Article 3. Basic concepts used in this law of the Law on Public Procurement

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The following basic concepts are used in this Law:

1) false information – false information contained in the application for participation in a tender, auction and supporting documents of a potential supplier and (or) an engaged subcontractor (co-executor) on qualification requirements and (or) documents affecting the competitive price offer, as well as corrections that distort the actual content and do not correspond to reality and the supporting documents of the potential supplier in the submitted application;

2) auction documentation – documentation submitted to a potential supplier for the preparation of an application for participation in an auction, which contains the requirements for an application for participation in an auction, the conditions and procedure for conducting public procurement by auction;

3) potential supplier – an individual engaged in entrepreneurial activity, a legal entity (except for state institutions, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) applying for a public procurement contract, as well as an individual who is not a business entity, in the cases provided for by the legislation of the Republic of Kazakhstan. by this Law;

4) 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.;

5) starting price – the price offered by a potential supplier before the auction, attached to the application for participation in the auction, which cannot be lower than the allocated amount of the auction item by more than five percent.;

6) 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.;

7) the unified procurement platform (hereinafter referred to as the web portal) is an information system of the authorized body in the field of public procurement that provides a single point of access to electronic services for public procurement and procurement carried out in accordance with the Law of the Republic of Kazakhstan "On Procurement of Certain Entities of the Quasi-Public Sector";

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

9) the conciliation commission is a permanent collegial body established by the customer to consider applications from potential suppliers included in the register of unscrupulous participants in public procurement due to evasion from concluding a public procurement contract.;

10) competitive price offer – the price offered by a potential supplier for participation in public procurement through a tender, attached to the application for participation in the tender;

11) tender documentation – documentation submitted to a potential supplier for the preparation of an application for participation in a tender, which contains the requirements for an application for participation in a tender, the conditions and procedure for conducting public procurement through a tender;

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

13) residents of the Republic of Kazakhstan – citizens of the Republic of Kazakhstan, including those temporarily staying abroad or serving in public service outside of it, with the exception of citizens who have a document for the right of permanent residence in a foreign country issued in accordance with the legislation of that state.;

foreigners and stateless persons who have a document for the right of permanent residence in the territory of the Republic of Kazakhstan;

legal entities established in accordance with the legislation of the Republic of Kazakhstan, with their location on its territory, as well as their branches and representative offices located in the Republic of Kazakhstan and abroad;

diplomatic, trade and other official representations of the Republic of Kazakhstan located outside its borders;

14) public procurement – the purchase by customers of goods, works, and services in whole or in part from budgetary funds, allocated money from a Special state Fund in accordance with the legislation of the Republic of Kazakhstan, and (or) their own income;

15) a single organizer of public procurement (hereinafter referred to as the single organizer) is a legal entity designated by the Government of the Republic of Kazakhstan, the akimat of a region, a city of republican significance and the capital, or the akimat of a district (city of regional significance) that performs the procedures for organizing and conducting centralized public procurement;

16) public monitoring of public procurement is a process of systematic collection, generalization and analysis carried out through a web portal and based on the information contained therein on the planning, conduct, execution and control of public procurement, affecting the rights and legitimate interests of an unlimited number of persons, subjects of public control in accordance with the Law of the Republic of Kazakhstan "On Public Control";

17) the organizer of public procurement (hereinafter referred to as the organizer) is a legal entity or a structural subdivision acting on behalf of the legal entity that created it, which organizes and conducts public procurement in accordance with this Law.;

18) a single operator in the field of public procurement (hereinafter referred to as the single operator) is a legal entity designated by the authorized body in the field of public procurement, the sole owner of shares (participation shares in the authorized capital) of which is the state;

19) the authorized body in the field of public procurement (hereinafter referred to as the authorized body) is the central executive body responsible for the management of public procurement;

20) subjects of public procurement – potential supplier, supplier, customer, organizer, single organizer, single operator, authorized body, expert, expert commission;

21) a public procurement contract (hereinafter referred to as the contract) is a civil law contract concluded through a web portal between the customer and the supplier, certified by electronic digital signatures, except in cases provided for by the rules for public procurement approved by the authorized body.;

22) an order is a mandatory administrative act of an authorized body sent to control facilities to eliminate identified violations of the legislation of the Republic of Kazakhstan on public procurement and (or) the causes and conditions contributing to them, as well as to take responsibility measures provided for by the laws of the Republic of Kazakhstan to persons who committed these violations.;

23) Sustainable public procurement is the acquisition by customers of goods, works, and services in order to ensure optimal and efficient spending of money used for public procurement throughout their life cycle, as well as achieving social, economic, and environmental aspects of development.;

24) supplier – an individual engaged in entrepreneurial activity, a legal entity (except for state institutions, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) acting as a party to an agreement concluded with the customer, as well as an individual who is not a business entity, in cases where provided for by this Law;

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

26) the expert – an individual with special and (or) technical knowledge, experience and qualifications in the field of public procurement, supported by relevant documents (diplomas, certificates, certificates and other documents), engaged by the customer, organizer, single organizer 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 the proposals of potential suppliers with the technical specifications of the purchased goods, works, services;

27) customers – state bodies, state institutions, as well as state-owned enterprises, legal entities, fifty or more percent of the voting shares (stakes in the authorized capital) of which belong to the state, and legal entities affiliated with them, with the exception of state-owned enterprises as property complexes, legal entities, fifty or more percent of the voting shares (stakes in the authorized capital capital) owned by the state, and legal entities affiliated with them, transferred to the trust management of individuals or non-governmental legal entities with the right of subsequent redemption;

28) 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;

29) the database of prices for goods, works, and services is an information subsystem that is part of a web portal containing information on the prevailing minimum, average, and maximum prices for goods, works, and services based on the results of public procurement;

30) the directory of goods, works, and services (hereinafter referred to as the directory) is a systematic list of codes of goods, works, and services determined by an authorized body and used for public procurement;

31) turnkey construction agreement – an agreement the subject of which is complex works on the construction of an object and its commissioning, including the performance of design, survey, construction and installation (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repairs) and other works, as well as related supplies goods and services, except for conducting a comprehensive non-departmental expertise of projects and technical supervision services;

32) national regime – a regime providing for the admission of goods, works, and services of foreign origin and potential suppliers offering such goods, works, and services to participate in public procurement on equal terms with goods, works, and services of Kazakhstani origin and potential suppliers offering such goods, works, and services, if the requirement to provide This regime is established by international treaties ratified by the Republic of Kazakhstan.;

33) format-logical control is a set of programmatic restrictions established on the web portal, aimed at ensuring that users of the web portal comply with the legislation of the Republic of Kazakhstan on public procurement;

34) electronic wallet – the personal account of a potential supplier or supplier used by a single operator to reflect the operations of a potential supplier or supplier when depositing money into the account of a single operator related to:

securing applications for participation in public procurement;

ensuring the execution of the contract;

securing an advance payment (if the contract provides for an advance payment);

by depositing an anti-dumping amount;

35) e–shop is a subsystem of a web portal that provides aggregation of data posted on electronic trading platforms that meet the requirements determined by a single operator in agreement with an authorized body.;

36) electronic product catalog is an information subsystem of a web portal designed to form a unified description of goods in public procurement.

The Law of the Republic of Kazakhstan dated December 4, 2015 No. 434-V SAM.

President

Republic of Kazakhstan

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