Article 2. The basic concepts used in this Law of the Law On Procurement of Certain Entities of the Quasi-public Sector

Home / RLA / Article 2. The basic concepts used in this Law of the Law On Procurement of Certain Entities of the Quasi-public Sector

The following basic concepts are used in this Law:

1) prequalification is the process of evaluating potential suppliers for compliance with the qualification requirements provided for in the procurement rules.;

2) false information – false information contained in the application of a potential supplier or supplier for participation in procurement by means of a tender, auction, from a single source and a request for price proposals, as well as made by corrections that distort the actual content of documents and do not correspond to the submitted application of a potential supplier or supplier;

3) potential supplier – an individual engaged in business activities, a legal entity (with the exception of government agencies, unless otherwise established for them by the laws of the Republic of Kazakhstan), a consortium applying for a procurement contract;

3-1) an affiliated person of a potential supplier is any natural or legal person who has the right to determine decisions and (or) influence decisions made by this potential supplier, including by virtue of a written transaction, as well as any natural or legal person in respect of whom this potential supplier has such a right.;

4) types of homogeneous goods are not interchangeable homogeneous goods;

5) homogeneous goods, works, and services – goods, works, and services that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions.;

6) works – activities having a material result, as well as other activities classified as works in accordance with the laws of the Republic of Kazakhstan;

7) the conciliation commission is a permanent collegial body that reviews applications from potential suppliers who have evaded the conclusion of a contract and are included in the register of unscrupulous procurement participants or the list of unreliable potential suppliers (suppliers) of the Fund. The composition, working procedure and decision-making of the conciliation commission are determined by the procurement rules. At the same time, the conciliation commission must include representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan, industry associations (unions) accredited by the National Chamber of Entrepreneurs of the Republic of Kazakhstan.;

8) services – activities aimed at meeting the needs of the customer, which have no tangible result.;

9) Fund organizations are legal entities, fifty or more percent of the voting shares (participation interests) of which directly or indirectly belong to the Fund by right of ownership or trust management. Indirect affiliation means that each subsequent legal entity owns fifty percent or more of the voting shares (participation interests) of another legal entity by right of ownership or trust management;

10) offset contract - an agreement concluded between the customer and the supplier for the supply of goods that the supplier plans to produce and ensure its delivery in the future, on pre–agreed terms in terms of cost, quantity (volume) and delivery time.;

11) procurement – purchase of goods, works, and services by customers on a paid basis in accordance with the procedure established by this Law and the procurement rules.;

12) procurement web portal is an information system that ensures procurement in electronic format in accordance with this Law and the procurement rules.;

13) procurement participant – the customer, procurement organizer, potential supplier, supplier and operator of the electronic procurement information system;

14) centralized procurement control service – the service of a national management holding company, national holding company, or national company, with the exception of a national company whose shareholder is a national management holding company or national holding company, as well as the service of a social and entrepreneurial corporation;

15) procurement rules – depending on the scope of regulated relations:

for individual entities of the quasi–public sector, with the exception of the Fund and organizations of the Fund, - a regulatory legal act defining the procedure for procurement by individual entities of the quasi-public sector, with the exception of the Fund and organizations of the Fund, approved by the authorized body in the field of procurement;

for the Fund and the organizations of the Fund – the procedure for procurement by the Fund and the organizations of the Fund, approved by the decision of the Board of Directors of the Fund in coordination with the authorized body in the field of procurement and the authorized body in the field of protection of competition and restriction of monopolistic activity (hereinafter – the procedure for procurement of the Fund);

16) procurement organizer – an official or a structural subdivision of the customer or a legal entity designated responsible for the implementation of procedures for the organization and conduct of procurement;

17) the expert procurement commission is a collegial body created by the procurement organizer or the customer with the involvement of experts to participate in the development of technical specifications and (or) technical specifications of the purchased goods, works, services and (or) the preparation of an expert opinion on the compliance of proposals from potential suppliers with the technical specifications of the purchased goods, works, services;

18) Procurement expert – an individual with special and (or) relevant technical knowledge, experience and qualifications in the field of procurement, supported by relevant documents (diplomas, certificates, certificates and other documents), engaged by the procurement organizer or the customer to participate in the development of technical specifications and (or) technical specifications of the purchased goods, works, services and (or) preparation of an expert opinion on the compliance of potential suppliers' proposals with the technical specifications of the purchased goods, works, services;

19) authorized body in the field of procurement – the central executive body responsible for the management, as well as inter-sectoral coordination in the field of procurement of individual subjects of the quasi-public sector;

20) a procurement contract (hereinafter referred to as the contract) is a civil law contract concluded in accordance with this Law, the civil legislation of the Republic of Kazakhstan and the procurement rules.;

21) customers are separate entities of the quasi–public sector;

22) goods – objects (things), including semi-finished products or raw materials in solid, liquid or gaseous state, electrical and thermal energy, objects of intellectual property rights, as well as property rights with which it is possible to make purchase and sale transactions in accordance with the laws of the Republic of Kazakhstan;

23) the tender commission (auction commission) is a collegial body created by the procurement organizer or the customer to carry out the procurement procedure by means of a tender (auction);

24) The National Welfare Fund (hereinafter referred to as the Fund) is a national managing holding company;

25) an electronic store is an information system integrated with a web–based procurement portal that ensures procurement in accordance with the procedure established by the procurement rules.;

26) the operator of the electronic procurement information system – depending on the sphere of relations:

for individual entities of the quasi–public sector, with the exception of the Fund and the organizations of the Fund, - a legal entity (legal entities) designated by the authorized body in the field of procurement, whose powers are determined by the rules of procurement.;

for the Fund and the organizations of the Fund, it is a legal entity designated by the Fund, whose powers are determined by the procurement procedure of the Fund.

The Law of the Republic of Kazakhstan dated June 8, 2021 No. 47-VII SAM.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases