DEFINITIONS

a) Supplemental Agreement: A written agreement executed by the Awarded Bidder and the Department or its institutional units which shall serve as a supplement of the existing contract to cover changes incidental to and necessary for the acceptable completion of the project. b) Appellation: Writing submitted by any bidder in an auction in order to request, before a superior level of award, review for the decision taken. c) Award Notice: Final decision of the Auctions Board in processes of formal auctions. d) Change Notice: Official document executed by the Purchases and/or Supplies Unit to legalize agreements that modify the transaction covered by a purchase order. It shall be prepared for every modification or alteration of the terms and conditions stipulated in the purchase order. e) Purchase: the means through which the government acquires goods, services or projects in exchanged of a money payment in strict compliance with all the provisions of Act No. 42 of August 5, 1989: "Preference Procurement Policy Act of the Government of Puerto Rico". f) Purchaser: Official authorized to purchase goods or nonprofessional services of the Department and its institutional units. g) Quotation: The sale offer of goods and nonprofessional services, from suppliers in accordance to the prices of the Office of Purchases. h) Department: Means the Department of Agriculture of the Commonwealth of Puerto Rico. i) Institutional units: The agencies attached to the Department of Agriculture, as defined on Act No. 170 of August 12, 1988, as amended. j) Scientific Equipment: Equipment and specialized scientific materials requested for use in research projects of the agency. k) Emergency: Situation that causes an unexpected or unforeseen public need and that requires an immediate action from the Commonwealth of Puerto Rico or the Department of Agriculture because the life, health or security of its citizens are in 2 danger, or because the effectiveness of the funds are close to expire or any opportunity of acquiring desired goods, works or services and the public interest may be adversely affected. I) Specifications: Group of fundamental characteristics of the equipment, materials and nonprofessional services used as reference by each line of an auction or quotation, such as: physical, functional, aesthetics and quality characteristics, with which the same are described. m) Bond: Guarantee or amount of money deposited in an institution authorized by law in order to assure the compelling with an obligation. n) Appellation Bond: Guarantee or amount of money required to any bidder that appeals auction award, in order to respond for the expenses of an appellation or any harm or prejudice that the same may cause to the Department of Agriculture. It shall be determined taking as a base ten percent (10%) of the total value of the proposal. o) Performance Bond: Amount of money required to the bidder as guarantee when an auction is adjudicated to him, with the purpose of assuring the compliance of the labor, service or delivery to be performed. p) Bid Bond: Guarantee that shall be required to all bidders that participate in an auction to assure the compliance of the offer. The bond may be in certified check, legal currency, or bond of an acknowledged company to make business in Puerto Rico. q) Instructions: Guides to prepare the proposals to the bidders; it shall include the warnings that shall be made to the bidders on changes and other matters that the Secretary, his authorized representative, or the Auctions Board deems necessary to point out to all bidders. r) Jurisdiction: Faculty or capability to comply with a matter or to resolve a controversy. s) Board of Appeals: Organism whose members are appointed by the Secretary in order to comply with the appellations in which an auction is refuted. t) Auctions Board: Administrative organism whose members are appointed by the Secretary of the Department of Agriculture and/or his authorized representative in order to execute and award auctions and whose functions shall be governed by the General Regulation for Purchases and Auctions of the Department of Agriculture and its Institutional Units". u) Bidder: Any natural or juridical person, registered in the Sole Registry of Bidders of the Commonwealth of Puerto Rico (Registro Único de Licitadores del Estado Libre Asociado de Puerto Rico), created by the General Services Administration by virtue of 3