"

Glossary

Accountability

Standards to support public oversight of expenditures and compliance with public procedures, ethical perceptions, and information policies.

Acts

Legislations that are passed by a legislative body.

Actual Authority

The authority of an agent that derives from either express or implied agreement.

Administrative Justice

Rules created and applied by those having governmental powers.

Agency

The relationship that exists when one person or party (the principal) engages another (the agent) to act for them.

Agent

A person who is authorized to act in place of another.

Apparent Authority

Authority that a third party reasonably believes an agent has based on the third party’s dealings with the principal.

Artificial Intelligence Procurement Assistant (AIPA)

A system co-developed with Solita, a Finnish software company to leverage Large Language Models (LLMs) and sophisticated data analytics to enhance the assessment of procurement call bids and funding opportunities.

Asset

An object, or entity that has potential or actual value to a company.

Asset Management (AM)

A coordinated activity by an organization to realize value from assets.

Asset Management Strategy

A strategic plan for the management of an organization’s assets that will be utilized to fulfil the organization’s or corporation’s objectives.

Authority

The right or permission to act legally on another’s behalf. In general, authority can be either actual or apparent.

Benchmarking

Using the results of quality planning on other projects to set goals for your own.

Benford’s Law

A statistical rule commonly used in forensic accounting, election monitoring, and the study of economic crime, including collusion and corruption.

Bid Rigging

To ensure that the contract will be awarded to the bribe-paying firm (whose prices are now inflated to cover the cost of the bribe), government officials manipulate the bidding process to exclude other (presumably cheaper) competitors.

Bid Security

Security required from suppliers by the procuring entity to secure the fulfillment of obligations. Examples include bank guarantees etc.

Bidding Documents

A document provided by a procuring entity to bidders and indicating the form in which they are to submit their bids

Big Data

Extremely large sets of data or fast growing amounts of data from different sources that present industrial organizations with a variety of analysis opportunities.

Binding Arbitration

The submission of a dispute to a neutral party who hears the case and makes a decision. Arbitration takes the place of a trial before a judge or jury.

Blockchain

A digital bridge allowing parties to securely track goods, automate tasks, and potentially reduce fraud.

Books of Authorities

Early legal textbooks that can be easily referenced as an authority in a court of law.

Broker

A person who receives a commission to enter into contracts with third parties on behalf of a principal.

Business Agent

A person who has general power involving the exercise of judgment and discretion, such as a manager or officer.

Business Ethics

The area of applied ethics that focuses on real-world situations and the context and the environment in which transactions occur.

Capital Movements

The transfer of capital between countries, either by companies or individuals.

Case Law or Contract Law

Rules that make agreements binding and, therefore, facilitate planning and the enforcement of expectations.

Cause of Action

A legal claim that can be brought before a court of law to seek a remedy for a wrong or injury that has been suffered.

Change Control

A set of procedures that lets you make changes in an organized way.

Change Control Board

A group of people who consider changes for approval.

Change Request

Also called change control request (CCR), is a document containing a call for an adjustment by either party on changes or revisions to the scope of work.

Civil Law

The system of law that deals with private relations within a community. It is most prevalent in Europe and is also the legal system used in Quebec.

Code of Conduct

A set of guidelines and principles that outline the expected behaviour and ethical standards within an organization.

Collusion

An arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.

Common Law

The body or collection of judge-made law as recorded in judgments.

Competitive Bidding

A common procurement practice that involves inviting multiple vendors to bid for the same material, product, or service per the business's requirements.

Contract Lifecycle Management

The process of tracking and managing every aspect of a contract for its performance, compliance, and other success factors through every stage of the document's lifecycle.

Corporate Social Responsibility (CSR)

A business model that helps a company be socially accountable to itself, its stakeholders, and the public.

Corruption

An act that involves promising, proposing or giving any undue advantage to a person performing a public function for themselves or any other person, in return for acting or omitting to act in a certain way.

Cost of Quality (COQ)

What you get when you add up the cost of all the prevention and inspection activities you are going to do on your project.

Cost-Plus Buying

A purchasing procedure commonly used in many industries, including large food chains.

Cost-Reimbursable Contract

A contract where an organization agrees to pay the contractor for the cost of performing the service or providing the goods most often used when the scope of work or the costs for performing the work are not well known.

Countervailing Measure

Action taken by the importing country, usually in the form of increased duties to offset subsidies given to producers or exporters in the exporting country.

Court of Appeal

The Court of Appeal hears both civil and criminal appeals from decisions of Ontario's two trial courts, the Superior Court of Justice (including the Divisional Court) and the Ontario Court of Justice. Appeal is the process of arguing to a higher court that a court decision is wrong.

Crashing

Adding resources or moving them around to align the project with the schedule.

Critical Path

A project management technique for planning, scheduling, and managing the tasks necessary to complete a project from start to finish

Demand for Payment

A government official demands a bribe or kickback from a firm or individual, or a firm or individual offers a bribe, in exchange for a contract award. In most cases, the corrupt official will permit the bribe payer to inflate the price to cover the bribe and preserve its profits.

Disclosed Principal

Principal whose identity is revealed by the agent to a third party.

Duty to Consult

A procedural duty that guarantees a process and not a particular result.

Dyadic Negotiation

Two individuals interacting with one another to resolve a dispute.

e-procurement Systems

Systems that allow for purchasing and selling supplies, equipment, works, and services through a web interface or other networked system instead of paper-based processes.

Economic Intergration

An arrangement among nations to reduce or eliminate trade barriers and coordinate monetary and fiscal policies.

Encumbrances

A claim against a good by someone other than the person representing or claiming ownership.

Equity

When each individual or group of people is given resources or opportunities that take into account the imbalance in social systems.

Ethics

The code of moral principles and values that governs the behaviours of a person or group with respect to what is right or wrong.

Ex-ante

An uncertainty about the value of a variable before a process has taken place, the estimate of this variable is called 'ex-ante'.

Execution

The stage in the procurement plan where the execution of the procurement procedure is initiated.

Express Authority

Authority given by an express agreement, either verbally or in writing.

Factor

A person who receives and sells goods or property for a commission.

Fair Procurement

Implies that procurement remains impartial, free from discrimination, and complies with laws and policies.

Fast-Tracking

Two activities planned to occur in sequence, but completed simultaneously.

Federal Courts

The court that deals with some types of litigation involving the federal government.

Fiduciary Relationship

A relationship in which one person is under a duty to act for the benefit of another on matters within the scope of the relationship.

First-Tier Suppliers

Suppliers that directly provide goods or services to government entities, ensuring compliance and quality.

Fixed-Price Contract

A legal agreement between the organization/project and an entity (person or company) to provide goods or services to the organization/project at an agreed-on price.

Float

The time involved during an activity that can be postponed without delaying the overall project.

Forwarding Agent

A person who receives and ships goods for a principal.

Future-State Map

Document showing how things should work in order to gain the best competitive advantage.

General Agents

People who have the authority to transact all the principal’s business of a particular kind or in a particular place.

Good Title

Legal and unencumbered claim to a property.

Goods

Tangible items purchased to support organizational operations.

Goodwill

An intangible long-term asset that generates value for a company over a number of years

Grievance Arbitration

A final and binding process to resolve disputes about the interpretation of an agreement during the life of that agreement.

Group Negotiation

Involves more than two individuals or parties to resolve a dispute.

Hansard

The official record of debates in Canada.

Implementation Phase

The phase that involves putting the project plan into action.

Implied Authority

Authority granted to the agent as a result of the principal’s conduct.

Indemnify 

To compensate a person for damages or losses they have incurred or will incur related to a specified accident, incident, or event.

Interest Arbitration

Interest arbitration is a type of arbitration that is used to resolve collective bargaining disputes.

Internet of Things (IoT)

Used to connect various devices through a network in order to sense and collect data around the world on the Internet to process various intelligent applications with the aid of embedded systems, artificial intelligence (AI), various software and sensors.

Inventory Turns

The inventory turnover is a measure of the number of times inventory is sold or used in a time period.

Joint Procurement

The process of collaborating with other departments or organizations to combine purchasing activities.

Life Cycle

The phases involved in the management of an asset. These vary across industries.

Make-or-Buy Analysis

An analysis technique used to decide whether to make the product in-house or outsource it.

Mixed Legal Systems

This category includes political entities where two or more systems apply cumulatively or interactively, but also entities where there is a juxtaposition of systems as a result of more or less clearly defined fields of application.

Most Favoured Nation

A clause that requires a country that provides trade concessions to one county to grant similar favourable trading terms to other countries that it trades with.

Non-Binding Arbitration

That which is commonly employed in simple conflicts where both parties only need guidance.

Notice of Intent

A legal, written paper that warns you that if you do not take a certain action by a certain time, the person or agency who wrote the letter will take action against you legally.

Outcome Goals

Concentrate on achieving certain end results. The goal of any negotiation is influenced by numerous factors.

Outsourcing

The process or a situation when the company employs a third-party provider or organization to do some work instead of using its staff or resources.

Partially Disclosed Principal

A principal whose existence, but not actual identity, is revealed by the agent to a third party.

Plurilateral Agreements

A multi-national legal or trade agreement between countries.

Precedence

A court decision that is considered an authority for deciding subsequent cases involving identical or similar facts or similar legal issues.

Premiums

The difference between the face value or par value of a security and its market price when the latter is greater compared to the discount.

Principal

A person who authorizes another to act as an agent.

Private Law

Governs the relationship between individuals rather than between people and the state.

Procedural Law

A set of rules that govern the enforcement of the rights and obligations established by substantive law. It is the body of law that outlines the procedures for filing a lawsuit, such as filing a complaint and serving notice on the defendant. It also governs the rules for discovery, hearings, and appeals.

Procurement

The strategic process of sourcing and acquiring goods and services for operations.

Procurement Life Cycle

The procurement life cycle starts with the need assessment by the procuring entity and ends with the execution of the contract.

Procurement Management

One of the elements within a supply chain that primarily focuses on the sourcing and purchasing of goods and services.

Project Sponsor

An individual who offers financial resources to fund a project.

Public Governance

Governance refers to the formal and informal arrangements that determine how public decisions are made and how public actions are carried out, from the perspective of maintaining a country’s constitutional values in the face of changing problems, actors and environments (OECD, 2005).

Public Law

Refers to the relationship between the state and the people within it and includes constitutional laws, criminal laws, and administrative laws.

Public Procurement

The government’s process of purchasing goods, services, and works from suppliers.

Pull 

Value for customers is maximized when it is created in response to real demand and a continuous and uninterrupted flow.

Ratification

That which occurs when a disclosed principal adopts or confirms a contract entered into on his or her behalf by an agent.

Reciprocity

Behaviour that gives preferential treatment to suppliers who are also customers of the buying company.

Regulatory Framework

The framework that comprises all public procurement laws and regulations, legal texts of general application, binding judicial decisions and administrative rulings in connection with public procurement.

Relational Goals

Goals focused on building, maintaining, or repairing a partnership, connection, or rapport with another party.

Relative Price

The awarded contract price divided by the initial estimation.

Religious Law

Religious law includes ethical and moral codes taught by religious traditions.

Restorative Justice Circles

A dialogical community-based healing process focusing on an offender’s obligation to repair harms that they have created or actioned.

Risk

The probability of adverse or beneficial events, following a known probability distribution. The International Organization for Standardization (ISO) defines risk as the effect of uncertainty on objectives.

Risk Averse 

Someone who avoid risks, preferring as much security and certainty as reasonably affordable to lower their discomfort level.

Risk Avoidance

A strategy that involves the eradication of hazardous activities that can negatively impact an organization or its holdings. This strategy has a higher probability of success but usually comes at a higher cost.

Risk Management

An entity’s management system designed to (a) identify, understand, and assess potential risks and opportunities (and their interdependence) that may affect the entity, and (b) manage those risks and opportunities to be within its risk appetite, so as to provide proper disclosure and reasonable assurance regarding the achievement of entity objectives.

Risk Management Frameworks

A framework that aims to strike the proper balance between risk and opportunity, protecting the organization without hindering its growth.

Risk Management Process

The process of identifying, assessing and controlling financial, legal, strategic and security risks to an organization's capital and earnings.

Risk Neutral

Someone who will not pay extra to have the risk transferred to someone else, nor will they pay to engage in a risky endeavour.

Risk Reduction

Measures to reduce the risk associated with a project often through the investment of funds or allocation of risky tasks to highly trained personnel.

Risk Seeker 

Someone who will accept risk to access greater rewards despite limited probability and unfavourable odds.

Risk Sharing

Partnering with others to share responsibility for risky activities.

Risk Transfer

Risk reduction method that shifts the risk from the project to another party.

Rule of Law

The principle of the Rule of Law ensures everyone, even leaders, must obey the law.

Rules of Origin

The criteria needed to determine the national source of a product.

Sale of Goods Act

A set of rules that regulate transactions involving the sale of goods in Canada.

Self-Government Agreements

Self-government agreements outline provisions whereby Indigenous groups can govern their own affairs. These agreements address aspects like the structure of the new government and its relationship with other governments, new funding arrangements and the relationship of laws between jurisdictions.

Services

Intangible tasks procured from external vendors to meet organizational needs and goals.

Sharp Practices

A pejorative phrase to describe sneaky or cunning behavior that is technically within the rules of the law but borders on being unethical.

Social Procurement

Using existing purchasing practices to help shape inclusive, vibrant and healthy communities.

Solicitation

The act of offering, or attempting to purchase, goods and/or services.

Sourcing

Activities that revolve around identifying and assessing potential suppliers that offer the best value.

Special Agents

People who only have the authority to conduct a particular transaction or to perform a specific act.

Standard Deviation

A measure of how much the realizations of a random variable are dispersed around its mean.

Subjective Probability 

The probability of something happening based on an individual's own experience or personal judgment.

Substantive Law

A body of legal rules that define and govern individual rights and obligations and are enforceable by the courts. It includes laws that establish the rights and obligations of citizens, such as property law, contract law, and family law. Substantive law also includes criminal law, which defines and prescribes punishments for criminal offences.

Supply Chain

A set of organizations directly linked by one or more of the upstream and downstream flows of products, services, finances, and information from a source to a customer.

Supply Chain Management (SCM)

The control of materials, information, and finances as they move from supplier to manufacturer to wholesaler to retailer to consumer.

Supreme Court

The final court for appeals in the country.

Time and Materials (T&M) Contract

An agreement where one party pays another party for all material and labour costs on a project.

Tort Defence

Employing smart contracting principles and protocols that help to avoid business risks.

Tort Liability

To be held accountable for wrong actions (other than under contract.)

Traditional or Customary Law

The set of customs, practices and beliefs that are accepted as obligatory rules of conduct by a community.

Transfer of Title

Change of property ownership from the seller to the buyer.

Transparency

The quality that ensures open, accessible, and timely information about procurement processes.

Tribunals

Independent bodies that provide dispute-resolution services in various areas and are usually established by legislation.

Triple Constraint

A project management concept that says every project operates within the boundaries of scope, time, and cost.

Undisclosed Principal

A principal whose identity is kept secret by the agent.

Value

Identifying areas that add benefit to a business.

Value Flow

The elimination of waste that makes the remaining value-creating steps flow.

Value Stream

The set of actions that must take place to add value for a customer from the initial request through realization of value by the customer.

Value Stream Map

A visual way to identify steps involved in the supply chain process and their relationship.

Value Stream Mapping (VSM)

A method used to visualize waste in a complete process. VSM maps the flow of process, information, and material.

Whistleblower Policy

Policy for protecting individuals who report activities believed to be illegal, dishonest, unethical, or otherwise improper.

Zero-Sum Negotiation

The tendency to view a negotiation as purely distributive; what one side wins, the other side loses.

License

Icon for the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

Introduction to Public Procurement Copyright © 2024 by Jennifer Misangyi is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.