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Chapter II - Definitions (3. §)

3. §

For the purposes of this Act the following definitions apply:

1.    ‘tenderer’: an economic operator who (which) submits a tender in a procurement procedure;

2.    ‘subcontractor’: an economic operator who (which) participates directly in the performance of the contract concluded in a procurement procedure involved by the tenderer, except for

(a)    economic operators who (which) pursue their activity on the basis of an exclusive right,

(b)    manufacturers, distributors and sellers of parts and basic materials intended to be employed for the performance of the contract,

(c)    sellers of building material, in case of public works;

3.    ‘label’: any document, certificate or attestation confirming that the given works, products, services, processes or procedures in question meet certain requirements;

4.    ‘label requirement(s)’: the requirements to be met by the works, products, services, processes or procedures in question in order to obtain the label concerned;

5.    ‘European Single Procurement Document (ESPD)’: for the purposes of Part Two of this Act, the document which serves as preliminary evidence for the non-existence of any ground  for  exclusion,  the ability to meet the suitability criteria and the fulfilment of the  objective criteria pursuant  to Article 82(5);  the ESPD shall consist of a self- declaration made by the relevant economic operator on the basis of a standard form established by the European Commission;

6.    ‘electronic communications network’ and ‘electronic communications service’: the term defined by the Act on Electronic Communications;

7.    ‘life cycle’: all consecutive and/or interlinked stages, including research and development to be carried out, production, trading and its conditions, transport, use and maintenance, throughout the use of the product, provision of the service or existence of the works, from raw material acquisition or generation of resources to disposal, clearance and end of service or utilisation;

8.    ‘a work’: the term defined by the Act on the Formation and Protection of the Built Environment;

9.    the terms ‘European Union and Member States of the European Union’ also refer to the European Economic Area and the states that are signatories to the Agreement  on  the European Economic  Area,  except  in the case of Article 9 (1) (c);

10.    ‘economic operator’: any natural or legal person, individual firm, any entity which has legal capacity under its personal right or any group of such persons or entities, which offers on the market, respectively, the execution of works, products or services;
11.    ‘disadvantaged workers’: the term defined by the Act on Job Assistance and Unemployment Benefits;

12.    ‘innovation’: the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business practices, workplace organisation or external relations, in particular with the purpose of improving the efficiency of a given activity and having a favourable impact on the society and environment;

13.    ‘written’ or ‘in writing’: for the purposes of declarations made and procedural acts carried out in the course of the procurement procedure, any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means;

14.    ‘ancillary purchasing services’: activities consisting in the provision of support to the conduct of procurement procedures, in particular

(a)    provision of the technical infrastructure which enables contracting authorities to conduct procurement procedures or to conclude framework agreements;

(b)    advice on the conduct or design of procurement procedures;

(c)    preparation and management of procurement procedures on behalf and for the account of the contracting authority concerned;

15.    ‘affiliated company’ : a company which shall prepare consolidated annual accounts together with the contracting entity pursuant to the Act on Accounting or any company

(a)    over which the contracting entity can exert a dominant influence, whether directly or indirectly, or

(b)    any company which can exert a dominant influence on the contracting entity or

(c)    which, together with the contracting entity, is subject to the dominant influence of another company;

16.    ‘elements of the claim’: a distinguishable part of the claim submitted to the Public Procurement Arbitration Board, which contains the procedural step, conduct, decision or omission considered unlawful, including the indication of the legal provision(s) infringed, furthermore, the motion for the decision of the Public Procurement Arbitration Board and the reasons for the motion, with the proviso that the challenging of the contracting authority’s decision on the invalidity of the applicant’s tender or the request to participate constitutes one single element of the claim, except where another legal consequence is linked to any of the grounds for invalidity;

17.    ‘the risk related to demand’: the risk related to the current demand for the works or service which constitute the subject-matter of the contract;

18.    ‘framework agreement’: an agreement between one or more contracting authority (authorities) and one or more tenderer(s), the purpose of which is to establish the substantial terms governing public contracts to be signed between the parties in a specific manner during a given period, in particular with regard to the consideration and, if possible, the quantity envisaged;

19.    ‘the risk related to supply’: the risk related to the execution of the works or service which constitute the subject-matter of the contract;

20.    ‘concessionaire’: an economic operator with which the contracting authority has concluded a contract related to works or service concession;

21.    ‘procurement document’: any document produced or referred to by the contracting authority to describe or determine the subject-matter of the procurement or the concession, the procurement procedure or the concession award procedure, in particular the contract notice announcing the procedure, the prior information notice used to announce the procedure, the technical specifications, the descriptive document, addditional information, proposed conditions of contract, models for the presentation of documents by economic operators, detailed price chart or the unpriced budget;
22.    ‘preparation of the procurement’: completion of the activities required for launching the relevant procurement procedure or concession award procedure, including in particular the assessment of the situation and market survey, prior market consultation relevant to the public procurement in question, the assessment of the estimated value of the public procurement and preparation of procurement documents;

23.    ‘commencement of the public procurement’: the date of dispatch of the contract notice or the concession notice or, in the case of a procedure without  prior  publication the date when  the call for  competition or the invitation to negotiation is sent or, in the absence of such documents, the date of starting the negotiation;

24.    ‘public contracts:’ contracts for pecuniary interest concluded in writing by contracting authorities under this Act and having as their object the execution of works, the supply of products or the provision of services;

24a.     ‘procurement service provider’: any person or organisation offering ancillary purchasing service on the market, in particular the accredited public procurement consultant;

25.    ‘central purchasing body:’ the entity entitled to launch a call for tenders in centralised purchasing procedures;

26.    ‘centralised public procurement’: activities conducted on a permanent basis by a central purchasing body, with the aim of

(a)    acquiring supplies or services for resale to contracting authorities under this Act and

(b)    awarding public contracts or concluding framework agreements for works, supplies or services intended for contracting authorities under this Act;

27.    ’ contracts of contracting entities’: a public contracts which are intended to ensure the preparation, the starting or the pursuing of the contracting entities’ public service activity under this Act;

28.    ‘dominant influence’: it can be exercised by an entity which satisfies at least one of the following conditions regarding another entity:

(a)    its contribution to the assets or, in the case of public limited-liability companies, the nominal value of the shares it holds exceeds half of the subscribed capital,

(b)    it alone controls the majority of the members’ votes or, on the basis of an agreement concluded with the entity having such influence, other members vote with the same content as the latter, or other members exercise their right to vote through the entity having such influence, provided they hold together more than half of the votes,

(c)    it is entitled to elect (appoint) or recall more than half of the entity’s chief officers (decision-makers, managers) or members of the entity’s supervisory board (supervisory, controlling authority, body);

29.    ‘media service provider’: any natural or legal person who or which has an editorial responsibility for the choice of the media service’s contents, and determines the provision of the media service’s contents;

30.    ’technical equivalence’: a decisive technical parameter of a facility, product or service, which can be measured and the prescribed index number may be met by more than one facility, product or service;

31.    ’sub-central contracting authority’: contracting authorities under Article 5(1)(c)-(e) and paragraph (2);6

32.    financial institution: the term defined by the Act on Credit Institutions and Financial Enterprises;

33.    ’postal consignments’: an item addressed in its final, deliverable form, irrespective of its weight; besides letters, in particular books, catalogues, newspapers, magazines and postal packages containing merchandise with or without commercial value;

34.    ’postal services’: services which consist of the clearance, sorting, transport and delivery of postal consignments, including in particular universal postal service, postal services that substitute universal postal service and the ones that do not substitute universal postal service under the Act on Postal Services;

35.    ‘services differing from postal services:’ are services provided in the following areas:

(a)    mail-service management services (services both preceding and subsequent to dispatch, in particular mail management services);

(b)    services concerning postal consignments not included in point (a), in particular direct mail bearing no address;

36.    ‘candidate’: any economic operator who (which) submits a request to participate in the first stage, that of participation, of a procurement procedure consisting of more than one stage or in a concession award procedure;

37.    ‘professional tender’: the offer made on the subject-matter of the procurement and the prescriptions established by the contracting authority in the technical specifications and the contract terms;

38.    ‘developmental employer’: an organization under Article 99/D (1) of the Act on Social Governance and Social Benefits;7

39.    ‘subsidies’: the granting of funds or other pecuniary benefits to the contracting authority for the performance of the public contract, excluding tax incentives, guarantees and the support provided by taxpayers for a purpose defined by the Act on Corporate Tax and Dividend Tax, furthermore offers made by taxpayers for a specific purpose defined by the Act on Corporate Tax and Dividend Tax;

40. ‘design contest’: a procedure which is regulated in detail in an act of legislation and enables the contracting authority to acquire, mainly in the fields of town and country planning, architecture and engineering, data processing, a plan or design selected by a jury after being put out to competition with or without the award of prizes;

40a. ‘defence and security concession’: a procurement for the purpose stipulated in Article 4 (1) and (2) of Act XXX of 2016 on Defence and Security related Procurements, which qualifies as work or service concession pursuant to Article 8 (5)-(6);

41.    ‘sheltered place of employment’: employment by an accredited employer on condition that the employer ensures a transit or permanent employment and as a minimum 30% of its employees are deemed to be persons with reduced ability to work pursuant to Article 22 of Act CXCI of 2011 on the benefits of persons with reduced ability to work and on the amendment of certain acts and, in addition, employers which were established with the aim of employing disadvantaged workers.