Section 2 in Tamil Nadu Transparency in Tenders (Public Private Partnership Procurement) Rules, 2012
2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context.-(a)"Act" means the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998);(b)"Applicant" means an entity which has submitted or is likely to submit a response to the Request for Expression of Interest (REOI) or Request for Qualification (RFQ), as the case may be;(c)"Application" means the submission made in response to a Request for Qualification (RFQ);(d)"Appointed Date" means the date on which the Concession Agreement comes into force and effect in accordance with the terms outlined therein;(e)"Concessionaire" means the private sector participant which has entered into a Public-Private Partnership;(f)"Concession Agreement" means an agreement entered into between a Procuring Entity and a private sector participant for and in respect of a Public-Private Partnership;(g)"Conditions Precedent" means the obligations which the Procuring Entity or the Concessionaire or both may be required to fulfill prior to the financial closure of the Public Private Partnership (PPP) Project, unless waived in writing by the relevant party in accordance with the terms of the Concession Agreement;(h)"Consortium" means a tenderer comprising of two or more entities for the purpose of responding to a Tender Document, such that if the consortium includes a public sector entity or entities, such public sector entity or entities do not have a controlling stake in the consortium;(i)"Contingent Liability" means a liability accruing to a Procuring Entity through the Concession Agreement or Public Private Partnership (PPP) Project on the occurrence or non-occurrence of an uncertain future event;(j)"Due Date" means the date on which a tender submission is due in response to a Request for Expression of Interest (REOI) or a Request for Qualifications (RFQ) or a Request for Technical Proposals (RTP) or a Request for Proposals (RFP);(k)"Expression of Interest (EOI)" means the submission made in response to a Request for Expression of Interest (REOI);(l)"Final Offer" means the commercial offer made by a tenderer on the basis of the single criterion specified in the Request for Proposal (RFP);(m)"Feasibility Study" means a preliminary study made for investment decision-making, to assess the technical, social, economic and financial viability and the social and environmental impact of a Project including the demand for the services, appropriate technology to be adopted, capital cost, time required for implementation, and such other information as may be prescribed;(n)"Independent Auditor" means an auditor appointed under rule 45;(o)"Independent Engineer" means an Engineer appointed under rule 46;(p)"Lead Member of Consortium" means a member of a consortium who has been designated as the lead member by the Consortium and shall possess such qualifications as may be prescribed in the tender documents;(q)"Letter of Award (LOA)" means the Letter of Award issued by the Procuring Entity to the Lowest Tenderer in accordance with rule 56;(r)"Minimum Technical Requirements (MTR)" means the minimum technical requirements as described in rule 37;(s)"Notice Inviting Tenders" means for the purposes of these rules, the Notice of Request for Qualification (RFQ) in all cases where rules 4, 5 and 6 apply and to the Notice of Request for Proposal (RFP) in cases where sub-rule (2) of rule 3 is invoked.(t)"Performance Security" means a financial guarantee in the appropriate form including a security deposit or bank guarantee or both furnished by the Concessionaire to the Procuring Entity for the performance of its obligations under the Concession Agreement;(u)"Public Private Partnership (PPP)" means an arrangement between a public agency and a private sector participant for the provision of infrastructure through investment made or through design, development, construction, maintenance or operation undertaken by the private sector participant, where risks are allocated between them such that the private sector participant takes on the risk beyond the stage of design and construction and the payment for the services are performance linked, in the form of user charges, annuities or unitary payments;(v)"Project Value" means:-(i)in case of Public Private Partnership (PPP) Projects where the private entity is expected to make capital investments, the value of the asset or facility to be constructed including the cost of land, if the cost of land is to be borne by the private entity; or(ii)in case of Public Private Partnership (PPP) Projects where the private entity is not expected to make substantial capital investments, the current replacement value of the asset or facility, whose operation and maintenance is proposed to be the responsibility of private entity;(w)"Public Sector Comparator" means the estimated hypothetical risk-adjusted life cycle cost of a project if it were to be financed, owned and implemented solely by the government or its agency;(x)"Qualified Applicant" means an Applicant that has been qualified in the Request for Qualification (RFQ) stage;(y)"Request for Expression of Interest (REOI)" means the Tender Document prepared and issued in accordance with Chapter-III;(z)"Request for Proposal (RFP)" means the Tender Document prepared and issued in accordance with Chapter-VI;(aa)"Request for Qualification (RFQ)" means the Tender Document prepared and issued in accordance with Chapter-IV;(ab)"Request for Technical Proposal (RTP)" means the Tender Document prepared and issued in accordance with Chapter-V;(ac)"Response" means any submission required to be made to the Tender Inviting Authority as per the Tender Documents;(ad)"Respondent" means any entity or consortium that has submitted or is likely to submit a Response to the Tender Documents;(ae)"Total Project Cost" means the lowest of the total project cost mentioned in the tender documents or actual capital cost of the project upon completion of the Project as certified by the Independent Engineer; or total project cost as set forth in the financing documents;(af)"Value for Money Assessment" means the quantitative and qualitative assessment of the costs and benefits associated with a project. Value for Money Assessment is used to establish whether implementing a project in the Public Private Partnership (PPP) mode is an economically optimal proposition for the Government or the public agency and it takes into account direct and indirect project execution costs, financing costs, transaction costs, cost of asset transfer on project completion, project monitoring costs and a cost estimation of the possible risks thereof;(ag)"Variation" means changes which occur during the course of project development and delivery and shall be classified into the following forms:(i)Day-to-day operational variations;(ii)Known-variations that are likely to arise and whose nature is known, but time of occurrence and impact are unknown;(ah)"Viability Gap Funding" means a capital grant or subsidy or equity from the Central or State Governments to render a Public Private Partnership (PPP) project financially viable and bankable.Chapter-II. Public Private Partnership (Ppp) - Project Procurement Planning.
