SECTION 5

Within the meaning of this Decree, the following definitions shall apply: a) Independent auditor: a renowned consultancy hired by the body in charge of the regulation of public contracts to conduct an annual audit of contracts; b) Authority in charge of Public Contracts: the authority at the head of the government body competent in the domain of public contracts; c) Additional clause: contractual document amending some clauses of the initial contract to adapt it to events occurring after the signature of the latter; d) Contract Manager: a natural person authorised by the project Owner to provide general administrative, financial, and technical assistance at the definition, preparation, implementation and acceptance phases of the services provided for in the contract; Being in charge of the general management of the implementation of the services, they shall determine all the technical and financial provisions and shall represent the Project Owner before the competent dispute arbitration bodies; e) Public undertaking’s contracting partner: any natural person or legal entity party to the contract, as well as their representative(s), staff, successor(s) and/or duly appointed representative(s), in charge of performing the services provided for in the contract; f) Follow-up and Technical Acceptance Committee: a committee consisting of members selected according to their area of expertise and responsible for the follow-up and approval of the work executed within the scope of contracts for intellectual services, whose ceilings are determined by the Board of Directors. g) Internal Tenders Board: technical support body placed under the authority of a Project Owner or a Delegated project Owner for the award of contracts; h) Public undertaking: economic unit with legal and financial autonomy, operating an industrial and/or commercial activity and whose capital is owned wholly or in majority by the State or a legal entity governed by public law; i) Associated undertakings: a group of businesses that have come together under a single undertaking and are represented by one of them acting as a common agent; j) Contract Engineer: a natural person or legal entity governed by public law, authorised by the Project Owner to follow up execution of the contract; Being in charge of technical and financial follow-up, they shall examine, decide upon, and give instructions that have no financial implication. They shall report to the Contract Manager; k) Project Manager: a natural person or legal entity to whom the the Contracting Authority entrusts the duty of defending their interests during the definition, development, execution, and acceptance phases of the services covered by the contract; l) Contracting Authority: General Manager of a public corporation, representing the entity benefiting from the services provided for in the contract; m)Contracting Authority’s Representative: person acting as proxy for the Contracting Authority and performing some of the duties of the latter. n) Contract of a public corporation: written agreement entered into, in accordance with the provisions of this decree, by which an entrepreneur, supplier, or service provider undertakes to either carry out work for, or supply goods or services within a given time-limit, for a price; o) Contract amount: amount, inclusive of taxes, of the expenses and payments for the services covered by the contract, subject to any additions or deductions that may be made under the terms of the said contract; p) Structure: any construction, installation, building, assembly and, generally, any material good created or transformed by the execution of works; q) Work and Services: any work, supplies, services or intellectual services to be provided or performed in accordance with the purpose of the contract; r) Tenderers: natural persons or legal entities that apply for a contract in an invitation to tender; s) Sub-Committee for Evaluation: Ad-hoc committee designated by the Internal Tenders Board for evaluation and classification of bids on the basis of technical and financial aspects.