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Amendment Of The Act On Public Procurement

Original Language Title: změna zákona o veřejných zakázkách

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40/2015 Sb.



LAW



of 10 June 1999. February 2015,



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

amended



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., Act No.

258/2007 Coll., Act No. 367/2007 Coll., Act No 420/2007 Coll., Act No.

458/2011 Coll., Act No. 1/2009 Coll., Act No. 55/2010 Coll., Act No.

167/2009 Coll., Act No. 303/2013 Coll. and the legal measures the Senate No.

341/2013 Coll., is amended as follows:



1. in paragraph 22 of the paragraph. 1 introductory part of the provisions of the second sentence, the number "8"

replaced by the number "7".



2. in paragraph 2 of article 23. 7 (b). and the introductory part of provisions) of the word "objectively

unforeseen "and are deleted after the word" circumstances "with the words"

which the contracting authority acting with due care, could not foresee ".



3. in paragraph 2 of article 23. 7 (b). and 3 the number) to the point of "20" nahrazje number "30".



4. in section 30 paragraph 2. 5 the second sentence is replaced by the phrase "For these persons §

paragraph 74. 7 and section 75 para. 6 the first sentence accordingly. ".



5. In article 59 paragraph 2. 2, the second sentence is replaced by the phrase "the provisions of section 74 para.

7 and section 75 para. 6 the members of the Special Commission shall apply mutatis mutandis. ";"



6. In § 69 para. 5 the third sentence, the words "or 6" shall be deleted.



7. In article 71, paragraph 6 shall be deleted.



Paragraphs 7 to 11 are renumbered 6 to 10.



8. In § 71 para. 8 and in § 71 para. 9, the first sentence is the number "8" after the word

"paragraph" is replaced by "7".



9. In § 71 para. 10, the words "eight to 10" shall be replaced by "7 to 9".



10. In § 72 para. 3 the number "9" is replaced by "8".



11. In § 72 para. 4, the first sentence is the number "7" shall be replaced by the number "6".



12. In § 72 para. 5 is the number "8" is replaced by "7".



13. in § 72 para. 6 ' 5, 6 and 9 to 11 "is replaced by" 5 and 8 to

10. "



14. in § 73 para. 1 the second sentence with the number "9" is replaced by "8".



15. § 74 including the title reads as follows:



"§ 74



The composition of the Evaluation Committee



(1) for the assessment and evaluation of tenders in an open procedure, the restricted procedure,

competitive dialogue and in the simplified management and lower for the preliminary

evaluation of the tenders in the negotiated procedure with publication shall designate a public

the sponsor of the evaluation to the Commission. If the Evaluation Committee in relation to the

suppliers of the operations referred to in this law, the following acts shall be on behalf of the

the contracting authority.



(2) the obligation of the contracting authority to establish the evaluation to the Commission under

paragraph 1 shall not apply to public procurement in a dynamic

the purchase of the system under section 95. In this case, the reviews

through the automatic evaluation methods of the contracting authority.



(3) the assessment, the Commission must have at least 5 members. If this is justified by the

the subject of the contract, must have at least one of the Evaluation Committee

one-third of members with relevant expertise in relation to the subject of public

of the contract.



(4) a member of the Evaluation Committee must always be the representative of the

the contracting authority. At the same time with the appointment of the members of the Evaluation Committee shall be appointed by

the contracting authority for each Member of the Evaluation Committee of his surrogate.

Provisions of this Act relating to a member of the Evaluation Committee shall apply

Similarly, for his replacement.



(5) a member of the Evaluation Committee must be in excess of public procurement

the works authorized architect, engineer or

an authorized technician ^ 85).



(6) in the case of major public contracts awarded by a contracting authority

According to § 2 (2). 2 (a). a) and b) Evaluation Committee must have at least 9

members. If this is justified by the subject of the contract, must have at least

two-thirds of the members of the Evaluation Committee in relation to the appropriate expertise

subject of the contract. The Evaluation Commission will appoint a Government, on the

a proposal from the



and the Minister or any other person), acting on behalf of the public

the contracting authority according to § 2 (2). 2 (a). a) ^ 54), or



(b)) the Minister of the superior to the contracting authority according to § 2 (2). 2 (a).

(b)).



(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.



(8) If a reason for bias on the part of any member of the Evaluation Committee in

the course of its activities, shall be obliged to immediately notify the fact to the

to the contracting authority. In such a case, the contracting authority will exclude Member

the Evaluation Committee from further participation in the evaluation to the Commission. If a

doubts about the impartiality of the contracting authority of a Member

the Evaluation Committee shall proceed mutatis mutandis. In this case, the President shall invite the

the Evaluation Committee to the activities in the evaluation to the Commission for an expelled member

his replacement.



(9) the contracting authority, awarding a public contract on the basis of the framework

the contract and the contracting authority are not obliged to establish a sectoral assessment

the Commission and all rights and obligations relating to the assessment and

evaluation of tenders, the contracting authority shall implement. ".



16. section 74a, including title and footnote # 81 is deleted.



17. in paragraph 76, paragraph 2 reads as follows:



"(2) the assessment for the assessment of the tenders, the Commission may take advantage of the participation of

Advisor, who may not be in relation to public order and to the tenderers

podjati; about it is an invited consultant is obliged to make a declaration pursuant to § 74

paragraph. 7. the provisions of section 74 para. 8 and section 75 para. 6 shall apply mutatis mutandis. ";"



18. in § 77 para. 1, the first sentence is replaced by the phrase "in the assessment of tenders

applicants in terms of the fulfilment of the terms of reference, and in case of the use

electronic auction after the Evaluation Committee will assess whether or not the amount of the

offer prices in relation to the subject of the contract ".



19. in § 78 para. 4 the third sentence, after the word "persons" shall be replaced

"and people with difficult access to the labour market" and the third sentence shall be inserted

the phrase "Partial evaluation criteria can also be organisations,

qualifications and experience of persons involved in the implementation of the contract,

If they have a significant impact on its performance. ".



20. In article 84 paragraph. 1 at the end of subparagraph (c)) the following the word "or".



21. in paragraph 84 of paragraph 1. 1 at the end of subparagraph (d)) the word "or" is replaced by

dot and the letter e) shall be deleted.



22. In article 97, paragraph 1 reads:



"(1) before proceeding with an electronic auction is the Evaluation Commission shall, in

When the Evaluation Committee is established in accordance with section 74 para. 9,

then the contracting authority, carry out an assessment and evaluation of tenders, and get a report on the

assessment and evaluation of the tenders in accordance with § 80 (hereinafter referred to as "preliminary

reviews ").".



23. in paragraph 97, the following paragraph 11, which read:



"(11) after their evaluation Committee will examine the e-auction bidding

price according to § 77. ".



24. in section 114 para. 3, the first sentence of the following sentence "the applicant is

required to attach to the proposal in electronic form of the written evidence

resources whose implementation suggested, are not included in the documents of the

public order. '.



25. In section 114 para. 7, the second sentence is replaced by the phrase "the period for issuance of the

the decision, however, does not begin to run before to complement the General

requirements for filing, the designation of the contracting authority in the proposal and referred to in the proposal,

what the appellant seeks. ".



26. in paragraph 8 of section 114, including footnotes # 86 and 87 read as follows:



"(8) a draft, received the proposal, other submissions of the participants

control specification except for the non-text portion of the specifications

or design contests, where appropriate, additional information for the entry

the conditions which the contracting authority provided under section 49, the contracting authority is obliged to

submit to the Office exclusively by means of a data box ^ 86) or as

data report signed by a recognized electronic signature ^ 87).



86) Act No. 300/2008 Coll., on electronic acts and authorized

convert documents, as amended.



87) § 2 (b). (b)), and (d)) Act No 227/2000 Coll., as amended

regulations. ".



27. in paragraph 114, the following paragraphs 10 and 11 shall be added:



"(10) the details of the proposal referred to in paragraph 3, first sentence, and second, they cannot

be subsequently amended or supplemented; The Office of such changes and the addition of

not taken into account. To new realities as referred to in the draft as opposed to facts

contained in the objections submitted to the contracting authority, the authority shall take into account only

in the case of such facts, that the appellant could not claim against

the contracting authority; the claimant is required to prove that this is such a new

the fact that he could not claim against the sponsor.




(11) in the proceedings initiated on a proposal from interested parties may propose

evidence indicate the facts and do other proposals at the latest within a period of 15

calendar days from the date of receipt of the notice of initiation,

not applicable if they constraint referred to in paragraph 10; to later referred to

facts, evidence and proposals of the other proposals being disregarded by the Office with the exception of

facts, evidence and proposals to other proposals, which is to be called into question

the credibility of the documents for the issuance of the decision. On the conditions for

the application of the draft evidence, new facts and other proposals under the

the first sentence shall be parties to the proceedings, with the exception of the claimant advised in

notice of initiation of the proceedings. ".



28. In article 115, paragraph 1 reads:



"(1) request the petitioner is required to pass on the account of the Office bail

in the amount of 1% of the offer price of the applicant for the entire period of performance of public

of the contract or during the first four years of performance in the case of contracts for a period of

an indefinite period, but at least in the amount of $50,000, a maximum of EUR 10 000 000

CZK. In the event that the applicant cannot determine the overall bid price,

is obliged to deposit 100 USD. In the case of the proposal on imposition of a ban

performance of the contract is the petitioner shall deposit in the amount of 200 000.

Bank Office shall publish on its Internet address. ".



29. in paragraph 115 to paragraph 2, the following paragraph 3 is added:



"(3) the Office shall refund the deposit reduced by 20% if the applicant took its proposal

before taking a decision on the merits; This is without prejudice to paragraph 2 of

(a). b).“.



The former paragraph 3 shall become paragraph 4.



30. In article 115 paragraph. 4 the first sentence, after the words "in paragraph 2" shall be inserted after

the words "and 3".



31. in section 115, the following paragraph 5 is added:



"(5) the deposit shall be credited to the account of the Office no later than the last day of

time limits provided for pursuant to section 114 para. 4 or 5 for the service of the authority. ".



32. In section 117a letters and) and (b)):



"and the proposal does not contain general requirements) Administration ^ 64) or designation

the contracting entity or is not listed in it, what the applicant is seeking, or to

the proposal is not accompanied by proof that a security deposit in the amount under § 115 paragraph. 1

and the applicant of the deficiencies of the draft within a time limit fixed by the Office

could not delete,



(b) the proposal does not contain), in what is seen as a violation of the law, in which the

as a result the claimant threatens or suffer on his rights ".



33. In section 117a, b) the following new subparagraph (c)), and (d)), which

shall be added:



"(c)) in the amount of the security deposit being credited pursuant to § 115 paragraph. 1 on account of the Office

within the time limit under section 115 paragraph. 5,



(d)) to the application shipped Office before the conclusion of the contract

proof of delivery is not connected-opposition to the contracting authority and proof of

the composition of the security referred to in section 67 para. 4. "



Subparagraph (c)) and (d)) shall become points (e) and (f))).



34. in section 117b shall be added to § 117 c, including the title reads as follows:



"§ 117 c



Special provisions for proceedings



(1) in electronic form, signed by the recognized electronic signature with

shall be:



and participants in the proceedings) the Administration on the review of acts of the contracting authority

initiated ex officio,



(b)) decomposition and other submissions made by the participants in the proceedings about the decomposition.



(2) the Office may suspend the proceedings in the exercise of supervision pursuant to § 112 with a view to

obtain expert opinion or an expert opinion. Since the release of the resolution on the

interruption of the proceedings, which cannot be appealed, to the delivery of vocational

opinion or an expert opinion of the authority issued decision

is not running.



(3) the Office shall provide the interested parties before issuing the decision in the case

the deadline to comment is to background of the decision. This period may not be

less than 7 calendar days. To later expression of the authority shall not

be taken into account. The provisions of section 114 para. 11 section the first sentence after the semicolon

shall apply accordingly. ".



35. In § 120 paragraph 1. 1 (b). (f)), after the words "the Pact" is inserted after the word ",

send ".



36. In § 121 paragraph 2. 3, the number "5" is replaced by "3" and the number "10"

replaced by the number "5".



37. In § 148 paragraph. 6, the following phrase "higher education diplomas can be

present in the Latin language ".



38. In article 151 paragraph 1. 1, the second sentence is replaced by the phrase "this person must

comply with the requirement to disclose under section 74 para. 7 and shall not participate in

the appropriate procurement procedure. ".



39. In paragraph 155, the following paragraph 5 is added:



"(5) the contracting authority shall, within ten days from the date of receipt of the request the Office

send documentation on public order data through the Clipboard

or as a data message signed by a recognized electronic signature with

the exception of the documents referred to in section 114 para. 9, which is required at the same

submit to the Office within the time in documentary form, through the data boxes

or as a data message signed by a recognized electronic signature. ".



40. section 156 including title:



"§ 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) the contracting authority according to § 2 (2). 2 (a). and a) and b) shall submit to the

justification public procurement referred to in paragraph 1, in a significant public procurement

together with a justification the determination of the estimated value of a contract

to the approval of the Government. The approval of the Government is a precondition for the opening of

the procurement procedure.



(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. ".



41. In § 157 paragraph. 2 at the end of paragraph (e)) the comma is replaced by a dot and the

the letter f) shall be deleted.



42. In paragraph 2 of section 157a. 1 at the end of subparagraph (b)) the following the word "or", and

subparagraph (c)) shall be deleted.



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



43. In section 159, paragraph 3 reads:



"(3) the Ministry will issue a decree to implement section 17 (a). w), § 44 para. 4

(a). a) and b), section 46a, paragraph d of paragraph 1. 1, § 86 para. 2, § 103 para. 7, §

108, section 119 paragraph 1. 2, § 146 paragraph. 3 and 6, § 147a para. 8, § 149 paragraph. 8 and

9 and § 156 para. 8. ".



Article. (II)



Transitional provision



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, which began before the

the effective date of this Act, shall be completed and the rights and obligations with

it related shall be assessed pursuant to Act No. 137/2006 Coll., as amended by

effective before the date of entry into force of this Act.



Article. (III)



The effectiveness of the



This Act shall take effect on the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.