Section 22G. For the purposes of sections twenty-two H to twenty-two M, inclusive, the following words shall, unless the context indicates otherwise, have the following meanings:—
“Comparable low bid or offer”, a responsive and responsible bid or offer which is no more than ten percent greater than the lowest bid or offer submitted for goods or a service.
“Distribution agreement”, an agreement to guarantee a contract for the supply of goods or a service.
“Doing business with Burma (Myanmar)”,
(a) having a principal place of business, place of incorporation or its corporate headquarters in Burma (Myanmar) or having any operations, leases, franchises, majority-owned subsidiaries, distribution agreements, or any other similar agreements in Burma (Myanmar), or being the majority-owned subsidiary, licensee or franchise of such a person;
(b) providing financial services to the government of Burma (Myanmar), including providing direct loans, underwriting government securities, providing any consulting advice or assistance, providing brokerage services, acting as a trustee or escrow agent, or otherwise acting as an agent pursuant to a contractual agreement;
(c) promoting the importation or sale of gems, timber, oil, gas or other related products, commerce in which is largely controlled by the government of Burma (Myanmar), from Burma (Myanmar);
(d) providing any goods or services to the government of Burma (Myanmar).
“Essential”, necessary in order that an agency or authority may perform its mission, there being no substitute, to avoid irreparable harm to agency or authority programs.
“Franchise”, authorization by a person to sell his products.
“Government of Burma (Myanmar)”, any public or quasi-public entity operating within Burma (Myanmar), including, but not limited to, municipal, provincial, national or other governmental and military bodies, including all departments and agencies of such bodies, public utilities, public facilities, or any national corporation in which Burma (Myanmar) has a financial interest or operational responsibilities.
“License”, permission granted by a person to another, or to the government of Burma (Myanmar), to exercise a certain privilege or to carry on a particular business.
“Majority-owned subsidiary”, a company that is at least fifty-one percent owned by another company.
“Person”, any individual and any partnership, firm, association, corporation, or other entity, or their subsidiaries.
“Secretary”, the secretary of administration and finance.
“State agency”, all awarding authorities of the commonwealth, including, but not limited to, all executive offices, agencies, departments, commissions, and public institutions of higher education, and any office, department or division of the judiciary.
“State authority”, as defined in section 1 of chapter 29.