satisfied:
(a)
war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b)
rebellion, terrorism, sabotage by persons other than the SADC Secretariat/ Procuring Entity’s
and/or economic operator’s personnel, revolution, insurrection, military or usurped power, or
civil war;
(c)
riot, commotion, disorder, strike or lockout by persons other than the SADC Secretariat/
Procuring Entity;
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