55/2012 Sb.



LAW



of 31 March 2004. January 2012,



amending Act No. 137/2006 Coll., on public procurement, as amended by

amended



Change: 341/Sb.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 137/2006 Coll., on public procurement, as amended by Act No.

110/2007 Coll., Act No. 296/2007 Coll., Act No. 76/2008 Coll., Act No.

124/2008 Coll., Act No. 41/2009 Coll., Act No. 110/2009 Coll., Act No.

228/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009 Coll., Act No.

179/2010 Coll., Act No. 423/2010 Coll., Act No. 73/2007 Coll. and Act No.

258/2010 Coll., shall be amended as follows:



1. in article 2, paragraph 3 reads:



"(3) Subsidised by the contracting authority is a legal or natural person who

Specifies the contract paid more than 50% of the funds

from public sources or if the funds provided to the public

order from these sources exceed 200 000 000 CZK; funds

are provided from public sources, even if they are provided

through another person. ".



2. In paragraph 2, at the end of paragraph 7, the following sentence "However, the contracting authority

does not flow under the provisions applicable to the sector of the contracting authority,

When it carries out the relevant activity under section 4 (4). 1 (b). (d)), and (e)). ".



3. in article 2, the following paragraph 11, which read:



"(11) if the contract specifies the Association of contracting authorities and at least one

participant of the Association of sponsors is a foreign person established in a Member

State of the European Union, can the parties agree that the applicable Association

the law is the law of the United States or the law of the Member State of the European

the Union, in which it is situated, the participant associations. ".



4. In article 3, paragraph 3. 2 the words "except in the case where this is a

centralized input in the area of defence or security. "



5. In section 3, paragraph 3. 5, the words "(a). and) "are deleted.



6. In section 4, paragraph 4. 1 (b). g) points 1 and 2, section 11 (1) 3, section 20 (2). 1, 2, and

5, § 47, § 77 para. 5, § 100 para. 2 and 5, § 104 paragraph. 1 and § 107 para. 3

the words "European Community" shall be replaced by the words "European Union".



7. In paragraph 6 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the contracting authority may not restrict participation in a tender procedure to those vendors,

who have their head office or place of business in a Member State of the European Union and

the other States that have with the Czech Republic and European Union

an international agreement guaranteeing the access of suppliers of these

States to the awarded public contract. ".



8. § 12 para. 2 and 3, the amount "Eur 2 000 000 ' is replaced by ' 1 000

EUR "and the amount" of $6 000 000 ' shall be replaced by "3 000 000 Eur".



9.



cancelled



10. In paragraph 13 the end of the text of paragraph 8, the words "paragraph. 1. "



11. in article 16, the following new section 16a, which including the title reads as follows:



"§ 16a



Significant contract



An important contract means the contract, which

Specifies the



and the contracting authority pursuant to § 2), para. 2 (a). and) or (b)), or other legal

person pursuant to § 2 (2). 2 (a). (d)), if the Czech Republic in relation to the

This person in a position according to § 2 (2). 2 (a). (d)), point 2, and

the estimated value of a public contract shall be at least 300 000 000 CZK



(b)) the sponsor pursuant to § 2 (2). 2 (a). (c)) or other legal entity according to the

§ 2 (2). 2 (a). (d)), if the contracting authority according to § 2 (2). 2 (a). (c))

relation to that person in a position according to § 2 (2). 2 (a). (d)) (2),

While the estimated value of a public contract shall be at least 50 000 000

CZK. ".



12. In paragraph 17 of the letter g) is added:



"(g) the public procurement Journal) part of the information system on public

procurement (hereinafter referred to as the "information system"), which secures the

disclosure of information on public procurement ".



13. in paragraph 17, at the end of the letter t) dot is replaced by a comma and the following

letters u) to x), including footnote # 19:



"u) public resources



1. a subsidy granted from the State budget, from the budgets of municipalities and regions,

State funds, or of the Regional Council of the cohesion region,



2. the resources or grants allocated according to a special legal

prescription ^ 19),



3. grants of the European Union, or



4. subsidies, allowances and aid granted from public budgets and other

money funds of a foreign State, with the exception of money funds managed

businesses headquartered or domiciled abroad,



in a person with special qualifications), the person who



1. the employment relationship to the contracting authority zadávajícímu

contract or another contracting authority and



2. graduated from the training program according to § 151a,



w) documentation on contract summary of all documents in paper or

electronic form, the making of which in the course of the procurement procedure,

or after its termination, this law requires, including the full text of the

the originals of the tenders of all suppliers and contracts,



x) profile sponsor electronic tool, through which

under this Act the contracting authority publishes information and documents to your

public procurement in a manner that allows unrestricted and direct remote

access, and whose Internet address is published in the journal of public

of contracts; requirements requirements the contracting authority lays down detailed profile

legal prescription.



19) Act No. 131/2002 Coll., on the promotion of research, experimental development and

innovation of public funds and amending certain related laws

(Act on the promotion of research and development), as amended. ".



14. in section 18 para. 1 (b). and) the words "or by posting of the written invitation

under section 38 shall be replaced by "or by posting of the written invitation to submit

tenders in a simplified lower management ".



15. in section 18 para. 3 the letter g) is added:



"(g)), type them governed by specific procedural rules

an international organization that conducts purchases for its own purposes, and

or that must be awarded by the Member States in accordance with those

rules. ".



16. in section 18 para. 4 (b). (b)), after the words "the", the words "building

the work ".



17. in section 18 para. 4, point (d)) including footnote # 28

repealed.



Subparagraph (e))) to (i) shall become points (d) to (h)).)



18. in section 19 para. 2 (a). a), the words "European communities"

replaced by the words "European Union".



19. in paragraph 22 of the paragraph. 1 with the number "8" is replaced by "9".



20. in paragraph 22 of the paragraph. 2, the words "referred to in paragraph 1" shall be deleted.



21. in paragraph 2 of article 23. 1 (b). and a) and b), the words "with the publication of" comma

repealed.



22. in paragraph 2 of article 23. 1 (b). (c)) the words "and in the case of public

contracts in the field of Defense and security also in the competitive dialogue ".



23. in paragraph 23 of the paragraph. 5 (b). (b)), the words "incompatibility with the original delivery

or would impose disproportionate technical difficulties in operation and maintenance

the original shipment "shall be replaced by the words" the incompatibility would mean

disproportionate technical difficulties in operation and maintenance ".



24. In paragraph 25 (b). (b)), the amount "Eur 20 000 000 ' shall be replaced by" 10 000

USD ".



25. in section 28 para. 2, the third and fourth sentences shall be replaced by the phrase "Only

the contracting authority in the case of public contracts in the defence sector or

Security and sector, the contracting authority may, by notice restricted procedure to restrict the

the number of candidates for participation in the restricted procedure and also set a maximum

the number of candidates, which invited to tender; invite to submit a tender only

candidates selected in accordance with § 61, in the case of the contracting authority, or in the

accordance with section 66, as regards sector sponsor. ".



26. in section 28 paragraph 3 reads:



"(3) the contracting authority in the case of public contracts in the defence sector or

safety is obliged to invite to tender at least 5 candidates.

Sector, the contracting authority is obliged to invite to tender at least 3

lead. If the contracting authority in the case of public procurement in the

field of defence or the security lodged less than 5 requests to participate in the

restricted procedure or less requests to participate before the Contracting Authority stated in

notification of the restricted procedure, may invite to submit a tender all the leads,

who submitted the request for participation and demonstrated meet the qualifications in the

to the extent required; This is true even if the meet the qualifications

showed less than 5 participants. If they have been submitted to the contracting authority sektorovému

less than 3 requests to participate in restricted procedure or less requests for participation

before the sponsor said in a notice restricted procedure, may invite to submit a

all candidates who submitted the request for participation and demonstrated

meet the qualifications to the extent required; This is true even if

meet the qualifications have proved less than 3 leads. ".



27. in section 28, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



28. in section 29 para. 2, the third and fourth sentences shall be replaced by the phrase "Only

the contracting authority in the case of public contracts in the defence sector or

Security and sector, the contracting authority may, by notice of the rules of procedure with

the publication limit the number of candidates for participation in the negotiated procedure with

publication and also set a maximum number of candidates which will prompt you to


the submission of tenders; invite to submit a tender only candidates selected in accordance

with § 61, in the case of the contracting authority, or in accordance with section 66, as regards

sector sponsor. ".



29. in section 29, paragraph 3 reads:



"(3) the contracting authority in the case of public contracts in the defence sector or

safety is obliged to invite to tender at least 5 candidates.

Sector, the contracting authority is obliged to invite to tender at least 3

lead. If the contracting authority in the case of public procurement in the

field of defence or the security lodged less than 5 requests to participate in the

negotiated procedure with the publication of requests for participation or less, than a public

the sponsor said in the announcement of the negotiated procedure with publication, may invite

to submit an offer all candidates who submitted the request for participation and

prove compliance with qualification to the extent required; This is true even in the

the case, if you meet the qualifications has proven less than 5 participants. If

sektorovému the contracting authority have been made less than 3 requests for participation in the

negotiated procedure with the publication of requests for participation or less, than the contracting entity

said in a notice of the negotiated procedure with publication, may invite to submit a

all candidates who submitted the request for participation and demonstrated

meet the qualifications to the extent required; This is true even if

meet the qualifications have proved less than 3 leads. ".



30. In paragraph 30, at the end of paragraph 8, the words "paragraph. 1. "



31. in § 31 para. 5 and § 33 para. 3 and 5, the words "§ 29 para. 4 "

replaced by the words "§ 29 para. 3. "



32. In § 33 para. 4 is the number "7" shall be replaced by the number "6".



33. In article 33, paragraph 5 is added:



"(5) the contracting authority shall invite all Sector leads that called for the participation of

at the hearing, to the submission of tenders. In the written invitation to tender must be

sector sponsor duly defined one or more solutions for

performance of the contract, the contracting authority is a sector that was selected.

The provisions of § 29 para. 4 shall apply accordingly. ".



34. In section 34 para. 2 (a). (c)), the words "and paragraph 2. 8 (a). (b)) "are replaced by

the words "paragraph. 8 (a). (b)) or para. 10 (a). and (c))) ".



35. In article 34, the following paragraph 5 is added:



"(5) a written challenge pursuant to paragraph 1 shall not be required for public works contracts

awarded by



and § 23 paragraph 1). 5 (b). (c)), and



(b)) § 23 para. 7 (b). and in the case of public contracts) for additional

construction work. The contracting authority is obliged to make a written inventory and

the preamble to the need as follows entered works including prices. ".



36. In § 35 para. 3, the third and fourth sentence are deleted.



37. In article 35, paragraph 4 shall be deleted.



Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.



38. In § 36 odst. 1 the words "and to define one or more appropriate solutions

eligible "is replaced by" suitable solutions capable ".



39. In § 36 odst. 3 at the end of the text of the first sentence, the words "paragraph.

1. "



40. In § 36 paragraph 6 is added:



"(6) the contracting authority persists in acting in a competitive dialogue, until the

before deciding whether the presented solutions are appropriate. ".



41. In section 36, paragraph 7 shall be deleted.



42. In section 37 paragraphs 1 and 2 shall be added:



' (1) on the conclusion of the negotiations in the competitive dialogue, the contracting authority shall inform the

in writing to all applicants who were asked to participate in a competitive

dialogue, and at the same time each will send the decision on the suitability of its solution with

the reasons and shall invite him to submit a tender.



(2) the contracting authority shall adjust the specifications according to the results of the negotiations in the

competitive dialogue. ".



43. In § 38 paragraph 1(a). 2, the words "appropriate means" be replaced by "

profile of the contracting authority ".



44. In article 38, paragraph 3 shall be deleted.



Paragraphs 4 to 6 shall become paragraphs 3 to 5.



45. section 39 including the title reads as follows:



"§ 39



The time limits applicable in the tender for the contracting authority



(1) any time limit specified by the contracting authority must be established with the

regard to the subject-matter of the contract.



(2) the time limit for receipt of requests to participate in a restricted procedure, the negotiated procedure

with the publication of, or competitive dialogue procedures and required documents

to demonstrate that the qualifications may not be less than



and 37 days for excess/bulky) public procurement, or



(b)) 15 days for public procurement podlimitních.



(3) the time limit for the submission of tenders shall not be



and the excess of public procurement) of less than



1.52 days in an open procedure, or



2. the 40 days in the restricted procedure,



(b)) for the public procurement of less than podlimitních



1.22 days in an open procedure, or



2. the 15 days in the restricted procedure and in the simplified lower control.



(4) the time limits referred to in paragraphs 2 and 3 the major public contracts

extend by at least half.



(5) the deadline for the submission of tenders, the contracting authority shall lay down the



and in the competitive dialogue), the negotiated procedure with publication and in

a simplified lower control in the invitation to tender,



(b)) in the negotiated procedure without publication, in the invitation to negotiate, if not

agreed to in the framework of the negotiations,



(c)) in the proceedings on the basis of the framework contract under section 92 in the invitation to submit

menu.



(6) the time limits for receipt of requests to participate referred to in paragraph 2 begin to run

on the day following the date of the initiation of the procurement procedure. The deadline for the submission of

tenders referred to in paragraph 3 shall not start running in the case of open procedure and

the simplified case management on the day following the date of the initiation of the

the tender, in the case of restricted procedure, negotiated procedure with the

the publication, a competitive dialogue, and the proceedings on the basis of the framework contract

on the day following the day on which the invitation to tender and in the case of

negotiated procedure without publication date of dispatch of the invitation to the meeting. ".



46. In article 40, paragraphs 1 and 2 shall be deleted.



Paragraphs 3 to 6 shall be renumbered 1 to 4.



47. In article 40, paragraph 1 reads:



"(1) if the contracting authority shall publish a notice to the contracting authority the award profile

documentation in full from the date of publication of a notice of an open

control or a restricted procedure, may shorten the time limit for the submission of tenders by 5

days. ".



48. In article 40, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



49. In § 40 paragraph 3 reads:



"(3) where a contracting authority makes the editing of terms, is

shall at the same time reasonably extend the time limit for the submission of requests to participate

in a procurement procedure or a time limit for the submission of tenders, in accordance with the nature of the

the edits you made. In the event of such changes to the terms of reference, which

may extend the range of potential suppliers, the contracting authority, the time limit shall be extended

from the changes amounted to the entire length of the period for the submission of the original

requests for participation or for the submission of tenders. "



50. in paragraph 41, paragraph 7 is added:



"(7) the deadline for the receipt of requests to participate referred to in paragraph 2 begin to run

on the day following the date of the initiation of the procurement procedure. The deadline for the submission of

tenders referred to in paragraphs 3 to 6 shall not start running in the case of open

management on the day following the date of the tender, in the case of

restricted procedure, negotiated procedure with the publication of, the competitive dialogue, and

proceedings on the basis of a framework contract on the day following the date of dispatch

the invitation to tender and in the case of negotiated procedure without publication date

send the invitation to the meeting. ".



51. section 42 including the title reads as follows:



"§ 42



Changes to the time-limits in public procurement procedures in force for the sector of the contracting authority



(1) if the Contracting Authority published a sector periodic indicative notice

According to § 87 and if this periodic indicative notice has been sent to

publication or have been sent notice of the publication of a periodic

prior information notice on the profile of the sector of the contracting authority to publication of the

period of not less than 52 days and no more than 12 months before dispatch

the announcement of the open procedure, the contracting authority may subject sector

conditions for disclosure under § 146 paragraph. 3 the second sentence, shorten

for the submission of tenders in an open procedure for the excess of procurement

for 36 days, and if, for objective reasons cannot be determined this time limit, up to

22 days ago.



(2) if the contracting authority shall publish the profile of the sector contracting authority procurement

documentation in full from the date of publication of the notice of initiation

the procurement procedure, it may shorten the time limit for the submission of tenders for 5 days. It

does not apply if the time limit for the submission of tenders negotiated pursuant to § 41 para.

4.



(3) a shortening of the time limits referred to in paragraphs 1 and 2 can be added, if sectoral

the contracting authority shall comply with the minimum length of the time limits laid down in paragraphs 4 to 6.



(4) in an open procedure should not be the deadline for the submission of tenders, never less

over 22 days and in the case that the notification is delivered open procedure

by electronic means (article 149), less than 15 days.



(5) the time limit for receipt of requests to participate in a restricted procedure or the rules

control with the publication or time limit for delivery confirmation of interest in participation

According to § 88 para. 3 must never be less than 15 days.



(6) the time limit for the submission of tenders in the restricted procedure or a negotiated procedure with the

the publication must never be less than 10 days if it has not been established

on the basis of the agreement pursuant to § 41 para. 4.



(7) the provisions of § 40 paragraph 2. 2 and 3 apply to the sector of the contracting authority

accordingly. ".



52. In article 44 paragraph 1 reads:




"(1) the tender documents is a set of documents, data, requirements and

technical conditions of the contracting authority defining the subject of the contract

details necessary for the processing of the menu. For the correctness and completeness of the

terms of reference corresponds to the contracting authority. ".



53. In § 44 para. 3 (b). (b)), after the words "technical conditions (§ 45)"

the words "or special technical conditions (section 46a)".



54. In § 44 para. 3 at the end of subparagraph (h)) the letter "a" is replaced by a comma

and the following new subparagraph (i)), which read as follows:



"i) requirement for the submission of tenders in electronic form only

by means of electronic tools, if so provided,

and ".



The present letter i) is renumbered as paragraph (j)).



55. In article 44, paragraph 4 reads:



"(4) the tender documents of the public works contracts must

In addition to requirements referred to in paragraph 3 shall contain:



and) appropriate documentation within the scope of the implementing

the prescription processed into details that specify the subject of the public

the contract, to the extent necessary for processing the offer,



(b)) an inventory of the works, supplies and services, with a summary of the Bill in the range of

the specified amount of the implementing regulation, also in electronic

form. ".



Footnote # 34 is repealed.



56. In § 44 para. 6, after the words "reserve requirement that certain"

the words "factually as defined".



57. In article 44 paragraph 1. 11 the first sentence, after the words "if it is not justified by the

the subject of the contract "the words" or if sectoral

the sponsor of the item or service that is part of the contract,

the framework contract concluded pursuant to this Act ".



58. In § 44 para. 11, the words "contract documents" shall be replaced by

"specifications".



59. In article 44 paragraph 1. 11, the second sentence shall be inserted after the phrase "in the case of construction

the work of such a reference can be accepted only if it does not lead to unjustified

restriction of competition. ".



60. In § 44 para. 11 the fourth sentence, the words "this case" shall be replaced by

the words "such cases always expressly.



61.



cancelled



62. the following section is inserted after section 46 c d, including the title reads as follows:



"§ d



Terms and conditions of the public works contracts



(1) the contracting authority at public works contracts shall lay down the

terms and conditions in accordance with the implementing regulation.



(2) the contracting authority shall lay down the terms and conditions that a technical reviewer for

the same construction may be made to the supplier or a person connected with him ^ 13). It

does not apply, if the technical supervision of the contracting authority itself. ".



63. section 48 including the title reads as follows:



"§ 48



The provision of contract documents to vendors



(1) the contracting authority in an open procedure, simplified management, lower

restricted procedure, and the negotiated procedure with publication, with the exception of the procedure

sector of the contracting authority pursuant to section 33, shall publish on the contracting authority's profile

at least the text portion of the tender documents from the date of publication of a notice

the tender or invitation to tender in the simplified

lower control, at least until the end of the deadline for the submission of tenders; It

does not apply, if the publication of the disclosure of the information has occurred or a threat

classified information ^ 16).



(2) Part of the tender documents, which were not available on the profile

the contracting authority, the contracting authority shall transmit or sends to the supplier in an open procedure

not later than 3 working days and in a simplified lower control

no later than 2 working days from the date of receipt of the written request

vendor.



(3) the contractor may submit a Bid also asked the contracting authority of the

the provision of contract documents or tender documents

He did not collect.



(4) the contracting authority in the restricted procedure and in the negotiated procedure with the publication of the

the call for tender information on the publication of the tender documents on

profile of the contracting authority, if the tender documents published pursuant to paragraph

1 in its entirety; otherwise, it shall proceed according to the provisions of paragraph 5 (b).

and), (c)) or (d)) apply mutatis mutandis.



(5) the contracting authority in its rules procedure without prior publication, a contracting authority in the

competitive dialogue and negotiated procedure, the contracting authority in the sector with the publication of the

When the procedure according to § 33



and the contract documents) will provide as an attachment to an invitation to tender,



(b)) shall be indicated in the invitation to tender for the publication of procurement information

documentation on the profile of the contracting entity, if the contract documents as follows

published,



c) passes or send tender documents in paper or electronic

form to the supplier within 3 working days from the date of receipt of the written request

the supplier of its disclosure, or



(d)) shall indicate the address where it is possible to apply for a grant award

documentation, if available, for a person other than the contracting authority; in

this case passes or send tender documents in paper or

electronic form to the supplier, the other person within 3 working days from the

the date of receipt of the application vendors for aid.



(6) if the contracting authority in the restricted procedure, negotiated procedure with the publication of, or

competitive dialogue does not lay down requirements to demonstrate competence in the

the contract documents, the contracting authority shall publish on the profile of qualification

documentation of the date of publication of the contract notice.



(7) the contracting authority may reserve the right to request specifications

reimbursement of the costs related to the provision of procurement documents

that were not available on the profile of the contracting authority. In this case, indicate the

in terms of the amount of the cost award on reproduction, the cost of handling and

shipping and at the same time lays down the terms of payment related to

by providing. However, the contracting authority may not require the payment of these costs

more than the usual cost. ".



64. In paragraph 49, at the end of paragraph 1, the following sentence "written request must

be delivered to the contracting authority no later than 6 working days before the expiry of

the deadline for submission of tenders; in the case of a procurement procedure, in which the

the time limits established pursuant to § 39 para. 3 (b). (b)) (2), not later than 5

working days before the deadline for the submission of tenders. "



65. In § 49 paragraph 2 reads as follows:



"(2) the client sends additional information for the entry conditions

where appropriate, related documents, not later than 4 business days after

receipt of the request referred to in paragraph 1, and in the case of procurement procedures, in

where are the limits pursuant to § 39 para. 3 (b). (b)) (2),

not later than 3 working days after receipt of the request referred to in paragraph 1. ".



66. In § 49 paragraph 1. 3 third sentence as follows: "the contracting authority publishes additional always

information including the exact wording of the request in the same way

published the text portion of the tender dossier or qualifying

documentation. ".



67. In § 49 paragraph 1. 5, the words "§ 39 para. 3 (b). and section 3 or under) "

the words "or 3" shall be deleted.



68. In article 50, paragraph 1 reads:



"(1) Qualified for the performance of the contract is a vendor who



and meet the basic qualification requirements), pursuant to section 53,

(b) professional qualifications) will meet under section 54,



(c)) shall submit a declaration of their economic and financial capacity

to fulfill the contract and



(d) technical qualifications) will meet pursuant to § 56. ".



69. In article 50 paragraph 4 is added:



"(4) the contracting authority is authorized to establish such qualifying

assumptions, which would lead to a significant restriction of competition,

and at the same time qualification was due to the needs

the contracting authority may be replaced by setting adequate terms

conditions. ".



70. In article 50, the following paragraph 5 is added:



"(5) vendor Qualification cannot be the subject of evaluation

criteria. ".



71. In § 51 para. 3, the word "or" is replaced by a comma and the words "§ 23

paragraph. 6 "shall be inserted the words" or § 23 para. 10 (a). and (c))) ".



72. In § 51 para. 4 and 5, the words "(b)) to (d))" shall be replaced by "the b), and (d))".



73. In article 52, paragraph 5 shall be deleted.



74. In § 53 para. 1 at the end of subparagraph (j)), the comma shall be replaced by "and",

at the end of the letter), the comma is replaced by a dot and the letter l) and (m))

shall be deleted.



75. In § 53 para. 2, in the introductory part of the provisions, the words "when you type"

replaced by the words "to fulfil".



76. In § 53 para. 3 (b). (d)), the words "to m)" are replaced by the words "to)".



77. paragraph 55, including the title.



78. In § 56 para. 1 (b). and) point 3 is added:



"3. the contract with the other person and proof of performance of the supplier,

If it is not possible at the same time the certificate referred to in point 2 from this person to get out of

reasons on its side ".



79. In § 56 para. 2 (a). and) "3 years", the words "and in the

the case of the field of Defense and security in the last 5 years ".



80. in § 56 para. 2 (a). and) point 3 is added:



"3. the contract with the other person and proof of performance of the supplier,

If it is not possible at the same time the certificate referred to in point 2 from this person to get out of

reasons on its side ".



81. In § 56 para. 2 (a). (f)) and paragraph 2. 3 (b). (d)), the words "of the

the environment "shall be replaced by" the environment ^ 52) ".



82. In paragraph 56, paragraphs 4 and 5 shall be deleted.



Paragraphs 6 to 10 shall be renumbered as paragraphs 4 to 8.



83. In § 56 para. 4, the number "5" shall be replaced by "3".



84. In § 56 para. 5 at the end of subparagraph (c)) the following sentence "for


qualifying provided pursuant to § 56 para. 3 (b). and not required)

the scope of works for each item in the list of works

carried out by the supplier exceed 50% of the estimated value of the public

contract. ".



85. In § 56 para. 6, the words "paragraph 7" is replaced by "paragraph 5" and

the second sentence is deleted.



86. In paragraph 56 of the text at the end of paragraph 8, the words "or pay

their value ".



87. In article 57, paragraph 2 reads as follows:



"(2) the documents proving the fulfilment of the basic qualifications

an extract from the commercial register must not be older than 90 days in the case of

open procedure, the simplified case management and of the rules of

procedure without prior publication on the day of the offer, in the case of restricted procedure,

a negotiated procedure with the publication of a competitive dialogue, the date of the

requests to participate and in the case of dynamic purchasing system at the date of

send or forward a preliminary menu. This provision shall apply

Similarly, in the case of open and restricted competition for the design. ".



88. In § 58 paragraph 1 reads:



"(1) if the time of the decision about choosing the best deals stops

meet the qualifications of the supplier, the supplier is obliged within 7

working days of this fact in writing to the contracting authority.

The supplier is obliged to submit the necessary documents demonstrating compliance with

qualifications in its entirety within 10 working days from the notification of this

fact to the contracting authority. The contracting authority may, at the request of the

This period may be extended or vendor may waive the deadline. "



89. In section 59 paragraph 1. 2, after the words "the provisions of" the words "§ 74 para.

7. "



90. in section 59 paragraph 1. 4, the word "additional" is deleted.



91. In paragraph 59, at the end of paragraph 4, the following sentence "the operative events

to meet the qualifications they must occur within the time limit under section 53. ".



92. In article 59, paragraph 5 is added:



"(5) the assessment of the qualifications of shoots, the contracting authority,

stating the identifying information suppliers whose qualifications have been

assessed, the list of documents that applicants have technical

qualification requirements, and an indication of whether the candidate meet the qualifications

demonstrated or has demonstrated. ".



93. In paragraph 59, in paragraph 5, the following paragraph 6 is added:



"(6) the contracting authority in the list referred to in paragraph 5 shall be



and the title of the document),



(b) the designation of the person) of the document is made,



(c)) date of preparation,



(d)) for documents to demonstrate competencies pursuant to § 56 para. 1

(a). and, § 56 paragraph 1). 2 (a). and § 56 paragraph 1). 3 (b). and) designation

the supplies, services or works provided by the supplier,



e) if proof of qualification according to § 51 para. 4

identification data of the subcontractor, through which the supplier

shows qualifications, and the name and date of conclusion of the contract according to § 51

paragraph. 4 (b). (b)), and



(f)), for which the vendor Contracting Authority proceeded under section 59 paragraph 1.

4, and the indication of the documents, which were to prove the qualification demonstrated

Additionally. ".



Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.



94. In § 60 para. 2 the following text at the end of the sentence "If it's a public

the contracting authority in procurement terms and conditions reserved by a simplified

lower management decision on the exclusion of a tenderer to announce his

by posting a profile on the contracting authority; in this case, the decision on the

exclusion of a tenderer be deemed received at the moment of the publication of the profile

Contracting Authority. ".



95. section 61, including the title reads as follows:



"§ 61



Limit the number of candidates in the restricted procedure, and the negotiated procedure with publication in the

the case of public contracts in the fields of defence and security



(1) if the contracting authority has restricted in the case of public procurement contracts in the field

the defence or security of the number of candidates to participate in a restricted procedure or in the

negotiated procedure with the publication, shall select from among the candidates properly

demonstrated compliance with the required qualifications, in accordance with objective

the criteria referred to in paragraph 2 referred to in the notice of initiation of the procedure for the

control. Detailed specification of objective criteria may be listed in

qualifying documentation.



(2) objective criteria for the selection referred to in paragraph 1 shall



and be provided with) regard to the nature, scale and complexity of the subject

performance of the contract,



(b)) to be consistent with the principles set out in section 6 (1). 1 and



(c)) conform to one or some of the technical skills

assumptions for performance of the contract, whose demonstration of public

the contracting authority requested.



(3) the selection according to the objective criteria referred to in paragraph 2, the public

the sponsor so that the order of the candidates who have demonstrated compliance with

qualifications, according to the degree of fulfillment of the level of the relevant criteria and subsequently

selects those candidates who best meet the criteria.



(4) the number of candidates selected pursuant to paragraph 3 must match the number,

which the contracting authority has stated in the notice of initiation of the procurement procedure.



(5) the contracting authority shall, without delay after making a selection in accordance with paragraph 3

excluded from participation in a procurement procedure all applicants who have not been

chosen. The exclusion of the lead, including the reasons for the contracting authority candidates

be notified in writing without delay.



(6) the contracting authority is obliged to about how to limit the number of candidates

Edit the Protocol from which the method and result of restrictions

the number of candidates. Candidates are entitled to inspect and to this log

buy from a log statement or a copy thereof. ".



96. In § 62 para. 1, the words "economic and financial qualification

assumptions or ' and ' 55 and ' shall be deleted.



97. In paragraph 62, at the end of paragraph 1, the following sentence "the contracting authority may

to request a declaration pursuant to § 50 para. 1 (b). c).“.



98. In paragraph 62, the following paragraph 3 is added:



"(3) in a simplified lower control with the fulfilment of the

assumptions furnished by the solemn declaration of the content

It will be obvious that the supplier qualification required

the contracting authority meets; the provisions of paragraph 2 shall not apply. The Tenderer shall

which the contract under section 82 shall prior to its

the conclusion to present to the contracting authority the originals or certified copies of

documents proving the fulfilment of the qualification. Failure to meet this obligation is

It considers the failure to provide synergy to the conclusion of a contract within the meaning of

the provisions of § 82 para. 4. ".



99. In § 63 para. 2, the number "2" is replaced by "3".



100. section 66, including the title reads as follows:



"§ 66



Limit the number of candidates in the restricted procedure, and the negotiated procedure with the publication of the



(1) if the sponsor has limited the sector the number of candidates for participation in the strict

or in the negotiated procedure with publication, make a selection from the candidates

who have demonstrated compliance with the required qualifications, by one or

more objective criteria referred to in paragraph 2 referred to in the notice of

the contract notice or in the invitation to confirm the interest in participation.

Detailed specification of objective criteria may be listed in

qualifying documentation.



(2) objective criteria for the selection referred to in paragraph 1 shall



and be provided with) regard to the nature, scale and complexity of the subject

performance of the contract,



(b)) to be consistent with the principles set out in section 6 (1). 1 and



(c)) conform to one or some of the requirements for the qualification

relating to financial, economic or technical competence, which

the demonstration demanded sector sponsor.



(3) the selection according to the objective criteria referred to in paragraph 2, the

sector sponsor so that the order of the candidates who have demonstrated

meet the qualifications, according to the degree of fulfillment of the relevant criteria and levels

then selects those candidates who best meet the criteria.



(4) the number of candidates selected pursuant to paragraph 3 must match the number,

that said, the sponsor in announcements about sector tender

or in the invitation to confirm the interest in participation. In the event that the contracting authority

He did not put in the notice of initiation of the tender the exact number of candidates

that invited to tender, it is obliged to provide this number before

making a withdrawal in writing to inform all applicants who

properly demonstrated compliance with the required qualifications.



(5) the provisions of § 61 para. 5 and 6 apply to the sector of the contracting authority

accordingly. ".



101. In section 67 para. 1 at the end of the text of the third sentence, the words "or

up to 5% of the estimated value of a contract, if the contract award

management of the electronic auction will be used ".



102. In section 67 para. 2 the initial part of the provision, the words "money confidence"

shall be replaced by "Security" and in points (a) to (d))), "7 days"

replaced by the words "within 5 working days".



103. In article 67 paragraph 2. 2 (a). (b)) at the end of the text, the words "or its

publication according to § 81 para. 4. "



104. In section 67 para. 4, the words "within 7 days" are replaced by the words "to 5

working days "and the words" fold money "shall be replaced by

"provide".



105. In article 67 paragraph 2. 7, the number "3" is replaced by "2".



106. In paragraph 68, the following is inserted after paragraph 2 paragraph 3, including the

footnote No. 82:



"(3) the offer must also be



and) list of statutory bodies or members of statutory bodies, who, in


the last 3 years from the end of the period for the submission of tenders have been in

employment, functional or a similar proportion for the contracting authority,



(b) if the supplier) has the form of a public limited company, a list of owners of the shares,

with an aggregate nominal value exceeding 10% of the share capital,

completed within the time limit for the submission of tenders,



(c)) Declaration by the tenderer that has not concluded and close a prohibited agreement

under special legislation ^ 82) in connection with the entered

a public works contract.



82) Act No. 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition), as amended by

amended. ".



The former paragraph 3 shall become paragraph 4.



107. In § 69 para. 2, after the word "subcontractor" shall be inserted after.



108. In paragraph 69, paragraphs 5 and 6 are added:



"(5) tenders shall be submitted in writing, on paper or in

electronic form by means of electronic instruments (hereinafter referred to as

"offer in electronic form"). The candidate submits a tender within the time limit for

the submission of tenders. Offer on paper must be submitted duly

sealed envelope bearing the name of a public contract, to which must be

the address to which it is possible to send the notification referred to in § 71 para. 6 or

7. offer in electronic form must be filed in accordance with the requirements

laid down in § 149.



(6) the client keeps track of the tenders submitted, with serial number, date of

and the time of their delivery. For the purposes of determining the sequence numbers of the lodgement of

tenders in the case of the submission of tenders in paper and electronic form

assigns a contracting authority tenders received, the registration number in the separate

number sequences for deals in paper form and in electronic deals

form. The serial numbers of all of the tenders submitted, the contracting authority shall fix by

sequence number tenders in electronic form it prepends the number sequence

tenders in paper form. ".



109. section 71 including the title reads as follows:



"§ 71



Opening of envelopes



(1) for the opening of envelopes with bids (hereinafter referred to as "envelope") designates an

the contracting authority at least the three-member Commission. The sponsor and the sectoral

the contracting authority, awarding a public contract by negotiated procedure without

publication or on the basis of a framework contract, are not obliged to appoint

Commission for opening of envelopes and all rights and obligations related to

the contracting authority shall implement the opening session. If the Commission acts in accordance with this

the law, the following acts shall be on behalf of the contracting authority.



(2) the members of the Commission are required to maintain the confidentiality of the facts,

that learned in connection with its participation in the Commission.



(3) if so provided by the contracting authority, performs the function of the Commission for opening

envelopes with bids Evaluation Committee.



(4) the contracting authority or the Commission shall not open the envelope before the closing date for

the submission of tenders. Opening of envelopes must be instituted immediately after the expiry of the

deadline for submission of tenders.



(5) If information on a date for opening of envelopes was not part of

terms of reference, the contracting authority shall inform the applicant in writing of the term

opening of envelopes at least 5 working days before the opening of the envelopes.



(6) on the menu have been filed after the deadline for the submission of tenders shall be

as if it was made. The contracting authority shall promptly inform the supplier about

that the offer was made after the expiry of the deadline for the submission of tenders.



(7) if the contracting authority receives within the time limit for the submission of tenders only one

menu does not open the envelope; the sponsor of this fact without delay

shall inform the applicant. This does not apply if the contracting authority shall proceed under section 22

paragraph. 3 and 4, § 23 para. 4 to 8 and 10 or enters a public works contract

under the framework agreement.



(8) the opening of envelopes will have the right to participate in the candidates whose bids

they were the sponsor within the time limit for the submission of tenders, and the next person on the

where so provided by the contracting authority. The contracting authority may, after the present applicants

require that their participation in the opening of an envelope signature in a more

the present document applicants. However, if the Contracting Authority published in the notice

or tender the intention to use as a resource

evaluation of tenders by electronic auction, held the opening of envelopes without

the presence of the candidates.



(9) the Commission opens the envelope gradually by case number and checks

whether



and processed in the menu) is the required language and



(b)) is a contract proposal signed by a person authorised to act on behalf of or for the

for the applicant.



(10) the inspections referred to in paragraph 9 of each offer shall communicate to the Commission

present applicants identifying information and information about whether

the offer meets all the requirements referred to in paragraph 9; the Commission shall present to the tenderers

shall also communicate information about to the offer price information on the data from the menus

the corresponding numerically vyjádřitelným subelement of the assessment criteria.



(11) if the offer does not comply with the requirements referred to in paragraph 9, the Commission

offer excludes them. The contracting authority shall, without delay, shall exclude the tenderer whose tender

the Commission was excluded from participation in a procurement procedure. The exclusion of the tenderer

the contracting authority shall, without delay, in writing, including the reasons shall notify the applicants.



(12) if the contract is divided into lots according to section 98, the

paragraphs 9 to 11 apply mutatis mutandis to the individual parts of the contract. ".



110. § 72, including the title reads as follows:



"§ 72



Opening of tenders submitted in electronic form



(1) the opening of the tenders submitted in electronic form means

the disclosure of its contents to the Commission. Offers made in electronic form

Opens the Commission at the time of the closing date for the submission of tenders in the term

opening of envelopes according to § 71 para. 4.



(2) the award of public contracts in the dynamic purchasing system referred to in

section 95 makes the opening of tenders, the contracting authority and the Commission for opening of envelopes

against the provisions.



(3) if the contracting authority within the time limit for the submission of tenders received as envelopes

with menus in paper form, as well as offers made in electronic

the Commission shall communicate to form the start of the opening session, the present participants

information pursuant to § 71 para. 10 concerning tenders submitted in electronic form and

then continues opening session submitted in paper form.



(4) if the contracting authority within the time limit for the submission of tenders delivered only

offers made in electronic form in the opening session, pursuant to § 71 para.

8 may not take place. Sponsor the applicant of this fact without delay

notify.



(5) the Commission shall, in the framework of the opening of the tenders submitted in electronic

In addition to requirements as referred to in § 71 para. 9 also, whether the offer is

verified and whether a data message containing the quote was not before

the opening has been tampered with.



(6) the provisions of § 71 para. 1 and 3, § 71 para. 4 the first sentence, and article 71 paragraph 1.

6, 7, 10 and 12 shall apply mutatis mutandis. ";"



111. In § 73 para. 1 with the number "9" is replaced by "10".



112. In paragraph 73, in paragraphs 1 and 2, the words "by electronic means"

replaced by the words "in electronic form".



113.



cancelled



114. In section 74 paragraph 7 is added:



"(7) the members of the Evaluation Committee shall be, in relation to public order, and to

podjati, in particular, the applicants may not participate in the processing of the offer

taking into account the outcome of the procurement procedure to them shall not incur personal advantage

or injury, may not have a personal interest in the award of the contract and the

candidates may not associate personal or work or other similar ratio. About

his disinterestedness makes the statement in writing of the Evaluation Committee

to the contracting authority at the beginning of the first meeting of the Evaluation Committee or the

at the beginning of the negotiations, in which for the first time in the evaluation the Commission is present. For

this purpose, the contracting authority shall notify the Member of the Evaluation Committee prior to the first

conduct the identification data of candidates who submitted tenders. ".



115. in paragraph 74, the following new section 74a, including title and notes

footnote # 81:



"section 74a



List of assessors



(1) the Ministry keeps a list of evaluators of public contracts (hereinafter referred to as

"the list of evaluators). To the list of evaluators is written to a physical person

competent to evaluate the offer. List of assessors is part of

information system and is publicly available.



(2) the list of evaluators can be written only to the person who proves

his professional experience at least five years ' duration, and meets the General conditions

for trade under special legislation ^ 81).



(3) the list of evaluators is written the name of the evaluator, the scope of its

professional competence and the date of registration in the list of evaluators. The person is

written into the list of evaluators for 3 years and can be written

repeatedly. If the assessor ceases to fulfil the conditions for inclusion in the

the list of evaluators, it is deleted from the list of evaluators.



(4) the assessor may submit to the Office initiated proceedings in respect of

the contract, which was drawn as a member or an alternate assessment

of the Commission.



(5) the Ministry shall keep information concerning evaluators for leadership in this

the list, and for a period of 10 years from its deletion.



(6) the details to the maintenance of a list of assessors establishes the detailed legal

prescription.



81) section 6 of Act No. 455/1991 Coll., on trades, as amended by

amended. ".



116. In section 75 para. 1 the words "7 days" is replaced by "5 working

days ".



117. In paragraph 76, at the end of paragraph 1, the following sentence "in the case of public


works contracts, the tender dossier contains

relevant documentation according to § 44 para. 4 (b). and assess the evaluation),

the Commission tenders in the details of an inventory of the works, supplies, and

services and bills of quantities. ".



118. In paragraph 76, paragraph 3 reads:



"(3) the Commission may, in case of doubt ask job applicants

a written explanation of the menu. The Evaluation Committee may also request

supplement the documents referred to in § 68 para. 3. In the application of the assessment, the Commission shall,

What sees the ambiguities of the tender which has the candidate explain, or

which documents the tenderer. Evaluation, the offer excludes,

If the candidate does not deliver an explanation or documents within 3 working days

from the date of receipt of the request, unless a longer period of the Evaluation Committee.

Evaluation at the request of the applicant, the Commission may extend this period, or

may waive the deadline. "



119. In paragraph 76, paragraph 6 is added:



"(6) the tenderer whose offer was in the assessment of the tenders evaluation

the Commission excluded the contracting authority without delay, it excludes from participation in public procurement

control. This does not apply if the sponsor shall proceed in accordance with § 79 paragraph 2. 5.

The exclusion of the tenderer, including the reasons for the exclusion of tenderers, the contracting authority

be notified in writing without delay. If the contracting authority in procurement

conditions reserved, may, in a simplified lower control

the decision to exclude candidates announce his publication on the profile

the contracting authority; in such a case, the decision on the exclusion of tenderers

be deemed received at the moment of publication on the profile of contracting authority. ".



120. In paragraph 77, at the end of paragraph 1, the following sentence "the Evaluation Committee may

at the request of the tenderer may extend that period or deadline

waived. ".



121. In paragraph 78, at the end of paragraph 4, the following sentence is "Partial evaluation

criterion cannot be terms and conditions whose purpose is to ensure

the supplier's obligations or the terms of payment ".



122. In § 78 para. 6, the words "or in the tender documents" shall be deleted.



123. In § 81 paragraph 3, the following paragraph 4 is added:



"(4) if the contracting authority has reserved in the specifications,

in the simplified procedure may publish a notice of the lower selection

the best deals within 5 working days after the decision referred to in paragraph 1

on the profile of the contracting authority; the provisions of paragraph 3, the first sentence shall not apply. In

such a case, the notification about choosing the best offer considered

delivered to all affected candidates and all interested applicants at the moment of

the publication of the profile of the contracting authority. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



124. In paragraph 82, the following paragraphs 7 and 8 shall be added:



"(7) the contracting authority shall not allow a substantial change in the rights and obligations

arising from the contract concluded with the selected bidder. For

the material is considered to be such a change, which would



and expanded the subject matter of public contracts); This is without prejudice to the provisions of § 23

paragraph. 5 (b). (b)) and § 23 paragraph 1. 7,



(b)) in the original tender allow for the participation of other

suppliers,



(c)) in the original tender could affect the selection

the most appropriate menu, or



(d)) changed the economic balance of the Treaty in favour of the selected candidates.



(8) the client has the right to withdraw from the contract if the contractor

stated on the menu, information or documents that do not match the facts

and had or could have an impact on the outcome of the procurement procedure. ".



125. In paragraph 83, paragraph 1 reads:



"(1) the contracting authority shall, within 15 days of the conclusion of the contract, send

notification of the outcome of the procurement procedure for publication. In the case of

sector of the contracting authority, the time limit of 30 days. In the cases referred to in

paragraphs 4 and 5 are the information will not be disclosed, passed

the operators of the journal of public procurement, where applicable, to the Publications Office

The European Union (hereinafter referred to as "publications"), for statistical

purposes. ".



126. In § 83 para. 3, the following sentence "this does not apply in the case of the provision of

some of the services in the area of defence or the security referred to in the annex to

2. ".



127. In section 84, paragraph 1 reads:



"(1) the contracting authority shall cancel the award procedure without undue delay if the



and) were not submitted within the prescribed period any tenders, requests for participation or

confirmation of interest in participation,



(b)) were from participation in a procurement procedure shall be excluded all vendors



(c)) as a result of the circumstances foreseen in § 82 para. 4 was not closed

the contract or framework contract with the last contender in the order with which the

It was possible to close this agreement,



(d)) in the negotiated procedure with the publication of the revised design Treaty has not submitted

According to § 32 para. 5 nor the last candidate in the order with which it was possible to

This contract, or the contracting authority did not require additional applicants in the order

to submit a modified proposal of the contract pursuant to § 32 para. 5, or



e) has received only one bid or after assessment of the tenders was left to

reviews only one offer; This does not apply in the cases referred to in § 71

paragraph. 7 second sentence. ".



128. In paragraph 84 of paragraph 1. 7, the words "information system" shall be replaced by

"in the journal of public procurement".



129. In § 85 para. 1 the word "excess" is deleted.



130. In § 85 para. 2, letter c) the following point (d)), which read as follows:



"(d)) the identification of all applicants, and their offer price,".



Subparagraph (d)) to (h)) are known as the letters e) to (i)).



131. In paragraph 85, the following paragraph 4 is added:



"(4) the contracting authority shall publish a written report to the sponsor's profile

not later than 15 days from the termination of the procurement procedure. ".



132. section 86, including the title reads as follows:



"§ 86



Prior notification of the contracting authority



(1) the contracting authority shall publish a notice in the form of excess and advance notification

below-limit public contracts. The contracting authority is entitled to initiate

tender first 1 month from sending preliminary announcement.



(2) part of the preliminary announcement is the preamble to the effectiveness of the public

of the contract. The details of the scope of the preamble lays down detailed legal

prescription.



(3) the provisions of paragraphs 1 and 2 shall not apply



and) to public contracts awarded in the simplified management, lower



(b)) on the public contracts awarded by negotiated procedure with publication in accordance with §

22 paragraph 1. 1 and 2,



(c)) on the public contracts awarded by negotiated procedure without publication in accordance with §

23 para. 1, § 23 para. 4 (b). (b)), § 23 para. 5 (b). c) to (e)), section 23

paragraph. 6 to 9, § 23 para. 10 (a). a) and (c)) or § 23 para. 11 and



d) in the case where the contracting authority the previous procurement procedure with a similar

subject to set aside, pursuant to section 84 paragraph. 1 (b). e).“.



133. section 87 including the title reads as follows:



"§ 87



Periodic indicative notice sector sponsor



(1) the contracting authority shall publish a notice in the form of regular Sectoral interim

Notice the-limit public contracts, which intends to enter in the

the next 12 months and that it intends to reduce the period for the submission of

menu bar.



(2) in the case of excess procurement of supplies and services sends

an advance notification to the contracting authority referred to in paragraph 1 for publication

usually at the beginning of each financial year. In the preliminary announcement

pursuant to paragraph 1, the contracting authority shall state all of the sector



and deliveries under the Group) directly to the applicable legislation of the European Union ^ 56),

for which the estimated value of at least the amount corresponding to 750

000, or



(b)) the categories of services, with the exception of services referred to in annex 2,

the estimated value of which reaches at least the amounts corresponding to 750 000

Euros.



(3) in the case of excess public works contracts sends

an advance notification to the contracting authority referred to in paragraph 1 for publication

as a rule, without undue delay after the decision approving the plan to enter

excess public contract for the construction work. In the preliminary announcement

pursuant to paragraph 1, the contracting authority shall specify the subject matter of excess public works contracts

construction work.



(4) the contracting authority is entitled to replace sector-the publication of the preliminary

notification under § 146 and 147 on the publication of the profile of the contracting authority. In such a

the case is an obligated by electronic means, send to the

notice of publication of the prior information notice on the profile of the contracting authority to

publication in accordance with § 146 and 147. Sector, the contracting authority is not entitled to

publish a prior information notice on the profile of the contracting authority before sending

notification referred to in the second sentence to the publication. Date of dispatch of the notice to the

the publication must be shown on the profile of the contracting authority.



(5) the contracting authority may publish the Sector by means of a prior information notice (i)

other excess public contracts to which paragraph 2 does not apply.



(6) if the sector the periodic indicative notice, the contracting authority, that the

This is an additional periodic indicative notice, does not have to disclose those details,

that were already present in the previous periodic indicative notice. ".



134. In § 88 para. 6, the words "§ 28 para. 5 "shall be replaced by the words" § 28 para.

4. "



135. In paragraph 96, the following paragraph 5 is added:



"(5) the contracting authority is obliged to use the electronic auction when you enter

contracts for the supply of goods, as defined by the implementing the legal

Regulation. ".



136. In § 97 para. 1 the words "the contracting authority shall" shall be replaced by


"the Evaluation Commission shall, in the case where the Commission is not

established in accordance with section 74 para. 9, then the contracting authority ".



137. In § 100 para. 1 the words "the European Community has not concluded"

replaced by the words "the European Union has not entered into".



138. In § 101 paragraph. 5 and 6, the words "paragraph 5" shall be replaced by

"paragraph 4".



139. In section 103 paragraph 4 and 5 are added:



"(4) a competition for the design of it, the contracting authority, if



and to this contest follows) the award of public service contracts,



(b)) on the basis of this competition to be selected to the participant or participants

design contests provided competitive prices or payments, or



(c)) to this contest follows the award of public service contracts, and at the same time

on the basis of this competition to be selected to the participant or participants

design contests provided competitive prices or payments.



(5) the estimated value of design contests shall be



and in accordance with paragraph 4 (b)). and) based on the estimated value of the public

service contracts for a follow-up to this contest,



(b) pursuant to paragraph 4 (b)). (b)) based on the total estimated amount of the

contest prizes and payments,



(c) in accordance with paragraph 4 (b)). (c)) on the basis of the total estimated amount of the

contest prizes and payments, including the estimated value of the public

service contracts that the contracting authority is authorized to enter in accordance

with § 23 para. 6 If the sponsor did not rule out this possibility in the notice

the competition for the design. ".



140. In section 103 paragraph 7 is added:



"(7) detailed rules for the procedure in the contest for the proposal lays down the detailed

legislation. ".



141. the footnote No. 60, is hereby repealed.



142. In article 104, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



143. In § 107 para. 3 the number "48" is replaced by "15".



144. In paragraph 108, the third sentence is a "notice of cancellation of design contest sends

for publication in the journal of public procurement contracts within 3 days from the date of receipt of the

the decision ".



145. In § 109 paragraph. 3 the words "paragraph. 1. "



146. In paragraph 110 of paragraph 1. 2 and 4, the words "within 15 days", the words "and in the

the case of the simplified case management within 10 days ".



147. In paragraph 110 of paragraph 1. 5, the words "15 days" shall be replaced by "30 days".



148. In paragraph 110, the following paragraph 9 is added:



"(9) the complainant, who did not use the option to file the opposition, is not entitled to

complaint to the Office in the same case. "



149. In paragraph 111 of the text at the end of paragraph 2, the words "and delivered in

the same time a copy of the proposal to the contracting authority ".



150. In paragraph 112, paragraphs 1 and 2 shall be added:



"(1) the Office shall exercise supervision of the procedure, the contracting authority when entering

public procurement and the competition for the design, in which the



and provisional measures) issues (section 117)



(b)) decides whether the contracting authority in awarding public contracts and

the competition for the design proceeded in accordance with this Act,



(c) corrective measures) stores (§ 118),



(d) the acts of the contracting authority) checks in public procurement under

special legal regulation ^ 62).



This is without prejudice to the competence of other bodies engaged in such

check under special legislation ^ 63).



(2) the Authority dealt with administrative offences under this Act and imposes sanctions

for their perpetration. ".



151. In section 114 para. 6, the word "relevant" is deleted.



152. In paragraph 114, the following paragraph 7 is added:



"(7) the time limit for issuing the decision begins to run from the time of delivery

the observations referred to in paragraph (6) ".



153. In paragraph 115 paragraph. 1, after the words "the claimant's prices" the words "for

the entire period of performance of the contract ".



154. In paragraph 115, paragraph 2 reads as follows:



"(2) the deposit is the State budget revenue, if the Office



and) final decision rejects according to § 118 paragraph. 5 (b). and)

or



(b)) a final decision shall decide on the termination of the proceeding, if he took the

the rapporteur proposal after it was in the same administrative procedure

nepravomocně decided to reject an application according to § 118 paragraph. 5 (b).

and). "

.



155. In paragraph 115, the following paragraph 3 is added:



"(3) if the Office decides otherwise than provided in paragraph 2,

Returns the deposit together with interest to the applicant within 30 days from the date of acquisition of legal

the decision. The security deposit is returned also in the case where the authority, together with the

rejection of a proposal referred to in § 118 paragraph. 5 (b). a) Decides that the

the sponsor has committed administrative offense under § 120 paragraph 1. 1. ".



156. At the end of section 116, the following sentence "in proceedings of committing an administrative

the offence is a party to a person suspected of a criminal offence. ".



157. In § 117 paragraph 1. 3, the words "pursuant to section 118 of the decision has

can "be replaced by" when has the decision on the termination of the

the administrative procedure, in which the interim measure was ordered ".



158. In section 117a (b). (c)), after the words "paragraph. 4 "the words" or 5 ".



159. In § 118 paragraph. 2 (a). (c)), the number "4" is replaced by "3".



160. In § 118 paragraph. 5 (b). (b)), the following words "or filling ground

referred to in paragraph 4 ".



161. In § 118 paragraph. 6, the words "is invalid" is replaced by "becomes

an invalid ".



162. In § 120 paragraph 1. 1 (b). (b)), the words "fulfil her contrary to section 146 or

147 "are replaced by the words" does not comply with the method of publication provided for in this

the law ".



163. In § 120 paragraph 1. 2, the number "5" is replaced by "10" and the amount of ' 10

000 000 Eur "are replaced by" 20 000 000 Czk.



164. In paragraph 1 of section 120a reads:



"(1) the supplier commits an administrative offense, by



and to prove) will meet the qualifications, information or documents

that do not correspond to the facts and had or could have an impact on the assessment of the

qualification of suppliers in the tender, in the proceedings on the application for registration of the

in the list under section 129 or the change request this registration pursuant to §

paragraph 130. 2 or for the purposes of compliance with the conditions for the issuing of the certificate

According to section 138,



(b)) have not made a request for change of registration pursuant to § 130 paragraph 1. 2, or



(c)) do not submit the list of subcontractors under section 147a para. 5. ".



165. In paragraph 120a para. 2, after the words "(a). (b)) "the words" and (c)) ".



166. In paragraph 120a para. 2, the amount "Eur 10 000 000 ' is replaced by ' 20

000 000 Czk 1 000 000 ' and the amount of "Eur" are replaced by "2 000 000

CZK ".



167. In paragraph 125 of paragraph 1. 2, the words ", with the exception of assumptions under section 53

paragraph. 1 (b). k) and (l)) "shall be deleted.



168. In § 127 paragraph. 1 (b). and) the words ", with the exception of the assumptions referred to in

§ 53 para. 1 (b). k) and (l)), "be deleted.



169. In § 133 paragraph 2. 1, the second sentence shall be deleted.



170. In paragraph 138, paragraph 1 reads:



"(1) a condition for granting a certificate proving compliance with the essential

qualifications according to § 53 para. 1 or 2 in its entirety

papers according to § 53 para. 3 and proving compliance with the professional

qualifications or technical qualifications

to the extent provided for in the rules of evidence under paragraph 54 (b). and)

to (d)) or § 56 para. 1 to 3 ".



171. In § 139 paragraph 2. 1 (b). l), ' 55 and ' shall be deleted.



172. In § 143 of paragraph 1. 1 the words "European Community" shall be replaced by

"The European Union".



173. In § 143 of paragraph 1. 3 at the end of subparagraph (b)) the following the word "or", and

subparagraph (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



174. § 146 including title:



"§ 146



Disclosure of the



(1) where, under this law, the obligation to publish notices

or revocation of the sponsor's profile, a notice of the initiation of the procurement procedure,

prior notice, periodic indicative notice, the notice

design contest, subcontract notification, notice of contract

proceedings, a summary of the notification of the award of public contracts on the basis of a framework

notice of cancellation of the contract, the award procedure or a design contest or

other data (hereinafter referred to as "publication"), means the publication of the



and in the Bulletin of public procurement) pursuant to § 157, if it is a below-limit

a public contract and the publication of a notice or revocation of the sponsor's profile

or a summary of the notification of the award of public contracts on the basis of a framework

of the Treaty,



(b)) in the journal of public procurement pursuant to section 157 and the official journal of the

The European Union (hereinafter ' the Official Gazette '), in the case of excess public

the contract; in the case of public service contracts referred to in annex No. 2 in

Official journal only publishes a notice of the outcome of the procurement procedure

or notifications relating to design contests.



For the publication of a notice is considered to be the publication of all the data of the publication

delivered by the contracting authority.



(2) in cases where the contracting authority is not obliged to publish a notice of

the initiation of the procurement procedure, it may publish a voluntary notice of intent

to conclude a contract.



(3) the contracting authority shall apply To the publication of the announcement of the form according to the right

of the applicable legislation of the European Union ^ 61), and in the case of notification and repeal

profile of the contracting authority, notice of cancellation of the contract award procedure or contest for

the proposal, a summary of the notification of the award of public contracts on the basis of a framework

contract form provided for by the implementing legislation. The Ministry of

publish the form in the data format that allows sending data

deposit box and their automated processing on the portal of the public administration.


In the event of a prior information notice and the periodic indicative notice

the contracting authority shall state in the notice only those details that are known at the

the time of dispatch of the notice for publication.



(4) the contracting authority must be able to prove the date of dispatch of the notice to the

publication in the journal of public procurement, where applicable, the official journal.

Journal of public procurement, the operator shall provide to the contracting authority a certificate of

the date of publication of a notice in the Bulletin of public procurement. Posted by a

the operator of a journal of public procurement publication upon request

the contracting authority to publish in the official journal, includes also confirmation

date of dispatch of the notice to the Office for official publications.



(5) the operator of a subsystem Journal of public procurement, which

the publication of a notice in the Gazette provides procurement, may

establish a Ministry based on the credentials. The Ministry approves the

the rules of operation of the operator of public procurement according to the Gazette of the subsystem

of this paragraph, and also the prices paid by the contracting authority to the operator for

the publication of the publication. The decision on behalf of the operator of the subsystem

Journal of public procurement, the Ministry shall publish in the form of communication in the

The collection of laws.



(6) the list of compulsory published data in forms used for

the publication of a notice concerning the manner of publication of

podlimitních public procurement, model form for notice of cancellation

a procurement procedure or a design contest, model form for the summary

notification of the award of public contracts on the basis of a framework contract, the pattern

the forms for the notification and repeal of the contracting entity, more detailed profile

conditions relating to the content and the method of notification about the profile of the contracting authority,

kinds of forms, how to edit the data in the published notice or notices

access to published the announcement of, delivery of a notice and procedure

to correct the defects of the publication and performance of the operator's defect of the subsystem

Journal of public contracts referred to in paragraph 5 lays down detailed legal

prescription. The implementing legislation also sets out the Forms data format

to enable sending data deposit box and their automated

processing. ".



175. section 147, including a title:



"§ 147



The method of publication of the announcement of the



(1) the contracting authority may publish the publication in the official journal of the



and) directly through the Publications Office, or



(b) the operator's Journal) by means of public procurement on the basis of

the request of the contracting authority.



(2) if the contracting authority uses the option referred to in paragraph 1 (b). and)

the contracting authority shall at the same time its publication for publication in the journal of public

orders.



(3) if the contracting authority sends the publication to publication in the official journal of the

through the operator, operator of the public procurement Journal

Journal of public procurement shall ensure, in addition to the publication of a notice in the

Journal of public procurement, in order to be sent to the Publications Office

all information the publication of which will be available on the national level.



(4) the operator shall publish a notice of the publication of the Bulletin of public procurement on

national level in 12 days, and is sent by the contracting entity to publication of

by electronic means pursuant to section 149, within 5 days from the date of dispatch of the

by the contracting authority. If this is about the excess contract, it sends

the operator of a journal of public procurement contracts within this period of its publication Authority

for a publication to publication in the official journal, electronic

means or by fax, was delivered to the contracting authority to publication by fax.



(5) if the contracting authority Initiated an award procedure pursuant to § 41 para. 2

(a). (b)), the notification must be sent by fax or tender

by electronic means; in this case, the time limit referred to in paragraph

4 5 days.



(6) in the case of public procurement, the excess shall not be publication published

in the journal of public procurement, or the profile of the contracting authority before

are sent for publication in the official journal. In the journal of public

the contracts also must not be published any data other than data

that are contained in the notices sent for publication in the official

Journal, or published on the profile of the contracting authority. The announcement of the latest software

in the journal of public procurement, or the profile of the contracting authority shall include the

the date of its submission for publication in the official journal or the date of their

the publication of the profile of the contracting authority.



(7) the contracting authority may publish the procedure laid down in paragraphs 1 to 3 in the official

Journal of any publication under § 146 paragraph. 1, even when the law

does not provide for the obligation of publication. The contracting authority may, after publication in

Journal of public procurement contracts to publish the notices in a different way.

The second sentence of paragraph 6 shall apply mutatis mutandis.



(8) the contracting authority may, while respecting the principles set out in section 6 (1). 1

make adjustments in the published publication; in this case, is required to

the edits you made to publish in accordance with paragraphs 1 to 3 and announce

editing with reason within 5 days from the date of its submission to the public disclosure of all

known to candidates or tenderers it. ".



176. in paragraph 147, the following new section 147a, which including the title reads as follows:



"§ 147a



Disclosure of contracts above actually paid price and list of subcontractors



(1) the contracting authority shall publish a notice to the contracting authority's profile



and) procurement contract, including any amendments thereto, and

the appendices,



(b)) of the actual prices paid for the performance of the contract,



(c) the list of subcontractors the supplier) of the contract.



(2) the contracting authority shall publish a notice referred to in paragraph 1 (b). and the entire text of)

of the contract or of the framework contract within 15 days of its conclusion. If

the Contracting Authority proceeded according to § 89 paragraph 1. 3 the second sentence shall publish the

the annex to the framework contract within 15 days of the end of the effectiveness of the framework

of the Treaty. Neuveřejnění information, the contracting authority, for which it

protection of information and data required under special legislation.

The obligation under paragraph 1 (b). and) shall not apply to



and public procurement contracts) is small, the price of which does not exceed the

500 000 Czk without VAT



(b)) public procurement contracts, where the Contracting Authority proceeded in

accordance with § 18 para. 1 (b). and), para. 2 (a). a) and (c)), para. 3 (b).

(e)) and paragraph 2. 4 (b). (d)).



(3) the amount of the actually paid the price for the performance of the contract in accordance with

paragraph 1 (b). (b) the contracting authority shall publish, at the latest) within 90 days of

fulfilment of the contract. In a contract, the filling time exceeds 1 year, shall publish a

the contracting authority no later than 31 December 2006. March of the following calendar

of the price paid for performance of the contract in the previous calendar

year. Obligation to disclose the amount of the actually paid the price for the performance of public

the contract does not apply to



and) small public contracts,



(b)) public contracts, where the Contracting Authority proceeded in accordance with §

18 paragraph 1. 1 (b). and), para. 2 (a). a) and (c)), para. 3 (b). (e)) and paragraph 2. 4

(a). (d)).



(4) the supplier shall submit to the contracting authority the list of subcontractors according to

paragraph 1 (b). (c)), in which the subcontractor, which shall be for the implementation of

subcontracting has paid more than 10%, or in the case of significant public

the contract more than 5%



and prices) of the total of the contract, or



(b)) of the part of the contract price paid by the contracting authority in one

calendar year, if the period of performance of the contract exceeds one year.



(5) the contractor shall submit a list of sub-contractors pursuant to paragraph 1. (c))

not later than



a) 60 days after the performance of a contract, or



(b)) 28. February of the following calendar year, in the event that the performance of

the contract exceeds one year.



If a subcontractor has the form of a joint stock company, is annexed to the list i

list of owners of shares with an aggregate nominal value exceeding 10

% of share capital, established within 90 days before the date of submission of the

the list of subcontractors.



(6) the contracting authority shall publish a list of subcontractors under paragraph 1

(a). (c)) no later than



a) 90 days after the performance of a contract, or



(b)) 31. March of the following calendar year, in the event that the performance of

the contract exceeds one year.



(7) the obligations referred to in paragraphs 4 and 5 shall not apply to



and) small public contracts,



(b)) public contracts, where the Contracting Authority proceeded in accordance with §

18 paragraph 1. 1 (b). and), para. 2 (a). a) and (c)), para. 3 (b). (e)) and paragraph 2. 4

(a). (d)).



(8) the structure of the data for public disclosure of the amount of the actually paid the price for

performance of the contract and the details of the publication of the contracts concluded

public procurement and the publication of the list of subcontractors shall determine the implementing

legislation. ".



177. In § 148 paragraph. 2, after the words "by electronic means" be inserted

the comma.



178. In § 148 paragraph. 2, the second sentence, including footnote # 76

repealed.



179. In § 148 paragraph 6, the following paragraph 7 is added:



"(7) the contracting authority may lay down that the candidate is obliged to send the tax

documents in electronic form. The contracting authority may also decide that the

the tenderer is obliged to send the tax papers in a data format that allows

their automated processing, data format that allows their

sending data via the Clipboard, or send the tax

documents through a data box. ".



The present paragraph 7 shall become paragraph 8.




180. In § 148 paragraph 8 reads as follows:



"(8) the provisions of paragraphs 1 to 6 shall apply for part of the fourth Act

accordingly. ".



181. In paragraph 149 paragraph. 4, the words "means of notification ' shall be replaced by

"means of publication for publication in the journal of public procurement".



182. under § 151 § 151a is inserted, which including the title reads as follows:



"§ 151a



Educational program



(1) Educational programme means training in the procedures referred to in

This law and in the area of basic investment and purchase

skills.



(2) educational program provides the Ministry of. By providing educational

the program, the Ministry may authorize another person. ".



183. paragraph 152, including the title reads as follows:



"§ 152



Protection of information



The contracting authority is entitled to in the specifications establish requirements and

conditions relating to the protection of certain information, data or documents,

that passes the vendor. ".



184. In paragraph 155 para. 1 the words "5 years" shall be replaced by the words "10 years"

the semicolon is replaced by a dot and the part of the sentence after the semicolon and the second sentence is

shall be deleted.



185. § 156 including title and footnotes # 84:



"§ 156



Justification public procurement



(1) the contracting authority for excess and below-limit public procurement

the contracting authority shall publish on the profile of the preamble



and the effectiveness of the public procurement)



(b)) the adequacy of the technical qualification requirements,



(c)) the definition of commercial and technical conditions of the contract in respect of

to the needs of the contracting authority,



(d) the determination of the basic and intermediate) evaluation criteria and how

the evaluation of proposals in relation to the needs of the contracting authority.



(2) the contracting authority shall publish the justification referred to in paragraph 1 to 3

working days of the publication of a contract notice or

from the despatch of the call for tender.



(3)



cancelled



(4) the contracting authority according to § 2 (2). 2 (a). (c)) shall provide justification

in accordance with paragraph 1, in a significant contract for approval

a corporation. The approval of the Municipal Board is a condition for the initiation of the

the procurement procedure.



(5) the contracting authority according to § 2 (2). 2 (a). (d)) shall provide justification

in accordance with paragraph 1, in a significant contract for approval authority

decision-making on the issues of its management, according to a special legal

prescription ^ 84).



(6) the provisions of paragraphs 1 to 5 shall not apply



and) to public contracts awarded in the simplified management, lower



(b)) on the public contracts awarded by negotiated procedure with publication in accordance with §

22 paragraph 1. 1 and 2, and



(c)) on the public contracts awarded by negotiated procedure without publication in accordance with §

23 para. 1, § 23 para. 4 (b). (b)), § 23 para. 5 (b). c) to (e)), section 23

paragraph. 6 to 9, § 23 para. 10 (a). and) and (c)) and § 23 paragraph 1. 11.



(7) the contracting authority shall proceed when using design contests by

paragraphs 1 to 5 apply mutatis mutandis.



(8) details of the extent of the preamble lays down detailed legislation.



for example, 84) § 5 para. 2 (a). b) of Act No. 6/1993 Coll., as amended by

amended. ".



186. In paragraph 157, paragraph 2 reads as follows:



"(2) the information system provides the



and journal of public procurement)



(b)), the list of qualified suppliers,



(c) a list of certified vendors systems),



d) statistical outputs on public procurement,



(e) a register of persons with disabling) public contracts,



(f) a list of the assessors. ").



187. In section 157a of paragraph 1. 1, the words "without value added tax" shall be deleted.



188. In § 159 paragraph. 2 the words "(a). I) "are replaced by the words" (a). (h)) ".



189. In section 159, paragraph 3 reads:



"(3) the Ministry will issue a decree to implement section 17 (a). x), § 44 para. 4

(a). a) and b), section 46a, paragraph d of paragraph 1. 1, section 74a of paragraph 1. 6, § 86 para. 2, § 96

paragraph. 5, § 103 para. 7, paragraph 108, section 119 paragraph 1. 2, § 146 paragraph. 3 and 6, § 147a

paragraph. 8, § 149 paragraph. 8 and 9 and § 156 para. 8. ".



190. In section 159, paragraph 4 shall be deleted.



Article. (II)



Transitional provisions



1. Public procurement, design contests and the procedure for the review of

the acts of the contracting authority by the Office for the protection of competition launched prior to the

the effective date of this Act shall be completed according to the existing

legislation.



2. In the procedures for review of acts of the contracting authority, which started after the

the effective date of this Act and on the award of public

the contracts or the competition for the proposal referred to in point 1, shall follow the procedure referred to in

the existing legislation.



Article. (III)



The effectiveness of the



This Act shall take effect on 1 January 2000. April 2012.



Němcová in r.



Klaus r.



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