137/2006 Coll.
LAW
of 14 July 1999. March 2006
on public procurement
Change: 110/2007 Sb.
Modified: 296/2007 Sb.
Change: 76/2008 Sb.
Change: 124/2008 Sb.
Change: 110/2009 Sb.
Change: 41/2009 Coll., 417/2009 Sb.
Change: 179/2010 Coll. (part)
Change: 227/2009 Sb.
Change: 179/2010 Sb.
Change: 423/2010 Sb.
Change: 73/2011 Sb.
Change: 258/2007 Sb.
Change: 367/2007 Coll., 420/2011 Sb.
Change: 1/2012 Sb.
Change: 55/2012 Sb.
Change: 167/2009 Sb.
Change: 303/2013 Coll. 341/Sb.
Change: 341/2013 Coll. (part)
Change: 40/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
GENERAL PROVISIONS
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
and) procedures in public procurement,
(b) a competition for the design)
c) supervision of compliance with this Act,
(d) conditions of management and functions) the list of qualified suppliers and
the system of certified suppliers.
§ 2
The sponsor of a contract
(1) the contracting authority for the contract (hereinafter referred to as the "sponsor") for the purposes of
This law is considered public, subsidized and sector sponsor.
(2) the contracting authority is
and Czech Republic) ^ 2)
(b) State allowance organisation,)
(c) the local government unit or) an organization for which the function
founder pursues territorial self-governing unit,
(d) other legal person), if
1. was founded or established for the purpose of meeting needs in the General
interest, not having an industrial or commercial character, and
2. is financed mainly by the State or by a contracting authority or
State or other Contracting Authority controlled by the State or other public
the sponsor shall appoint or elect more than half of the members in its statutory,
administrative, supervisory or inspection authority.
(3) the Subsidised by the contracting authority is a legal or natural person that concludes the
the contract paid more than 50% of the funds from the
public resources, 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.
(4) for the purposes of conclusion of the contract with the subcontractor for the subsidized
the contracting authority does not consider the contractor by the contracting authority
awarded.
(5) the contracting authority shall proceed when entering a subsidized public contracts referred to in
provisions of this Act applicable to the contracting authority; This is not a
without prejudice to the provisions of paragraph 7. Subsidized by the contracting authority does not flow
provisions of this Act in the case of the award of public contracts in the field
Defense or security.
(6) the contracting authority is the person performing Sector one of the
relevant activities under section 4 If the
and the relevant activities) on the basis of special or exclusive
rights, or
(b)) over that person, the contracting authority may directly or indirectly exercise
a dominant influence; the contracting authority exercises a dominant influence in the case
that
1. has majority voting rights alone ^ 3) or on the basis of the agreement with
another person, or
2. appoint or elect more than half of the members in its statutory,
administrative, supervisory or inspection authority.
(7) if the contracting authority or contracting entity endowed with one or more
relevant activities under section 4, shall apply to the provisions of the Act
applicable to the sector of the contracting authority, provided that the public
the contract is to be entered in connection with the performance of the relevant activities.
However, the contracting authority shall take place in accordance with the provisions applicable to
sector of the contracting authority, when it carries out the relevant activity under section 4
paragraph. 1 (b). (d)), and (e)).
(8) the contracting authority shall proceed when entering the Sector, public contracts in
the field of defence and security under the provisions of this Act,
applicable to the contracting authority; the provisions of § 19 para. 1 by
shall not be affected.
(9) in one of the contracting authority for the purposes of this Act, shall be deemed several
the contracting authorities referred to in paragraph 2, 3 or 6, if an affiliate or
otherwise, come together for the purpose of joint action leading to the award of public
the contract (hereinafter the "Association of contracting entities"). In this case,
contracting entities shall before the commencement of the procurement procedure to conclude a written
a contract in which you adjust the mutual rights and obligations related to the
the contract award procedure and sets out how the negotiations on behalf of the participants of the Association
contracting entities. If it is a participant in the Association sponsors public or subsidized
the sponsor, an Association of contracting authorities subject to the provisions of this Act
valid for the contracting authority; This is without prejudice to the provisions of paragraph
7.
(10) the contracting authority shall also constitute any association or other
join the contracting authority referred to in paragraph 2, 3 or 6 with physical or
legal person which is not a contracting authority for the purposes of the award of the
of the contract. The provisions of paragraph 9, third sentence, shall apply mutatis mutandis.
(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 of the Association.
§ 3
Central sponsor
(1) the Central contracting authority is a contracting authority which carries out
centralized, consisting in the fact that
and for another contracting authority) takes delivery or services which are the subject
public procurement, which in turn sells to other contracting authorities for the price
not higher than that at which the supplies or services acquired, or
(b)) performs a procurement procedure and enters public supply contract, services
or construction work on behalf of other entities.
Before the start of the centralized contracting and a central entry
the contracting authority shall enter into a written contract in which modifies its mutual
rights and obligations in connection with the centralised award. Conclusion of the
a written contract is formed the Central contracting authorities in relation to the
sponsors permission to perform centralized entry.
(2) the contracting authority carries out the centralized entering Central referred to in paragraph
1 according to the provisions of this Act applicable to the contracting authority.
If, however, a centralized entry exclusively for the sector
Contracting authorities or on their behalf, it shall proceed according to the provisions of this Act
applicable to the sector of the contracting authority, except when it is a
centralized input in the area of defence and security.
(3) if the procedure under paragraph 1, the provisions of this Act,
responsible for the infringement of the law central contracting authority, unless such
violations of the law occurred the contracting authority's acts or omissions, for which he or
on whose account is a centralized entry performed.
(4) if it has been awarded in accordance with this Act
central purchasing body, the contract was awarded in accordance
with this Act, in relation to the contracting authority, for which the centralized
the award is made.
(5) the Central contracting authority may take in the framework of centralised
the award referred to in paragraph 1, supplies or services for themselves.
§ 4
Relevant activities
(1) the relevant activities for the purposes of this Act, the
in the gas sector) ^ 4)
1. manufacture of gas for the purpose of providing services to the public,
2. the provision or operation of a transmission or distribution system
for the provision of services to the public,
3. the provision or operation of a coal gas pipeline, or
4. the provision or operation of underground gas storage
ensuring the serviceability of the transmission or distribution system specified
to provide services to the public,
(b)) in the heating industry ^ 4)
1. production of thermal energy for the purpose of providing services to the public, or
2. the provision or operation of distribution of thermal equipment intended
to provide heat energy to customers,
(c)) in energy sector ^ 4)
1. production of electricity for the provision of services to the public, or
2. the provision or operation of a transmission or distribution system
for the provision of services to the public,
(d) water supply sector) ^ 5)
1. the provision of tap water, serving a public need, for the purposes of
the operation of such a tap water under special legislation ^ 5)
connection with the production or the supply of drinking water,
2. the operation of the aqueduct serving the public need under a special
law ^ 5) in connection with the production or the supply of drinking water,
or
3. the supply of drinking water to tap water referred to in points 1 and 2,
(e) the persons carrying out relevant activities) the activity referred to in subparagraph (d)),
If this activity
1. related to the projects of water management, irrigation or
land drainage, provided that the volume of water to be used
for the supply of drinking water represents more than 20% of the total
the water, which referred to projects or irrigation or drainage installations
provide, or
2. related to the recruitment of public servants waste water drainage
the need for or with the cleaning of waste water,
(f)) work relating to the provision or operation of transportation networks
providing a service to the public in the field of railway, tramway,
trolley bus or cable transport ^ 6) and operation of the public bus
transport ^ 7) (hereinafter referred to as "transport network"); transport network is considered to be
the existing, if the activity referred to in this subparagraph is provided under
conditions laid down by the competent authority, in particular conditions
relating to the provision or operation of the transport network, transport
capacity or frequency of the provision of such activities,
g) activities related to the provision of
1. the reserved postal services which are or may be reserved
on the basis of the legislation of the European Union ^ 8), or
2. other postal services which may not be reserved on the basis of
the legislation of the European Union ^ 8);
postal services "means services consisting in the filing, sorting,
the Routing and delivery of postal items, the mail is
the consignment shall be considered designated address, regardless of its weight and which the
In addition to the content of documents, in particular, books, catalogues, newspapers and
magazines or other goods,
h) activities related to the provision of non-postal services
referred to in point (g)), if these services are provided by the person
which also provides one of the postal services referred to in subparagraph (g)), and
If at the same time providing postal services referred to in subparagraph (g)) is not
excluded from the scope of this Act pursuant to section 20; for non-mail
services shall be considered as
1. services directly related to postal services, i.e., services
the previous administration or following delivery, in particular, management services
the mailbox of the sender or the addressee, mailroom
2. services directly related to postal services and provided by the
entirely by electronic means, including secure transport
of coded documents by electronic means, address management services and
transmission of registered electronic mail,
3. services relating to shipments not referred to in point (g)), in particular
unaddressed advertising mail,
4. financial services listed in category 6 of Annex No. 1 and in section 18 para. 2
(a). (b)), including postal money orders and Giro transfers,
5. philatelic services, or
6. logistics services services combining physical
delivery of or storage with other non-postal functions,
I) activities carried out during the use of geographically defined territory
the purpose of the
1. prospecting, exploration or mining of oil, gas, coal or other
solid fuels, or
2. the provision and operation of airports ^ 9), maritime or inland
the ports or other terminal facilities for air and maritime
the carrier or the carrier on inland waterways.
(2) unless the contracting authority, the relevant activities for the purposes of
This law does not consider the
and) supply of heat energy produced or gas, if
1. of the delivery to the networks, which enable the provision of services to the public,
2. their production is a result of the implementation of activities other than the activity of the
referred to in paragraph 1,
3. delivery is focused only on economic use made of the heat
energy or gas and
4. does not amount to more than 20% of the average turnover of the contracting authority for
the previous 3 years,
(b) the electricity produced or) supply of drinking water, if the
1. of the delivery to the networks, which enable the provision of services to the public,
2. the production is carried out in order to pursue activities other than the
the activities referred to in paragraph 1,
3. delivery depends only on the client and own consumption
4. does not amount to more than 30% of the average of the total production of electricity or the
drinking water by the contracting authority for the previous 3 years.
(3) the relevant activities for the purposes of this Act, does not consider also
the operation of public bus service pursuant to paragraph 1. (f))
If the other person can provide such a service to the whole territory of the
State or in a defined area, under the same conditions.
§ 5
Overlapping of activities
(1) the overlapping of activities means, if the subject is related to contracts awarded to public
the contract with the performance of the relevant activities and with the performance of other activities
the contracting authority.
(2) the overlapping of activities referred to in paragraph 1
and the contracting authority) shall follow the provisions of this Act applicable
for the sector of the contracting authority only if the subject of the contract
related mainly to the relevant activities performed by the public
by the contracting authority; otherwise, or if you cannot objectively determine whether
the subject of the public contract is mainly related to the performance of the relevant
activities, the contracting authority shall proceed according to the provisions of this Act
applicable to the contracting authority,
(b)), the contracting authority shall take place according to the sector of this Act, if the subject
public procurement is mainly related to another of its activities than the performance
the relevant activities; otherwise, or if you cannot objectively
to determine whether the subject of the public contract is related mainly with the performance of other
the activities of the sector, according to the sponsor, follow the provisions of this Act
applicable to the sector of the contracting authority.
§ 6
Principles of the procedure the contracting authority
(1) the contracting authority is obliged to abide by the procedure under this Act
the principles of transparency, equal treatment and non-discrimination.
(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 contract.
§ 7
Public contract
(1) a public contract the contract is realized on the basis of the contract between the
by the contracting authority and one or more suppliers, the object of which is the consideration for
the provision of supplies or services or for the execution of works.
The contract, which the contracting authority is obliged to provide under this Act,
must be realized on the basis of a written contract.
(2) the contract shall be divided by subject to public
supply, public service contracts and public works contracts
(hereinafter referred to as "types of public procurement").
(3) public contracts, according to the amount of their expected values are divided into
excess public contracts, public procurement and public-limit
minor contracts.
§ 8
A public contract for the supply of
(1) a public contract for the supply of the public contract, the subject of
is the acquisition of things (hereinafter referred to as "goods"), and in particular in the form of purchase, the purchase
goods in installments, hire or lease of goods or the rental or lease of the goods
with the law of the subsequent purchase (leasing).
(2) a public contract for the supply, it is also a public contract, the
the subject is in addition to the acquisition of goods referred to in paragraph 1 shall also provide
services or works consisting in placement, Assembly or
the placing of such goods into service, if this is not about making buildings,
If these activities are not the basic purpose of the contract, but are
necessary to meet public supply contracts.
§ 9
The contract is for construction work
(1) a public contract works contract which is
the subject is
and) executing the works that relate to any of the activities
listed in annex 3,
b) execution of the work under (a)) and related
design or engineering, or
(c) the construction of the building) ^ 10), which is the result of construction or installation
the work, possibly even related project and engineering activities, and
that is as a whole, able to carry out a separate economic or
technical function.
(2) a public contract for the construction work is also a public contract, the
the subject is in addition to the transaction referred to in paragraph 1 shall also provide supplies or
services necessary for the implementation of subject of the contract by the supplier.
(3) A public contract for the construction work of the building are also regarded as
the work of utilizing intermediary or similar
services that the contracting authority provided by another person.
§ 10
Public service contract
(1) a public service contract is a contract, which is not a public
the contract for the supply or public works contract on the construction work.
(2) a public service contract is also a public contract, the
the subject is also in addition to the provision of services
and shipment pursuant to §) provide 8, if the estimated value of
of the services provided is higher than the expected value provided by
delivery, or
(b)), the execution of works under section 9, if such works
they are not the main purpose of the contract, but their implementation is
necessary to fulfil the public service contracts.
(3) the services are divided into the categories set out in annexes 1 and 2.
(4) if the subject of the public contract, the provision of the services referred to in
Annex No 1 and no 2 in the annex, is to determine whether the public
the contract for the services referred to in annex 1 or in annex 2, the decisive
the higher the expected value of the services listed in the relevant annex.
section 10a
Public order in the field of defence and security
(1) a public contract in the defence or security of the public
a contract the object of which are
and the supply of military equipment), its components, spare parts and
components parts,
(b) the shipment of sensitive material), its components, spare parts and
components parts,
(c)) works, supplies or services directly related to the supply of
referred to in (a)), or
(b)) for all phases of their life cycle,
d) works or services for exclusively military purposes, or
e) construction work or sensitive-sensitive services.
(2) the sponsor shall proceed according to the provisions of this Act applicable to the
the award of public contracts in the fields of defence and security, even if
If the subject of the public contract falls within the area referred to in paragraph 1
only partially and at the same time there are objective reasons for specifying only
a single contract.
(3) the contracting authority is not obliged to do under this Act in the case
If the subject of the public contract falls within the area of defence and security
referred to in paragraph 1 only partially, for the rest of you can use
one of the exemptions under § 18 para. 1, 2 and 3 or § 19 para. 2, 3 and 7,
and while there are objective reasons for specifying only a single public
of the contract.
§ 11
Framework contract
(1) a framework agreement for the purposes of this Act, a written agreement
between the contracting authority and one or more candidates, concluded for a definite period,
which lays down the conditions concerning specific contracts on
acquisition of recurrent supplies, services or works with a similar
the subject of performance awarded for the duration of the framework agreement, in particular
in terms of price and quantity.
(2) If this Act Uses the concept of a public contract shall mean (i)
framework contract referred to in paragraph 1, unless otherwise provided by this Act.
Provisions of this Act relating to the award of public contracts
applies mutatis mutandis to award framework contracts, unless otherwise provided by this law
otherwise.
(3) the framework contract for the purposes of this Act, the contract also
meeting the conditions referred to in paragraph 1 on the basis of a contract concluded
management implemented in accordance with the legislation of the European Union "^ 1") in the
benefit of the sector of the contracting authority, based in the Czech Republic, its
an associated person, which is the sector by the contracting authority in another Member
State of the European Union.
§ 12
the title launched
(1) the Excess contract means a public works contract, the
estimated value according to § 13 free of value added tax achieves the
at least the financial limit set by an implementing regulation for
each category of sponsors, the area and the types of public procurement,
where appropriate, the categories of supplies or services. This implementing legislation
It also lays down the list of goods procured by the Czech Republic-
The Ministry of defence, to which the specific financial limit, and the amount of
This limit.
(2) a below-limit public contract means a public works contract, the
the estimated value is in the case of public supply contracts or
public service contract of at least 2 000 000 Czk without VAT.
values or in case of public works contracts to at least 6 000
USD without value added tax, and it reaches a threshold according to the
of paragraph 1.
(3) a public contract of a minor nature means the contract, which
estimated value does not reach in the case of public supply contracts
or public service contracts for 2 000 000 Czk without value added tax
or in the case of public contracts for Works 6 000 000 Czk without tax
from value added tax.
section 13 of the
The estimated value of public contracts
(1) the estimated value of a public contract for the purposes of this Act,
means the contracting authority estimated the amount of monetary obligations arising from
performance of the contract, the contracting authority is obliged to provide that for the purposes of
procedure in an award procedure before you start. When determining the
the projected values is always the decisive price without value added tax.
(2) the estimated value of the contracting authority shall determine, in accordance with the rules of the
set out in this Act and on the basis of data and information on procurement
the same or similar subject of performance; If the sponsor does not have available
such data provides the estimated value based on the data and
the information obtained with the fulfilment of market research or on
the basis of the data and information obtained in any other way. For
determination of the amount of projected values is the determined date of dispatch of the notice
or call for tender for publication.
(3) the sponsor shall not divide the subject of procurement, so that this
to reduce the projected values below the thresholds laid down in this
the Act.
(4) If a contract is divided into lots, it is for the determination of
the projected values of the sum of the values of all decisive implied
part of the contract.
(5) in the event that the contracting authority provides the participants in design contests or
participants in the competitive dialogue, rewards, prizes or other payments,
includes the estimated value and the amount of such remuneration, contest prizes or
other payments.
(6) if the contracting authority's procurement conditions reserved the right of option
under section 99, the estimated value must also include the estimated
the value of all public procurement of supplies, services or works
required by the contracting authority in the use of the optional rights; the contracting authority is
This situation, at the same time obliged to separately determine the estimated value of the
public supply, works or services and the expected
the value of the supplies, services or works in the use of the optional
rights.
(7) in the case of framework agreements and dynamic purchasing system is
the estimated value of the maximum estimated value of all the public
contracts are to be awarded for the duration of the framework contract or
the dynamic purchasing system.
(8) in determining the expected value of the sponsor is obliged to add up
the projected values of similar, related supplies or services,
It proposes to take during the accounting period. It does not apply to the supply of
or services, whose unit price is during the accounting period
variable and the sponsor of those supplies or services being procured repeatedly
According to their actual needs; However, the contracting authority is obliged to always comply with the
policy according to § 6 para. 1.
§ 14
The estimated value of public supply contracts
(1) the estimated value of public supply contracts is determined on the
the basis of the
and the estimated amount of total) monetary obligations of the contracting authority for a period of
the effectiveness of the supply contract, the contract is to be concluded for
a, or
(b) the estimated amount of total) monetary obligations of the contracting authority for the 48
months, if it is to be concluded for an indefinite period or for a period,
whose duration cannot be precisely defined.
(2) the estimated value of a contract for the supply of fixed pursuant to
paragraph 1, the contracting authority shall include the estimated net price also ^ 12).
(3) the basis for determining the estimated value of public works contracts
supply, the subject of which is a recurrent or continuous delivery,
and the actual price paid by the contracting authority) for the supply of the same or similar
the species during the previous 12 months, adjusted for changes in the amount or
the prices that can be expected during the next 12 months, or
(b) the sum of the values of each of the anticipated) supply, to be
the contracting authority taken during the following 12 months.
(4) the basis determined in accordance with paragraph 3, for the purposes of determining the
the estimated value of public contracts, the subject of which is a recurrent
or the continuing supply, adjusts depending on the time of effectiveness of the contract
According to the rules referred to in paragraphs 1 and 2.
§ 15
The estimated value of public contracts for services
(1) the provisions of § 14 para. 1, 3 and 4 to determine the estimated
the values of public service contracts shall apply mutatis mutandis.
(2) the basis for determining the estimated value of public works contracts
in the case of services
and insurance services) is the amount of the premium, as well as any other
other rewards associated with these services,
(b) the) banking and financial services are the fees, commissions, interest, as well as
as well as any other additional remuneration associated with these services,
(c)) the project activity are fees, as well as any other additional
payments related to the processing of project documentation.
section 16 of the
The estimated value of public works contracts
(1) the estimated value of public works contracts shall be
According to the rules referred to in section 13. The estimated value of public
the works contract is counted the estimated value of the supply, and
in the case of sector sponsor also estimated value services
that are necessary for the implementation of public works contracts and
which the contracting authority for the vendor.
(2) the estimated value of the public works contracts must not
the contracting authority shall include the estimated value of the supplies or services, if these
supplies or services necessary for the execution of the subject are not public
works contracts and their inclusion in the projected values
public works contracts would mean that
a) could fail to be entered in a tender procedure in accordance with this Act,
or
(b)) would have been entered pursuant to the provisions relating to the lower
public procurement, although according to the projected values of excess
public contracts for supplies or services, or would have been concluded by
the provisions relating to public procurement, although small scale
According to the projected values of below-limit public supply contracts
or services.
section 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.
§ 17
The definition of some of the other concepts
For the purposes of this Act, means the
and) supplier of the natural or legal person that delivers the goods
provides services or performs work, unless it is situated, the place
business or residence on the territory of the Czech Republic, or
foreign supplier,
(b)) dynamic shopping system fully electronic system for taking
normal and generally available goods, services or works that
It is of limited duration and open throughout its duration to any
suppliers who meet the conditions for the admission to a dynamic purchasing
system and submit a preliminary offer,
c) electronic auction process used for the evaluation of tenders, in whose
the contracting entity uses electronic tools to allow for the submission of
new reduced bid prices or new values, quotes, and
that at the same time allows you to build the current order of the menus when you use
automatic methods for their evaluation,
(d)) business name or identifying information name, address, legal
form, the identification number of the person (hereinafter referred to as "identification number"),
If it was assigned, as a legal person, or a business name
name and surname, place of business or place of residence,
the identification number, if any, in respect of a natural person,
(e) the qualifications of the supplier) the eligibility of the vendor for fulfillment of the public
of the contract,
f) qualifying documentation documentation containing detailed requirements
the contracting authority for proving compliance with the qualification of suppliers,
(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,
h) associated with a person, the person is the sponsor of a controlling or
the controlled entity under a special legal regulation ^ 1), or the person
that is an entity controlled by another person in accordance with
special legal regulation ^ 1),
I) that person by a subcontractor, the supplier has to perform a specific part
public procurement ^ 14) or to provide the contractor for the performance of
public order or the rights of certain things,
j) applicant supplier who has submitted a tender in a tender procedure,
to the contracting authority's decision about) by choosing the most appropriate menu, and
conclusion of the contract with the selected tenderer, carried out in a tender procedure,
l) specification requirements the contracting authority referred to in
notice or the invitation to tender, the contract documents or
other documents containing the definition of the subject of the contract
m) entering a binding procedure the contracting authority under this Act in the entry
proceedings, the purpose of which is the award of the contract, and until the conclusion of the
of the contract or to cancel the award procedure; entering the means and procedure
the contracting authority, leading to the award of public contracts in a dynamic purchasing
system and procedure in which the contracting authority concludes the contract
on the basis of a framework contract,
n) candidate supplier who submitted in due time a request to participate in the
restricted procedure, the negotiated procedure with publication or in the competitive dialogue,
or supplier, who was invited by the contracting authority to negotiate in the rules
procedure without prior publication to submit preliminary offers for the dynamic purchasing
the system to submit a tender in the simplified management, lower for Administration
menu in the proceedings on the basis of a framework contract, or to confirm interest on
participation in the case of a procurement procedure launched by posting regular
the prior notification,
about the foreign supplier of the foreign person) according to a special legal
prescription ^ 15) that delivers the goods, provide services or perform
the construction work,
p) a special or exclusive right granted by law or on the basis of
the Act to the competent administrative authority, which is the ability to
to carry out the relevant activities in accordance with § 4 limited in favour of one or
more people, and which substantially affects the ability of other people to perform
the relevant activities; a special or exclusive right is not
the law, which can be subject to objective and non-discriminatory
conditions stipulated by special legislation any person,
q) military weapons, ammunition and other material that is
specially designed, constructed or adapted for military purposes;
list of military material, lays down implementing legislation,
r) sensitive material, sensitive construction works and sensitive
services, materials, works and services for security purposes, for
which the provision of classified information,
with an exceptional situation in the crisis), the Czech Republic or another country that
already formed or its origin are imminent and which seriously threatens the
or limits the lives, health or property or requires the adoption of
measures to ensure basic supplies for the population; for the crisis is
consider also the armed conflicts and war,
t) the life-cycle of all the progressive phase of the product, including its
research and development, industrial development, production, repair, modernization, modification,
maintenance, logistics and training relating to the product, test, download
from the market or disposal,
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) 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,
w) 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.
section 18
General exceptions from the scope of the law
(1) the contracting authority is not obliged to enter under this Act, public procurement,
If
and publication in accordance with §), 146 or by posting of the written invitation to submit
tenders in a simplified lower control disclosure of classified
information ^ 16),
(b)) it is a contract whose object is the production of the military
material or trade with it, and this procedure is necessary to protect the
the essential security interests of the United States; While this procedure
shall not adversely affect the conditions of competition in the internal market
The European Union with products which are not intended for specifically military
purposes,
(c)) their subject-matter services in research and development ^ 19), with the exception of
in cases where the price for the execution of research and development is paid exclusively
by the contracting authority and the contracting authority is the only user of the results of research and
development,
(d) the subject of the acquisition), rental or leasing of existing
real estate, apartments and non-residential premises or the related rights,
with the exception of public contracts, involving financial services
related to such acquisition, rental or leasing, regardless,
whether these financial services to be provided before or after the conclusion of the
contracts for the acquisition, rental or leasing existing immovable property or with
related rights,
(e) the provision of their subject matter) of the supplies, services or works
to the contracting authority by the person who carries out the essential part of its
action in favour of the contracting authority and in which the public
sponsor the exclusive property rights; the contracting authority has exclusive
property rights in a person, especially if it has itself any
voting rights resulting from participation in such a person, or, if no such
the person has the right to manage the property of the contracting authority, does not have its own
assets and exclusively, the contracting authority shall exercise control over the economy
such a person ^ 24),
(f)) for the provision of arbitration and conciliation services
(g)) its subject matter is the acquisition, rental or leasing of plant, or
(h)), type them governed by specific procedural rules and
awarded to a vendor or vendors to follow up on the international
the contract concerning the stay of the armed forces of other States on the territory of the United
Republic or the posting of the armed forces of the Czech Republic on the territory of the other
States, of which the Czech Republic is bound.
(2) with the exception of public procurement in the area of defence or security is not
the contracting authority shall be obliged to award contracts under this Act also
If
and) public procurement that are awarded under the specific
security measures ^ 77),
(b) the subject of the issue), or transfer of securities or other
financial instruments ^ 20) or other operations carried out by the contracting authority for
the purpose of obtaining money or capital or financial
services associated with such operations,
(c)) its subject matter are the services provided by the Czech National Bank in
the exercise of its competence under specific legislation ^ 21),
(d)), the public contracts awarded by a contracting authority, consisting in the
the acquisition, development, production or co-production of programme content
intended for broadcast or distribution, and procurement
airtime
(e)), their main purpose is to enable the contracting authority to provide
or operation of public telecommunications networks or the provision of
public telecommunications services under a special legal
prescription ^ 22),
(f)) for public service contracts awarded by a contracting authority to another
the contracting authority or several Contracting authorities on the basis of an exclusive
right conferred by specific legislation or issued on the basis of
a special legal regulation,
(g)) of their subject-matter services expert or interpreter ^ 25) appointed
the competent authority for the purposes of judicial, administrative, arbitration or
other analogous proceedings, including preliminary proceedings of the criminal,
h) are awarded according to specific procedures or rules of the international
Organization, or
I) are awarded according to specific procedures established by the international
the contract concluded between the Czech Republic and other than the Member State of
The European Union and shall include supplies, services or works intended for the
joint implementation or exploitation of a project by the Contracting Parties; the conclusion of the
such contract shall notify the European Commission of the Czech Republic.
(3) the contracting authority is not obliged to enter under that law, public procurement
in the area of defence or security, if
and) are entered in the framework of the cooperation programmes in research and development, which
jointly carried out by Czech Republic and at least another Member State
The European Union in the development of a new product and, where appropriate, in subsequent
stages of the whole or part of the life cycle of the product; When closing the
These programmes of cooperation agreements between the Czech Republic and only
in other Member States of the European Union shall communicate to the Czech Republic to the European
the Commission's share of the cost of research and development in the overall costs of the
the program, sharing the costs and also the intended any participation on purchases
the individual Member States of the European Union,
(b)) at the time of deployment of the armed forces of the United States or armed
security forces of the Czech Republic (hereinafter referred to as "armed forces of the Czech
the Republic ") outside the European Union operational needs require that the
been awarded to suppliers located in the sphere of these operations,
(c)) are awarded by a contracting authority pursuant to § 2 (2). 2 (a). and Government)
or local authority of another State and its subject matter are
1. the supply of military or sensitive material,
2. construction work or services directly related to the supplies referred to in point 1,
3. construction work or services for exclusively military purposes, or
4. construction work or sensitive-sensitive services
(d)) its subject matter are financial services, except insurance
services,
(e)) are awarded for intelligence purposes intelligence activities
services ^ 29),
(f)) are awarded according to specific procedures established by the international
the contract concluded between the Czech Republic and other than the Member State of
The European Union, or
(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
the rules.
(4) the contracting authority is not obliged to enter under this Act the-limit
public contracts
and) supply or services directly related with visits to the constitutional
officials of other States and their authorised representatives in the Czech Republic,
(b)) on the works, supplies or services provided by the prison service
The Czech Republic, the Czech Republic,
(c) supply or services) related to the provision of humanitarian
help ^ 27),
(d)) where the intelligence agency under special legislation ^ 29),
(e)) where the representative office of the Czech Republic abroad,
(f)) is subject to the acquisition, maintenance or recovery of assets of the United
Republic abroad,
(g)) if its subject matter acquired or file things into collections
the Museum nature ^ 30),
h) if its subject matter production, purchase or repair of weapons or weapons
security systems, ammunition or other military material for
armed forces of the Czech Republic; list of military equipment provides
the implementing legislation.
(5) the contracting authority is not obliged to enter under that law, public procurement
small scale; However, the contracting authority is obliged to comply with the principles of
referred to in § 6.
§ 19
The exceptions from the scope of the law for the sector of the contracting authority
(1) the contracting authority shall proceed according to the Sector of this Act only if
excess of public procurement zadávávaných in connection with the performance of
the relevant activities.
(2) this Act does not apply to the award of public excess
procurement by the contracting authority, if a sector
and) are awarded for purposes other than the performance of the relevant activities
under section 4, or for the purpose of performance of the relevant activities in a State which
It is not a member of the European Union, if it is not about the use of a network or geographical
the area of the European Union; sector, the contracting authority is obliged to the European Commission
at its request, to inform you that, in his opinion, the activities covered by the
the exception under this subparagraph,
(b)) are awarded for purposes of resale or rental of the subject
public contracts to third parties, provided that the contracting entity sector
does not have a special or exclusive right to sell or lease the subject of
public procurement and other persons have the possibility of the subject of the contract without
restrictions to sell or lease under the same terms as the sectoral
the contracting authority; the contracting authority is obliged to sector of the European Commission at its
request to which categories of goods or activities according to its
opinion by exception under this subparagraph,
(c)) it is a contract for the purchase of water if awarded the sectoral
by the contracting authority in the execution of relevant activities in accordance with § 4 para. 1 (b).
(d)),
(d)), the contract for the supply of energy or of fuels for the production of
of energy, if awarded by the contracting authority in the execution of the sectoral
relevant activities in accordance with § 4 para. 1 (b). a), b) or (c)) or under section
4 (4). 1 (b). I) (1), or
(e)) the case of public contracts for the purchase of support services under the Special
^ 4) legislation to ensure system services and for the purchase of
electrical energy to cover losses on the transmission or distribution
the system, if you are awarded transmission or distribution
the system.
(3) this Act is in compliance with the conditions referred to in paragraph 4
does not apply to the award of public sector contracts, excess/bulky
by the contracting entity, if
and are awarded exclusively associated with) the person, or
(b)) are awarded jointly by several Contracting entities for the purpose of sectoral
the performance of the relevant activities exclusively to the person who is associated with a person
in relation to at least one of these contracting entities.
(4) the conditions for the application of paragraph 3 shall mean in the case of
a) public supply contracts, the fact that at least 80% of the average
turnover associated with the person of their supply for the previous 3
years is achieved through the provision of such supplies to persons in respect of which
It is associated with a person
(b)) public service contracts, the fact that at least 80% of the average
turnover associated with the party relating to the relevant services for the previous 3
years is achieved through the provision of such services to persons in respect of which
It is associated with a person
(c)) public works contracts, the fact that at least 80% of the
the average turnover of the affiliated persons regarding the relevant construction
work for the previous 3 years is achieved through the provision of such construction
the work of the parties in respect of which the person is associated.
(5) if it is not possible to determine the average turnover for the previous 3 years, since
associated person was later proven to be launched or the appropriate
the activity at a later time, it is sufficient if the associated person satisfies the conditions
referred to in paragraph 4 for the period since its inception, where applicable, for the period from
the initiation of relevant activities, and at the same time, there is a presumption of compliance with
These terms and conditions in the future, and in particular on the basis of the business
the plan.
(6) if the sektorovému the contracting authority Provides the same or similar supplies,
services or works more associated persons, the
the percentage referred to in paragraph 4, taking into account the total turnover
originating in the provision of relevant supplies, services, or construction
the work achieved all these affiliates.
(7) this law shall not apply either to excess procurement
awarded
and several sectoral) to the contracting authority (hereinafter referred to as "associated
sector sponsor ") in connection with the performance of the relevant activities
one of these contracting entities,
(b) sectoral joint sponsor sectoral) contracting authorities, if
the sponsor of one of the following sectoral pooled sector contracting authorities and
If the sector contracting entities grouped together for the purpose of performance of the relevant
activities for a period of at least 3 years; the relevant Charter of Association
sectoral contracting authorities must provide for the obligation of the sectoral sponsors
remain in this Association for at least three years.
(8) the contracting authority which took advantage of a sectoral or makes use of any of the provisions
paragraphs 3 to 7, the European Commission is obliged, on request, communicate to the
and company names) or first and last names of all associated
sectoral entities
(b) the subject matter and the respective price) of excess of public procurement and
c) any evidence that the relationship between sector
by the contracting authority and a person or persons to whom they were categorised as public contracts
specified, it is in accordance with the provisions of paragraphs 3 to 7.
section 20
Competition related to the performance of the relevant activities
(1) this Act does not apply to public procurement
associated with the performance of the relevant activities of the sector of the contracting authority,
If the European Commission established under the law of the European
Union ^ 31) that the relevant activity is directly exposed to
competition on the market, to which access is not restricted.
(2) where there is a reasonable assumption that some of the relevant
the activities referred to in paragraph 4 is directly exposed to competition on
market to which access is not restricted, shall submit a venue
Ministry of ^ 32) through the Ministry of local development (
' the Ministry '), or the contracting authority shall request the competent sector
decision in this case to the European Commission. When applying the European
the Commission shall proceed, venue of the Ministry or the relevant sectoral
the contracting authority in accordance with the legislation of the European Union ^ 33) and indicate in the submission
all the important facts concerning, in particular, legislation or
measures related to the assessment of whether it is the relevant activity is directly
exposed to competition in the market to which access is not restricted.
(3) the venue of the Ministry is obliged to request
sector sponsor of the executing the relevant activity
to assess whether in relationship to this activity there is a reasonable assumption
in accordance with paragraph 2.
(4) If the application is lodged, the competent authority shall send a copy sector
the request to the Ministry and the competent Ministry.
(5) the contracting authority does not supply Sector under this Act, public procurement,
If they are to be awarded in connection with the performance of the relevant
activity sector of the contracting authority, after the date of the effectiveness of the decision of the European
the Commission referred to in paragraph 1, on the basis of which the relevant activity
excluded from the scope of this Act, or the mere lapse of the time limit
provided for by the law of the European Union ^ 31) for such a decision.
PART TWO
PROCUREMENT PROCEDURE
TITLE I OF THE
THE TYPES AND CONDITIONS OF USE OF THE PROCUREMENT PROCEDURES
section 21
Types of procurement procedures
(1) this Act regulates the following types of procurement procedures
and open procedure) (section 27),
b) restricted procedures (section 28),
(c) the negotiated procedure with publication) (section 29),
(d) the negotiated procedure without publication) (section 34)
e) competitive dialogue (article 35)
f) simplified the-limit control (section 38).
(2) the contracting authority may award to use the open procedure
or restricted procedures and under the conditions laid down in section 22 and 23 of the meeting
with the publication of the proceedings, or negotiated procedure without publication; Open
the management shall not apply in the case of public procurement in the area of defence or
safety.
(3) the contracting authority may apply for the award of the contract for
the conditions set out in section 24 and the competitive dialogue in accordance with § 25
simplified below-limit control.
section 22
Terms of use of the negotiated procedure with the publication of the
(1) the contracting authority may award a public contract by negotiated procedure with a
If in the previous publication of an open procedure, the restricted procedure,
a simplified procedure or a competitive dialogue, the lower were submitted
only incomplete or unacceptable, do not substantially change the input
the conditions and the procedure starts with the publication immediately after the abolition of
a previous contract award procedure. Incomplete quotation shall be treated as menu,
failing to check the completeness of the pursuant to § 71 para. 7. Unacceptable
menus are menus
and) inappropriate, which are noncompliant the contracting authority on the menu
the subject of the performance of the contract,
(b)) that did not meet the specifications in terms of other requirements
the contracting authority than on the subject of the contract,
(c) the applicant has not demonstrated that) meet the qualifications,
(d)) that are contrary to applicable laws,
e) containing revised terms of performance contrary to the requirements
the contracting authority or an unjustified exceptionally low bid price, or
(f)) which were submitted after the deadline for the submission of tenders.
(2) notice of the rules of procedure to the contracting authority is not obliged to
to publish, if they were in the previous tender within the time limit for the submission of
tenders tenders that meet the requirements of § 69 para. 5.
such a case, the contracting authority shall proceed in accordance with § 34 paragraph 1. 1 to 3 apply mutatis mutandis.
Call for negotiations, the contracting authority is obliged to send to all applicants who
submitted tenders in the first sentence. In the call for negotiations, the contracting authority shall lay down the
also a reasonable period to adjust or complement a tender or qualifications in the
extent required; candidates submitted a modified or supplemented by the menu, or
qualifications within this time limit, which is also the deadline for the submission of tenders.
The provisions of § 29 to 32 shall not apply.
(3) the contracting authority may award a public contract by negotiated procedure with a
the publication also
a) in exceptional circumstances, if, having regard to the nature of the supplies, services
or works or the risks attaching thereto can be reasonably
assume that the offer price of candidates will each other incomparable,
(b)) in the case of public service contracts, in particular as regards
insurance, banking, investment or project or audit services,
interpretation, legal, or other similar services, if the nature of the services
does not allow sufficiently precisely determine the subject of the public contract in advance,
in order to be able to specify the procedures laid down in this law for the open
control or restricted procedures, in particular as regards the determination of the assessment
criteria already at the start of an open procedure or a restricted procedure, or
(c)) in the case of public works contracts, when it comes to building
work carried out solely for the purpose of research or development, and not for the
profit or payment of costs related to the research and
the development of.
(4) the contracting authority may award a Public Sector contract by negotiated procedure with a
by posting even without fulfilling the conditions referred to in paragraphs 1 to 3.
(5) the contracting authority may award a public contract by negotiated procedure with a
by posting even without fulfilling the conditions referred to in paragraphs 1 to 3,
in the case of a public service contract referred to in annex No. 2 or
public procurement in the defence sector or security.
Article 23 of the
Conditions for the use of the negotiated procedure without publication
(1) the contracting authority may award a public contract by negotiated procedure without
the publication, if
and) an open procedure, the restricted procedure, the simplified
lower management or negotiated procedure with publication and, in the case
public contracts in the fields of defence and security also in the previous
competitive dialogue, no offers have been submitted
(b)) in the preceding an open procedure, the restricted procedure, the simplified
lower management or negotiated procedure with publication and, in the case
public contracts in the fields of defence and security also in the previous
competitive dialogue have been lodged only inappropriate pursuant to section 22(1) of the bid. 1
(a). a), or
(c)) have been made no requests to participate in restricted procedure or the rules
with the publication of the proceedings and, in the case of public contracts in the defence sector
or safety also in the competitive dialogue.
(2) the conditions referred to in paragraph 1, the contracting authority may specify
a public contract by negotiated procedure without prior publication, provided that the
do not substantially change the specifications and launch a negotiated procedure without
publication without delay after the cancellation of a previous contract award procedure.
(3) in the case of the award of a public contract referred to in paragraph 1 shall notify the public
the contracting authority shall use this procurement procedure and the reasons for its use
The European Commission, the European Commission if it so requests.
(4) the contracting authority may award a public contract by negotiated procedure without
the publication also if
and public order) can be met, for technical or artistic reasons,
for the protection of the exclusive rights or for reasons arising from the
special legal regulation only by a particular supplier, or
(b)) a public contract it is necessary to specify in the extreme case of urgency that
the conduct of the contracting authority did not cause and could not have foreseen it, and from the
time reasons it is not possible to specify a public contract in a different kind of
the procurement procedure.
(5) in the negotiated procedure without prior publication may be a public works contract
the delivery is specified, if
and) the goods supplied are produced only for the purposes of research or development,
except where the goods are manufactured in larger quantities in order to
profit of the contracting authority or contracting entity, in order to cover the costs
related to the research or development,
(b)), the additional supplies from the same vendor, which has already been
contract, intended as a partial replacement of the original
supply or as an extension to the existing scope of delivery, subject to the
provided that a change of supplier would oblige the contracting authority to acquire goods
different technical characteristics which would result in
incompatibility or disproportionate technical difficulties would mean when
operation and maintenance; the total duration of the original contract, including the time
duration of the contract for additional deliveries under this provision may not
the case of the contracting authority, exceed the period of 3 years, unless it is
justified by the specific circumstances, and in the case of public procurement in
defence or security for 5 years, except in exceptional circumstances
designed with regard to the expected useful life of supply and technical
the difficulties which may be caused by a change of the supplier,
c) supplies are offered and purchased on the commodity exchanges,
(d)) of the supplies under particularly advantageous conditions from
the supplier, which is in liquidation, or in the case that it is against the supplier
guided by the insolvency proceedings, from the person entitled to dispose of the material
the essence, or
(e)) of the goods being bought at a price considerably lower than normal market
price and substantially lower price is offered by the supplier only after very
for a short time; the contracting authority is authorized to award a public contract in
negotiated procedure without publication in accordance with this subparagraph only in relation to
below-limit public order.
(6) the negotiated procedure without publication in the sponsor may award a public
the contract for the service also in case if it is entered in the following
the competition for the design, according to whose rules must be a public works contract
given the selected participant or to one of the selected participants of this
competition. In the case of multiple selected participants in design contests is
the contracting authority shall invite to meetings by negotiated procedure without prior publication
all selected participants. The subject of a public service contract
the follow-up to a design contest may not be a custom implementation of the proposal. It
does not apply in cases where justified by the nature of the subject of the competition for the design.
(7) the negotiated procedure without publication in the sponsor may award a public
the contract for the construction work or public service contract also
When it comes to
and additional works) or additional services that were not
contained in the original tender conditions, their need was established in
due to circumstances that the contracting authority acting with due care could not
anticipate, and these additional works or additional services are
necessary for the implementation of the original works or for the provision of
the original of the services, provided that the
1. additional works or additional services will be awarded to the same
the vendor,
2. additional works or services cannot be technically
or economically separated from the original contract, if this
the Department has caused a serious injury to the contracting authority, or as the
Department technically or economically possible, are additional works
or additional services necessary for the completion of the subject of the original
public contracts and
3. in the case of the contracting authority the total range of the additional building
work or additional services does not exceed 30% of the price of the initial public
of the contract, or
(b)) new works, and in the case of the contracting authority and the new
services of similar works or services, such as
in the original contract and corresponding to the original contract, and
It provided that the
1. the new construction or new services will be awarded to the same contractor,
2. the original contract was awarded in an open procedure, the restricted
proceedings, or in simplified proceedings, and in the case of lower
also in the sector of the contracting authority negotiated procedure with publication; in
the case of public contracts in the defence or security of the original
awarded in the restricted procedure, negotiated procedure with the publication of,
competitive dialogue or in simplified management, lower
3. in the specifications of the original tender was contained
the ability to enter a public contract for new works or new services
in the negotiated procedure without publication,
4. the estimated value of a public contract for new works or
the new service was included in the estimated value of the initial
the contract and the
5. the rules of procedure without prior publication will be launched in 3 years and in the case of
public contracts in the fields of defence and security within 5 years from the date of
conclusion of the contract on the original contract; in the case of public contracts
in the area of defence or security may be initiated without competitive procedures
the publication also later, if this is justified by the circumstances of the worthy
Special consideration.
(8) the contracting authority is entitled to An award for above-limit public
use the negotiated procedure without publication also
and when the public contract) entered only for the purposes of research or development,
but not for profit of the contracting authority or the payment of costs
the contracting authority related to the research or development, provided that the
the award of such contract does not preclude the award of subsequent public
orders to other suppliers; paragraph 5 (b). and in this case)
does not apply, or
(b)) as regards public order entered on the basis of the framework contract.
(9) in the cases referred to in paragraph 4 (b). (b)), paragraph 5 (b). (d))
or (e)), paragraph 7 (b). and paragraph 8 (a)), or. (b)), not in the rules
procedure without publication of a supply framework contract.
(10) the contracting authority may award a public contract in the area of defence or
safety in the negotiated procedure without publication also, if
and) is not possible for reasons of time caused by the crisis,
order in a type of procurement procedure,
(b)) the subject of the public contract are services in the field of research and development, on
not covered by section 18 para. 1 (b). (c)), or
(c) public procurement is) the subject of the provision of services by air
transport to the armed forces of the Czech Republic, which are or are to be
deployed abroad, if it is not possible from suppliers guarantee
long the linking of the offer, to be awarded in a different kind of
the procurement procedure.
(11) the contracting authority may award a public contract in the area of defence or
safety in the negotiated procedure without publication on when in
the previous restricted procedure, a competitive dialogue or a simplified
lower control have been administered only incomplete deals pursuant to § 22 para. 1
the second sentence, or unacceptable according to § 22 para. 1 third sentence,
do not substantially change the specifications by the contracting authority, and shall initiate the procedure
without publication immediately after the cancellation of a previous contract award procedure.
Call for negotiations, the contracting authority is obliged to send only those tenderers who
meet the qualifications and who in the previous tender within the time limit for
submission of tenders submitted tenders that meet the requirements of § 69 para.
5.
(12) in the case of public contracts in the defence or security of the
the contracting authority shall, in the notification of the outcome of the procurement procedure pursuant to § 83
paragraph. 1 duly substantiated specifying this contract by negotiated procedure without
publication.
section 24
Terms of use of the competitive dialogue
(1) the contracting authority may award is especially
a complex subject to fulfilment of the use of the competitive dialogue, if the use of
open procedure or restricted procedure is not due to the nature of the subject
performance of the contract impossible.
(2) the contract is particularly complex subject of the performance is
considered to be a public works contract, for which the contracting authority is not objectively
able to accurately define the
and technical conditions) pursuant to § 46 para. 4 and 5, or
(b)) legal or financial requirements on the performance of the contract.
§ 25
Terms of use for the simplified case management
The contracting authority may use a simplified procedure for entry-limit
and) below-limit public supply contracts or below-limit public
service contract, or
(b)) below-limit public works contracts whose estimated
value does not exceed 10 000 000 Czk without value added tax.
TITLE II
THE INITIATION AND PROGRESS OF THE PROCUREMENT PROCEDURE
section 26
The contract notice
(1) the contracting authority is launching a procurement procedure by sending a
notice of initiation) the tender for publication, or
(b)) call to initiate the procurement procedure.
(2) in the notice of initiation of the procurement procedure, for the purposes of this Act,
shall be deemed to
and) the notification of open procedure, restricted procedure, negotiated procedure with the
by posting or a competitive dialogue, contracting authority,
(b)) the notification of open procedure, restricted or negotiated procedure with control
publication of the sector by the contracting authority,
c) periodic indicative notice sector sponsor if it is
used as a way to begin restricted procedure or of the rules of procedure with
by posting,
d) simplified notifications in case of award of public contracts in the
dynamic purchasing system.
(3) for the challenge of the initiation of the procurement procedure, for the purposes of this Act,
shall be deemed to
and) written call for action in the negotiated procedure without publication,
b) written by invitation to tender in the simplified management, lower
(c)) the written invitation to tender in the proceedings on the basis of the framework contract
(section 92).
(4) the contracting authority is required to publish a notice of the initiation of the procedure for the
the proceedings in the manner specified in section 146 and 147.
(5) if the contracting authority Initiates the award below-limit public procurement
procedure for the award of public contracts, excess proceeds
According to the provisions applicable to the award of public contracts-limit.
If the contracting authority initiates the award of small public contracts (§
12 paragraph 1. 3) input procedure below-limit public contracts,
proceed according to the provisions applicable to the award of below-limit public
of the contract.
section 27 of the
Open procedure
In the notice of the open procedure, the Contracting Authority notifies an unlimited number of
suppliers of its intention to award a public contract in this procurement procedure;
the announcement of the open procedure is a call for the submission of tenders and to vendors
proof of compliance with qualification.
section 28
Restricted procedures
(1) notification of the restricted procedure, the Contracting Authority notifies an unlimited number of
suppliers of its intention to award a public contract in this procurement procedure;
Notice restricted procedure for the submission of applications for participation in the strict
management and to demonstrate the fulfilment of the qualification.
(2) the Applicants submitted a written request for participation and compliance
qualifications within a specified period. After the assessment of the qualifications of candidates
the contracting authority invites those who meet the qualifications, proved to be administered
menu. Only the contracting authority in the case of public contracts in the field
Defense or security and the contracting authority may, by notice sector shortlist
control limit the number of candidates for participation in the restricted procedure and also provide
the maximum number of candidates which invite to submit a tender; to submit an offer
invite only candidates selected in accordance with section 61, as regards public
the contracting authority, or in accordance with section 66, as regards the sector of the contracting authority.
(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.
(4) the Written invitation to tender shall contain at least
and) specifications or conditions of access or the granting of the award
documentation referred to in § 48,
(b) information on the publication of a notice) restricted procedure,
(c)) the deadline for submission of tenders; This does not apply if a sector sponsor
set a time limit pursuant to § 41 para. 4,
(d)) instead of submission of tenders,
e) information on the evaluation criteria under section 78, if not listed in the
notification of the restricted procedure or contract documents, and
f) information about the fact in which language can be tender is made.
section 29
A negotiated procedure with the publication of the
(1) in the notice of the rules of procedure to the Contracting Authority announces its
the intention to award a public contract in this procurement procedure; notification
a negotiated procedure with the publication of the call for submission of applications for participation in the
negotiated procedure with the publication of and to demonstrate the fulfilment of the qualification.
(2) the Applicants submitted a written request for participation and compliance
qualifications within a specified period. After the assessment of the qualifications of candidates
the contracting authority invites those who meet the qualifications, proved to be administered
menu bar. Only the contracting authority in the case of public contracts in the field
Defense or security and sectoral rules, the contracting authority may, by notice
control to 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 of the contracting authority.
(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.
(4) the Written invitation to tender shall contain at least
and) specifications or conditions of access or the granting of the award
documentation referred to in § 48,
(b) information on the publication of a notice) of the negotiated procedure with publication,
(c)) the deadline for submission of tenders; This does not apply if a sector sponsor
set a time limit pursuant to § 41 para. 4,
(d)) instead of submission of tenders,
e) information on the evaluation criteria under section 78, if not listed in the
notification of the rules of procedure, with the publication of the tender documents, or
(f)) the number of candidates with whom the contracting authority initiates discussions about offers,
If the contracting authority to limit the number of candidates with whom negotiations
begins; in such a case, the contracting authority shall state in the invitation, if
negotiations with the bids of less than the number of applicants, if
will not be given a sufficient number of tenders or after assessment of the submitted
tenders should be rated less than the specified number of tenders,
(g)) the method and the principle of negotiations with candidates about menus,
h) how to select candidates for the next phase of the negotiations, if the decision is
the contracting authority shall gradually reduce the number of candidates whose bids will be in
the individual stages of the Act, and
I) information about the language in which they can be tender is made.
section 30
Negotiations on the menus in the negotiated procedure with the publication of
(1) after opening the envelopes with bids, after the assessment and evaluation of tenders
under Title VII to this part of the Act shall notify the contracting authority in writing to all
tenderers whose tenders have been evaluated, and who have not been excluded from the
participation in the negotiated procedure with the publication of a provisional evaluation result
menu bar. At the same time with the announcement of the preliminary result of the evaluation of the tenders
the contracting authority shall invite the applicant, in writing, to attend a hearing about offers and
stating the time, place and language of the negotiations.
(2) if the contracting authority in the invitation to submit tenders stated that limiting the number of
candidates with which to open negotiations on offers, invites to the negotiations on the
menus only as follows a limited number of applicants. At the first meeting of the
You cannot use the menus, the restrictions referred to in section 29 para. 4 (b). (f)), and (h))
at the same time.
(3) the contracting authority is obliged to in the notice of the negotiated procedure with the publication of
indicate whether the hearing about offers to take place in several stages in order to
the progressive restriction of the number of candidates with whom they will be on their menus
of the branch. The contracting authority is authorized to take place in several stages and negotiations
If the number of candidates at each stage will not be hindered.
(4) the contracting authority is authorized to negotiate with candidates for all conditions of performance
contained in the tenders, in particular about the conditions, which are subject to
reviews. The contracting authority shall not be entitled to during the negotiations on the menus to change
the tender conditions.
(5) the contracting authority may conduct the evaluation to the Commission to entrust the bids,
some of its members or any other person. For these people, § 74
paragraph. 7 and section 75 para. 6 the first sentence accordingly.
(6) the contracting authority shall not be entitled to during the negotiations on the menus to communicate
applicants the information relating to the offer of another applicant without the prior
consent of such applicant, except the current above the offer price.
(7) the contracting authority may negotiate offers with all the candidates at the same time, or
separately.
(8) the sponsor shall ensure that all discussions about compliance with the principles
referred to in section 6 (1). 1.
section 31
Negotiations on the menus at each stage of the proceedings, with
by posting
(1) at each meeting about menus must be in writing to the applicant invited
He did not take the date and place of next meeting note in the previous
the negotiations. The contracting authority shall be determined in the invitation the day, hour and place of the hearing.
(2) of each meeting shall be the sponsor Protocol bids with
the listing of all arrangements that may result in a change to the menu or
the draft of the Treaty (hereinafter referred to as "the Protocol of proceedings"). Protocol of the meeting
shall be signed by the contracting authority and the tenderer or tenderers with the negotiations on the
participated in the bids.
(3) the signature of each log of the meeting is for candidates to become data
and the arrangements referred to in the Protocol of proceedings binding. Later arrangements
referred to in a signed Protocol of the meeting replaces the previous arrangement.
(4) the Applicant is entitled to access to the Protocol of the meeting, which was
involved, and make account statements or copies of it.
(5) after the completion of each phase of the negotiations, the contracting authority shall fix the bids
the basis of the results of the ranking of the candidates. The order of candidates provides
the contracting authority shall, on the basis of the assessment criteria in accordance with § 29 para. 3 (b). (e)),
and always using all of the assessment criteria. The contracting authority is obliged to
determining the order of candidates draw up Protocol, confirming the results of the
reviews of the negotiations on the menus, the order of the candidates and information on how to
which candidates will be treated in the next phase (hereinafter referred to as "the Protocol on the
the final outcome of the evaluation ").
(6) the Protocol on the final outcome of the evaluation is obligated to send
all tenderers with whom it was negotiating about menus in that stage
made no later than 5 working days after the completion of each phase
the negotiations.
(7) the contracting authority may, prior to initiating any phase of negotiations about menus
notify the candidates that this is the last stage of the negotiations on the menus; on this
fact, the contracting authority may, at any time in writing all tenderers
agree.
(8) the provisions of paragraphs 2 to 5 shall apply mutatis mutandis to the case where the
only one carried out negotiations with the tenderers.
§ 32
The adjustment of the draft Treaty in the negotiated procedure with the publication of the
(1) the tenderer, which, according to the results of the negotiations on bids placed first in
the order shall be forwarded to the contracting authority within 7 days after receipt of the final Protocol
the result of the evaluation of the modified draft contract, if agrees
by the contracting authority to another time limit. The contracting authority is obliged to the candidates
together with the Protocol on the final outcome of the evaluation send copies
all of the logs from the negotiations on its menu.
(2) Modified the draft Treaty referred to in paragraph 1 shall correspond to the results of the
negotiations on this menu, and applicants must include in addition to the data which
they have already been included in the original menu, and were without prejudice to the outcome of the negotiations,
any agreement resulting from the negotiations of the Protocol relating to that
for the applicant. The revised design Treaty replaces the original contract proposal
contained in the menu.
(3) the contracting authority may require that the modified draft contract were in
justified cases, submitted additional documents.
(4) the contracting authority rejects the revised contract proposal, if it doesn't match
the results of the negotiations on the offer and does not contain the arrangements referred to in the logs
of the Act or contains data other than were included in the original menu
applicants that have not been affected by the negotiations on its menu. In such a
If the contracting entity shall fix a reasonable time limit to edit or addition to the proposal
of the Treaty.
(5) if the applicant does not submit a modified proposal of the contract within the time limit referred to in
paragraph 1, or if it does not adjust or does the modified proposal of the Treaty according to the
paragraph 4, the contracting authority may invite to submit a modified proposal
of the Treaty the applicant placed according to the results of the negotiations about gradually
on the second, or third place. Paragraphs 1 to 4 shall apply in
relation to these candidates by analogy.
(6) the provisions of paragraphs 1 to 5 shall not apply if, on the basis of the negotiations on the
the menus have not changed conditions in the draft Treaty.
§ 33
Specific provisions regarding the conduct of the contracting authority before the submission of the sector
menu bar
(1) in the case of public procurement, especially the complex subject of performance (section
24 paragraph 2. 2) can a sectoral assessment of the qualifications of the contracting authority, after the candidates and
necessary to reduce their number in writing to ask candidates to participate in the
the negotiations in order to find and define one or more appropriate solutions
eligible to meet its needs and requirements.
(2) the contracting authority is entitled to specify the Sector needs, requirements
and the other fact, whether or not in the specific documentation.
(3) a written challenge pursuant to paragraph 1 shall include at least the Special
the documentation referred to in paragraph 2 or the conditions of access or the provision of
Special documentation or specifications or conditions of access
or the provision of the tender dossier; in this case, section 29 para. 3
(a). and) shall not apply.
(4) the provisions of § 36 odst. 2 to 6 shall apply to the meetings of the sector
the contracting authority candidates pre-qualified under paragraph 1 shall apply mutatis mutandis.
(5) the contracting authority shall invite all Sector leads that called for participation in the
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 mutatis mutandis.
§ 34
Negotiated procedure without publication of a
(1) at the written invitation to the meetings in the negotiated procedure without publication Announces
the contracting authority candidates or a limited number of applicants of its intention to enter the
the contract in this procurement procedure.
(2) a written call for action in a negotiated procedure without prior publication must
contain at least
and information about the subject) of the contract,
(b)) the identification of the contracting authority,
(c)), the contract documents or the contract documents or the provision of access conditions
documentation referred to in § 48; This does not apply in respect of the cases referred to in paragraph 23 of the
paragraph. 4 (b). (b)), para. 5 (b). c) to (e)), para. 8 (a). (b)) or para.
10 (a). a) and (c)),
(d)) if the negotiations are conducted in writing, then i place, day and hour of the venue
the first meeting including the language in which they will be treated,
(e)) the method and conduct the negotiations will be conducted with more leads,
(f) the last possible date of negotiations), especially with regard to the
the time limit for the submission of tenders,
g) closing date and place for the submission of tenders, if these data are not to be
agreed to in the framework of the negotiations,
(h) establish requirements) meet the qualifications, if it can be the sponsor
proving compliance with the qualifications required, and
I) information on the evaluation criteria under section 78, if not listed in the
the tender documents and the contract is not awarded to a single
leads.
(3) if the negotiated procedure without publication of the branch, with more leads,
the contracting authority shall not disclose information relating to the conditions of the leads and proposals
referred by another candidate without its prior consent.
(4) in the context of the negotiations the contracting authority is authorized to negotiate with pre-qualified leads
other contract performance conditions, than that mentioned in the call
to act or in the contract documents. Any change to the conditions of implementation
public contracts must, however, continue to meet the requirements for using the
negotiated procedure without publication (§ 23).
(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 the price.
§ 35
Competitive dialogue
(1) in the notice of a competitive dialogue, the Contracting Authority announces
unlimited number of suppliers of its intention to award a public contract in this
tender; the announcement of the competitive dialogue is a challenge to the Administration
requests to participate in the competitive dialogue and to demonstrate the fulfilment of the qualification.
(2) in addition to the notifications referred to in paragraph 1, the contracting authority is entitled to
specify their needs, requirements and other facts also in
the descriptive document.
(3) the Applicants submitted a written request for participation and compliance
qualifications within a specified period. After the assessment of the qualifications of candidates, it prompts
the contracting authority candidates who meet the qualifications, proved to
participation in the competitive dialogue.
(4) a written invitation to participate in a competitive dialogue contains at least
a) descriptive document or the conditions of access or the provision of
descriptive document; Article 48 shall apply mutatis mutandis,
(b) information on the publication of a notice) the competitive dialogue,
c) information about the evaluation criteria under section 78, if not listed in the
the announcement of a competitive dialogue, or descriptive document, and
d) information on the place and time of the first hearing in the competitive dialogue, and in
which language will be treated.
(5) the contracting authority may provide the participants a competitive dialogue
competitive prices for it, that the solution they presented were selected by the public
by the contracting authority as eligible to meet its needs and requirements. Public
the contracting authority may also provide to participants a competitive dialogue, other
payments associated with their participation in the competitive dialogue. Conditions for granting
contest prizes or other payments, the contracting authority shall state in the notice
competitive dialogue or the descriptive document.
section 36
The progress of the competitive dialogue
(1) the contracting authority is leading negotiations with the pre-qualified bidders in order to find
suitable solutions capable of meeting its needs and requirements.
(2) in the course of a competitive dialogue, the contracting authority may discuss with the
pre-qualified leads all aspects of the contract.
(3) in the course of a competitive dialogue, the contracting authority is obliged to ensure
compliance with the principles in accordance with § 6 para. 1. The contracting authority shall ensure
also, the confidentiality of the solutions proposed or other confidential information
communicated to the candidate in the competitive dialogue. Make the proposed solution
or confidential information, the contracting authority is authorized only if this
He received the prior written consent of the lead that he proposed such a solution
or such information relates.
(4) any negotiations in the competitive dialogue, the contracting authority is obliged to
to draw up the Protocol, from which you will see the subject and outcome of the negotiations.
(5) the contracting authority is not obliged to treat all pre-qualified leads
at the same time, however, it is required to maintain a similar subject matter and scope of the negotiations
of all candidates.
(6) the contracting authority persists in acting in a competitive dialogue, until the
before deciding whether the presented solutions are appropriate.
§ 37
Call for the submission of tenders in the competitive dialogue
(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.
(3) If the contracting authority has selected multiple solutions, said
variants of menus.
(4) the invitation to tender shall contain at least
and) the deadline for the submission of tenders,
(b) the place for the submission of tenders),
c) information indicating in which language may be given, and
d) specifications or conditions of access or the granting of the award
documentation referred to in section 48.
§ 38
Simplified management-limit
(1) in a simplified lower control calls on the contracting authority
the challenge in writing at least 5 candidates to tender and to demonstrate the
meet the qualifications.
(2) the written request referred to in paragraph 1, the contracting authority shall publish the
profile of the contracting authority for the duration of time limits for the submission of tenders.
(3) the contracting authority may not call repeatedly the same circuit leads,
If this is not justified by the subject of the contract performance or other
specific circumstances.
(4) a written invitation referred to in paragraph 1 shall contain at least
and) the identification of the contracting authority,
(b) information on the nature and) subject of the contract
(c)), the contract documents or the contract documents or the provision of access conditions
documentation referred to in § 48,
(d)) the deadline and place for the submission of tenders,
(e) proof of compliance with) the requirements for qualification under section 62, if they are not
in the contract documents,
f) information about the evaluation criteria under section 78, if not listed in the
the tender documents.
(5) the contracting authority is obliged to accept and evaluate vendor menu, which
was not invited in a manner referred to in paragraph 1.
TITLE III
TIME LIMITS
§ 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.
section 40
Changes to the time-limits applicable in the tender for the contracting authority
(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.
(2) if they are not for any reason, the contract documents or
additional information relating to the specifications sent within the time limit under section 48
and 49, or if the menu can be submitted only after inspection of the place of
performance, extends the public reasonably deadline for submission of tenders;
the contracting authority shall notify all suppliers under section 49
paragraph. 3.
(3) if the contracting authority edit specifications shall be obliged to
at the same time reasonably extend the time limit for the submission of applications to participate in the
procurement procedure or the 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.
§ 41
The deadline to tender valid for the sector of the contracting authority
(1) periods shall be laid down by the contracting authority, is a sector with regard to the
the subject matter of the contract.
(2) 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, including the required documents to demonstrate that the
qualifications shall not be in excess of public procurement
a) shorter than 37 days, or
(b)) of less than 22 days if urgent objective reasons cannot be
set the time limit referred to in subparagraph (a)).
(3) the time limit for the submission of tenders for public procurement should not be categorised in
an open procedure of less than 52 days.
(4) the time limit for the submission of tenders in the restricted procedure, and the negotiated procedure with
the publication can be determined on the basis of the sectoral agreement of the contracting authority
all candidates who were invited to submit a tender. The time limit of
a must for all candidates invited to match.
(5) the contracting authority shall fix a time limit for sector-based submission of tenders in restricted procedure
and the negotiated procedure with publication, if he decided to not take advantage of the possibilities
set the time limit under paragraph 4 or to question the candidates. The time limit in the
this case must not be less than 24 days and in justified cases
less than 10 days.
(6) the deadline for the submission of tenders in the negotiated procedure without publication provides
sector sponsor in the invitation to the meeting.
(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.
§ 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
by analogy.
§ 43
The tender period
(1) the tender period is the period during which their tenders, tenderers are
bound. The tender period provides for the contracting authority, in particular with regard to the type of
the procurement procedure and the subject matter of the contract.
(2) the contracting authority is obliged to in the notice or shall award the
specify the length of the input control period or end date.
(3) the tender period starts at the moment of expiry of the period for the submission of
menus, and ending on the date of receipt of notice of the contracting authority about choosing the best
menu. The tender period shall be extended to applicants, with whom the contracting authority may
in accordance with this Act, enter into a contract up to the time of conclusion of the contract
According to § 82 para. 4 or to the cancellation of the tender.
(4) if the objection, the tender period is not running. The end of the tender period
determined in accordance with paragraph 2, the date is set the time when the tender deadline
is not running. Run the tender period continues on the day the decision
the sponsor of the objections to the vendor. The tender period also is not running after
the duration in which the contracting authority may enter into a contract pursuant to this Act.
(5) If an application for the review of the Act of the contracting authority to the Office for the protection of
of competition (hereinafter referred to as "the authority"), the tender period is not running. The end of the
the award period determined in accordance with paragraph 2, the date moves about when
the tender period of not running. Run the tender period continues on the day following
After the decision of the authority such a proposal. This is true
mutatis mutandis to the case where the administrative procedure for examination of the acts
the contracting authority initiated by the Office of its own motion; in this case, is not running
the period from the date of the initiation of the administrative procedure. The tender period also is not running
After a period in which the contracting authority is under the decision of the Office to take corrective
the measures referred to in § 118 paragraph. 1; about this fact, the sponsor is required to
inform the applicant concerned and the lead.
TITLE IV
THE SPECIFICATIONS AND TECHNICAL CONDITIONS
§ 44
Tender documents
(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.
(2) the tender dossier may contain detailed data specification
referred to in the notice or the invitation to tender.
(3) the tender documentation must contain at least
and terms and conditions, including) the payment terms (if applicable)
the objective conditions under which it is possible to exceed the amount of the offer price,
(b)) the technical conditions (§ 45) or special technical conditions (section 46a)
If this is justified by the subject of the contract,
(c)) the requirements for measures for the protection of classified information (§ 46b), if
justified by the subject of the contract,
(d) security of supply requirements) (section 46 c), where this is justified by the
the subject of the contract,
e) requirements for variants of the tenders in accordance with § 70, if the sponsor is
He admitted
(f) the method of handling the request) of the offer price,
g) conditions and requirements on processing menu
(h) evaluation of the tenders in accordance with) the way of the assessment criteria,
I) requirement for the submission of tenders in electronic form only
by means of electronic tools, if so provided,
and
(j) other requirements the contracting authority on) performance of the contract.
(4) tender documents for public works contracts shall, in addition
the formalities 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.
(5) in the case of public works contracts, according to § 9 para. 1
(a). (b)), or (c)), which includes a project activity may be
the documents referred to in paragraph 4 are replaced with technical conditions expressed
in terms of performance or functional requirements pursuant to § 46 para. 4 or 5.
(6) the contracting authority may, in the specifications require that the applicant, in its
the menu specified by part of the contracts which they intend to award
one or more subcontractors, and to state the identification data of each
a subcontractor. The contracting authority may reserve in the tender dossier
the requirement that certain substantive part of the performance of the subject as defined by the public
the contract cannot be fulfilled by a subcontractor; in such a case, the contracting authority is
obliged to in the notice or the invitation to tender to indicate that it has in
intention of this request's reserve. However, the contracting authority may not completely eliminate the
to fulfil the contract through a subcontractor.
(7) the contracting authority may, in the case of public contracts in the defence sector or
the security referred to in paragraph 6, by analogy, or require the
the tender documents, that offer includes a commitment to the applicant that the
during the performance of the contract shall notify the contracting authority of any changes in
persons of subcontractors. The contracting authority may also, in the tender documentation
When requesting an excess defense procurement or
in order that the selected candidate
and) for all or some parts of the contract, which he intends to
specify one or more subcontractors, proceeded in accordance with the
the provisions of part four of title II, or
(b)) has entered the public procurement section specified in his tender, at least
the financial volume of the specified by the contracting authority to one or more
subcontractors, and that in the selection of a subcontractor he proceeded in accordance with the
the provisions of part four of title II; the contracting authority lays down the financial value
in the form of a range of values with a minimum and maximum percentage,
While the maximum percentage value must be reasonable having regard to the
contract and shall not exceed 30% of the estimated value of the public
of the contract.
(8) the sponsor in the case of public contracts in the defence sector or
safety requirements shall be in accordance with paragraphs 6 and 7, also in the announcement or
the challenge of the initiation of the procurement procedure.
(9) in the case of public contracts for services or works may
the contracting authority shall indicate in the contract documents the administrative authority or other body,
where can contractors obtain information on the obligations of
arising from special legislation concerning the protection of
of employees and working conditions, environmental protection or
taxes in force in the place where the services are to be provided, or
executed construction works, which are applicable to such services or
construction work; the supplier shall, when preparing a menu
taken into account and shall indicate this in the menu.
(10) the contracting authority may state in the specifications whether or not the requirements of the
concerning the specific conditions on the performance of the contract, and in particular
in the social field, in the area of employment or in the field of
environment.
(11) unless justified by the subject of the public contract or if he does not
sector sponsor on the goods or a service that is part of the public
the contract, the framework contract concluded pursuant to this Act, shall not tender
conditions, in particular the technical conditions contain requirements or references
the business of the company, names, or first and last names, specific labelling
goods and services that apply to a particular person, where applicable, its
organizational folder for significant patents for inventions, utility models,
industrial designs, trademarks or designations of origin, if it
led to the favouring or eliminating certain suppliers or certain
products. Such a link can be exceptionally, if there is no description of the subject
public procurement carried out the procedure under section 45 and 46 and sufficiently precise
understandable. In the case of works can be accompanied by such reference to admit
only if it does not lead to unjustified restrictions of competition.
In such cases the contracting authority always expressly allow for the fulfilment of the public
the use of other contracts, qualitatively and technically similar solutions.
§ 45
Technical conditions
(1) the technical conditions, in the case of public supply contracts
or services means the definition of the characteristics and requirements of the supply or
services set out objectively and unambiguously way expressing purpose
use of the performances intended by the contracting authority.
(2) the technical conditions, in the case of public works contracts
work means the totality of the technical descriptions, which define the required
technical characteristics and requirements for construction work, and at the same time
supplies and services related to these construction works whose
through the course of the public works contracts described
clearly and objectively in a manner expressing the purpose intended
by the contracting authority.
(3) the technical conditions must not be set so that a certain vendors
guarantee a competitive advantage or creating undue barriers
competition. If justified by the subject-matter of the contract, shall take into account
the contracting authority in determining the technical conditions of accessibility requirements
people with disabilities or the availability for all users.
(4) the Contracting Authority formulates technical conditions of one of the methods referred to
in § 46 para. 1, 2, 4 and 5.
(5) the contracting authority shall, on the request of the sector-based vendor of technical
usually referred to in the terms and conditions specified by the public supply contracts,
services or works or the technical conditions which intends to
apply to public contracts referred to in the periodic indicative notice.
If the technical conditions result from the documents to these
suppliers available, the contracting authority may refer to the following sector
documents.
§ 46
Determining the technical conditions
(1) the technical conditions with the use of the contracting authority will formulate a link to this
the documents referred to in that order
and Czech technical standards) ^ 35) transposing European standards or other
national technical standards used to transpose European standards,
(b)) the European technical approvals ^ 36),
(c)) the General technical specifications laid down in accordance with a procedure recognised by the
the Member States of the European Union and published in the official journal of the European
of the Union,
(d)), international standards, or
e) other types of technical documents, issued by the European standard
standardisation bodies.
(2) if it is not possible to formulate the technical conditions referred to in paragraph 1,
formulates the sponsor is using the link on the
and Czech technical standards) ^ 35),
(b) building technical attestation) ^ 37), or
(c)) the national technical specifications relating to the design, assessment and
building and construction works and the use of the products.
(3) for each reference in accordance with paragraph 1 or 2, the contracting authority shall accept the use
and other, qualitatively and technically similar solutions.
(4) the contracting authority may lay down specifications functional requirements
performance or functional requirements, which may include also the characteristics of the
point of impact on the environment. These requirements and the characteristics of the
must be sufficiently precise to allow tenderers to conclusively determine
subject of the contract and process comparable deals.
(5) the technical conditions of the contracting authority may also provide for in terms of
performance or functional requirements referred to in paragraph 4, with the use of references to documents
referred to in paragraph 1 or 2, serving as a resource for the assumption
compliance with the requirements of performance or functionality, or for certain characteristics
with the use of a reference to the documents referred to in paragraph 1 or 2, and a link to the
performance and functionality requirements referred to in paragraph 4 for the other characteristics.
(6) if the contracting authority lays down the technical conditions with the use of a reference to
the documents referred to in paragraph 1 or 2 may not reject a tender on the grounds that
offered supplies or services are not in accordance with the laid down
conditions, if the supplier proves that the supplies or services offered
satisfy in an equivalent manner the requirements defined by such technical
terms and conditions. This fact proves the supplier in its tender, and it
in particular, the technical documentation of the manufacturer or a test report
issued by a recognized authority.
(7) if the contracting authority lays down the technical conditions in the form of requirements for the
performance or functional requirements mentioned in paragraph 4, may refuse the offered
goods, services or works that are in accordance with the documents
referred to in paragraph 1, provided that these documents contain the specified
requirements of the contracting authority on performance or function. This fact is the supplier
he proves in his tender, in particular the technical documentation of the manufacturer
goods or a test report issued by a recognized authority.
(8) if the contracting authority establishes the characteristics in terms of the impact on
the environment in the form of requirements for performance or by
paragraph 4, it may use the detailed specifications, or parts thereof, as
are defined by European, national, multinational or other systems
for the eco-labelling ^ 38), provided that these specifications are
suitable for defining the characteristics of the products or services that are
the subject of the contract.
(9) the contracting authority may indicate that the products and services bearing the eco-label
referred to in paragraph 8, it is considered that meet the technical conditions laid down in
the tender documents. However, the contracting authority must accept any other appropriate
evidence, in particular in the technical dossier of the manufacturer or a test report
issued by a recognized authority.
(10) the Recognized authorities of the means test and calibration laboratories or
certification and inspection services complying with applicable European standards.
Also, the contracting authority is obliged to accept test reports issued by the recognised
authorities of other Member States of the European Union.
section 46a
Specific technical conditions
In the case of public supply contracts, the object of which are the vehicle
category N1, N2, N3, M1, M2 and M3 ^ 38a), the client must provide
specific technical conditions, that take account of energy and environmental
operational impacts. These impacts are understood to mean the energy consumption, CO2 emissions, and
the emissions of NOx, NMHC and particulate matter ^ 78). The method of determining the specific technical
conditions laid down detailed legislation.
§ 46b
Security of classified information
If the subject of the public contract in the field of defence and security
contains classified information, or within its service to
the provision of classified information, the contracting authority shall fix by
the species concerned ensure the protection of classified information ^ 16) measures
that are required to protect this information. Provided for measures to
ensure the protection of classified information shall also comply with the
subcontractors, if it is necessary to protect that information.
section 46 c
Security of supply
(1) the contracting authority may, in the tender documentation in the field of public contracts
Defense or security with regard to the nature and subject of the contract
to set their requirements for security of supply. For that purpose, may
in the contract documents, the contracting authority may require the contractor to the menu
submit
and documents or statements) coming from the authorities of the United States or
the competent State, demonstrating that the candidate will be able to in relation to
public contract to fulfil its obligations in the area of imports, exports,
transfer and transit of products which are the subject of public procurement ^ 79),
(b) any limitations) the communication of the contracting authority resulting from the
control of imports, exports, or security measures.
(2) the contracting authority may, in the tender documentation in the field of public contracts
Defense or security with regard to the nature and subject of the contract
require, in particular, the commitment of the applicant that the
and the applicant's organisation and location) of the subcontractors will allow tenderers to comply with the
requirements of the contracting authority in the area of security of supply specified in the
the tender documents and the obligation to ensure that any changes in the
subcontractors that occur during the execution of the contract, not
negative effect on the fulfilment of these requirements,
(b) shall ensure the maintenance, modernisation) or edit the supplies that are
the subject of the contract,
(c)) will be the contracting authority to inform of any changes in your organization
their suppliers or manufacturing strategy, which may affect the obligations of the
applicants to the contracting authority,
(d)), in case you will not be able to make the delivery in question shall provide the
sponsor all specific means which are necessary for the production of
spare parts, components, components or special test
equipment, including technical drawings, licences and instructions for use.
Section 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 contracting authority itself performs technical supervision.
§ 47
Classification of the subject of the contract
The contracting authority is obliged to establish the subject of the contract in the notice
or to initiate an award procedure to use the classification of goods, services
and works by reference to the classification valid for public
the contract on the basis of the regulation directly applicable European Union ^ 39).
§ 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 management or from the date of dispatch of invitations to tender in the strict
control or a negotiated procedure with the publication of, at least until the end of the period
for the submission of tenders; This does not apply if the publication of the disclosure occurred
or compromise of 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.
§ 49
Additional information for the entry conditions, inspection of the place of performance
(1) the supplier shall be entitled to request in writing to the contracting authority after the additional
information to the entry conditions. A written request to the contracting authority must be
delivered not later than 6 working days before the deadline for the submission of
the tenders; in the case of a procurement procedure, in which the time limits laid down by
§ 39 para. 3 (b). (b) in point 2, at least) 5 working days prior to the
the deadline for submission of tenders.
(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.
(3) additional information, including the exact text of the request referred to in paragraph
1, the contracting authority will send at the same time to all vendors who have applied for
the granting of the contract documents or the contract documents which have been
granted. In the case of the additional information on the requirements for qualifications
in a restricted procedure, negotiated procedure with the publication and in the competitive dialogue has
the sponsor of this obligation only to suppliers who have applied for
provision of qualification documentation, or who have been qualifying
documentation is provided. The contracting authority publishes additional information always
including the exact wording of the request in the same manner as published
the text part of the tender documents or qualifying documentation.
(4) the contracting authority may provide additional information for vendors
the entry conditions and without prior request. Paragraphs 2 and 3 shall apply
by analogy.
(5) if it is to perform the contract or processing the offer a necessary,
the contracting authority will allow the inspection of the place of performance in the time specified in procurement
the conditions of all suppliers who are interested in the offer is in the
the open procedure, the simplified management, lower or all
candidates who were invited to tender in restricted procedure, in
negotiated procedure with the publication of or to participate in the competitive dialogue.
Tour the place of performance must allow the contracting authority no later than 12 days prior to the
the deadline for submission of tenders; in the case of a procurement procedure, in which
are deadlines established pursuant to § 41 para. 5, not later than 7 days prior to the
the deadline for the submission of tenders, and in the case of procurement procedures, in
where are the limits pursuant to § 39 para. 3 (b). (b)) (2),
not later than 5 days before the deadline for the submission of tenders. U
the simplified case proceedings shall notify the contracting authority with the necessary information
by allowing tours of the place of performance on the profile of the contracting authority.
TITLE V OF THE
QUALIFICATION
Part 1
The contracting authority's requirements on the qualifications of the
§ 50
Range qualification
(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 under section 56.
(2) the requirements for proving compliance with the qualification provides the public
the contracting entity in the notice or the invitation to tender. Detailed
the specifications of these requirements may be included in the qualifying or
the tender documents.
(3) the contracting authority is obliged to restrict the scope of the required qualifications
only on the information and documentation directly related to the subject
public procurement contracts.
(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 and conditions.
(5) the Qualifications of the supplier cannot be the subject of the assessment criteria.
§ 51
Proof of compliance with qualification
(1) the contracting authority is obliged to require proof of the fulfilment of the
the qualifications of the supplier, unless otherwise provided by this Act.
(2) proof of compliance with qualification according to the requirements of the contracting authority
established in accordance with this law is a prerequisite for assessment and
evaluation of the candidates in an open procedure, a preliminary assessment
offers those interested in the dynamic purchasing system, prompting candidates to submit
menu in the restricted procedure and in the negotiated procedure with the publication of, the participation of
those interested in the competitive dialogue, and a prerequisite for conclusion of the contract in
a simplified lower control.
(3) the negotiated procedure without publication shall meet the qualifications
does not demonstrate, in the cases referred to in § 23 para. 4 (b). (b)), section 23
paragraph. 5 (b). c) to (e)), in paragraph 2 of article 23. 6 or § 23 para. 10 (a). a) and
c). in other cases, the negotiated procedure without publication is public
the contracting authority shall demonstrate compliance with the qualification vyzvaného lead shall be entitled to
request; in this case, the proof of compliance with qualification
a prerequisite for conclusion of the contract.
(4) If the supplier is not able to demonstrate compliance with certain parts of the
the qualifications required by the contracting authority pursuant to § 50 para. 1 (b). (b))
and (d)) in its entirety, is entitled to meet the qualifications the lack
range to demonstrate through a subcontractor. The supplier is in this
the case is obliged to submit to the contracting authority
and) documents proving the satisfaction of the essential qualification, provided
According to § 53 para. 1 (b). (j)) and professional qualification, provided
pursuant to section 54 (b). and) the subcontractor and
(b) the contract concluded with the subcontractor), resulting in a commitment to
subcontractors to provide the performance specified for performance of the contract
the supplier or to the provision of goods or rights with which the vendor will
entitled to dispose of the under performance of the contract, at least in
the extent to which the subcontractor has shown meet the qualifications under section 50
paragraph. 1 (b). (b)), and (d)).
The supplier is not entitled to through a subcontractor to demonstrate compliance with
qualification pursuant to section 54 (b). and).
(5) in order to be the subject of the public contract fulfilled several suppliers
together, and for this purpose it serves or intend to submit a joint bid,
each vendor is required to show compliance with the essential
qualifications pursuant to § 50 para. 1 (b). and) and professional
qualifying provided pursuant to section 54 (b). a) in its entirety. Meet
qualification pursuant to § 50 para. 1 (b). b) and d) must demonstrate all
vendors together. In the case of proof of compliance with qualification in
the lack of range through a subcontractor, paragraph 4 applies
by analogy.
(6) in the event that the subject of the contract is to be fulfilled in accordance with paragraph 5
jointly by several suppliers, the contracting authority are required to
present at the same time with documents proving the fulfilment of the
assumption agreement in which is contained the commitment that all of these
suppliers will be against the contracting authority and third parties from the
any legal relations arising in connection with a public contract
are committed to jointly and severally, for the whole period of implementation of the public
for the duration of the contract and the other obligations arising from the public
of the contract. Request for commitment under the first sentence, that suppliers were
are committed to jointly and severally, shall apply, unless a special law
or the contracting authority specifies otherwise. If the restricted procedure, the rules
control with the publication or competitive dialogue suppliers combine for the purposes
the submission of a joint bid to demonstrate meet the qualifications, shall submit to the
contract under this paragraph no later than with the administration of the common menu.
(7) unless otherwise from a special legal regulation, shows
foreign supplier meet the qualifications according to the rule of law
applicable in the country of its registered office, place of business or residence in
the extent required by law and by the contracting authority. If
According to the legal regulations applicable in the country of the registered office, place of business or
of residence of the foreign vendor specific document is not issued, the foreign
the supplier shall be obliged to demonstrate compliance with such qualifications the Honorable
statement. If it is not the obligation whose fulfilment is to be within the
the qualifications established in the country of residence, the place of business or residence
a foreign vendor determined, make of this Honorable
statement. Documents proving the fulfilment of the qualification presented
foreign supplier in the original language with the connection of their officially
certified translation into the Czech language, if the contracting authority in procurement
conditions or the international treaty, which the Czech Republic is bound,
provide otherwise; This is true even in the case if meet the qualifications
documents in another language than Czech based supplier, its place of business
or place of permanent residence on the territory of the Czech Republic. The obligation to
attach to the documents of the certified translation into the Czech language
does not apply to documents in the Slovak language.
(8) meet the qualifications may be demonstrated using
electronic means pursuant to section 149, if this is due to the nature of the
the relevant qualification requirements possible.
§ 52
Proof of time meet the qualifications
(1) in an open in lower management and simplified management is
the supplier shall be obliged to demonstrate compliance with the time limit for the submission of qualification
menu bar. In the case of open procedure with the introduction of dynamic purchasing
the system of the supplier is obliged to demonstrate compliance with the qualification of the latest
filing of preliminary offers.
(2) in the restricted procedure, the negotiated procedure with publication and the competitive dialogue
the supplier is obliged to demonstrate compliance with the time limit for the submission of qualification
requests for participation.
(3) the negotiated procedure without prior publication of the supplier is required to prove
meet the qualifications within the time limit laid down by the contracting authority in the call for
the negotiations, but not later than the conclusion of the contract.
(4) in the case of the professional qualification, provided pursuant to section 54 (b). (e))
the contracting authority may provide in the notice or the invitation to initiate
the tender deadline for its proof by way of derogation from paragraphs 1 and 2
for vendors who do not have yet the referenced document; to
demonstrate this qualification, provided, however, must occur no later than
the conclusion of the contract.
§ 53
Core competencies
(1) the supplier meets the core competencies,
and) who has not been convicted of an offence committed for the benefit
organized criminal groups, the offence of participation in an organized
the criminal group, the legalization of the proceeds of crime, handling stolen goods,
acceptance of a bribe, bribe, indirect bribery, fraud, credit
fraud, including when it comes to preparing or attempt or participation
on such a criminal act, or the deletion of the conviction for committing a
such a crime; in the case of a legal person, the
meet the prerequisite to this legal person and its statutory authority
or each Member of the Board, and if it is a statutory body
vendor or a statutory authority of the vendor of the legal person,
This assumption must satisfy both the legal person and its
the statutory body or each Member of the Board of the legal
of the person; If the bid or the request for participation of foreign legal entity
through its branches, the presumption under this
(a) meet next to these persons also head of this organization
folder; This core competency, the contractor shall comply with the
both in relation to the territory of the Czech Republic, to the country of their residence, place of
business or residence,
(b)) that has not been convicted of an offence, the factual
the essence of the subject is related to the business of the supplier according to the specific
law, or the deletion of the conviction for committing such a
a criminal offence; in the case of a legal person, this condition must meet the
how this legal person and its statutory authority or any member of the
statutory authority, and is a statutory body of the contractor or a member of the
statutory body of a legal person, the supplier must this assumption
meet how this legal person and its statutory authority or any
Member of the Board of the legal person; If the offer or
application for participation of foreign legal person through its
organizational folder must meet under this assumption (a) next to the
These persons also head of this branch; This basic
competency, the vendor must comply with in relation to the territory of the
The United States, to the country of their residence, place of business or residence,
(c)) that in the last 3 years not lived up merits of negotiations
unfair competition in the form of bribery, according to a special legal
prescription ^ 40),
(d) the assets) against or in the last 3 years has taken place
insolvency proceedings in which the decision on bankruptcy or
insolvency petition was dismissed because the asset is not sufficient to cover the
the costs of the insolvency proceedings, or has not been canceled because of bankruptcy
the property was totally inadequate ^ 41) or introduced by the Administration
special legislation,
(e)) that is not in liquidation,
(f)) that does not have records of taxes, tax arrears and captured both in
The Czech Republic and in the country of residence, the place of business or residence
the vendor,
(g)) that does not have arrears on premiums and on the penalty on public health
insurance, both in the Czech Republic and in the country of residence, the place of
business or residence of the vendor
(h)) that does not have arrears on premiums and on the penalty on social
Security and contribution to the State employment policy, both in the
The Czech Republic and in the country of residence, the place of business or residence
the vendor,
I) which was not in the last 3 years, been punished by disciplinary punishment
or been saved disciplinary measures according to the specific
the legislation, if it is in accordance with § 54 (b). (d)) required proof of
professional competence in accordance with special legislation; If
the supplier carries out this activity through the responsible representative
or other person responsible for the activities of the contractor, shall be covered by this
a prerequisite to such persons,
(j)) that is not kept in the register of persons, the prohibition of performance of public
contracts and
to which in the past has not been) 3 years been fined for
to allow the performance of illegal work under special legislation ^ 77).
(2) the basic qualifications for the performance of the contract in
defence or security vendor that meets the
and met the qualification requirements) referred to in paragraph 1 and
(b)) has not been convicted of an offence of a terrorist attack,
the offence of theft committed by a plan to allow or facilitate the perpetration
the crime of a terrorist attack, the crime of extortion committed in
plan to allow or facilitate the Commission of an offence of a terrorist
the attack, the crime of counterfeiting and alteration of a public deed committed in
plan to allow or facilitate the Commission of an offence of a terrorist
the attack, including when it comes to preparing or attempt or participation
on such a criminal act, or the deletion of the conviction for committing a
such a crime; in the case of a legal person, the
a prerequisite to meet the statutory body or any member of the
authority, and is a statutory body of the contractor or member of a statutory
authority of vendor's legal person, must comply with this assumption
the statutory body or each Member of the Board of the legal
of the person; If an offer or request for participation of foreign legal entity
through its branches, the presumption under this
(a) meet next to these persons also head of this organization
folder; This core competency, the contractor shall comply with the
both in relation to the territory of the Czech Republic, to the country of their residence, place of
business or residence.
(3) the supplier to meet the basic qualifications
in accordance with paragraphs 1 and 2 of the presentation
and the statement from) criminal records [paragraph 1 (a)) and (b)), and
paragraph 2 (a). (b))],
(b) confirmation from the competent tax authority) and in relation to excise duty
solemn declaration [paragraph 1 (b), (f))],
(c) the confirmation or the competent authority) institutions [paragraph 1 (b), (h))],
d) solemn declaration [paragraph 1 (b) (c)) to e) and (g)), i) to)].
§ 54
Professional qualification requirements
Meet professional qualifications establishes a supplier who
shall submit to the
and) an extract from the commercial register, if there is a written, or an extract from the other
similar evidence ^ 42), if it is written,
(b)) evidence of the business under special legislation in
extent appropriate to the subject of the contract, particularly document
proving the relevant trade licence or a licence,
c) a document issued by professional self-governing Chamber or another professional
organisations to prove his membership in this Chamber or another organization,
If such membership is necessary for the performance of public service contracts
under special legislation ^ 43),
(d)) a document certifying the competence of the supplier or person
through which the competence, if for
performance of the contract required under special legislation ^ 44)
and
e) document proving the ability of the supplier to secure protection
classified information according to the type of protection
classified information ^ 16) in the performance of public contracts in the defence sector
or safety, conforming to the requirements of the measures established by the
the contracting entity in the tender conditions.
section 55
cancelled
§ 56
Technical qualifications
(1) in order to demonstrate compliance with technical qualifications
the vendor for the performance of public supply contracts, the contracting authority
request
and a list of significant deliveries of completed) contractor in the last 3
years and in the case of the field of Defense and security in the last 5
years with an indication of their scope and time of performance; the annex to this list
must be
1. a certificate issued or signed by the contracting authority, if the goods have been
delivered to the contracting authority,
2. a certificate issued by another person, unless the goods were supplied to another person
than the contracting authority, or
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
for reasons relating to her side,
(b)) a list of technicians or technical bodies involved, which will participate in the
performance of the contract, and in particular the technicians or technical bodies
to ensure quality control, regardless of whether the employee
vendor or a person in a different relationship to the vendor,
c) description of the technical equipment and the measures used by the supplier to
ensure the quality and description of the device or equipment intended for the vendor
carrying out research,
d) supervised the production capacity by the contracting authority or other
by a person on his behalf, and, if necessary, also the implementation of control measures
relating to quality assurance and research, provided that the
the goods to be delivered, it is difficult or is required to completely
special purposes,
e) samples, descriptions and/or photographs of goods intended for delivery to, or
(f) proof of compliance) of the desired product issued by the competent
authority ^ 47).
(2) in order to demonstrate compliance with technical qualifications
the vendor for the performance of a public service contract, the contracting authority
request
and a list of the important services provided) contractor in the last 3
years and in the case of the field of Defense and security in the last 5
years with an indication of their scope and the time of grant; the annex to this
the list must be
1. a certificate issued by the contracting authority, if the services were provided
to the contracting authorities, or
2. a certificate issued by another person, if the services were provided to other
a person other than the contracting authority, or
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
for reasons relating to her side,
(b)) a list of technicians or technical bodies involved, which will participate in the
performance of the contract, and in particular the technicians or technical bodies
to ensure quality control, regardless of whether the employee
vendor or a person in a different relationship to the vendor,
c) description of the technical equipment and the measures used by the supplier to
ensure the quality and description of the device or equipment intended for the vendor
carrying out research,
d) conduct inspections of the technical capacity by the contracting authority or
another person on his behalf, and, if necessary, also carry out a check
measures relating to quality assurance and research, and all this for
provided, that the services to be provided are complex or
are required for a special purpose,
(e)) of the certificate of education and professional qualifications of the supplier or the heads of
^ 48) vendor employees or persons in a similar position and people
responsible for providing the relevant services,
(f)) of the management measures for the protection of
environment ^ 52) that the supplier will be able to use in the performance of public
of the contract, where this is justified by the subject of the contract,
g) an overview of the average annual number of employees, suppliers or other
the persons involved in the performance of contracts of a similar nature and the number of
^ 48) Executive employees of the contractor or persons in a similar position for the
the last 3 years, or
(h) an overview of the tools or utilities), operational and technical equipment
that will have the supplier in the performance of public contracts available.
(3) in order to demonstrate compliance with technical qualifications
the vendor for the performance of public works contracts, the public
the contracting authority shall require
and) list of works executed by the supplier for the last 5 years
and the certificate of the proper performance of the most important sponsors of these
construction work; This certificate shall include the price, time and place
execution of the works and shall include an indication of whether the
construction work done properly and professionally,
(b)) a list of technicians or technical bodies involved, which will participate in the
performance of the contract, and in particular the technicians or technical bodies
to ensure quality control, regardless of whether the employee
vendor or a person in a different relationship to the vendor,
(c)) of the certificate of education and professional qualifications of the supplier or the heads of
^ 48) vendor employees or persons in a similar position and people
responsible for the management of the implementation of the relevant construction work ^ 49)
(d)) of the management measures for the protection of
environment ^ 52) that the supplier will be able to use in the performance of public
of the contract, where this is justified by the subject of the contract,
e) an overview of the average annual number of employees, suppliers or other
the persons involved in the performance of contracts of a similar nature and the number of
^ 48) Executive employees of the contractor or persons in a similar position for the
the last 3 years, or
(f) an overview of the tools or utilities), operational and technical equipment
that will have the supplier in the performance of public contracts available.
(4) the contracting authority is entitled to demand proof of compliance with one
or more technical competencies referred to in paragraphs 1
up to 3. If the contract is in the performance of the corresponding more species
public procurement under section 8 to 10, is the contracting authority shall be entitled to
require proving compliance with technical qualifications
referred to in paragraphs 1 to 3 in a reasonable range for each type of
separately.
(5) in relation to technical qualifications is a public
the contracting authority shall, in the notice or the invitation to tender
and to determine the extent of the information requested), and documents
(b) provide the evidence) meet these qualifications and
(c) define the minimum level of these) qualifications
appropriate to the type, extent and complexity of the subject of performance of public
of the contract.
For qualifying provided pursuant to § 56 para. 3 (b). and) shall not
the range of works for each item in the list
the works carried out by the supplier exceed 50% of the projected
the value of the contract.
(6) If the supplier is not for objective reasons, able to demonstrate compliance with
technical assumptions in ways laid down in accordance with paragraph 5, it is
entitled to is to demonstrate and other equivalent documents, if the public
due to objective reasons, the contracting authority rejects the request.
(7) in the event that proof of compliance with the required technical
qualifications is not in the presentation of a document is public
the contracting authority is obliged to provide the contractor with the appropriate synergies and the opportunity
proof of this part of the technical qualification requirements before
the deadline for proof of qualification. The contracting authority is obliged to
send written confirmation of the supplier successfully proving compliance with the
the relevant technical qualification, provided that serve as
document for proving compliance with the qualification in the proper range.
(8) where the candidate or tenderer in a procedure for the samples, it is
the contracting authority obliged to give these samples on his written request, after the conclusion of the
the contract or cancel the procurement procedure, without delay after the return or
pay their value.
§ 57
The authenticity of the documents and the age of
(1) unless otherwise provided by this Act, the supplier shall submit copies of documents
to demonstrate that the qualifications. If required by the contracting authority prior to conclusion of the
the Treaty, to submit the originals or certified copies of documents proving the
meet the qualifications, the applicant is to be concluded
According to § 82, shall be obliged to submit.
(2) documents proving the fulfilment of the basic qualifications and
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 narrower design competition.
§ 58
Changes in the qualifications
(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.
(2) the obligation referred to in paragraph 1 shall apply by analogy to the applicant, the
which is in accordance with the decision of the contracting authority under section 81 can be
enter into a contract, and until the conclusion of the contract. In this case,
the candidate must, with whom the contracting authority concludes the contract, submit to the
the necessary documents demonstrating that the qualification in its entirety
at the latest upon conclusion of the contract.
§ 59
The assessment of qualifications
(1) the contracting authority shall consider the demonstration of meet the qualifications of the supplier
in terms of the requirements established in accordance with this Act (hereinafter referred to as
"the assessment of the qualification").
(2) for the purposes of the assessment of the qualifications of the contracting authority may establish
the Special Commission. The provisions of section 74 para. 7 and section 75 para. 6 the members of the
the Special Commission shall apply mutatis mutandis.
(3) in an open in lower management and simplified proceedings may
assess the qualifications of the Evaluation Committee, if so provided by the public
the contracting authority.
(4) the contracting authority may require the contractor, in writing
clarify submitted information or documents or to submit further information
or documents proving the fulfilment of the qualification. The supplier is obliged to fulfill the
This obligation within a reasonable time limit fixed by the contracting authority.
The operative events for the meet the qualifications may occur in the case of
procedure referred to in this paragraph after the time limit under § 52.
(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
prove or failed to show.
(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.
(7) in the event that the assessment of qualifications conducted by Special Commission
established by the contracting authority in accordance with paragraph 2, or the assessment of the Commission,
report on the assessment of the qualification Commission. The Protocol shall be signed by
all present members of the Commission. If the Member of the Commission takes a different view
from the opinion of the majority, this shall be indicated in the Protocol with a different view
justification.
(8) the contracting authority shall, without delay after the assessment of the qualifications
allow all suppliers whose qualifications have been assessed,
look in the log for assessment of qualifications and to allow the purchase of
the extract or a copy thereof. The provisions of § 73 para. 4 fifth sentence
by analogy.
section 60
Failure to comply with the qualification
(1) the supplier which fails to meet the qualifications to the extent required or
fail to comply with the obligation laid down in section 58, shall be the contracting authority
excluded from participation in a procurement procedure.
(2) the contracting authority shall, without delay, be notified in writing to the supplier of your
the decision to exclude from participation in a tender procedure, with an indication
reason. If the contracting authority has reserved in the specifications,
in the simplified procedure can lower the decision to exclude
candidates announce his publication on the profile of the contracting authority; in such a
case, the decision about the exclusion of a tenderer be deemed received
at the moment of publication on the profile of the contracting authority.
§ 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.
§ 62
Qualifications for a below-limit public procurement
(1) if the contracting authority below-limit public contract, is obliged to
should request evidence of compliance with the basic and professional qualification
assumptions of the supplier. Where a contracting authority is also proving
that the technical qualifications, 56 shall apply mutatis mutandis.
The contracting authority may also require the declaration pursuant to § 50 para. 1
(a). (c)).
(2) Meet the basic qualifications for the-limit
public contracts evidenced by means of statutory declaration. From the contents of
statutory declaration must be clear that the supplier meets the relevant
core competencies required by the contracting authority.
The contracting authority may, by notice or the invitation to tender
provide for an obligation of the supplier to demonstrate compliance with the essential
qualifications documents referred to in § 53 para. 3, where appropriate,
the following documents to prove the fulfilment of certain fundamental
the qualification requirements.
(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.
Part 2
The requirements on the qualifications of the contracting authority of the sector
§ 63
Range qualification
(1) the contracting authority is authorized to establish Sectoral any objective
the requirements, which allow an objective assessment of the qualifications of the supplier.
(2) requires the contracting authority to establish sector comply with the requirements
qualifications corresponding to one qualification, provided under section
53 para. 1, is obliged to require to demonstrate compliance with these requirements
papers according to § 53 para. 3.
(3) If a public contract, the contracting authority in connection with the
the performance of the relevant activities, is obliged to tender request
proving compliance with basic qualifications under section 53
paragraph. 1 (b). a) and (c)).
(4) the contracting authority shall define the scope of Sectoral information and documents in the context of the
required qualifications having regard to the type, scale and complexity of the subject
public procurement contracts. Qualification requirements in the sector, the contracting authority shall indicate the
notice of initiation of the award procedure, the invitation to negotiations in the rules
procedure without prior publication, or in the invitation to confirm the interest in participation.
(5) if it is justified by the subject of the public contract, the sectoral
the contracting authority for public service contracts and public works contracts
work in the context of demonstrating the technical competence to request submission
of the registration document in the management and audit of the protection
the environment (EMAS) ^ 52) or environmental management certificate
environmental protection issued by Czech technical
^ 53) standards by an accredited person ^ 51). The contracting authority shall recognise equivalent sector
documents issued in a Member State of the European Union. The contracting authority shall recognise the sector
also other evidence of equivalent measures to ensure the management of the
point of view of environmental protection.
(6) if it is justified by the subject of the public contract, the sectoral
the contracting authority in the context of demonstrating the technical competence to request submission
quality management system certificate issued by Czech technical
^ 50) standards by an accredited person ^ 51). The contracting authority shall recognise equivalent sector
documents issued in a Member State of the European Union. The contracting authority shall recognise the sector
also other evidence of equivalent quality assurance measures.
(7) the data relating to the economic, financial or technical capacity
the vendor cannot be the subject of the assessment criteria.
(8) the provisions of § 50 para. 2 the second sentence and article 50 paragraph. 3 applies to
sector of the contracting authority, by analogy.
§ 64
Proof of compliance with qualification
(1) the contracting authority is obliged to request a Sector proving compliance with the
the qualifications of the supplier in the restricted procedure and in the negotiated procedure with
public disclosure. Proving compliance with the qualification of suppliers to the extent
specified by the contracting authority, is a sector is a prerequisite for prompting the candidate to
the submission of tenders in the restricted procedure and in the negotiated procedure with publication.
(2) the contracting authority is entitled to claim a sector proving compliance with the
the qualifications of the supplier in an open procedure and in the negotiated procedure without
publication; This is without prejudice to the provisions of § 63 para. 3. Proof of compliance with
qualifications to the extent provided by the sponsor in such sectoral
the case in an open procedure a prerequisite for assessment and evaluation
the applicant and the negotiated procedure without publication of a prerequisite for the conclusion of the
of the Treaty.
(3) the negotiated procedure without publication shall meet the qualifications vyzvaného
the lead does not demonstrate, in the cases referred to in § 23 para. 4 (b). (b)),
§ 23 para. 5 (b). c) to (e)), § 23 para. 6 or § 23 para. 8 (a). (b)).
(4) If the supplier is not able to demonstrate the fulfilment of the objective reasons
part of the qualification requirements on the economic, financial or
technical competence in its entirety, is entitled to this eligibility
demonstrate and other equivalent documents, if the contracting authority of the sector
objective reasons to reject.
(5) if the supplier is not able to fully demonstrate the fulfilment of the
that is requested by the contracting authority concerning sectoral requirements
the economic, financial or technical competence, where appropriate, on
the business, membership in the professional self-governing Chamber or
other professional organization or professional competence, is entitled to meet
This lack of qualification to demonstrate through range
a subcontractor. The supplier is not entitled to through a subcontractor
demonstrate compliance with qualification corresponding to section 54 (b). the provisions of §).
51 para. 4 the second and third sentence shall apply mutatis mutandis.
(6) in order to be the subject of the public contract fulfilled several suppliers
together, and for this purpose it serves or intend to submit a joint bid,
each vendor is obliged to demonstrate compliance with the full qualification
range; It does not affect the economic, financial or technical capacity
or business, membership in the professional self-governing Chamber or
other professional organization or professional competence, within which
It is sufficient to meet this qualification have demonstrated all vendors
together. The ability to demonstrate compliance with the lack of qualification of the range
through a subcontractor pursuant to paragraph 5 shall apply mutatis mutandis.
(7) the provisions of § 51 para. 6, 7 and 8 and section 58 to 60 applies to the sector
the contracting authority, by analogy.
§ 65
Proof of time meet the qualifications
(1) in an open procedure the supplier is obliged to demonstrate compliance with
qualification within the time limit for the submission of tenders. In the case of open proceedings
the introduction of the dynamic purchasing system, the supplier is required to prove
meet the qualifications at the latest with the submission of preliminary bids.
(2) in the restricted procedure, and the negotiated procedure with the publication of the supplier is obliged to
demonstrate compliance with the time limit for the submission of qualification request to participate,
where appropriate, the time limit for confirmation of interest in participation.
(3) the negotiated procedure without prior publication of the supplier is required to prove
meet the qualifications in the time limit set in the invitation by the sponsor rather
for negotiations, but not later than the conclusion of the contract.
§ 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
by analogy.
Part 3
The security
§ 67
the title launched
(1) the contracting authority may, for public contracts in the open procedure, notification
restricted procedure, negotiated procedure with the publication of, the simplified
the-limit control or a competitive dialogue, to require applicants to
ensure the performance of its obligations arising from participation in public procurement
driving confidence. Security shall not be required for the introduction of
the dynamic purchasing system. The contracting authority shall fix the amount of security in
absolute amount equal to 2% of the estimated value of a contract
or up to 5% of the estimated value of a contract, if the contract award
management of the electronic auction will be used. The Tenderer shall provide security in the form of
the composition of a sum of money to the account of the contracting authority (hereinafter referred to as the "money guarantee"),
or in the form of a bank guarantee or insurance guarantee ^ 53a).
(2) Security Releases the sponsor candidates
and) whose tender has been accepted as a best practice, or with whom it was possible to
enter into a contract pursuant to § 82 para. 4 to 5 working days after the conclusion of the
of the Treaty,
(b)) which was selected as the most appropriate and could not be with him
enter into a contract pursuant to § 82 para. 4, within 5 working days after dispatch
choosing the most appropriate notification pursuant to § 81 para. 3 or its
publication according to § 81 para. 4,
(c)) that was excluded from the award procedure, within 5 working days after
dispatch of the notification of the exclusion,
(d)) if it was tender cancelled, within 5 working days after dispatch
notice of cancellation of the procurement procedure pursuant to § 84 paragraph. 8.
(3) cash certainty is obligated to release, including interest
cash-settled against the Institute.
(4) if the applicant has filed before the conclusion of the contract the objections
and the sponsor of these objections, the applicant is required to pass again
the certainty of cash, which was released by the contracting authority, within 5 working days
After the decision of the contracting authority in accordance with § 111 paragraph. 1. To comply with the
the candidate will be this obligation by the contracting authority of the procurement procedure shall be excluded.
If the applicant has filed a proposal to begin the procedure for review of acts of the
the contracting authority must once again provide the guarantee, which was by the contracting authority
released.
(5) the security is to be provided in the form of a bank guarantee or insurance
guarantees, the applicant is obliged to ensure the validity of all the time
the tender period under section 43. The contracting authority is obliged to keep a copy of the warranty
of the Charter and the original of the letter of guarantee to return the applicants within the time limit referred to in
of paragraph 2.
(6) the security is to be provided in the form of insurance guarantees, insurance
the contract shall be closed so that the applicant is insured and beneficiary
the person who has the right to claim, is the contracting authority. The insurer
the insured person shall issue a written declaration containing a commitment to pay
the contracting authority under the conditions laid down in paragraph 7, the indemnity.
(7) If a tenderer in contravention of this Act or the terms of reference (Tor)
set aside or changed the bid, refused to enter into a contract pursuant to § 82 para.
2 and 4, or has not complied with an obligation to provide proper
synergy to the conclusion of the contract according to § 82 para. 4, the contracting authority has the right to
the performance of a bank guarantee or indemnity insurance guarantees
or the security of money provided him with interest accounted
the Monetary Institute.
TITLE VI OF THE
MENU
§ 68
The contents of the menu bar
(1) a prerequisite for award of the contract to the supplier's tender,
unless otherwise provided by this Act.
(2) under identifying information must be provided for the applicant. Menu
contains the draft of the contract signed by the person authorized to act on behalf of or for the
for the applicant. There are also other documents required by this
by law or by the contracting authority. In an open procedure and the simplified
lower management are part of the menu also documents and information
demonstrating compliance with the qualification, unless the contracting authority;
the provisions of § 64 para. 2 the first sentence shall remain unaffected.
(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.
(4) a preliminary offer for the dynamic purchasing system, contains data
applicable to the assessment of whether a supplier meets the requirements for inclusion in the
This dynamic purchasing system.
§ 69
Submit an offer
(1) the contractor may submit only one tender. Menu contains the
variants according to section 70 is considered one offer.
(2) the supplier who has made an offer in the tender, shall not be
at the same time the subcontractor, through which other vendor in the same
award procedure proves the qualification.
(3) if the Contractor submits more than one tender alone or together with
other vendors, or its subcontractor, through which different
a vendor in the same award procedure proves the qualification, the contracting authority
all offers made by such a supplier. The vendor whose
the offer was withdrawn, the contracting authority, without delay, excluded from participation in the
the tender. Exclusion of a tenderer, including because of the contracting authority
promptly notify the applicants.
(4) joint bid means a bid, which has made under the terms of
laid down in § 51 para. 6 multiple vendors together. In this case,
suppliers submitting a joint bid considered one
for the applicant.
(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. 5.
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.
section 70
Menu variations
(1) the Variants menu are permissible, if the contract is entered on the
the basis of the basic evaluation criteria economic advantage offers and
If the contracting authority in advance admitted variants in procurement conditions.
(2) if variants are permissible, the menu, the contracting authority in the contract
documentation requirements for variants, possibly in conjunction with the specific
requirements for the processing of the menu.
(3) the Option menu in the assessment of tenders may not be withdrawn because the
in the case of public supply contracts has changed to a public
service contract or, in the case of a public service contract has been
to change to a public supply contract.
TITLE VII
Part 1
Opening of envelopes with bids
§ 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) 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.
(6) 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.
(7) 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.
(8) after checking each offer pursuant to paragraph 7 shall communicate to the Commission
present applicants identifying information and information about whether
the offer meets the requirements of paragraph 7; 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.
(9) if the offer does not comply with the requirements referred to in paragraph 7, 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.
(10) if the contract is divided into lots according to section 98, the
paragraphs 7 to 9, mutatis mutandis, to the individual parts of the contract.
§ 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. 8 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.
6 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. 7 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.
5 and 8 to 10 shall apply mutatis mutandis.
section 73
A Protocol on the opening of envelopes
(1) the opening of envelopes or offers submitted in electronic form
the Commission in charge of the Protocol on the opening of the envelopes. For each tender, the
the data communicated by the Commission to present candidates under § 71 para. 8.
(2) where the Commission opens a menu, filed in electronic form shall indicate, in
the Protocol for the opening session, in addition to the requirements referred to in the previous
the paragraph also information about the procedure for opening tenders notified in
electronic form and information according to § 72 para. 5.
(3) if the Contracting Authority published in the notice or shall award the
management of the intention to use an electronic auction, is obliged to in the Protocol on
opening session, indicate the identification details of the candidates separately from
other data and information so as to ensure the confidentiality of the identity of the
the participants of the electronic auction.
(4) the Protocol on the opening of the envelopes shall be signed by all present members
of the Commission. A Protocol on the opening of envelopes when you connect the attendance list
applicants shall be attached to the list of quotes. The contracting authority will allow tenderers to
their request to look into the Protocol on the opening of envelopes and take out
the extract or a copy thereof. Does not take place if the opening session, pursuant to § 72
paragraph. 4, the sponsor is required to immediately make available to the tenderers
a Protocol on the opening of envelopes by electronic means. If the contracting authority
published in the notice or the invitation to tender the intention to use the
an electronic auction, is authorized to make available to the tenderers or allow
look into those parts of the Protocol that contain identifying information
the tenderers.
Part 2
The Evaluation Committee
§ 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.
section 74a
cancelled
§ 75
Meeting of the Evaluation Committee
(1) the assessment, the Commission shall elect from among its members a Chairman and a Vice-Chairman to
its first meeting, which is convened by the contracting authority. Each Member of the
the Evaluation Committee shall be, at its first meeting invited at least 5
working days in advance. The next meeting of the Evaluation Committee shall be convened by and governed by the
its Chairman, if the Chairman is not present, the Vice Chairman.
(2) If a member of the Evaluation Committee meetings to attend, is obliged to
immediately report this fact to the President or, if this is not possible,
the Vice-President chairing the Evaluation Committee or the contracting authority, if it
the first meeting of the Evaluation Committee, which ensures the participation of a substitute.
(3) the assessment of the Commission may act and pass resolutions, if there are at least
two-thirds of the members or their alternates. The Evaluation Committee shall be decided by
a majority vote of the members present or substitutes.
(4) the conduct of the Evaluation Committee can participate whether or not other persons who
Specifies the contracting authority or the Evaluation Committee.
(5) the conduct of the Evaluation Committee is in charge of the Protocol (hereinafter referred to as "the Protocol
on hearing "). Protocol of the meeting shall be signed by all present members
the Evaluation Committee. Holds if the different opinion of the Evaluation Committee against
the opinion of the majority, the minutes of the hearing this different view with
justification.
(6) the members of the Evaluation Committee are required to maintain the confidentiality of
the facts, which they learned in connection with its participation in the
the evaluation to the Commission. This applies mutatis mutandis to the other person that was on the
invited by the contracting authority or conduct the evaluation by the Commission.
Part 3
Assessment and evaluation of tenders
§ 76
Examination of tenders
(1) the Commission shall examine the candidates ' Evaluation in terms of fulfilment of the menu
legal requirements and requirements of the contracting authority referred to in the award
terms and in terms of whether the candidate has not submitted an unacceptable offer
According to section 22 para. 1 (b). d). Tenders which do not satisfy these requirements,
must be discarded. If not elimination of all the variants of the menu,
is not considered a bid for the disqualified. To the obvious errors in measurement
menu, identified in the assessment of the tenders which do not affect the
the offer price, the Evaluation Committee shall be disregarded. In the case of public contracts
the works, whose specifications shall include the appropriate
documentation referred to in § 44 para. 4 (b). and examine the Evaluation Committee)
menu in the details of an inventory of the works, supplies and services, and
bills of quantities.
(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.
(3) the assessment, 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.
(4) the Commission may, upon written justification for the uncertainties of the menu
invite the applicant at the hearing, the Evaluation Committee in order to explain his
menu. The Evaluation Committee will deliver an invitation to the candidates at the hearing at least 5
working days before it takes place.
(5) at the request of the contracting authority shall provide the supplier in competition
additional information the contracting authority dialogue, whose aim is to
tender has been submitted to clarify, instantiate or explain. In the request for
additional information the client must specify which data from the menu
requests to clarify or explain to instantiate and provide for these
the purposes of the reasonable period of time, but not less than 5 days. Additional information
tenderers shall not include a change to a menu or be in conflict with the challenge to
the submission of tenders.
(6) the tenderer whose tender was the assessment of the bids Evaluation Committee
the contracting authority shall, without delay, excluded from participation in a procurement procedure. It
does not apply if the sponsor shall proceed in accordance with § 79 paragraph 2. 5. exclusion of
candidates, including the reasons for the exclusion of tenderers, the contracting authority, without delay,
be notified in writing. If the contracting authority in the specifications
reserved, in the simplified procedure can lower the decision on
the exclusion of candidates announce his publication on the profile of the contracting authority; in
this case, the decision about the exclusion of a tenderer be deemed received
at the moment of publication on the profile of the contracting authority.
§ 77
Abnormally low tender price
(1) in the assessment of tenders tenderers in terms of compliance with the award
the conditions and in the case of use of the electronic auction after its completion
the Evaluation Committee will assess whether or not the amount of the offer price in relation to the subject
public procurement contracts. If the menu contains an extremely low bid
the price in relation to the subject of the contract, the Evaluation Committee
request from the applicant a written justification for those parts of the menu, which are
the offer price for the amount of material; the justification must be a contender
delivered within 3 working days from the date of receipt of the request, the applicants
If the Evaluation Commission does not provide for a longer period. The Evaluation Committee may, on the
the request of the tenderer may extend that period or deadline
waived.
(2) the assessment, the Commission may take account of abnormally low
the offer price, if this is justified by objective
causes, in particular
and economic aspects) construction techniques or technology, manufacturing
process or the services provided,
(b)) objevností of the technical solution or exceptionally favourable conditions,
available to the tenderer for the execution of works or
the provision of supplies or services,
c) originality of the works, supplies or services,
d) compliance with the provisions relating to employment protection and working
conditions that are effective in the place of execution of the works,
the provision of services or supplies, or
(e) potential candidates get options) public support ^ 55).
(3) the assessment, the Commission may, upon written justification for the extremely low
invite the applicant to offer price negotiations for the purpose of the Evaluation Committee
the explanation submitted by the justification. The Evaluation Committee will send the candidates
an invitation to the hearing at least five working days before it takes place.
(4) the assessment of the extremely low offer prices taking into account the evaluation
Commission, the written grounds for the applicants his explanation.
(5) If an evaluation, the Commission finds that the tender price is extremely
low as a result, that the Tenderer has obtained State aid, it may be
offer withdrawn for this reason, only after consultation with the applicant and
provided that the applicant is not able to sufficiently limit set
the assessment by the Commission demonstrate that public aid had been granted in accordance
with the legal acts of the European Union ^ 55). If the Evaluation Commission excludes
because of this, the offer in excess of the contract, it shall inform the
the sponsor of this fact the European Commission.
(6) if the applicant did not substantiate in writing an extremely low bid price in
the time limit, if the failed to submit an explanation, or to assess the
the Evaluation Committee its rationale as unfounded, tenders shall be
sorted. The provisions of § 76 para. 6 shall apply mutatis mutandis.
§ 78
The evaluation criteria
(1) the basic evaluation criterion for the award of public contracts (hereinafter referred to as
"the basic criterion") is
and) economically advantageous offer, or
(b)) the lowest tender price.
(2) the essential assessment criterion in competitive dialogue is only
economically advantageous tender.
(3) the Contracting Authority chooses the basic assessment criteria by type and
the complexity of the contract and shall specify in the notice or the invitation is to initiate the
the procurement procedure.
(4) if the contracting authority decides to award a contract by
basic evaluation criteria economic benefit offerings, provides
always partial evaluation criteria so as to reflect the relationship of utility value
and the prices. Partial evaluation criteria must relate to its implementation
public procurement contracts. They can be especially tender price, quality,
the technical level of the offered performance, aesthetic and functional characteristics,
properties of performance in terms of environmental impact, impact on the
employment of people with disabilities and people with difficult access
on the labour market, running costs, cost-effectiveness, warranty and post warranty
service, security of supply, delivery period or period of completion.
Partial evaluation criteria can also be organisations, qualifications and
the experience of the people involved in the implementation of the contract, if they have
significant impact on its performance. Partial evaluation criterion cannot be
terms and conditions whose purpose is to ensure that the obligations of the vendor
or the terms of payment.
(5) if the underlying endpoint economically advantageous offer,
must sponsor each subarea assessment criteria determine the weight
which is expressed as a percentage, or provides another mathematical relationship between the
sub criteria. Fixed weight for each component may be
evaluation criteria are identical.
(6) the contracting authority shall specify a partial evaluation criteria and their weighting in the notice
or tender or in the invitation to submit
menu in the restricted procedure and in the negotiated procedure with publication or in the invitation
infringement of the rules or procedures without prior publication in the call for
confirmation of interest in participation, or in the descriptive document.
(7) if the contracting authority is not objectively able to determine the weight of the incremental
the assessment criteria, the partial evaluation criteria in descending order
According to the importance they attributed to the contracting authority.
§ 79
Evaluation of tenders
(1) the evaluation of proposals Evaluation Committee performs pursuant to the evaluation
the criteria referred to in the documents pursuant to § 78 para. 6. If the basic
endpoint economically advantageous tender evaluation Committee
required to evaluate and determine their order by
partial evaluation criteria and their weights.
(2) if the contracting authority does not provide otherwise, decisions of the evaluation for the payer
value added tax price without value added tax, for we are not subject
price with value added tax.
(3) if the contracting authority has established a partial evaluation criteria under section 78 para.
7 in descending order of importance, the Evaluation Committee shall
evaluate the bids based on partial evaluation criteria and in the report on
assessment and evaluation of tenders to justify assign specific values for
each lot of the evaluation criteria of each menu.
(4) if the underlying endpoint lowest bid price,
the Evaluation Committee shall determine the order of tenders according to the amount of the offer price. Before
determining the order of the success of the tender evaluation Committee will assess the bids
price according to § 77.
(5) the contracting authority shall decide about the new assessment and evaluation of tenders, if
It finds that the evaluation, the Commission infringed the procedure provided for by this Act.
For the new assessment and evaluation of tenders, the contracting authority will appoint another
evaluation the Commission shall carry out a new assessment and evaluation of tenders
alone. The reasons for the new assessment and evaluation of tenders, the contracting authority will connect to the
the original report on the examination and evaluation of tenders. If the new
assessment and evaluation of tenders under this paragraph, the contracting authority itself,
processes the report on the assessment and evaluation of the tenders in accordance with § 80 para. 1
by analogy.
(6) the assessment of the Commission does not make the evaluation of tenders, should
evaluate the offer only one applicant.
§ 80
Report on the assessment and evaluation of tenders
(1) the assessment and evaluation of proposals Evaluation Committee taken in writing
a message that contains a list of the tenders, assessed the menu list,
that was the assessment by the Commission of the procedure for the award to be discarded along with the
reason, a description of how the evaluation of the remaining menus with
on the result of evaluation of tenders, the description of the rating for each
tenders in the context of all of the assessment criteria, and an indication of the composition of the evaluation
of the Commission. If the Commission did not carry out the assessment evaluation of the tenders in accordance with § 79
paragraph. 6, report on the assessment and evaluation of tenders does not contain data
related to the evaluation of the bids.
(2) the report referred to in paragraph 1 shall be signed by all members of the evaluation
the Commission, who participated in the meeting of the Evaluation Committee, on which the
evaluation of tenders carried out. Immediately after the termination of its activities
the assessment of the Commission report referred to in paragraph 1, together with menus and other
documentation related to the activities of the contracting authority.
(3) the contracting authority is obliged to allow all tenderers in the conclusion of the contract,
whose tenders have been the subject of an assessment, at their request, to report on the
assessment and offers insight and edit excerpts,
copy or copies.
(4) the report on the assessment and evaluation of tenders, does not purchase in the case of
public contracts awarded in the dynamic purchasing system or of the
under the framework agreement pursuant to § 92 para. 1 and 2.
TITLE VIII
CLOSING OF THE TENDER
§ 81
Choosing the best deals
(1) the sponsor shall select the most suitable offer tenderer,
whose tender was evaluated according to the evaluation criteria as
a) the most economically advantageous, or
(b)) with the lowest bid price.
(2) if the offer has not been evaluated in accordance with § 79 paragraph 2. 6, the contracting authority
shall select this menu. This is without prejudice to the provisions of § 84 paragraph.
3 (b). (b)).
(3) the contracting authority submits a notification about choosing the best deals within 5
working days after the decision referred to in paragraph 1 and all interested candidates
all interested tenderers. Tenderers shall mean the candidates who
have not been definitively excluded. Exclusion has a definitive
If the candidate has been notified to the applicants and did not file objections within the time limit under section
paragraph 110. 4, or has not submitted the proposal within the time limit under section 114 para. 4 and 5, or
the proceedings were about his proposal. The candidates concerned shall mean
leads, which the contracting authority provide a notification of their exclusion
before sending the notification of the decision about choosing the best deals.
(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.
(5) the sponsor in announcements about choosing the best tender, the
and) identification of whose tender was evaluated,
(b) the result of the evaluation of tenders), from which the apparent order of the menus,
(c) the rationale for choosing the most appropriate menu), if the contracting authority itself
the new assessment and evaluation of the tenders in accordance with § 79 paragraph 2. 5; in such a
If the sponsor lists the menus, the menu list assessed,
that have been excluded from the tender by the contracting authority, together with an indication of
reason, a description of how the evaluation of the remaining menus on the grounds
the result of the evaluation of the tenders, a description and justification of evaluation of individual
offers across all evaluation criteria and in what sees the violation of
the procedure established by this Act, the assessment by the Commission
(d)), the number and order of menus that were evaluated in the negotiated procedure with
by posting on the basis of the negotiations on the menus, and also what data from the
bids were evaluated by the contracting authority, on the basis of the negotiations differently, and how they were
tenders under each of the evaluation criteria,
e) instruction on the period for lodging objections under section 110 paragraph 2. 4 and the prohibition of
conclusion of the contract according to § 82 para. 1, or notification that follows the
§ 82 para. 3.
(6) If a contract is entered after negotiations with the only invited
supplier in the negotiated procedure without publication or on the basis of a framework
a contract concluded with one tenderer, the provisions of paragraph 4 shall not apply. In
other cases of negotiated procedure without publication or public procurement
specified on the basis of a framework contract, notifications about choosing the best
menus contain the facts referred to in paragraph 5 (b). a), b) and (e)).
§ 82
Conclusion of the contract
(1) the contracting authority must not be before the period for filing objections to the
the decision about choosing the best offer according to § 110 paragraph 2. 4 close the
the contract with the tenderer whose tender has been accepted as the most appropriate according to
section 81 (hereinafter referred to as "the selected candidate").
(2) If no objection within the prescribed period according to § 110 paragraph 2. 4,
the contracting authority shall conclude a contract with the selected tenderer within 15 days after the expiry of the
the time limit for filing an opposition. The contracting authority shall conclude a contract in accordance with the proposal
the Treaty contained in the menu of the selected candidates, if appropriate, the modified
pursuant to section 32.
(3) in the case of public contracts awarded
and a dynamic purchasing system),
(b)) on the basis of the framework contract by the contracting authority, or
(c)) on the basis of the framework contract in the area of defence or security,
the contracting authority may enter into a contract with the selected tenderer before the expiry of
the time limit referred to in paragraph 1. In this case, § 110 paragraph 2. 6 does not apply.
(4) the selected candidate is required to provide to the contracting authority the proper synergies
necessary for the conclusion of the contract so that the contract has been concluded within the time limit
in accordance with paragraph 2. If the selected bidder to conclude with the sponsor
the contract or does not provide the proper synergies to be agreement in the
the time limit referred to in paragraph 2 concluded, the contracting authority may enter into a contract with the
the applicant who placed second in the order. If the applicant refuses to
Second, in order to conclude a contract with the contracting authority or fails to provide proper
synergy to its conclusion, the contracting authority may enter into a contract with the
the applicant who placed third in the order. Candidate second or third
in the order, which is to be concluded, is obliged to provide
contracting authority assistance needed to conclude a contract within 15 days from the
the date of receipt of the invitation to the conclusion of the contract.
(5) if it is to be a framework contract is concluded with more candidates, and one of the
the selected candidates will refuse to enter into a contract or does not provide the necessary
synergy to the conclusion of a framework agreement within the time limit referred to in paragraph 2,
the contracting authority may for the fulfillment of the established number of participants of the framework contract
conclude a framework contract with another bidder, whose bid has been
evaluated. If it is not the contracting authority to proceed under the first sentence, or if the
close the procedure laid down in the first sentence of the framework contract shall set out the number of
candidates may conclude a framework contract with a lower number of candidates;
the provisions of § 89 paragraph 1. 2 the first sentence shall apply mutatis mutandis.
(6) the contracting authority shall be notified in writing without undue delay, information concerning the
conclusion of the contract to the tenderers with whom it was possible to conclude pursuant to paragraph 4
the contract.
(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.
section 83
Notification of the outcome of the procurement procedure
(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.
(2) if the contracting authority in the case of dynamic purchasing system, and in the case of
the contract concluded on the basis of the framework contract does not send a notice of the
the outcome of the procurement procedure for publication in accordance with paragraph 1, it is
must send it collectively for the previous quarter; a summary of the
Notice the sponsor is required to submit within 30 days of the end of the
calendar quarter.
(3) If the subject of the contract is the provision of some of the services
referred to in annex 2, the contracting authority shall state in the notice referred to in paragraph 1
When you send it, whether with his publication of the agreement. This does not apply in
the case of the provision of some of the services in the area of defence and security
listed in annex No. 2.
(4) the contracting authority may, in the dispatch of the notification referred to in paragraph 1 may provide that
some of the information to be transmitted shall not be published if publication would
This information would mean a violation of special legal regulation or
It would be contrary to the public interest or would violate the right to
a vendor on the trade secret or could affect the economic
competition. Sector sponsor may when you send a notification under paragraph 1
provide that information must not be published also on the number of
of the tenders received, the identification of the supplier or the price.
(5) If a Contracting Authority enters into a contract sector according to § 23 para.
8 (a). a), may limit the nature and quantity of information provided by the
services in the notice referred to in paragraph 1 a general reference to the service
provided for the purpose of research and development. If there is no agreement concerning the
research and development in accordance with the procedure referred to in article 23 paragraph 1. 8 (a).
and may the contracting authority), sector for the protection of trade secrets in the
notification referred to in paragraph 1, limit the information relating to the nature and
the quantity of services provided. However, the sector is always obliged to sponsor
to ensure that any information published under this paragraph
was more detailed than the indication referred to in the notice or the invitation to initiate
the procurement procedure.
§ 84
The cancellation of the tender
(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, or
(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.
(2) the contracting authority may without delay cancel the procurement procedure, only
If
and the minimum number of candidates), who have to submit a request to participate,
or a confirmation of interest to participate in a restricted procedure, negotiated procedure with the
by posting or a competitive dialogue, and this was not a set number of
populated, or not populated after the assessment of the qualifications,
(b) the number of candidates invited by the contracting authority) to the submission of tenders in the restricted procedure,
negotiated procedure with the publication of or competitive dialogue was less or equal to
the minimum legal number of lodges offer a smaller number of applicants than
prompted by the contracting authority
(c) the applicant, where appropriate, selected) candidate second, refused to enter into a
the contract or has failed to provide to the contracting authority to conclude the proper synergies
According to § 82 para. 4,
(d)), it avoided the reasons for continuing in the tender as a result of
a substantial change of circumstances that occur in the time from the initiation of the procedure for the
control, and that the contracting authority with regard to all the circumstances, he could not
anticipate and even caused,
(e)) in the course of the procurement procedure there were reasons worthy of special
considerations for the contracting authority to require that in the entry
the proceedings continued.
(3) the contracting authority may cancel the award procedure
and) until the conclusion of the contract, if this is the case predicted § 90 para. 2
or if it is not possible to conclude a framework contract with all selected
candidates, or
(b)) until such time as a decision about choosing the best deals, if it has been
only one offer is made or if all the deals except one
to be discarded.
(4) the contracting authority is entitled to cancel a negotiated procedure without prior publication or
proceedings on the basis of the framework contract to the time of conclusion of the contract.
(5) the contracting authority is entitled to cancel An award procedure also,
If you reserve this option in the notification of the initiation of the procurement procedure.
(6) the contracting authority is not entitled to initiate a procurement procedure, which
preceding the tender procedures with similar performance, before lifting the
such a previous contract award procedure.
(7) the sponsor sends a notification of the cancellation of the tender for publication
in the journal of public procurement pursuant to § 157 within 3 days from the date of receipt of the
the decision; This obligation does not apply only to the rules of procedure without
publication and management on the basis of the framework contract.
(8) the client is obliged to send written notice of cancellation of contract
management within 2 working days after receipt of the decision to all known interested parties
or tenderers, stating the reason.
(9) if the Procurement Office, paragraphs 7 and 8 shall apply mutatis mutandis.
Time limits shall run from the day on which the sponsor becomes aware of the acquisition of the legal
the decision of the Office.
§ 85
The written report of the contracting authority
(1) the contracting authority shall draw up a written report for each contract.
(2) the Written report shall contain at least the
and) the identification of the contracting authority, the subject-matter of the contract and the price
agreed in the contract,
b) type of award procedure chosen,
(c)) the identification of the selected tenderer or tenderers, if the
contract concluded with multiple people on the side of the applicant, the rationale for selection
the best deals and putting what portion of the contract is to be performed
through a subcontractor,
(d)) the identification of all applicants, and their offer price,
e) identification of candidates or tenderers, which were excluded from participation
in a procurement procedure and justification for their exclusion, or
identification of leads that have not been invited to submit a tender, to
meetings or to participate in the competitive dialogue, and the justification for this fact,
(f) the justification for the exclusion of a tenderer), which contained an extremely
low bid price, if such exclusion,
g) reason to use competitive dialogue, negotiated procedure with the publication of or
negotiated procedure without publication, if such an option was used,
h) reason for the cancellation of the tender, the tender was cancelled,
I) in the case of public contracts in the fields of defence and security
justification
1. exceeding the total duration in accordance with § 23 para. 5 (b). (b)), if the
This time is exceeded,
2. failure to comply with time limits pursuant to § 23 para. 7 (b). (b) point 5), if the
failure to comply with it,
3. the conclusion of the framework contract for more than 7 years, if such
contract is concluded.
(3) the contracting authority shall send a written report upon request of the European Commission or
The Office.
(4) the contracting authority shall publish a written report on the profile of the contracting authority no later than
within 15 days from the closing of the tender.
PART THREE
SPECIAL PROCEDURES IN PUBLIC PROCUREMENT PROCEDURES
TITLE I OF THE
PRIOR NOTIFICATION AND PERIODIC INDICATIVE NOTICE
§ 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.
§ 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.
§ 88
Periodic indicative notice as a way to begin restricted procedure or
a negotiated procedure with the publication of the
(1) the contracting authority may initiate An enhanced control or a negotiated procedure with the
the publication of regular ' notice under section 87.
(2) the periodic indicative notice referred to in paragraph 1 shall contain at least
and) the definition of the supplies, services or works which will be the subject of
public procurement,
b) information about the fact that public order will be specified in the restricted procedure or
negotiated procedure with the publication, without publication of a notice
about the initiation of the procurement procedure, and
c) challenge to vendors for expressions of interest to participate in the strict or the rules
control with the publication in due time and in writing.
(3) the contracting authority in writing invite all Sector leads, who, based on
challenges made in the periodic indicative notices referred to in paragraph 2 (a).
(c)) have expressed in writing to participate in the restricted procedure or the rules management with
the publication, in writing within a specified period to confirm their interest on the
participation and at the same time in this period have demonstrated compliance with the required
qualification. Sector, the contracting authority is entitled to submit a written request to the
confirmation of interest to participate in the first sentence not later than 12 months after the
the publication of a periodic indicative notice.
(4) Written on the invitation to confirm interest referred to in paragraph 3 includes participation
at least
and the quantity and the definition of the subject) the supplies, services or works
(b) the quantity and the definition of the subject) all options relating to the
related or subsequent public contracts and, if possible, even
the time estimate for the exercise of any options for repeating the public
contracts,
c) information whether the closer control or a negotiated procedure with the publication of,
(d) the start and end time) performance of the contract, where this is appropriate,
e) specifications or conditions of access or the granting of the award
documentation referred to in § 48,
f) identification of sector of the contracting authority,
g) economic and financial sector requirements of the contracting authority to
the eligibility of suppliers and other information and documents required
sector by the contracting authority,
h) information about the fact, that in the case of public supply contracts is
purchase, rental or lease of the goods with the law of the subsequent purchase (leasing), rental
or the leasing of goods or acquisition of goods or their combination,
and
I) information on the evaluation criteria under section 78, if not listed in the
periodic indicative notice, contract documents or call for
the submission of tenders.
(5) the contracting authority in writing invite all Sector leads, who, based on
the challenges referred to in paragraph 4 have confirmed interest in participating and meet the qualifications in the
to the extent required for the submission of tenders.
(6) a written challenge pursuant to paragraph 5 shall contain the particulars referred to in section
28 para. 4 or § 29 para. 4 If you have not already, however, some of these
information communicated to the suppliers in the invitation to confirm the interest in participation.
(7) For the procedure in the restricted procedure, and the negotiated procedure with the publication of the
the provisions governing the procedure in the appropriate procurement procedure,
unless otherwise provided in this section.
TITLE II
THE FRAMEWORK CONTRACT
§ 89
The General provisions of the framework contract
(1) the contracting authority is obliged to in the notice or shall award the
management of the State whether it intends to conclude a framework contract with one or more
applicants.
(2) if the contracting authority intends to conclude a framework contract with more applicants,
number of applicants shall not be less than 3; in this case, the sponsor is in
specifications must also include the objective way in which the
will be determined by the specific number of tenderers with whom it will be a framework contract
closed. The contracting authority may specify in the notice or the invitation to initiate
the award procedure to the maximum number of candidates which can be framed
contract is concluded.
(3) the Contracting Authority enters into a single framework contract, regardless of the
the fact that it concludes with one or more candidates. The contracting authority is
justified cases, shall be entitled to modify the offered conditions for performance
individual candidates in separate annexes to the framework contract,
in particular, if justified by the nature of the conditions of performance, protection of commercial
the necessity of maintaining secrets or competitive environment when you enter
public contracts based on a framework contract.
(4) if it is to be a framework contract is concluded with more applicants, the contracting authority is
in the specifications include text of the draft framework contract.
(5) the contracting authority is obliged to in the notice or shall award the
the proceedings include the duration of the framework contract. Duration of the framework contract
must not be longer than
and) 4 years, when the framework contract is concluded by the contracting authority, with
except in cases where it is justified by objective longer duration
causes relating in particular to the subject of the framework contract, or
b) 7 years, if it is a framework agreement on public procurement in the
the field of defence and security, with the exception of cases, when taking into account
the expected operating life of the supplied goods and technical difficulties that
could be caused by the change of the supplier; the contracting authority is obliged to these
objective reasons duly substantiated and indicate in the notice of the result of
the procurement procedure pursuant to § 83 para. 1.
(6) public contracts based on framework contracts shall be awarded
and the procedure under section 92), if the contracting authority, or
(b)) in the negotiated procedure without publication, in the case of sector of the contracting authority;
the provisions of § 34 paragraph 1. 2 (a). (c)), d), (e)), f), (h) and (i)))
If not used. In the event that any performance conditions are in the framework
the Treaty specifically defined, the contracting authority may use the sector
in accordance with § 92 para. 1 (b). and) or § 92 para. 2 accordingly.
(7) If, during the duration of the framework contract concluded with more than three
reduce the number of tenderers eligible tenderers to fulfil a public works contract
under the framework agreement under the 3, it is not the contracting authority, on the basis of this
a framework contract to enter the contract. This also applies in the case of the framework
contracts concluded pursuant to § 90 para. 2 with two candidates, if they are not
eligible to fulfill a public contract on the basis of the framework agreement by both
applicants.
(8) the award of public contracts on the basis of the framework agreement are not
the participants of the framework contract are entitled to negotiate substantial changes to the terms
laid down by the framework contract.
(9) where a framework contract Is concluded in the negotiated procedure with publication,
the provisions of § 32 shall not apply. If the design of the framework contract
negotiated in the framework of the negotiations with all candidates, with which it has to be a framework
contract, shall submit the revised design of the framework contract, the contracting authority, and
After the decision on choosing the most appropriate menu.
(10) the applicants who are parties to the framework agreement, they cannot submit
the joint bid for the performance of public contracts awarded on the basis of a framework
of the Treaty. The tenderer which is a party to the framework contract, may not be submitted
a joint bid with a vendor who is not a party to the framework contract.
The tenderer which is a party to the framework contract, it cannot be when entering
public contracts based on a framework contract subcontractor of another
the tenderer which is a party to the framework contract.
(11) the contracting authority shall award the contract based on a framework
the contract should request evidence of compliance with the qualification of the applicant, except in the case
referred to in paragraph 12.
(12) where a framework contract is concluded for a period longer than 1 year, it is
the contracting authority from candidates who are parties to the framework agreement,
the end of each year of the effectiveness of the framework contract shall be entitled to request
the demonstration of a qualification or part thereof up to the extent that was
required in the tender for a framework contract. The contracting authority is obliged to
applicants for the purposes of proving compliance with the qualification deadline
at least in so far as the time limit has been set for the demonstration of compliance with
qualifications in awarding the framework contract. Candidates who can demonstrate
meet the qualifications, it is not the contracting authority may invite to
the granting of benefits or to submit an offer by the time of the demonstration required
qualification.
§ 90
The selection of participants of the framework contract
(1) when you select multiple bidders, with which it has concluded framework
Agreement, shall be treated similarly to when selecting the most suitable candidates,
which is to be awarded, the contracting authority selects such a
the number of candidates who stated in the specifications.
(2) if the contracting authority is not able to select the number of applicants, which, pursuant to
paragraph 1, on the ground that he was not given a sufficient number of menus or these
the offer did not meet the requirements laid down by the law or by the sponsor or
a sufficient number of candidates meet the qualifications did not establish in the desired
the range, the contracting authority may enter into a framework contract with only those candidates
who meet these requirements. The provisions of § 89 paragraph 1. 2 shall not apply.
§ 91
The evaluation criteria when awarding public contracts based on a framework
of the Treaty
(1) in the event that the Contracting Authority chooses when they awarded the contract to
under the framework agreement, the same assessment criteria, such as when closing
the framework contract, the applicant is obliged to provide to the contracting authority for the performance of
public contracts at least such conditions, what he offered in the conclusion
the framework contract.
(2) the contracting authority may award the contract based on a framework
the contract to change the basic criterion of economic benefit
menus on a basic criterion the lowest bidding prices, narrow down the
range, or use a different weight of partial evaluation criteria, than
elected at the conclusion of the framework contract.
(3) the right to change the assessment of the criteria referred to in paragraph 2, the contracting authority is
only in the case that the other assessment criteria for the award of public
contracts based on framework contracts are defined at least General
way already in the contract documents.
§ 92
The award of a public contract by the contracting authority, on the basis of the framework
of the Treaty
(1) where a framework contract Is concluded with a single contender
and conditions) and any transactions are specifically defined in the framework contract,
the Contracting Authority enters into a contract with the applicant on the implementation of the public
the contract on the basis of the written invitation to provide the performance, which is a proposal for a
conclusion of the contract, and written confirmation of the challenge by the applicant, which is
the adoption of the draft Treaty, or
(b) all of the conditions they are not) in the framework contract specifically defined,
the Contracting Authority enters the public contract on the basis of the written invitation to the
submission of the bid.
(2) where a framework contract is concluded with more applicants and all the conditions
transactions are specifically defined in the framework contract, the procedure of public
When concluding the contract by the contracting authority on the implementation of the public procurement
and invite) in writing of the proposal to conclude a contract, always
the candidate, who is in the conclusion of a framework contract has placed first in the
the order; If the applicant rejects the claim, it shall invite the public
the tenderer by the contracting authority when concluding framework contracts placed
the next in the sequence; the contracting authority shall proceed in a similar manner until the
the time when the contract or refuses to submit the proposal ever
the candidate, who at the conclusion of the framework contract has placed last in the
the order, or
(b)) shall in writing ask to present a proposal on conclusion of the contract the tenderer
gradually for each individual public order according to the order in
which resulted in the conclusion of the framework contract; This method of selection
the contracting authority may apply only in particularly justified cases, with
given the nature of the subject of performance of the framework contract, in particular if the performance of the
wholly or partly determined on the basis of special legislation.
The contracting authority is obliged to in the design of the framework contract pursuant to § 89 paragraph 1.
4 provide one way of selecting candidates for public contracts
awarded on the basis of a framework contract as referred to in point (a)), or (b)).
The contract with the selected tenderer, the contracting authority concludes the adoption of the draft
at the conclusion of the contract submitted by the selected bidder. The contracting authority
is not obliged to require them to submit a proposal on conclusion of the contract the tenderer,
who should be invited depending on the selection in accordance with subparagraphs)
and (b)), if it is clear that the selected candidate is not for objective reasons
able to perform the contract to the contracting authority to provide.
(3) where a framework contract is concluded with more applicants and all the conditions of
they are not specifically defined in the framework contract, the public
the contracting authority shall award the contract to the selected candidates, after prior written
the invitation to tender on the basis of the evaluation criteria set out in
accordance with § 91.
(4) the Written invitation to tender shall contain in addition to the General description
the desired performance requirements referred to in § 34 paragraph 1. 2 (a). a), b), (g)), and
I). in the case of a framework contract referred to in paragraphs 1 and 2, § 34 paragraph 1. 2
(a). I) does not apply.
(5) when awarding contracts based on a framework agreement, the Parties shall not
no circumstances make substantial amendments to the terms laid down in the
This framework contract.
TITLE III
DYNAMIC PURCHASING SYSTEM
§ 93
Establishment of the dynamic purchasing system
(1) for the purposes of public procurement, the purpose of which is the acquisition of
the current, generally available goods, services or works may
in an open procedure, the contracting authority set up a dynamic purchasing system.
(2) the establishment of the dynamic purchasing system, and the inclusion of suppliers to
dynamic purchasing system, contracting authority shall proceed in accordance with the rules
open procedure up to the moment of the award of public contracts in a dynamic
the purchase of the system.
(3) a prerequisite for the introduction of a dynamic purchasing system is the publication of the
This fact in the notice of the open procedure. Notice of an open
the procedure for setting up the dynamic purchasing system is a challenge to the Administration
the indicative tenders. In the notice of the open procedure concerning the introduction of
dynamic purchasing system, contracting authority shall also Internet
the address from which the contract documents is available.
(4) a dynamic purchasing system could not be loaded for the purpose of conclusion of framework
contracts and public procurement in the defence sector or
safety.
(5) a dynamic purchasing system may not last for more than 4 years, except
exceptional and duly justified cases.
(6) the contracting authority shall provide suppliers with a full and unrestricted, direct remote
access to the contract documents from the publication of a notice of an open
the procedure for setting up the dynamic purchasing system until the end of the duration of the
the dynamic purchasing system.
(7) the contracting authority shall specify in the notice the open procedure concerning the introduction of
the dynamic purchasing system, and in the contract documents at least
and the nature and subject-matter) public contracts to be awarded in the
dynamic purchasing system
(b)) the conditions for inclusion in the dynamic purchasing system, which must
also contain requirements on the qualifications of the supplier; This is true for
sector of the contracting authority only if proof of compliance with qualification
requests,
c) evaluation criteria for public procurement in a dynamic
the purchase of the system, if it is given the time gap to the award
public procurement in the appropriate dynamic purchasing system
d) information relating to the dynamic purchasing system, and used
electronic equipment and
(e)) preliminary information regarding the submission of tenders.
(8) in the introduction of the dynamic purchasing system, and the award of public
contracts for the dynamic purchasing system used by the contracting authority and the supplier
exclusively by electronic means pursuant to section 149.
§ 94
The inclusion of the dynamic purchasing system
(1) the contracting authority shall allow for the duration of the dynamic purchasing system
each vendor may submit a preliminary offer.
(2) the sponsor shall be included in the dynamic purchasing system vendor that
meet the conditions for the admission to a dynamic purchasing system
submit an indicative tender, in accordance with the requirements of the contracting authority.
(3) the contracting authority shall consider the indicative tender within 15 days from the date of its
delivery. This time limit may be extended as reasonably
provided that in the meantime will not make any call for the submission of tenders.
(4) the contracting authority shall send the decision on the classification of suppliers to the dynamic
purchasing system or refusal within the time limit referred to in paragraph 3.
The decision on the refusal of the preliminary offers of the supplier, the contracting authority must
justified.
(5) the contracting authority shall allow for the duration of the dynamic purchasing system
the vendor to modify the preliminary bid, provided that it remains
continue to comply with the conditions for inclusion in a dynamic purchasing
the system.
§ 95
The award of a public contract in a dynamic purchasing system
(1) a public contract is entered in the dynamic purchasing system
the basis of calls for proposals.
(2) before sending an invitation to tender in a dynamic purchasing system
the contracting authority shall publish a simplified notification; This does not apply if the public
order entered pursuant to a notice under section 93 para. 3.
(3) the Simplified notification, the contracting authority encourages the contractor to submit
the indicative tenders. Deadline for submission of preliminary bids shall not be
less than 15 days from the date of publication of the simplified notification.
The provisions of § 94 paragraph. 2 to 4 shall apply mutatis mutandis.
(4) the intention to award a public contract in a dynamic purchasing system Announces
the sponsor of all candidates listed in the challenge system to submit a tender.
(5) the Written invitation to tender shall contain at least
and) details of access to the contract documents,
(b) information on the publication of simplified) notification,
(c) the time limit for the submission of tenders),
(d)) instead of submission of tenders,
e) information on the evaluation criteria under section 78 and
f) information about the fact in which language can be tender is made.
(6) a call for the submission of tenders, the contracting authority submits the candidates listed in the
dynamic purchasing system until after the assessment of all
preliminary offers for the submission filed within the indicative tenders according to the
the simplified notification.
(7) in the invitation to tender, the contracting authority shall set a deadline for the submission of
of tenders which shall be not less than 7 days. The contracting authority may specify the
the evaluation criteria in the invitation to tender.
TITLE IV
ELECTRONIC AUCTION
§ 96
The conditions and extent of use of electronic auctions
(1) the contracting authority may in the open procedure, the restricted procedure, negotiated procedure with the
by posting or in simplified proceedings to take advantage of lower
electronic auctions as a means for the evaluation of tenders. In the rules
with the publication of the proceedings, the contracting authority may make use of an electronic auction
as a resource for the evaluation of tenders in the case referred to in section 22
paragraph. 1 if it is not a contract in the field of defence or
safety. The electronic auction may not be used, in the case of public
contract for works or services, the object of which is the performance of the
relating to intellectual property rights.
(2) the contracting authority may make use of an electronic auction for reviews
menu bar, in the case of contracts awarded in the dynamic purchasing
system, or on the basis of the framework contract.
(3) a prerequisite for use of the electronic auction is the publication of this
fact in the notice or the invitation to tender.
(4) the use of the electronic auction, the contracting authority must award
the conditions include at least
and evaluation criteria) can be expressed in numbers and whose values
will be the subject of electronic auction,
(b)) any restrictions on the new values of tenders tenderers to the respective
assessment criteria referred to in point (a)), which will be presented in the course of the
electronic auctions (hereinafter referred to as the "auction value"),
c) information which will be made available to tenderers in the course of the electronic
the auction, where appropriate, indication of when such information will be provided to them,
d) information on how electronic auction
e) conditions under which candidates will be entitled to in the context of electronic
the auction to submit new auction values, in particular the establishment of minimum
the differences for the individual administration auction values, where this is due to the
their nature suitable, and
(f)) information related to the used electronic means and other
technical information necessary for electronic communication.
§ 97
The course of the electronic auction
(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 ").
(2) after the preliminary assessment, the contracting authority shall invite all tenderers who
in the framework of the preliminary assessment were not excluded, to submit a new auction
the values of the electronic auction. The call must be sent to the tenderers
by electronic means.
(3) call the contracting authority referred to in paragraph 2 shall contain all the information
necessary for individual connection to electronic tools used
for the implementation of an electronic auction, the date and time of the start of the electronic
auction. If the information under the first sentence already in procurement
conditions, it is sufficient to provide a link in the invitation to tender conditions.
(4) if the underlying endpoint economically advantageous offer,
invitation referred to in paragraph 2 must also contain
and the result of the preliminary evaluation of) the relevant applicant, and
(b)) the mathematical formula that is used for electronic auction
determine automatic rerankings on the basis of the tenders of the new auction
values and that must include all minor assessment criteria
published in the notice or the invitation to tender.
(5) the electronic auction may not start sooner than two working days after the
send all calls referred to in paragraph 2. The default state for electronic
auctions are the results referred to in paragraph 1.
(6) electronic auction may consist of individual time periods
(hereinafter referred to as "wheels"). With a length of auction rounds and other details
about each auction rounds the sponsor is obliged to inform the applicant
in the invitation referred to in paragraph 2.
(7) throughout the electronic auction the contracting authority is obliged to candidates
to communicate information about its current order, or on the currently best
auction values. The contracting authority may also provide additional information about
affected prices or values in the manner prescribed in the invitation referred to in
paragraph 2, provided that it has reserved in procurement conditions.
The contracting authority is entitled to the tenderers at any time in the course of the electronic auction
announce the number of participants in the auction round. However, the contracting authority shall not
disclose the identity of participants in electronic auctions during any
its phase.
(8) the Applicant is entitled to require the contracting authority information relating to the
auction values submitted by the other bidders, if this right of the contracting authority
He admitted in the specifications or in the invitation referred to in paragraph 2.
(9) the contracting authority is entitled to terminate an electronic auction
and) in a predetermined day and time
b) if does not receive any new auction values that would meet
minimum requirements for individual differences of administration; in this case,
the contracting authority may, in the invitation referred to in paragraph 2 to indicate whether or not the time that must
to elapse after receiving the last submission with a new auction value before the
than an electronic auction closes, or
(c)) if the exhausted the number of auction rounds, as set out in the invitation referred to in
of paragraph 2.
(10) the manner of their electronic auction, the contracting authority shall state in the invitation referred to in
of paragraph 2. If the Contracting Authority chooses how their electronic auction
pursuant to paragraph 9 (b). (c)), possibly in combination referred to in subparagraph (b)), the
in the invitation to participate in the electronic auction also needed the time data on the
each auction round.
(11) after their evaluation Committee will examine the e-auction bidding
price according to § 77.
TITLE V OF THE
OTHER INSTITUTES
§ 98
Entering parts of public procurement
(1) the contracting authority may award the contract on the part of the split, if permitted
the nature of the subject of the contract.
(2) in the case of the Division of public procurement on the part of the contracting authority shall indicate the
fact in the notice or the invitation to tender and shall specify
the subject of the individual parts of the contract and other requirements
related with the distribution of public procurement on the part.
(3) if the contracting authority has divided the public procurement on the part of, shall be specified in
notice or the invitation to tender, whether the supplier is
entitled to submit a bid for all or some parts of the contract or
only one part of the contract.
(4) If a contract is broken up into parts, the provisions of
This Act relating to the procedures of the contracting authority in the tender or the rights of
and the supplier's obligations to each individual part, unless of
This act otherwise. The provisions of § 13 para. 4 this does not prejudice.
(5) if it appears from the nature of the performance, that can be the subject of the public-limit
procurement of supplies, services or works to separate
section, the contracting authority is authorized to enter these parts of the supplies, services or
construction work procedure laid down for below-limit public procurement
provided that the estimated value of the appropriate section in the case of deliveries
and services is lower than the corresponding amount of EUR 80 000, and in the case of
works less than the corresponding amount of EUR 1 000 000,
provided that the total estimated value of all such input
parts does not exceed 20% of the estimated value of the subject across the public
of the contract. The provisions of § 19 para. 1 this does not prejudice.
§ 99
Right of option
(1) Warrants the right means the right of the contracting authority to provide additional
the supplies, services or works which the sponsor's
reserved in the specifications of the original public contracts awarded in the
an open procedure, the restricted procedure or a simplified management, lower and
in the case of public contracts in the defence or safety, even in
competitive dialogue. The contracting authority is entitled to right of option only in
relation to the vendor that has entered the original contract.
(2) award a public contract on the basis of the right of option can
the sponsor only in the negotiated procedure without publication; However, you cannot
award a public supply contract. If the use of the right of
the contracting authority subsequent to the framework contract concluded with the
one contender, it is possible to award a public contract on the basis of the
right also according to § 92 para. 1, and provided
the legal requirements are met.
(3) the contracting authority is not entitled to right of use if the
and price) of value added tax, which would be required to pay for
the execution of the contract or its part in the use of the optional
law, exceeds by more than 30% of the estimated value of the performance
the corresponding optional law, or part thereof, which has been set before
the start of the original tender in procurement terms, or
(b) the price performance of the corresponding optional) law, without value added tax
more than 30% of the price of the original contract.
(4) in the menu on the contract, at which the contracting authority's entry
reserved the right of option, shows the amount of the offer price, the supplier only in
relation to those portions of the performance of the contract, that is not optional
law, unless otherwise provided by the contracting authority in procurement conditions.
(5) the contracting authority is at the start of the procurement procedure shall provisionally
provide for the use of the optional rights and define the basic subject of performance
public contracts concerning the right of option.
§ 100
Offers involving shipments originating in third States,
(1) this provision applies to offers that include delivery
originating in States with which the European Union has not concluded an international agreement,
to ensure comparable and effective access for suppliers located
or resident in the territory of a Member State of the European Union on the
markets of these countries. Obligations of the United States against such States by
are not affected.
(2) in the case of public supply contracts, the contracting authority may sector
to refuse any bid, where the proportion of the value of supplies originating in the
States as specified in the applicable legislation of the European Union directly ^ 57)
more than 50% of the total value of the supplies contained in the menu.
(3) where two or more tenders in terms of evaluation criteria
equivalent, the contracting authority shall give priority to the sector menu you can
refuse in accordance with paragraph 2. The offer price for the purposes of such offers
This provision, be deemed to be equivalent, if the price difference is not
greater than 3%.
(4) the contracting authority may not prioritize Sectoral deals in accordance with paragraph 3,
If the adoption of such offers he was forced to take the device with
different technical parameters than are the parameters of its existing
the device, which would result in incompatibility, technical difficulties
in operation and maintenance, or disproportionate costs.
(5) To share supplies originating in the States referred to in paragraph 2 shall
do not include supplies from the States, which, on the basis of the Council decision
The European Union covers the ability to benefit from the legislation of the European
Union.
§ 101
Advantage vendors employing persons with disabilities
(1) if so provided by the contracting entity in the notice or shall award the
proceedings, may participate in the procurement procedure only a supplier who
It employs more than 50% of persons with disabilities under a special
^ Law 58) of the total number of employees of the supplier.
(2) the fact that the supplier has more than 50% of people with
disabled persons referred to in paragraph 1, the supplier shall be listed in the
the menu, together with the confirmation of the Labour Office, the United States-regional
branches or offices for the city of Prague (hereinafter referred to as "regional branch
The Labour Office ") or send with the receipts or the decisions of the authority of the social
the security relating to persons with disabilities.
(3) the application of this provision is to exclude the possibility to prove
the facts referred to in paragraph 2 through other people.
(4) if the open procedure, the restricted procedure or a simplified
case management when entering a below-limit public supply contracts
or service supplier with more than 25 employees, of whom
It is more than 50% of the staff persons with disabilities ^ 58), is
for the evaluation of tenders determined above the offer price for this vendor
reduced by 15%. The provisions of § 82 para. 4 this does not prejudice.
(5) the facts referred to in paragraph 4, the contractor shall prove in relation to
each of the four preceding calendar quarters prior to the opening date of the
the procurement procedure. To determine the total number of employees of the supplier
and employees who are persons with disabilities, is a decisive
the average quarterly number of employees under a special
^ Law 60).
(6) the evaluation of the offer price of the supplier referred to in paragraph 4 is only possible
If the facts referred to in paragraph 4 shown in menu
presentation of a certificate locally competent regional branch office work.
PART FOUR
SPECIAL PROCEDURES
TITLE I OF THE
COMPETITION FOR THE DESIGN OF
§ 102
The use of design contest
(1) this section applies to an act of the contracting authority, if the estimated
the value of the design competition corresponds to at least exceeds the threshold laid down by the
an implementing regulation in accordance with § 12 para. 1 for public works contracts
the service. The contracting authority may proceed under this part of the Act i
If the expected value of the competition for the design of this financial
It has reached the limit.
(2) this part of the Act does not apply to the organisation of design contests
and) in cases in which this Act does not apply to the award of
public procurement pursuant to § 18 para. 1 (b). a), b) and (h)) and § 18 para. 2
(a). a), h) and (i)),
(b)) in cases in which this Act does not apply to the award of
public procurement pursuant to § 18 para. 2 (a). (h)), when it comes to public
the contracting authority,
(c)) in cases in which this Act does not apply to the award of
public procurement pursuant to § 7 para. 2 (a). a), as regards the sector
the contracting authority,
d) sector in connection with the exercise by the contracting authority, other than the relevant
activities referred to in paragraph 4 or in connection with the performance of the relevant activities;
If the scope of application of this Act in relation to the relevant activities was
excluded in accordance with section 20,
(e)) in the field of Defense and security.
§ 103
Competition for the design of
(1) design contests shall mean the procedure of the contracting authority, pointing to obtain
the design of the project or plan (hereinafter referred to as "the proposal"). The proposal means in writing
or graphically expressed as a result of your own creative activities those interested in
the participant's participation in, or design contests.
(2) this Act regulates the following types of design competition
and an open design competition),
(b) design competition), more closely.
(3) the contracting authority will use the design competition, in particular in the field of spatial
planning, architecture, engineering or data processing.
(4) competition for the proposal, the contracting authority shall apply, if the
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
design contests.
(6) the contracting authority shall not be entitled to restrict the participation of candidates in the competition for the design
referring to a territory or part of the territory of a Member State of the European
Union.
(7) detailed rules for the procedure in the contest for the proposal lays down the detailed
legal prescription.
§ 104
The notice of the competition for the design and method of communication
(1) a competition for the design of the publication of the notice initiating the design competition.
For the publication of a notice of design contest under section 146 and 147 shall apply
the sponsor form by the directly applicable European Union legislation ^ 61).
(2) the contracting entity in the notice of competition, the proposal provides for an open
design competition deadline for the submission of proposals, and in the case of enhanced competition for the
design of the period within which interested parties may participate in the competition for the design (hereinafter referred to as
"those interested in participation") may submit a request to participate.
(3) the contracting authority is entitled to in the notice of the competition for the design or the competition
conditions lay down requirements for proving compliance with the qualification of leads
to participate in or participants in design contests. For the determination of the requirements for the
proving compliance with the qualifications and the assessment of the qualifications it's head
In part two of the Act apply mutatis mutandis.
(4) the sponsor shall ensure that the communication, transmission and storage of documents or
information so as to ensure the protection of any such documents or
information.
§ 105
The progress of the design competition
(1) no later than on the date of publication of a notice of the competition for the design is the sponsor
obliged to make the conditions of competition or allow them to pick up all the
those interested in participating. To provide competitive conditions, of the additional questions
to them, and a tour of the place of performance shall apply section 48 and 49, by analogy with the fact that the
provisions applicable to the open procedure, in which the time limits have not been
changed pursuant to section 40 and 42. In the case of narrower design competition can be
conditions of competition also the annex calls for proposals.
(2) Proposals shall be submitted in writing within the time limit for the submission of the proposal. The proposal must
be filed properly sealed envelope marked in the manner prescribed in
competitive conditions. The provisions of § 69 para. 1, 3 and 4 shall apply
by analogy.
(3) the sponsor shall ensure that during the entire period of design contest until
the publication of the results of the evaluation of proposals, the anonymity of the proposals received at least
to the jury in the evaluation of proposals was not able to assign to the proposal
participant's design competition who made it. Way to ensure the anonymity of the
the contracting authority shall indicate in the competition conditions. If a participant fails to comply with the competition for the
the design requirements of the contracting authority, the Contracting Authority relating to the anonymity of this
the participant of the competition for the design excludes the participant
design contests shall notify and invite him to take over his proposal.
(4) the sponsor shall ensure that the members of the jury familiar with the contents of
the proposals, however, the first after the final date for submission of proposals.
(5) the contracting authority rejects the request to participate, or suggestions submitted after the expiry of the
the deadline for the submission of requests to participate or the deadline for submission of proposals and shall invite the
those interested in attending or participants in design contests to take their
proposals.
Section 106
Composition and decision-making process of the jury
(1) the assessment and evaluation of proposals conducted by a jury. The sponsor shall appoint
members of the jury for the evaluation of proposals and their surrogates and their names
publish not later than on the day of publication of the notice of competition and the competition
terms and conditions. For the assessment of the proposals by the jury, § 76 para. 1, 2 and 6 shall apply
by analogy. The jury excludes the proposal also if it does not meet the requirements for
to ensure anonymity. In the notice of the exclusion of the contracting authority invites the participant
design competition to take over his proposal.
(2) the jury shall be composed exclusively of natural persons, which must be
in relation to the participants in the competition for the design of unbiased. Most of the members of the jury
must be independent in relation to the contracting authority. Independent means
members of the jury, who are not with the contracting authority in a stable relationship,
where appropriate, in respect of employment, the staff regulations and the like. About your
the impartiality and independence of the members of the jury shall take before beginning your
the activities of the written statement.
(3) if from participants in design contests requires a qualification,
must have at least half of the members of the jury, similar or equivalent
qualification. All designs must be evaluated by the same members of the jury or
their surrogates, unless this is not in particularly justified cases,
possible.
(4) the jury shall evaluate proposals based on evaluation criteria that
was listed in the notice of design contest and possibly in more detail
specified in the conditions of competition in the manner laid down in the
competitive conditions.
(5) the jury shall be drawn up on how the evaluation of proposals and the establishment of their
the order of the Protocol signed by all jury members or alternate members,
who evaluated the proposals.
(6) the jury may in the Protocol on the evaluation of proposals under paragraph 5 give
additional questions and recommendations on certain aspects of some of the proposals.
(7) the Protocol on the evaluation of proposals, the jury passes to the sponsor. After the transfer
log in the first sentence, the contracting authority shall invite the participants to design contests
participation in the publication of the results of the evaluation of proposals, and at least 5
working days in advance. When the publication of the results of the evaluation are members of the
the jury are entitled to with the participants in design contests to discuss additional questions
in accordance with paragraph 6. If this is justified by the nature of the subject of the competition, it is
by the contracting authority in exceptional cases on the basis of the discussion
additional questions under the second sentence to establish competition participant
proposal for a reasonable period of time to provide additional answers, or document.
The jury may change the order of the proposals referred to in the Protocol on the evaluation of proposals
only in the case that the provision of additional response or a document throws
the need for substantial changes in the evaluation of proposals according to the evaluation criteria
referred to in the notice of design contest.
(8) on the progress of the publication of the results, the evaluation of proposals and the possible
consideration of the additional questions under paragraph 7, the contracting authority shall draw up a
a written report stating the conditions of publication of the proposals. If this is
their nature, must be exposed.
(9) the contracting authority is bound by the jury's assessment set out in the Protocol on the
the evaluation of proposals. The contracting authority shall decide on the new assessment and evaluation
the proposals, if it finds that the jury in the assessment and evaluation of proposals
violated the procedure laid down in this Act or the competition rules; for
this purpose may appoint a new jury. The reasons for the reassessment and
the evaluation of proposals will connect to the original protocol for the assessment and
proposals.
§ 107
The decision to choose the most suitable design
(1) the decision to choose the most suitable design or designs shall be
the contracting authority. The contracting entity sends notice of the selection of the most suitable design
all participants in design contests, who have not been excluded from participation in the
the competition for the design, and it's within 5 working days from the date of adoption of this
decision. For the possibility of opposition § 110 and 111 apply mutatis mutandis.
(2) in the notice of the selection of the best proposal, the contracting authority shall invite participants
design competition whose proposals were selected, to take them over.
(3) the contracting authority submits the results of design contest for publication in a manner
referred to in section 146 and 147, and within 15 days of selection decisions
the most suitable proposal. For the publication of the outcome of the competition for the design of it
the sponsor form by the directly applicable European Union legislation ^ 61).
(4) the contracting authority is entitled to request that the result of the competition for the
the proposal has not been made public, if its publication would entail infringement of the
a special legal regulation, or would be contrary to the public interest,
or could violate the right of the participant of the competition for the design of the business
the secret of the competition, or it could affect competition.
Sector, the contracting authority may provide that it shall not be available also
information relating to the number of proposals received, the identification of the participants
design contests or prizes.
section 108
Cancellation of design contest
Reserved if the contracting entity in the notice of the competition for the design or in the
competitive conditions and established at the same time the conditions for compensation
the participants of the competition, may cancel the contest for the design at any time until the
the jury's decision on the most appropriate design. In this case, sends to all
known to those interested in participating, or participants in the design contest notice of
cancellation within 3 days from the date of adoption of the decision, stating the reasons, and shall invite the
It is to accept their proposals. 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
decision. For the publication of a notice of cancellation of the competition for the design of it
the sponsor of the form provided for by the implementing regulation.
section 109
Special provisions for the preservation of documentation about the competition for the design of
Returns a sponsor Contest participants to design their designs pursuant to § 105
paragraph. 3, § 105 para. 5, § 106 paragraph. 1, sec. 107 para. 2 or § 108 is
such proposals shall take appropriate documentation that you
subsequently kept under section 155.
TITLE II
THE SELECTION OF SUBCONTRACTORS IN THE CASE OF PUBLIC CONTRACTS IN THE DEFENCE SECTOR OR
SAFETY
section 109a
How to select a subcontractor
(1) the selected candidate, unless the contracting authority referred to in paragraph 2, the procedure referred to in
This title in the selection of subcontractors in the case of public procurement in the
field of defence or security, if so provided by the contracting authority in the
procurement conditions.
(2) the subcontractor for the purposes of paragraph 1, does not consider the person against
that candidate is selected, the controlling or controlled entity referred to in
special legal regulation ^ 13) or a person who, together with the
the selected candidate controlled by another person under a special
law ^ 13); in such a case, the Tenderer shall state the full list
These people in your menu and updates it without undue delay after the
any change in the relations between such persons.
(3) the selected candidate is obliged to observe the principles in the selection of subcontractors
referred to in § 6 (1). 1.
section 109b
Notice of subcontract
(1) in the event that the estimated value of public contracts, which
is the subcontractor, is at least the financial limit established
the implementing regulation for public contracts in the defence sector or
Security shall publish the selected candidate notice of subcontract. The provisions of the
§ 13 to 16 for determining the estimated value of the public contract section
shall apply mutatis mutandis.
(2) if the contracting authority in the contract specifications
the requirements on the qualifications of the subcontractor pursuant to § 50 para. 1 (b). a) to
(d)), the applicant is selected in the notice of a subcontract. The selected candidate
is entitled to indicate in the notice of subcontract any additional requirements,
that will enable the objective assessment of the qualifications of the subcontractor. These
qualifications and other requirements shall be objective,
non-discriminatory, in accordance with the qualifications required by the contracting authority when the
the award of public contracts and must immediately and reasonably related to
the subject of performance provided by the subcontractor.
(3) If a part of the contract, which is to perform the subcontractor,
otherwise, the conditions for the use of the negotiated procedure without publication,
the selected candidate is not obliged to publish the notice of subcontract.
(4) the selected candidate is not required to select a subcontractor procedure laid down in
of this title, if the contracting authority establishes that none of the subcontractors
participating in the proceedings or their menu does not meet the requirements referred to in
notice of subcontract and therefore this procedure made it impossible for him to fulfill the
public contract.
PART FIVE
PROTECTION AGAINST INCORRECT PROCEDURE, THE CONTRACTING AUTHORITY
TITLE I OF THE
OBJECTIONS
§ 110
Range and method of opposition
(1) when entering the excess and podlimitních public procurement or
the competition for the design of any supplier who has or had an interest in the
to obtain a particular public contract and who as a result of the alleged breach of the
Law Act of the contracting authority are threatening or suffer on his rights (hereinafter
"the complainant"), the contracting authority may submit reasoned objections.
(2) an objection may be lodged against all acts of the contracting authority and the complainant must
delivered to the contracting authority within 15 days, and in the case of a simplified case
the proceeding within 10 days from the date of the alleged breach of the Act, Act
the contracting authority becomes aware, or at least to the time of conclusion of the contract.
(3) objections to the entry conditions, the complainant must deliver
the contracting authority no later than 5 days from the end of the period for the submission of tenders.
(4) the objections to the decision on choosing the most appropriate menu or against
the contracting authority's decision to exclude from participation in a procurement procedure must
the complainant delivered to the contracting authority within 15 days, and in the case of a simplified
case management within 10 days from the date of receipt of notice of selection
the best deals contract under section 81 or decision on
exclusion from participation in a procurement procedure.
(5) in the event that the contracting authority will publish a voluntary notice of intent
enter into a contract pursuant to § 146 paragraph. 2, can oppose the intent of the
enter into a contract without prior publication of a notice of the initiation of the procurement procedure to the
30 days of the publication of a notice of intent to enter into a contract.
(6) prior to the expiry of the period for lodging objections under paragraphs 3 to 5, and the
the period of service of the decision of the contracting authority, the contracting authority may not close on objections
the contract.
(7) the opposition shall be filed in writing. In the objections must state who the complainant
is served, against which the Act of the contracting authority are heading and what is seen as a
violations of the law. In the objections referred to in paragraphs 2, 3 and 5, must be mentioned,
What is the injury to the complainant as a result of the alleged breach of the law or threatens to
It was founded and what the applicant is seeking. In the case of objections under paragraph 2,
the applicant must indicate whether or not to argue the grounds for
the determination of the moment of alleged violations of the law an act of the contracting authority
learned. Objections not containing particulars under this paragraph
the contracting authority shall, without delay, in writing, and will refuse to inform
the complainant. The notice of opposition is duly and on time condition for the submission of the proposal
the review procedure, the contracting authority, in the same case. Proposal to impose
the prohibition of the performance of the contract under section 114 para. 2 can the complainant to submit, without
the previous opposition.
(8) a candidate or tenderer can the rights of the opposition against the decision of the
about choosing the best deals, or against a decision of the contracting authority of its
exclusion from participation in a procurement procedure in writing to give up; rights of
opposition candidate or tenderer may give up until after the formation of the right to bring
objections. If the candidate or the candidate gave up rights to the opposition,
applies, the time limit for the submission of objections in relation to the lead or
candidates has elapsed.
(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.
§ 111
The procedure of the contracting authority when reviewing the objections
(1) the contracting authority shall review the filed objections in its entirety and within 10 days from the
receipt of the objections to the complainant sends a written decision on whether
the opposition of the suits or not, stating the reason. If the contracting authority
the objections shall be specified in the decision of how to implement a remedy.
(2) if the contracting authority does not pass, inform the complainant's objections in a written
a decision on the possibility of submitting within the time limit under section 114 para. 4 a proposal to
initiation of a review of the acts of the contracting authority with the authority and deliver in the same
a copy of the proposal to the contracting authority within the time limit.
(3) the submitted objections and the decision of the contracting authority, without delay, about them
shall inform all tenderers, and if not expired at the time of execution of the
the opposition time limit for the submission of tenders, all of the lead.
(4) the contracting authority does not decide on the objections that have been filed out of time, or
that the complainant took back. The contracting authority shall notify this fact to the
to the complainant. When taking the complainant objection, is not entitled to in
the same things to initiate proceedings for review of acts of the contracting authority for
The Office.
(5) if the contracting authority received objections within the time limit referred to in paragraph 1
the contracting authority shall not, before the expiry of the deadline for the submission of the proposal on
initiation of a review of the acts of the contracting authority, and if this proposal
filed on time, within a period of 45 days from the date of receipt of the opposition to a contract.
If the contracting authority has not decided about the objections within the time limit referred to in paragraph 1 shall apply,
the opposition has not complied with. If before expiry of the period referred to in the first sentence,
the procedure for review of acts of the contracting authority terminated the prohibition to contract
is cancelled on the date of termination of the proceeding.
(6) if the contracting authority in the course of the procurement procedure, that any act of
He broke the law, shall adopt measures to remedy it, even in the case when
such an Act did not receive objections.
TITLE II
SUPERVISION OF COMPLIANCE WITH THE LAW
Part 1
Supervision over public procurement
§ 112
The exercise of supervision over public procurement
(1) the Office shall exercise supervision of the procedure, the contracting authority the award of 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.
Part 2
The procedure for review of acts of the contracting authority
§ 113
Initiation of proceedings
The procedure for review of acts of the contracting authority shall be initiated upon a written request
the complainant (hereinafter referred to as "the applicant"), or ex officio.
section 114
A proposal from the
(1) an application may be filed against all acts of the contracting authority to exclude or
could exclude the principles set out in section 6, and as a result there is a risk
or suffer on the rights of the applicant, in particular against
and contract conditions)
(b) the content of the notice or invitation) of the initiation of the procurement procedure,
(c) applicants from) the exclusion of the procurement procedure,
(d)) decision about choosing the best deals,
(e) the use of species) of the procurement procedure.
(2) after the conclusion of the contract, you can submit a proposal only
and against the conclusion of the contract), without prior publication of the contract award procedure
(b)) violation of the prohibition against the conclusion of the contract provided for by this Act
or a provisional measure in accordance with § 117 paragraph 1. 1, or
(c) in the case of the procedure of the contracting authority) pursuant to § 82 para. 3.
The applicant can claim only the imposition of ban on the performance of the contract.
(3) a draft addition to the General requirements for filing ^ 64) must contain the indications
the contracting authority, in what is seen as a violation of the law, as a result of
the claimant threatens or suffer on his rights, the proposals on
the taking of evidence, and what the appellant seeks. The applicant is obliged to
connect to the proposal in electronic form of the written evidence
that suggested, are not included in the documents of the public
the order. Part of the proposal is evidence of a deposit under section 115 and in the
the case of the draft to be sent to the Office before concluding the contract on the public
the contract also proof of delivery of the objections to the sponsor and proof of
you reopen the lodging of the security pursuant to section 67 para. 4.
(4) the proposal must be delivered to the Office and a copy to the contracting authority in the 10
calendar days from the date on which the complainant received a decision establishing the
the contracting authority has not complied with the opposition. Proposal to impose ban on the performance of the contract
referred to in paragraph 2 shall be delivered only to the Office within 30 calendar
days from the date on which the Contracting Authority published a notice of conclusion of the contract
manner according to section 147, stating the reason for the award of public contracts without
the publication of the contract notice, but not later than 6 months from the
the conclusion of this agreement.
(5) if the contracting authority did not satisfy the objections pursuant to § 111 paragraph. 1, the proposal on the
the imposition of measures to remedy the deliver of the authority and the contracting authority no later than 25
calendar days from the date of dispatch of the opposition by the complainant.
(6) the contracting authority is obliged to submit its observations to the Office received design
within 10 calendar dnůů from its delivery. Together with this expression
shall send the documentation to the public order or the competition for the design. In the case of
the proposal on the prohibition of the performance of the contract is obligated at the same time the Office of
send a copy of the contract and mark any reasons for
the continued performance of the contract within the meaning of § 118 paragraph. 3.
(7) the time limit for issuing the decision begins to run from the time of delivery
observations and documentation of the public order or the competition for the design,
where appropriate, a copy of the contract in accordance with paragraph 6. The time limit for
the decision, however, does not begin to run before to supplement
General requirements for filing, the designation of the contracting authority in the proposal and putting in
the proposal, what the appellant seeks.
(8) the 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).
(9) section of the documentation for public order or the competition for the design of an unlisted
in paragraph 8 and part of the tender documents or non-text competition
the sponsor is required to send a proposal to the Office in paper form,
through a data box ^ 86) or as a data message signed
recognized electronic signature ^ 87).
(10) the details of the proposal referred to in paragraph 3, first sentence, and the second may not 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
the notice of initiation.
section 115
Security deposit
(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.
(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).
(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)).
(4) if the Office decides otherwise than provided in paragraph 2, and
3, return the bail, together with interest to the applicant within 30 days from the date of acquisition
the legal force of 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). and) decide to
the fact that the contracting authority had committed an administrative offense under § 120 paragraph 1. 1.
(5) the deposit shall be credited to the account of the Office no later than the last day of the period
set out under section 114 para. 4 or 5 for the service of authority.
§ 116
Parties to the proceedings
Party to the proceedings is the sponsor and the proceedings commenced on the proposal also
the appellant; If the subject of the management review of the decision on the selection of
the best deals or the decision to choose the most suitable design, is
the party also selected a candidate or tenderer competition
the proposal. In proceedings of committing an administrative offense is a participant in the person
suspected of a criminal offence.
§ 117
Interim measures
(1) the authority may, prior to the release of the decision in the administrative proceedings initiated
pursuant to § 113 the extent strictly necessary in the application of a party or of the
ex officio to ensure the purpose of the proceedings require the sponsor of this preliminary
measures:
and to conclude a contract) to disable in a tender procedure, or
(b) the procurement procedure or) suspend the contest for the design.
(2) the application for interim measures in addition to the General requirements
administration of ^ 64) must contain the precise designation of the contracting authority, in what is
seen as a violation of the law, as a result of the applicant immediately
threaten to cause injury to his rights, supporting evidence, and what the applicant
seeking a provisional measure. If the proposal does not set out the particulars,
the Office ordered interim measures.
(3) the Office shall cancel the interim measure as soon as it clears, the reason for which it was
ordered, otherwise expires on, which came into force
decision on termination of the administrative procedure, in which the interim measures
ordered.
(4) an appeal against a decision on interim measures does not have suspensory
effect.
section 117a
Termination of the proceeding
The Office initiated proceedings be suspended if
and does not include general requirements) proposal submission ^ 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,
(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,
(e) the proposal was not delivered to the Office) and to the sponsor within the time limits under section 114 para.
4 or 5, or
f) in proceedings initiated ex officio, there were reasons to save
the remedy under section 118 or for the imposition of a penalty pursuant to section 120 or
section 120a.
section 117b
Special provisions on the inspection of the file
From inspection of the file menu of the suppliers are excluded. If the menu
supplier or a part of the basis for the decision, the
as evidence, according to the administrative procedure.
§ 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 mutatis mutandis.
§ 118
The corrective measures and the nullity of contracts
(1) if the contracting authority does not comply with the procedure established for the award of public contracts
or for a competition for the design of, and this procedure significantly influenced or
could affect the selection of the most appropriate quote or proposal, and has not yet been
conclusion of the contract, the Office shall cancel a procurement procedure or a design contest or
just an individual act of the contracting authority.
(2) the authority in its decision on the basis of a proposal under section 114 para. 2 saves
the prohibition of the performance of a contract concluded in the contract if the contracting authority
and) committed by the administrative offense under § 120 paragraph 1. 1 (b). (c)), with the exception of
in cases where the Contracting Authority published a notice of intent to conclude a voluntary
the contract under § 146 paragraph. 2 and proceeded in accordance with § 82 para. 1, §
paragraph 110. 6 § 111 paragraph. 5,
b) committed by the administrative offense under § 120 paragraph 1. 1 (b). and at the same time)
the administrative offense under § 120 paragraph 1. 1 (b). (d)), or
c) commits the administrative offense under § 120 paragraph 1. 1 (b). and at the same time)
proceed according to § 82 para. 3.
(3) the authority shall not impose a ban on execution of the contract referred to in paragraph 2, if it is satisfied
that the reasons worthy of special consideration, United with the public interest, require the
the continued performance of the contract. Economic interest in the performance of the contract may be
considered as such only in exceptional circumstances, where the
the interruption of performance of the contract would lead to disproportionate consequences. Economic
interests directly linked to the contract in question, in particular the costs arising from the
delay in performance of the contract, the costs associated with the launch of the new
the procurement procedure, the costs associated with changing the subject of the charging order
and the costs associated with legal obligations resulting from the prohibition of the performance of the
the contract, do not constitute reasons worthy of special consideration, requiring
the continued performance of the contract.
(4) the authority shall not impose a ban on the performance of the contract, if the consequences of prohibition
seriously threatened the existence of the wider defence or
the security program, which is crucial in terms of
security interests of the United States.
(5) the authority shall reject the proposal if the
and there were reasons for) the imposition of corrective measures pursuant to
paragraph 1 or 2,
(b)) were detected in the reasons for the imposition of ban on the performance of the contract in accordance with
paragraph 2, but the sponsor proves that populate the reasons worthy of special
considerations that require continued performance of the contract in accordance with paragraph 3, or
populate the reason referred to in paragraph 4,
(c) the proposal was not filed) by an authorized person, or
(d)) the proposal is not directed against the procedure, which the contracting authority is obliged to comply with
under this Act, in a procurement procedure or a design contest.
(6) contract for performance of the contract becomes invalid due to
failure to follow the procedure under this Act only in cases where the Office
saves the ban on its performance in accordance with paragraph 2. The invalidity of the other reasons
This does not affect.
§ 119
The costs of proceedings
(1) unless otherwise provided by this Act, shall be borne by the authority and parties of their
costs of the proceedings.
(2) the decisions of the Office pursuant to § 118 paragraph. 1 is also a decision on
the contracting authority's obligation to reimburse the costs of the administrative procedure (hereinafter referred to as
"cost control"). The costs are to be paid in a lump sum, you
down detailed legislation.
(3) for reasons of particular interest from the obligation of
pay the costs referred to in paragraph 2 in whole or in part.
Part 3
Administrative offences
§ 120
Administrative offenses of contracting authorities
(1) the contracting authority is guilty of an administrative offense, by
and fails to comply with the procedure provided for this) by law for the award of public contracts,
While this significantly influenced or could influence the selection of the most appropriate
menu, and enters into a contract of a public contract,
(b) fails to comply with the obligation of publication set out) of this Act, or fails to comply with
the method of publication provided for by this Act,
(c)) enters into a contract to award the contract without prior publication of a notice of
the contract notice according to § 146 paragraph. 1, although it is referred to in this
the law obliged to disclose this notification
d) enters into a contract on the contract in violation of § 82 para. 1, § 110
paragraph. 6 or § 111 paragraph. 5 or in conflict with the provisional measure according to §
paragraph 117. 1,
(e) cancel the award procedure) contrary to section 84,
(f)), has not sent the Pact or not retained documentation according to § 109 or 155,
g) rejects the objection in violation of § 110 or proceed in dealing with
the opposition, in violation of § 111, or
(h) fails to fulfil any of the obligations) under section 114 para. 6, 8 or 9.
(2) an administrative offense shall be fined in the
a) 10% of the contract price, or to 20 000 000 Eur, if the total price
public procurement to determine, in the case of an administrative offence referred to in paragraph 1 (b).
and), (c) or (d))),
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (b)),
e), (f)) or g),
(c) $ 1 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (h)).
(3) the rate of the fines provided for in paragraph 2 shall be increased to double the amount, if
the sponsor commits repeatedly one of administrative offences according to the
of paragraph 1. Administrative offence is committed repeatedly, if before the expiry of 5
years from the date when the decision on the imposition of a fine for an administrative offence has
legal power, he was again committed the same administrative offense.
§ 120a
Administrative offenses suppliers
(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.
(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty of up to 20
000 000 CZK and the prohibition of the performance of public contracts for a period of 3 years and for administrative
offence pursuant to paragraph 1. (b)), and (c) a fine of up to $ 2 000 000).
(3) the prohibition of public contracts means a ban on participation in public procurement
control and prohibition to conclude a contract on the performance of public contracts little
the range. Period of 3 years, to which the prohibition of the performance of public contracts
stores, starting on the date on which the decision referred to in paragraph 2 which has been saved
the ban on public contracts, came into legal force.
§ 121
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed. If prohibition was fulfilling the contract
According to § 118 paragraph. 2, will also be taken into account to the extent it was
the Treaty already has been performed.
(3) the liability of a legal person for an administrative offense shall cease, if the Office
about him has not initiated proceedings within 3 years from the date on which it learned,
not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Office.
(5) The liability for the acts, which took place in the business
person ^ 65) or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
Part 4
Common provisions on supervision
§ 122
Confidentiality and protection of trade secrets
(1) employees in the Office as well as those who have been entrusted with the execution of the tasks
belonging to its competence, are obliged to maintain the confidentiality of the
all the facts on which the learned in the course of work
duties. Confidentiality obligation shall not apply if the said persons
served on such facts testimony to law enforcement
proceedings or in proceedings before the Court, or if the challenge of these
authorities or court serves a written statement ^ 66). The obligations
confidentiality of employees of the Office is without prejudice to the provision of data and
information by the authority in accordance with special regulations ^ 67).
(2) if the Office finds out the fact, that is the subject of the business
the secret, is obliged to take measures to ensure that the trade secret was not
infringed.
§ 123
Publication of final decisions of the Office
The Office continuously publishes its final decisions under this Act
on its Internet address.
the title launched
§ 124
cancelled
PART SIX
A LIST OF QUALIFIED SUPPLIERS, THE SYSTEM OF CERTIFIED VENDORS,
FOREIGN VENDORS LIST, A REGISTER OF PERSONS, THE PROHIBITION OF PERFORMANCE OF PUBLIC
PROCUREMENT
TITLE I OF THE
A LIST OF QUALIFIED SUPPLIERS
section 125
Maintenance of a list of qualified suppliers
(1) the list of qualified suppliers (hereinafter referred to as "the list") is part of the
the information system.
(2) the list shall be entered by suppliers, who have applied for registration in the
the list, and have demonstrated that the essential qualifications referred to in
§ 53 para. 1 or 2 and professional qualifications pursuant to § 54
(a). a) to (d)).
(3) the list is publicly available, and it also means that allow
remote access.
(4) Remote access to the list is free.
(5) the Ministry shall notify the European Commission and the other Member States of the European
of the Union address of the place where it is possible to submit an application for entry in the list.
§ 126
The information recorded in the list of
To list the following data shall be entered for the vendor:
and company or business) name and address of the supplier, if this is about
the legal entity,
(b)) first and last name, business name, and, where appropriate, place of business,
where appropriate, the place of permanent residence, if it is a natural person,
(c)) the legal form of a legal person,
d) identification number, if assigned,
(e)) first and last name of the Board or any of its members or
name and surname of the statutory body or all the members of the statutory
the authority of the person who is the statutory body or a member of a statutory
authority of the supplier, where applicable, the name and surname of another person if the
about the supplier asks, and how they are acting on behalf of or for the
the vendor,
(f)) the subject of the business or other activities, to which the entry in the
the list covers,
g) a list of documents, which the supplier has demonstrated that the essential and
professional qualifications, and in the case of
1. business, lists the enumeration of the relevant permissions,
2. the documents referred to in paragraph 54 (b). (c)), contains a list of the name of the professional
the autonomous Chambers or other professional organization that issued the document,
3. the document referred to in paragraph 54 (b). (d)), contains a list of the type of professional
eligibility,
h) filing date application for entry on the list,
I) registration date to the list,
(j) the date of the last update of the data) in the list and
k) where appropriate, indication according to § 130 paragraph 1. 8.
§ 127
Proof of compliance with qualification of the statement from the list
(1) the supplier shall submit to the contracting authority a listing from the list in the
the deadline for proving compliance with the qualification replaces this listing
proving compliance with the
and) core competencies pursuant to § 53 para. 1 or 2 and
b) professional qualifications referred to in paragraph 54 (b). a) to (d))
the extent to which the documents proving compliance with these professional
qualifications cover the requirements of the contracting authority to
proving compliance with the professional qualifications for the performance of
public procurement contracts.
(2) the contracting authority is obliged to recognize An extract from the list as a way of
proof of compliance with qualification, provided that the data in the dump
referred to cover the requirements laid down in the proving compliance with the
sectoral qualification set out by the contracting authority, or part of them.
(3) the contracting authority is entitled to submit in addition to listing should also
documents proving the fulfilment of qualification pursuant to § 53 para. 1 (b). (f))
to (h)), if you reserved this right in the notice or the invitation to initiate
the procurement procedure.
(4) the contracting authority is obliged to accept a listing from the list, if the last
the date on which it is to be shown to meet the qualifications, there is no listing of
list of older than 3 months.
§ 128
The release of the statement from the list
(1) the operator of a list (section 132) will issue a listing from the list on the
any supplier registered to the list of those who ask for a statement and
will pay the administrative fee under a special legal regulation ^ 69).
(2) the operator shall issue the statement list from the list within 5 calendar days
from the date of receipt of the request.
(3) it is possible to issue a Statement in paper form or in electronic form
signed by a recognized electronic signature or marked by a recognized
electronic marker.
(4) a listing from the list containing the information listed in section 126.
(5) a listing from the list shall be published in the Czech language.
§ 129
Entry on the list
(1) a vendor who wants to be entered in the list, it is obliged to submit a
application for entry in the list and demonstrate compliance with the qualification requirements
pursuant to § 125 paragraph. 2; to demonstrate compliance with the essential skills
assumptions according to § 53 para. 1 (b). a) and b) and § 53 para. 2 (a). (b))
the operator requests a list under a special legal regulation ^ 69a)
an extract from the criminal register. An application for a statement of registration
An extract from the criminal record, criminal records are to be transmitted in
electronic form, in a manner allowing remote access. Write
the list is subject to the administrative fee under a special legal
prescription ^ 69). The supplier shall for the purposes of entry in the list to tell
the personal information that are required to obtain an electronic statement of
criminal records.
(2) documents proving the fulfilment of the basic qualifications
the vendor and document proving the fulfilment of the professional qualification
provided pursuant to section 54 (b). and) must not be older at the date of submission of the application
90 days.
(3) all documents shall be submitted in the original or a certified
a copy of the.
(4) the operator shall enter in the list the list of suppliers that met the
conditions laid down in this law.
(5) the operator shall enter in the list the list of foreign suppliers,
that for registration requests and proves meet the qualifications under section 125 paragraph. 2
in a similar range. For proof of compliance with qualification requirements
foreign supplier of § 51 para. 7 apply mutatis mutandis. The operator
the list is not entitled to require the foreign suppliers of other papers
demonstrating compliance with the qualification requirements than those that are
required after the Czech suppliers.
(6) the request for registration shall be submitted in the English language. The provisions of § 51 para.
7 shall apply mutatis mutandis.
§ 130
Changes in the list of
(1) the contractor is not obliged to prove again that the essential
the qualification requirements and professional qualifications,
If it is not in paragraphs 2, 4, 5 or 6 unless otherwise specified.
(2) if the vendor to change the data entered in the list, which would
otherwise resulted in consequence if meet the essential qualification
assumptions or professional qualifications, the supplier is
obliged to submit within 15 days from the date when the change occurred, the change request
the registration; to request the supplier is obliged to attach the necessary documents
certifying that the essential qualifications or professional
qualifications for which there was a change. In the case that
the supplier fails to fulfil an obligation under this paragraph, that from the date of
When such a change has occurred, it is not written in the list; This also applies in the case
He was issued a statement after such a change from the list.
(3) if the operator list becomes aware that a vendor has not announced a change in the
the information included in the list referred to in paragraph 2, it shall initiate the procedure for
the deletion of a vendor from the list.
(4) the supplier is obliged to list registered after the beginning of the
the calendar year not later than 31 December each March, notify in writing the
the operator of a list, that data entered in the list have not changed. If
the supplier fails to comply with this obligation, starting with 1. in April of the same
the year is not written to the list.
(5) the supplier is obliged within the time limit referred to in paragraph 4 of the present
documents proving that the essential qualifications referred to in
§ 53 para. 1 (b). f) to (h)). If the supplier fails to comply with this obligation,
, starting from 1 January 2006. April of the same year is not written to the list.
(6) the supplier recorded in the list is entitled to submit a request for
registration of changes in the data referred to in the list. In this case,
proceed as in the case of submission of the application for registration; the data entered
in the list, this will remain unaffected, if the supplier did not request
change the relevant information.
(7) the registration of changes in the data kept in the list shall be subject to the administrative fee
under special legislation ^ 69).
(8) the operator list at the date of receipt of the request for registration of changes in the
the information set out in the list or on the date of the initiation of the deletion of
a vendor from the list shall indicate that fact in the list.
§ 131
Removed from the list
(1) the operator shall list vendor from the list, if
and) discovers that the supplier does not meet the conditions for entry on the list,
(b)) found that the contractor had used as a basis for writing papers or
the information proved to be false or incomplete, or
(c)) the supplier submitted an application for removal.
(2) the operator shall list vendor from the list, if there is a
the facts referred to in § 130 paragraph 1. 2, 4, or 5.
§ 132
Operator list
(1) the operator of a list is a Ministry or other legal person
in charge of the Ministry under special legislation ^ 70).
(2) the operator list is obliged to maintain confidentiality about all
data and information, supplied to him in connection with the management of
the list, except for the data and information that is required to make available to the
the basis of this Act.
TITLE II
THE SYSTEM OF CERTIFIED VENDORS
§ 133
The system of certified vendors
(1) the system of certified vendors under the conditions laid down
in § 134 replace certificate issued by an accredited person ^ 51) for
activity on this system (hereinafter referred to as certification body for qualifications ")
proving compliance with the qualification, or a part thereof by the supplier.
(2) the Ministry shall notify the European Commission and the other Member States of the European
Union names and identifying information of administrators approved systems
certified vendors.
§ 134
Proof of qualification certificate
(1) the supplier shall submit to the contracting authority a certificate issued in
under the system of certified vendors that contains Essentials
laid down in paragraph 139, the time limit for proving compliance with the skills and information in
the certificate shall be valid for at least the last day of the period for the demonstration of
meet the qualifications (§ 52), replacing this certificate to the extent it
These data demonstrate the fulfilment of the qualification of a supplier.
(2) the contracting authority is obliged to recognize a sectoral certificate as a way
proof of compliance with qualification in the proper range, provided that the
the information in the certificate referred to cover the requirements for proving compliance with the
sectoral qualification set out by the contracting authority, or part of them.
§ 135
Approval of certified vendors
(1) the system of certified vendors approved on the basis of Ministry
the application of a legal entity, that the system of certified suppliers intends to
manage (hereinafter referred to as "system administrator"). The approval procedure is subject to the
the administrative fee under a special legal regulation ^ 69).
(2) the annex to the application system administrator are documents that describe the
the system of certified vendors, and lays down the rules of its use (hereinafter
"the rules of the system").
(3) the Ministry shall be approved by the system of certified vendors, if
the system meets the conditions laid down by the law and the rules of the system meet the
the requirements set out in section 136.
(4) the system administrator is required to ensure that the system of certified
suppliers must meet the conditions laid down by law, permanently.
(5) the Ministry leads within the information system list of approved
systems certified vendors.
§ 136
Rules of the system
Rules of the system must contain at least
and the name of the system) certified vendors,
(b)) the identification system administrator
(c)), the organisational structure of certified vendors,
(d) the nature and, where appropriate,) the definition of categories of public procurement contracts, in which the
the system of certified vendors covered
(e)) the definition of professional competencies, economic and
financial qualifications and technical skills
assumptions, which will be in the system of certified vendors
assessed,
f) definition of the documents that will be required to demonstrate compliance with
the qualification requirements referred to in subparagraph (e)) and the basic skills
assumptions,
(g) the procedure for the assessment of qualifications) the certifying authority for the
qualifications,
h) rules for the issuance, amendment and withdrawal of the certificate and
I) Internet address registry of certified suppliers.
§ 137
Changes and cancellations of certified vendors
(1) for the procedure in the event of changes in the system of certified suppliers apply
§ 135 para. 1 to 4 apply mutatis mutandis.
(2) if the Department finds that the system of certified vendors
does not meet the conditions laid down by the law or have changed the conditions under
which has been approved, the system prompts the administrator to faults found
removed, and this fact to the Ministry showed. If the administrator
system deficiencies within the prescribed period, the Department shall promptly
decide on the abolition of such a system of certified suppliers.
(3) if the decision is a system administrator system certified vendors
to cancel, you must notify this fact to the Ministry. In
this case, the system cancels the date of receipt of certified vendors
This notice to the Ministry, unless the system administrator day
later.
(4) in the case of certified vendors does not lose the
the issued certificate before the expiry of validity referred to in
the certificate does not change the facts on the basis of which it was
certificate is issued.
§ 138
Conditions for the issuing of the certificate
(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.
(2) documents proving the fulfilment of the basic qualifications
the vendor and document proving the fulfilment of the professional qualification
provided pursuant to section 54 (b). and) must not be on the date of application for the
certification of an earlier 90 days.
(3) all documents of the certification body for qualifications
be submitted in the original or in an officially certified copy thereof.
(4) the system administrator may provide that the supplier is not obliged to
repeated certification to demonstrate the fact that since the last
certification have not changed. However, the supplier is obliged to always on these
facts to present at least an affirmation.
(5) the provisions of § 129 para. the last sentence of paragraph 5 and paragraph 129. 6, the
by analogy.
§ 139
Certificate
(1) the certificate shall contain at least the following information:
and) the identification of the certification body for qualifications
issued the certificate,
(b)) name of the system of certified vendors,
(c)) identification of certified vendors, system administrator
(d)) business name or the name and address of the supplier, if this is about
the legal entity,
(e)) first and last name, business name, and, where appropriate, place of business,
where appropriate, the place of permanent residence, if it is a natural person,
(f)) legal form of legal entity,
g) identification number, if assigned,
h) name and surname of the statutory body or any of its members or
name and surname of the statutory body or all the members of the statutory
the authority of the person who is the statutory body or a member of a statutory
authority of the supplier, where applicable, the name and surname of another person if the
about the supplier asks, and how they are acting on behalf of or for the
the vendor,
I) the subject or scope of the business or other activities for which the
the certificate is issued,
j) type and, where applicable, the category of public contracts, for which the
the certificate is issued,
for the list of documents which) the supplier has demonstrated that the essential and
professional qualifications, with the fact that in the case of
1. business, lists the enumeration of the relevant permissions,
2. the documents referred to in paragraph 54 (b). (c)), contains a list of the name of the professional
the autonomous Chambers or other professional organization that issued the document,
3. the document referred to in paragraph 54 (b). (d)), contains a list of the type of professional
eligibility,
l) an indication as to which qualifications were demonstrated, as 56
including data on the level of proven skills with regard to the
individual qualification,
m) date of issue of the certificate,
n) the expiration date of the certificate and
o) signature of the person authorized to act for the certification body for qualifications.
(2) a certificate may be issued in paper form or in electronic
the form signed by a recognized electronic signature.
(3) the certificate shall be issued in the English language.
§ 140
Validity of the certificate
(1) the validity of the certificate is 1 year from the date of its issue.
(2) if the vendor to change the facts on the basis of which the
the certificate is issued, which would otherwise result in consequence if the fulfilment
competencies within a specified range, the supplier is obliged to
within 15 days from the date of the change, notify the
the certification authority for qualifications and at the same time submit the necessary
documents certifying compliance with the appropriate qualifications; in
the certification body decides otherwise for the qualification of the withdrawal
certificate, or change, if to change the facts on the
the basis of which the certificate was issued, there have been only in respect of certain
qualification requirements, compliance with which the supplier has demonstrated.
(3) the certification body for qualifications shall decide on the withdrawal of the
certificate if it determines that the contractor
and conditions for the issue) does not meet the certificate, or
(b)) was used as a basis for issue of the certificate documents or information,
that proved to be untrue or incomplete.
(4) the supplier is entitled to submit an application for amendment of a certificate. In
this case, proceed as in the case of application for the
repeated certification.
§ 141
The obligations of the certification bodies for qualifications
Certification body for qualifications shall be obliged to
and before the start of their activities) announce to obtain accreditation administrators
the system and prove it valid certificates of accreditation,
(b)) to notify without undue delay the changes in accreditation, its
the suspension or withdrawal,
c) to the administrator of the issued certificate within the period and in the manner
laid down by the rules of the system of certified vendors,
(d) the system administrator) to notify without undue delay the withdrawal certificate
to the vendor.
§ 142
Register of certified vendors
(1) the system administrator runs the registry of certified suppliers (
"the registry") records
and) certification bodies for qualifications,
b) certified vendors and
c) issued certificates.
(2) the administrator shall publish a notice in the registry system, the amended rules of the system.
(3) the register shall be publicly accessible manner allowing remote access.
(4) Remote access to the registry is free.
(5) in the registry, the system administrator can publish issued certificates or
their parts.
(6) the Ministry shall publish a reference to the registry in the information system.
TITLE III
FOREIGN VENDORS LIST
§ 143
Use the statement from a foreign vendor list
(1) the contracting authority shall adopt, under the conditions referred to in paragraph 2 of the statement of
Foreign list of qualified suppliers (hereinafter referred to as "foreign
"list), or the foreign certificate, which are
issued in a State that is part of the European economic area,
or another State, if provided for by an international treaty concluded by the European
Union or the Czech Republic. The provisions of § 51 para. 7 fourth sentence
by analogy.
(2) the contracting authority may accept a statement from the foreign list, or foreign
a certificate from a foreign supplier only in the case if the
the foreign supplier of the seat or place of business or residence in
State in which the statement was from the foreign list, or foreign
certificate is issued.
(3) If a statement from a foreign or foreign certificate list
It follows that the foreign supplier has demonstrated compliance with
and) core competencies, which are in the competent State
similar to the qualification requirements under § 53 para. 1 or 2,
b) professional qualifications are in the competent State
similar to the qualifications referred to in paragraph 54 (b). a) to (d)), or
c) technical competencies that are in the
State similar to competencies pursuant to § 56 para. 1, if the
supplies, § 56 para. 2 (a). and), c) to (h)), in the case of services, and § 56 para.
3 (b). a) to (c)) and (b). e) and (f)), in the case of works,
replaced by the listing of foreign or foreign certificate list
the conditions laid down in paragraph 4 shall meet the qualifications according to the above
referred to the provisions of this paragraph, or the fulfilment of its relevant
part. In addition to listing the contracting authority is entitled to from the foreign list or
foreign certificate should also submit the documents
to demonstrate that the qualifications according to § 53 para. 1 (b). f) to (h)),
If you reserved this right in the notice or shall award the
control.
(4) a Statement from the foreign list must not be older than 3 months. Foreign
the certificate must be valid on the last day of the period for proving compliance with the
qualification.
(5) a Statement from the foreign list, or foreign certificate cannot be used
as a document for the entry on the list of qualified suppliers or releases
certificate in the framework of the system of certified suppliers.
TITLE IV
REGISTER OF PERSONS, THE PROHIBITION OF PERFORMANCE OF PUBLIC CONTRACTS
§ 144
Keeping a register of persons, the prohibition of performance of public contracts
(1) in the register of persons, the prohibition of performance of public contracts (hereinafter referred to as
"the register") are written by a legal or entrepreneurial natural person
which was under section 120a para. 2 banned performance of public contracts.
Index of leading Ministry and is part of the information system.
(2) the authority shall inform without delay the Ministry about acquisition of legal power
decision under section 120a para. 2 prohibition of performance
public contracts shall communicate the identification details of a legal or business
the physical person who is to be on the basis of this decision in the register
written and shall indicate the date from which the ban on the performance of public contracts
begins, and the day ends. The Ministry not later than 5 working days
from the communication Office, writes the following information to register.
(3) the authority shall inform the Ministry about a possible annulment of the decision
under section 120a was para. 2 banned performance of public contracts.
The Ministry registered person no later than within 5 working days from the date of
communication from the Office of the information referred to in paragraph 2 from the register clears.
(4) the register shall be publicly available, and it also means that allow
remote access.
§ 145
cancelled
PART SEVEN
COMMON PROVISIONS
§ 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.
§ 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.
§ 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)),
(c)) of the Treaty on public contracts specified on the basis of a framework
agreement or a dynamic purchasing system, the price of which shall not exceed 500
USD without value added tax.
(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)), stating the subcontractor, who 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
legal prescription.
§ 148
Communications between the contracting authority and the supplier
(1) when the communication between the contracting authority and the supplier shall not be impaired by
the confidentiality of tenders and requests to participate and the completeness of the data contained in them.
The contracting authority shall not be granted access to the content of tenders and requests to participate
before the expiry of the time limit for their submission.
(2) a document under this Act can be delivered in person, by
the person who carries out the transport of mail (courier service), through
the postal license holder under special legislation,
by electronic means, via data boxes, or other
way.
(3) the contracting authority is obliged to in connection with the procurement proceedings lead
a written record of all actions taken by the supplier to the contracting authority and
by the contracting authority to suppliers, the authority or the European Commission. Written by
the register shall contain the sequence number of the Act, the description, the date and
identification of the vendor.
(4) a request to participate in a restricted procedure, negotiated procedure with the publication of, or
competitive dialogue, the supplier may do so also by telephone; in such a
If the supplier is obliged to confirm the request in writing,
While in writing requests to participate must be sent to the sponsor
no later than the closing date for the submission of requests to participate.
(5) the contracting authority may require confirmation requests for participation made by fax
in the manner referred to in paragraph 4, first sentence, if the time limit for this request
delivery confirmation stated in the notice of initiation of the procurement procedure or
the tender documents.
(6) the menu and other documents under this Act may be submitted
always in the Czech language, where applicable, in the language specified by the contracting authority in the
procurement conditions. Higher education diplomas can be presented in Latin
language.
(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.
(8) the provisions of paragraphs 1 to 6 shall apply, mutatis mutandis, for part of the fourth Act.
§ 149
Electronic resources and electronic tools
(1) by electronic means for the purposes of this Act, the network, and
electronic communications services ^ 22). For electronic means to
the purpose of this Act is not considered a fax.
(2) Electronic instruments for the purposes of this Act, the
software or its components that are associated with the network
or by electronic communications and let you through this
network or service to perform tasks in electronic form in accordance with this
law, including processing including digital compression and storage
of data. a sponsor may use the electronic tools provided
the use of these electronic tools does not violate the prohibition of
discrimination, these electronic tools are with respect to the subject matter
public contracts generally available and compatible with commonly used
information and communication technologies.
(3) electronic communication relating to the contract award procedure or
design contests shall provide to the contracting authority to vendors who may have an interest in
to participate in the proceedings or contest, access to all technical information
nature, including encoding and encryption, which are necessary for communication
by electronic means, in particular, for the electronic submission of tenders and
requests to participate.
(4) if the vendor offer request for participation, objected to the capacity
the contracting authority or to meet the qualifications demonstrated by the electronic
resources, or in the case of a request to participate or to a proposal in the competition for the design
If the adjudicating entity, or sends the electronic means of publication of the
publication in the Bulletin of public procurement contracts or challenge award
control, the challenge to act or to submit an offer in the tender, or to
participation in the competitive dialogue, the notification of the award of a public contract, the notice
on the method of handling objections or of the decision on the most appropriate the proposal in
the competition for the design of a data message must be ^ 71) signed by a recognized
an electronic signature. The contracting authority is entitled to demand signing
data report recognized electronic signature or mark data
messages accepted an any data messages
by electronic means.
(5) if there are no documents to prove the qualification in electronic
the contractor shall submit to the contracting authority, in the form of these documents in paper format in the
time under section 52 or section 65.
(6) the contracting authority is responsible for ensuring that the electronic tools
through which it is realized the electronic communication, in particular
the electronic transmission and receipt of tenders, or electronic receipt
requests to participate and the proposals in the draft, it is guaranteed that
and requirements are met) electronic signatures relating to
tenders, requests to participate and the forwarding of plans and projects, referred to in
special legal regulation ^ 72),
(b)) could be precisely determined by the time and date for the receipt of tenders, requests to participate
and the submission of plans and projects,
(c)) it was possible to reasonably ensure that, before the dates laid down no one
cannot have access to the data sent in accordance with these requirements,
(d) in the case of violation of the prohibition) of access referred to in subparagraph (c)) could be
reasonably ensured that the infringement will be reliably detectable,
e) only authorized persons can establish or change data for
disclosure of data received
(f)) during the various stages of the procurement procedure or a design contest, was
access to all or part of the transmitted data is possible only on the basis of
the previous decision of the parties,
(g) the decision of the authorized persons according to the) subparagraph (f)) could allow access to
the passed information to a predetermined date,
(h)) the information provided and made available in accordance with these requirements may
remain accessible only to persons who are entitled to them
McKee,
I) are protected against unauthorized access by third parties,
j) was for them provided technical support and service in case of failure.
(7) the contractor may submit to the contracting authority the information necessary for the evaluation of
the menu also in the form of an electronic catalogue, especially in the case of
public contracts awarded by the contracting authority, on the basis of the framework contract
or the dynamic purchasing system. Electronic catalog for
the purposes of this Act, the information file that contains the prices
the corresponding individual items, a description of the subject of the contract
such items, or other data related with them. Electronic
the catalog must meet all the requirements laid down for electronic
the tools used for communication by electronic means in accordance with
of this section.
(8) Detailed conditions regarding the tools and actions taken
electronic means in public procurement provides for detailed legal
prescription.
(9) the sponsor shall ensure that the electronic instruments, the
through acts in public procurement
made, proven to meet the requirements established by this Act
and the implementing legislation. Meet the requirements of the electronic
tool, you can always prove conformity certificate which issued the body
accredited by the national accreditation of the conformity assessment body on
under a special legal regulation ^ 51). The details concerning the
conditions for issue of the certificate of conformity of the data in the certificate of conformity and the
the validity of the certificate of conformity shall adopt detailed legislation.
§ 150
cancelled
§ 151
Representation of the contracting authority in the management of
(1) the contracting authority may, in the exercise of the rights and obligations under this Act
related to the contract award procedure or design contests have
to be represented by another person. This person must comply with the requirement of impartiality
under section 74 para. 7 and shall not participate in the appropriate procurement procedure.
(2) a person representing the contracting authority referred to in paragraph 1 shall not be granted
the award of the contract, the exclusion of the contractor from participation in
the proceedings, the abolition of the procedure, the decision to choose the most suitable design
the cancellation of the competition for the design and execution of the decisions about how the opposition.
(3) the provisions of paragraph 1 are without prejudice to the responsibility of the contracting authority for
compliance with this Act.
§ 151a
cancelled
§ 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 to the supplier.
§ 153
Costs and fees
Unless otherwise provided in this Act, the contracting authority may not grant suppliers
the right to reimbursement of the costs associated with participation in a procurement procedure or
the competition for the design of, or require fees for suppliers that
may participate in such proceedings.
§ 154
The conversion of the amounts of the Czech currency
The conversion of the amounts of money that are laid down in this Act in euro,
the Czech currency down detailed legislation.
§ 155
Retention of documentation
(1) the contracting authority is obliged to keep documentation on public order and
records of action taken under section 149 electronically for a period of 10 years from the
the conclusion of the agreement, its amendments or cancellation of the procurement procedure,
unless otherwise provided by special law otherwise ^ 73).
(2) the provisions of paragraph 1 shall apply mutatis mutandis to the documentation on the competition for the
the proposal, even if it did not follow the specifications on this contest
control.
(3) the contracting authority shall take appropriate measures for documenting the course of the
procurement procedures or design contests and their parts carried out by the
by electronic means.
(4) the contracting authority is obliged to keep the Sector over a period of 5 years the necessary
information, which in the case of excess public contracts related to
the performance of the relevant activities to justify application of the exception set out in paragraph 4 of the
paragraph. 2, section 18 or 19.
(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.
§ 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.
§ 157
Information system
(1)
Information system
is the information system of public administration ^ 75). Administrator information
the system is the Ministry of.
(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) the banning of the people index) performance of public contracts.
section 157a
Sensitive activities
(1) for the sensitive activity according to the law on the protection of classified information and
about security when you enter public procurement public
by the contracting authority pursuant to § 2 (2). 2 (a). a) and b), where the estimated
the value exceeds $ 300 000 000, for the purposes of this Act shall be deemed to
and approval of terms of reference),
(b) the award of the contract) or
(c) the assessment and evaluation of tenders) persons designated by the contracting authority, if
This work is carried out by the contracting authority itself according to § 79 paragraph 2. 5.
(2) a natural person carrying out sensitive activities referred to in paragraph 1 shall
comply with the conditions laid down in the Act on protection of classified information and on the
Security eligibility.
PART EIGHT
TRANSITIONAL AND FINAL PROVISIONS
§ 158
Transitional provisions
(1) the award of public contracts, public competition for the design of
review of acts of the contracting authority the authority and procedure for imposition of sanctions launched
before the date of entry into force of this law shall be completed in accordance with existing
legislation.
(2) in proceedings for review of acts of the contracting authority and, in the proceedings
the sanctions, which were initiated after the entry into force of this Act, and that
on the award of public contracts or public competition for the design under
paragraph 1, shall be treated in accordance with the existing legislation.
Proceedings under the first sentence is charged according to the
the existing legislation.
(3) the list of qualified suppliers pursuant to § 76 of Act No. 40/2004 Coll.
It is considered a list under this Act. The procedure for entry in the list,
change of registration and of the deletion from the list of qualified suppliers
initiated before the date of entry into force of this law shall be completed in accordance with
the existing legislation.
(4) the contractor may substitute proof of meeting the essential qualifications
criteria in full and professional qualification criteria to the extent
in the report referred to an excerpt from the list of qualified suppliers
issued pursuant to § 80 of law No 40/2004 Coll. no later than three months from the
entry into force of this Act, if the facts have not changed
the basis of listing from the list was issued.
(5) the supplier recorded in the list of qualified suppliers pursuant to § 76
Act No. 40/2004 Coll. is obliged before the request for the release of the statement
from the list under section 128 paragraph 1. 1 of this Act, provide evidence of the missing
qualification including relevant documentation according to § 130 paragraph 1. 2
of this Act; listing from the list will be released to the supplier after you
changes of registration under section 130 of this Act. The supplier is obliged to provide evidence
lack of qualification under the preceding sentence, no later than three months from the
entry into force of this law, otherwise, starting with the first day of the
the fourth month since the entry into force of this Act is not in the list
written.
(6) the contractor may substitute proof of compliance with qualification under section 134
of this Act, a certificate of the certification authority on the criteria
the national qualification and classification system of building contractors
According to § 30 para. 4 of law No 40/2004 Coll. in the scope of the data in the certificate
given not later than three months from the entry into force of this Act,
If you have not changed the facts on the basis of which the certificate was
released.
(7) the information system on public procurement pursuant to § 83 of law No.
40/2004 Coll., shall be considered as information system under this Act.
The information contained in the information system on public procurement
pursuant to § 83 of law No 40/2004 Coll., the content of the information system.
(8) the publication of the data and information on public procurement pursuant to § 84
Act No. 40/2004 Coll., concerning the procedure for the award, the award
control or a public design competition, which were initiated under the Act
No 40/2004 Coll., before the date of entry into force of this law, shall be carried out
under this Act.
§ 159
Powers of execution
(1) the Government issues regulations to implement section 12 paragraph 1. 1 and § 154.
(2) the Ministry of defence will issue a decree to implement section 17 (a). q) and section 18
paragraph. 4 (b). (h)).
(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.
§ 160
Regulation (EEC)
Shall be repealed:
1. Act No. 40/2004 Coll., on public procurement.
2. Decree No. 235/2004 Coll., laying down the detailed content and scope
of the specifications of the building.
3. Decree No. 240/2004 Coll., on public procurement information system
contracts and methods of evaluation of the tenders in accordance with their economic
advantage.
4. Decree No. 137/2005 Coll., amending Decree No. 240/2004 SB., on
the information system on public procurement and the methods of evaluation
offers according to their economic advantage.
PART NINE
The EFFECTIVENESS of the
§ 161
This Act shall take effect on the first day of the third calendar month after
the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
Annex 1
A list of services that are subject to publication in the official journal of the European Union
------------------------------- ----------------------------------------------------------------
The category of the subject of the reference number of the CPV reference numbers
CPC ^ 1)
------------------------------- ----------------------------------------------------------------
1 maintenance and 6112, 6122, 633, From 50100000-6 to 50884000-5 (except for 50310000-1
repair-service to 50324200-4, 886 and 50116510-9, 50190000-3,
50229000-6, 50243000-0) and from the 51 million-9 to
51900000-1
------------------------------- ----------------------------------------------------------------
2 land transport ^ 2) 712 (except From 60100000-9 to 60183000-4 (in addition to 60160000-7,
including transport 71235), 7512, 60161000-4, 60220000-6), and from 64120000-3 to
money and courier 87304 64121200-2
services with the exception of
transport of mail
------------------------------- ----------------------------------------------------------------
3 73 air freight (except 7321) From 60410000-5 to 60424120-3 (except 60411000-2,
passengers and 60421000-5), and 60500000-3 60440000-4 to
cargo with the exception of 60445000-9
mail
------------------------------- ----------------------------------------------------------------
4 ground 71235, 7321 60160000-7, 60161000-4, 60411000-2, 60421000-5
mail ^ 2) and air
transport of mail
------------------------------- ----------------------------------------------------------------
5 Telecommunications 752 From 64200000-8 to 64228200-2, 72318000-7 and from
Service 72700000-7-72720000-3
------------------------------- ----------------------------------------------------------------
6 financial services ex 81, 812, 814 From 66100000-1 to 66720000-3 ^ 3)
and insurance services)
(b) the) banking and
Investment Services ^ 3)
------------------------------- ----------------------------------------------------------------
7 Computer 84 From 50310000 to 50324200-1-4 Od72000000-5
data processing and with 72920000-5 (kromě72318000-7 and 72700000-7 to
related services 72720000-3), 79342410-4
------------------------------- ----------------------------------------------------------------
8 Services in research and 85 From 73000000-2 to 73436000-7 (except 73200000-4,
the development of ^ 4) 73210000-7, 73220000-0)
------------------------------- ----------------------------------------------------------------
Accounting and audit 9 862 From 79210000-9 to 79223000-3
------------------------------- ----------------------------------------------------------------
10 market research and 864 From 79300000-7-79330000-6 and 79342310-9,
public opinion 79342311-6
------------------------------- ----------------------------------------------------------------
11 Advice ^ 5) and with 865, 866 From 73200000-4 to 73220000-0 From 79400000-8 to
related services 79421200-3 and 79342000-3, 79342100-4, 79342300-6,
79342320-2 79342321-9, 79910000-6, 79991000-7
98362000-8
------------------------------- ----------------------------------------------------------------
12 architectural, 867 From 71000000-8 to 71900000-7 (except 71550000-8)
engineering services and and 79994000-8
integrated
engineering services,
territorial planning,
related
Scientific and technological
consulting, services
services and
carrying out analyses
------------------------------- ----------------------------------------------------------------
13 871 advertising services From 79341000-6 to 79342200-5 (in addition to 79342000-3 and
79342100-4)
------------------------------- ----------------------------------------------------------------
14 cleaning services and 874, 82201 to From 70300000-4 to 70340000-6, aOd-6 to 90900000
the House Administration 82206 90924000-0
------------------------------- ----------------------------------------------------------------
15 Publishing and 88442 From 79800000-2 to 79824000-6 Od79970000-6 to the
printing services for 79980000-7
remuneration or on
a contractual basis
------------------------------- ----------------------------------------------------------------
16, services related to 94 From 90400000-1 to 90743200-9 (except 90712200-3
sewage and refuse From 90910000-9 to 90920000-2 and 50190000-3,
waste, sanitary and 50229000-6 50243000-0)
similar services
------------------------------- ----------------------------------------------------------------
(1) CPC Nomenclature (temporary version), which is used to define the
the scope of Directive 92/50/EEC.
(2) except for rail transport in the category 18.
(3) except contracts for financial services relating to the issue, purchase
and the sale or transfer of securities and other financial instruments, and
central bank services. Also, with the exception of contracts relating to the purchase, rental or
leasing of land, existing buildings or other immovable property or concerning rights
associated with them funded in different ways; However, the Treaty on the
financial services concluded in any form at the same time, sooner or
later than acquisition or lease agreement, the provisions of this directive
controls.
(4) with the exception of contracts for research and development services other than those of the
where the results go exclusively to the contracting authority or contracting entity sektorovému
in the performance of its own activities, on condition that the service provided
It is fully paid by the contracting authority or contracting entity, is a sector.
(5) except arbitration and conciliation proceedings.
List of services in the field of defence or the security subject to
publication in the official journal of the European Union
----------------------------------------------------------------------------------------------------------------------
The category of the subject of the CPV reference numbers
----------------------------------------------------------------------------------------------------------------------
1 Maintenance and repair services of 50000000-5, from 50100000-6 to 50884000-5
(except for 50310000-1 až50324200-4 and 50116510-9,
50190000-3, 50229000-6, 50243000-0)
and from the 51 million-9 to 51900000-1
2 services related to foreign military 75211300-1
by using the
3 services in the area of defence, military defence 75220000-4, 75221000-1, 75222000-8
and civil defense
4 Investigation and security services From 79700000-1 to 79720000-7
5 ground 60000000-8, from 60100000-9 to 60183000-4
(in addition to 60160000-7, 60161000-4), and from 64120000-3
to 64121200-2
6 air transport of passengers and cargo 60400000-2, 60410000-5 to 60424120-3
with the exception of mail (in addition to 60411000-2, 60421000-5), from 60440000-4
to 60445000-9 and 60500000-3
7 land transport and air transport of mail 60160000-7, 60161000-4, 60411000-2, 60421000-5
mail
8 rail transport services From 60200000-0-60220000-6
9 water transport Service From the 60653000 60600000-4-0 and 63727000-1
to 63727200-3
10 Supporting and ancillary transport services From 63100000-0 63111000-0, from 63120000-6
to 63121100-4, 63122000-0, 63512000-1 and from the
63520000-0-6370000-6
11 telecommunications services From 64200000-8 to 64228200-2, 72318000-7 and
by 72700000-7-72720000-3
12 financial services: insurance services From 66500000-5 to 66720000-3
13 Computer and related services From 50310000 to 50324200-1-4, from 72000000-5
to 72920000-5 (kromě72318000-7 and 72700000-7
to 72720000-3), 79342410-4, 9342410-4
14 research and Development Services ^ 1) and tests reviews from 73000000-2 to 73436000-7
15 accounting and auditing From 79210000-9 to 79212500-8
16 Advice ^ 2) and associated services from 73200000-4 to 73220000-0, from the 79400000-8
to 79421200-3 and 79342000-3, 79342100-4, 79342300-6,
79342320-2, 79342321-9, 79910000-6, 79991000-7,
98362000-8
17 architectural, engineering services from 71000000-8 to 71900000-7 (except 71550000-8)
and integrated engineering services, urban and 79994000-8
planning, related scientific and technological
consulting, testing and implementation services
the analyses of the
18 cleaning services and House Administration From 70300000-4 to 70340000-6, and from 90900000-6 to the
90924000-0
19 services related to sewerage and disposal From 90400000-1 to 90743200-9 (except 90712200-3)
waste disposal, sanitation and similar services from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6,
50243000-0
20 training and simulation in the field of defence and 80330000-6, 80600000-0, 80610000-3, 80620000-6,
the safety of 80630000-9, 80640000-2, 80650000-5, 80660000-8
----------------------------------------------------------------------------------------------------------------------
1) with the exception of contracts for research and development services other than those of the
where the results go exclusively to the contracting authority or contracting entity sektorovému
in the performance of its own activities, on condition that the service provided
It is fully paid by the contracting authority or contracting entity, is a sector.
2) except arbitration and conciliation proceedings.
Annex 2
List of services not subject to publication in the official journal of the European
Union
----------------------------------- -------------------------------------------------------------------
The category of the subject of the reference number of the CPV reference numbers
CPC ^ 1)
----------------------------------- -------------------------------------------------------------------
17 hotel and restaurant 64 From 55100000-1 to 55524000-9, and from 98340000-8
services to the 98341100-6
----------------------------------- -------------------------------------------------------------------
Rail Services From 711 18 60200000-0-60220000-6
transport
----------------------------------- -------------------------------------------------------------------
19 water transport Services 72 from the 60600000-4-0 and into the 60653000 from the 63727000-1
to 63727200-3
----------------------------------- -------------------------------------------------------------------
20 Supporting and minor 74 From 63000000-9 to 63734000-3 (except
transport services 63711200-8, 63712700-0, 63712710-3, and from the
63727000-1 to 63727200-3), and 98361000-1
----------------------------------- -------------------------------------------------------------------
21 861 legal services From 79100000-5 to 79140000-7
----------------------------------- -------------------------------------------------------------------
Service personnel From 22 872 79600000-0 to 79635000-4 (in addition to the
agencies, and the provision for 79611000-0, 79632000-3, 79633000-0), and from
Service ^ (2) 98500000-8 to 98514000-9
----------------------------------- -------------------------------------------------------------------
23 search and security 873 79700000-1 to 79723000-8
with the exception of services (except 87304)
transport services
pancéřovými cars
----------------------------------- -------------------------------------------------------------------
24 Education & services 92 From 80100000-5 to 80660000-8 (in addition to the
vocational training 80533000-9, 80533100-0, 80533200-1
----------------------------------- -------------------------------------------------------------------
25 health and welfare 93-0 for 79611000, and From 85000000-9 to 85323000-9
Services (except 85321000-5 and 85322000-2
----------------------------------- -------------------------------------------------------------------
26 recreational, cultural and 96 From 79995000-5 to 79995200-7 and from 92000000-1
sporting services ^ (3) into the 92700000-8 (except 92230000-2,
92231000-9, 92232000-6)
----------------------------------- -------------------------------------------------------------------
27 other services
----------------------------------- -------------------------------------------------------------------
(1) CPC Nomenclature (temporary version), which is used to define the
the scope of Directive 92/50/EEC.
(2) except employment contracts.
(3) except contracts for the acquisition, development, production or co-production of
of programme material by broadcasters and contracts for the
broadcasting time.
List of services in the field of defence and security, not subject to the publication of the
in the official journal of the European Union
----------------------------------------------------------------------------------------------------------------------
The category of the subject of the CPV reference numbers
----------------------------------------------------------------------------------------------------------------------
21 hotel and restaurant services From 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6
22 and Accompanying side transport services From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0,
63712710-3 and 63727000-1 to 63727200-3) and 98361000-1
23 legal services From 79100000-5 to 79140000-7
24 Services personnel agencies and the provision Of 79600000-0-79635000-4 (except for 79611000-0, 79632000-3,
service ^ 1) 79633000-0) and from 98500000-8 to 98514000-9
25 health and social services for 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5
and 85322000-2)
26 other services
----------------------------------------------------------------------------------------------------------------------
1) except employment contracts.
Annex 3
Construction activities under section 9 paragraph 1 letter a)
------------------------------------------ ------------------------------------------ -----------------
^ (1) NACE Code CPV
------------------------------------------ ------------------------------------------
Section F Construction
------------------------------------------ ------------------------------------------
Section Group Class Notes Description
------------------------------------------ ------------------------------------------ -----------------
45 Construction contents of this section: construction of new buildings to 45 million
and works, renovation and routine maintenance of
------------------------------------------ ------------------------------------------ -----------------
45.1 site preparation 45100000
------------------------------------------ ------------------------------------------ -----------------
45.11 Demolition and cutting the contents of this class: 45110000
buildings; preparation of the territory — the demolition of buildings and other structures
and ground work — cleaning sites
— ground work: excavation, landfill,
levelling and landscaping
construction sites, trench digging,
the removal of rocks, blasting, etc.
— preparation of sites: mining
works, removal of the overburden and other
development and preparatory work
— This class also includes:
— drainage of construction sites
— drainage of agricultural and forest
surfaces
------------------------------------------ ------------------------------------------ -----------------
Exploratory drilling 45.12 and content of this class: 45120000
dredging operations — test drilling and core
drilling for construction, geophysical,
geological or similar purposes
This class does not include:
— drilling works in the oil and
natural gas for the purpose of mining, see
11.20
-water well drilling, see 45.25
— shaft sinking, see 45.25
— exploration of crude oil and natural
gas, geophysical, geological and
seismic measurements, see 74.20
------------------------------------------ ------------------------------------------ -----------------
28.1 Implementation complete 45200000
buildings or their
parts; building
Engineering
------------------------------------------ ------------------------------------------ -----------------
45.21 General construction of the content of this class: 45210000 except:
buildings and construction — construction of buildings of all kinds 45213316 45220000
construction of civil engineering works — 45231000 45232000
— civil engineering — bridges, including the
Highway overpasses, viaducts, tunnels and
underground railways
— long-distance pipelines, telecommunications and
electrical lines
— urban pipeline, cable and electrical
the network; — related urban Assembly
and construction of prefabricated buildings on the
the construction site
This class does not include:
— supporting and occasional services
related to the extraction of oil and natural
gas, see 11.20
— construction of complete prefabricated constructions
of the nebetonových parts of our own production, see
divisions 20, 26 and 28
— building work, other than buildings,
for stadiums, swimming pools, gymnasiums,
tennis courts, golf courses and
other sports installations, see
45.23
— building installation, see 45.3
— the completion of buildings, see 45.4
— activities of architects and engineering
activities, see 74.20
— control construction projects, see 74.20
------------------------------------------ ------------------------------------------ -----------------
45.22 erection Content of this class: 45261000
construction and installation — installation of roofs
roofing — the laying of roofs
— insulation against water and moisture
------------------------------------------ ------------------------------------------ -----------------
Construction of highways and the contents of 45.23 this class: 45212212 and DA03
roads, airports and the construction of motorways, roads — the, streets, other 45230000, except:
sports facilities for vehicles and pedestrian paths 45231000-45232000-
— construction of railways 45234115
— construction of the airfield runways
— building work, other than buildings,
for stadiums, swimming pools, gymnasiums,
tennis courts, golf courses and
other sports equipment, coatings and
surface marking of roads and parking lots. This
class does not include:
— preparatory ground work, see 45.11
------------------------------------------ ------------------------------------------ -----------------
45.24 construction of water works includes the building of this class: 45240000
waterways, ports (including
jachetních), river works, locks, etc.
— dams and dykes
— dredging underwater
— underground work
------------------------------------------ ------------------------------------------ -----------------
45.25 other construction contents of this class: 45250000 45262000
activities involving — specialized activities requiring
Special crafts special professional qualifications or
equipment
— construction of the foundations, including piloting
drilling and construction of wells, excavation
bays
— installation of steel elements rather than your own
production
— bending of steel
— masonry and paving contractors
-Assembly and disassembly of scaffolding and moving
working platforms, including their
rent
— construction of chimneys and industrial ovens
This class does not include:
— renting of scaffolds without their montážea
dismantling, see 71.32
------------------------------------------ ------------------------------------------ -----------------
45.3 building installation 45300000
work
------------------------------------------ ------------------------------------------ -----------------
the contents of this Installation class 45.31:45213316 45310000
electrical wiring installation in buildings or other construction projects of: in addition to:-45316000
and equipment — electrical wiring and fittings
— telecommunications systems
-electric heating
— radio and tv antennas
(for residential buildings)
— fire detectors
— protection against
burglary
— lifts and escalators
— lightning conductors, etc.
------------------------------------------ ------------------------------------------ -----------------
45.32 Insulation work contents of this class: 45320000
— installation of insulation thermal, noise or
vibration in buildings or other construction projects
This class does not include:
— insulation against water and humidity, see
45.22
------------------------------------------ ------------------------------------------ -----------------
45.33 plumbing Content of this class: 45330000
— installation in buildings or other construction projects of:
— water and sanitary equipment
— gas pipe
— heating, ventilation, cooling
or air-conditioning equipment and management
— sprinkler equipment
This class does not include:
— installation of electrical heating systems, see 45.31
------------------------------------------ ------------------------------------------ -----------------
45.34 other building contents of this class: 45234115 45316000
installation work of illumination and signalling installation — 45340000
equipment for roads, railways, airport
and ports
— installation of equipment and fixtures
not elsewhere specified in buildings and other
construction sites
------------------------------------------ ------------------------------------------ -----------------
45.4 building completion and 45400000
finishing work
------------------------------------------ ------------------------------------------ -----------------
45.41 Plastering and the content of this class: 45410000
stucco plastering and stucco work, including
related lathing, on budovácha
other construction projects and in their interiors
------------------------------------------ ------------------------------------------ -----------------
45.42 joinery installation contents of this class: 45420000
building completion work — installation of doors, Windows, door and window
frames, built-in kitchen, stairs,
the device stores, etc. not your own
production of wood or other materials
— finishing the Interior as
tile installation in ceilings, walls, installation of mobile
partitions
This class does not include:
— the laying of parquet and other wood
floor coverings, see 45.43
------------------------------------------ ------------------------------------------ -----------------
45.43 walls and contents of this class: 45430000
floor — bonding or laying in buildings and
covering other construction projects of:
— ceramic, concrete or stone
tiles and wall tiles
— parquet and other wood floor
coverings carpets and linoleum,
including rubber and plastic
coverings
— terrazzo, marble, granite or
Slate flooring and
wall-hanging
------------------------------------------ ------------------------------------------ -----------------
45.44 painting Decorators Content of this class: 45440000
and paint jobs — the application of internal and external coatings
buildings — painting engineering constructions
— installation of glass and mirrors
This class does not include:
— installation of Windows
------------------------------------------ ------------------------------------------ -----------------
45.45 Other finishing the content of this class: 45212212 and DA04
Works — installation of private swimming pools 45450000
— pressure steam facade cleaning, sand and
similar activities, which relate to the
the outer shell of the buildings
-other building completion and finishing
construction works n.e.c.
This class does not include:
— cleaning the interiors of buildings and other
structures, see 74.70
------------------------------------------ ------------------------------------------ -----------------
45.5 renting of construction and 45500000
demolition
equipment with operator
------------------------------------------ ------------------------------------------ -----------------
45.50 renting of construction and this class excludes: 45500000
demolition-renting of construction or demolition
equipment with operator of machinery and equipment without operators, see 71.32
------------------------------------------ ------------------------------------------ -----------------
(1) Council Regulation (EEC) No 3037/90 of 9 October 1990. October 1990 on the statistical
classification of economic activities in the European Community (OJ. L
293, on, p. 1). Regulation as last amended by Commission Regulation
(EEC) no 761/93 (OJ. L 83, 3.4.1993, p. 1).
Selected provisions of the novel
Article II of Act No. 76/2008 Sb.
Transitional provision
The tender proceedings initiated before the date of entry into force of this Act shall be
completed pursuant to Act No. 137/2006 Coll., on public procurement, as amended by
effective until the date of entry into force of this Act.
Article. (II) Act No. 417/2009 Sb.
Transitional provisions
1. Public procurement, design contests and the procedure for the review of
the acts of the contracting authority the Authority initiated before the date of entry into force of this
Act shall be completed according to the existing legislation.
2. In proceedings for review of acts of the contracting authority, which was initiated after the date of
entry into force of this Act and on the award of public contracts
or competition for the proposal referred to in point 1, shall follow the procedure referred to in
the existing legislation.
Article. (II) Act No. 179/2010 Sb.
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 proceedings for review of acts of the contracting authority, which was initiated after the date of
entry into force of this Act and on the award of public contracts
or competition for the proposal referred to in point 1, shall follow the procedure referred to in
the existing legislation.
3. Electronic tools certified according to present regulations are
contracting entities are authorized to use up to 30. June 2011.
Article. (II) Act No. 423/2010 Sb.
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 commenced 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. (II) Act No. 258/2007 Sb.
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.
3. a natural person who, after the entry into force of this Act shall exercise
a sensitive activity referred to in section 157a of paragraph 1. 1 and does not qualify for
performance sensitive activities, shall within 6 months from the date of entry into force of
of this Act, submit to the contracting authority a valid proof of safety
natural persons, or a valid certificate of a natural person. By the time of
the fulfilment of the obligations under the first sentence, for the purposes of this Act, this
a natural person considered to be the natural person complying with the prerequisites for
performance sensitive activities, provided that they have already requested the issue of the document
about the safety of natural persons.
Article. (II) Act No. 55/2010 Sb.
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. LXXV of Act No. 303/Sb.
Transitional provision
If prior to the date of acquisition of the effectiveness of Act No. 513/91 Coll., the civil
code, opened a procurement procedure is governed by the private rights and obligations
from the contract concluded on the basis of this contract, including the rights and
obligations of the breach of this agreement, the existing laws and regulations,
unless the contracting authority in the specifications determines otherwise. This does not prevent
arrangements between the parties that this their private rights and obligations will be
governed by law No 513/91 Coll., the civil code.
Article. (II) Act No. 341/Sb.
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, which began before the
the effective date of this statutory measure to the Senate, and to this day
hedge contingent exposures, completes, and the rights and obligations related to
According to Act No. 137/2006 Coll., in the version in force before the date of
entry into force of this legal measure in the Senate.
2. In the procedures for review of acts of the contracting authority, which started from the
the effective date of this statutory measure to the Senate, and to this day
the unfinished and that on public procurement or the competition for the design of
referred to in point 1, are the procedures pursuant to Act No. 137/2006 Coll., on
the version in force before the date of entry into force of the legal measures
The Senate.
Article. (II) Act No. 40/2015 Sb.
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.
1) European Parliament and Council Directive 2004/18/EC of 31 October. March
2004 on the coordination of procedures for the award of public works contracts
works, supplies and services. Directive of the European Parliament and of the Council
2005/75/EC of 16 December 2002. November 2005 correcting directive
2004/18/EC on the coordination of procedures for the award of public works contracts
works, supplies and services.
European Parliament and Council Directive 2004/17/EC of 31 October. March 2004
on the coordination of procedures for the award of public procurement procedures of entities operating
in the sectors of water, energy, transport and postal
services.
Council Directive 89/665/EEC of 21 December 1988 December 1989 on the coordination of laws,
and administrative provisions relating to the review procedure when entering
public supply contracts and public works contracts.
Council Directive 92/13/EEC of 25 September 1992. February 1992 on the coordination of laws, regulations and
administrative provisions relating to the application of Community provisions on
procedures for the award of public contracts in the field of water
economy, energy, transport and telecommunications sectors.
European Parliament and Council Directive 2007/66/EC of 11 December 1997. December
2007, amending European Parliament and Council directive 1989/666/EEC
and a directive of the European Parliament and of the Council 1992/13/EEC with regard to
increase the effectiveness of review procedures concerning the award of public contracts.
European Parliament and Council directive 2009/81/EC of 13 April 2004. July
2009 on the coordination of procedures for the award of certain works contracts,
works, supplies and services by contracting entities in the field of defence and security, and
amending directives 2004/17/EC and 2004/18/EC.
Commission Directive 2005/51/EC of 7 September 2004. September 2005 amending the annex to
XX of the European Parliament and Council Directive 2004/17/EC and annex VIII
European Parliament and Council Directive 2004/18/EC on public procurement.
2) Act No. 219/2000 Coll., on the property of the Czech Republic and its representation
in legal relations, as amended.
3 for example, section 12 paragraph 1). 1 of Act No. 77/2002 Coll., on the joint-stock company
Czech railways, State Organization railway transport route and
Amendment of the Act No. 266/1994 Coll., on rail, as amended,
and Act No. 77/1997 Coll., on State enterprise, as amended
regulations.
4) Act No. 458/2000 Coll., on conditions for business and for the exercise of State
management in the energy sectors and on amendments to certain laws
(Energy Act), as amended.
5) Act No. 276/2001 Coll. on public water supply and sewerage Act
the need for, and on amendments to certain acts (the Act on water supplies and sewerage Act),
in the wording of later regulations.
6) Act No. 266/1994 Coll., on rail, as amended.
7) Law No 111/1994 Coll. on road traffic, as amended
regulations.
8) European Parliament and Council Directive 97/67/EC of 15 December 1999. December
1997 on common rules for the development of the internal market for postal
Community services and increase the quality of services.
Directive of the European Parliament and of the Council 2002/39/EC of 10 June 1999. June
2002 amending Directive 97/67/EC with regard to the further opening of the
competition of Community postal services.
9) Act No. 49/1997 Coll., on Civil Aviation, and amending and supplementing
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, as amended.
10) Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as amended.
11) Annex III to European Parliament and Council Regulation (EC) No 2195/2002
of 5 April 2004. November 2002 on the common procurement vocabulary
Vocabulary (CPV), as amended by Commission Regulation (EC) no 2151/2003 of 16 December 2002. December
2003, amending European Parliament and Council Regulation (EC) No.
2195/2002 of 5 November 2002. November 2002 on the common vocabulary for public
procurement vocabulary (CPV).
12) § 29 para. 2 Act No. 586/1992 Coll., on income taxes, as amended by
amended.
13) section 66a.
14) of section 331 of the commercial code.
15) § 21 of the commercial code.
16) Act No. 412/2005 Coll., on the protection of classified information and on the
Security eligibility.
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.
20) Act No. 586/1992 Coll., of the Securities Act, as amended
regulations.
21) for example, Act No. 6/1993 Coll. on Česká národní banka, as amended by
amended.
22) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications).
24) for example, Act No. 77/1997 Coll., on State enterprise, as amended by
amended, law no 250/2000 Coll. on budgetary rules
local budgets, as subsequently amended, Act No. 219/2000 Coll.
in the wording of later regulations.
25) Act No. 36/1967 Coll. on experts and interpreters.
26) § 3 (1). 12 Act No. 86/2002 Coll., on the protection of air and amending
some other laws (law on the protection of the atmosphere), as amended
regulations.
27) Government Regulation No. 463/2000 Coll., on the establishment of rules of engagement
international rescue operations, the provision and acceptance of humanitarian
assistance and refunds of expenditure involved, legal persons, and
doing business with individuals to protect the population, as
amended.
28) for example Act No. 247/1995 Coll., on elections to the Parliament of the Czech
Republic and amending and supplementing certain other acts, as amended by
amended, Act No. 130/2000 Coll., on elections to the Councils
counties and amending certain laws, as amended, the law
No. 491/2001 Coll. on elections to the Councils of the municipalities and amending certain
laws, as amended, Act No. 62/2003 Coll. on elections
to the European Parliament and on amendment to certain laws.
29) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic,
in the wording of later regulations.
30) Law No. 121/2000 Coll., on the protection of the collections of the Museum of the nature, as amended by
amended.
31) Article. 30 European Parliament and Council Directive 2004/17/EC.
32) Act No. 2/1969 Coll., on establishment of ministries and other Central
bodies of State administration, as amended.
33) European Commission decision 2005/15/EC of 7 September 2004. January 2005 on
detailed rules for the procedure established by article 30 of Directive
European Parliament and Council Directive 2004/17/EC of 31 October. March 2004 on the
the coordination of procedures for the award of public contracts by entities operating in the
sectors of water, energy, transport and postal services sectors.
35) § 4 of law No. 22/1997 Coll., on technical requirements for products and on the
amendments to certain laws, as amended by law No 71/2000 Coll. and
Act No. 207/2002 Sb.
Article 36). 8 of Council Directive 89/106/EEC of 21 December 1988 December 1998 on the
approximation of the laws, regulations and administrative provisions of the Member States relating to the
construction products.
37) section 3 of the Government Decree No. 163/2002 Coll., laying down technical
the requirements for the selected building products.
for example, 38) European Parliament and Council Regulation (EC) no 1980/2000,
of 17 May. July 2000 on a revised Community system for
eco-label award.
38A) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road
roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance
for damage caused by operation of the vehicle and amending certain related
laws (the law on the liability insurance of the vehicle), as amended by
Act No. 309/1999 Coll., as amended. Decree No.
341/2002 Coll., on the approval of the technical competence and the technical
the conditions of operation of vehicles on the road, as amended by
amended.
39) European Parliament and Council Regulation (EC) No 2195/2002, as amended by
Commission Regulation No 2151/2003.
40) section 49 of the commercial code.
41) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
for example, § 42) 2f law No 249/1997 Coll., on agriculture, as amended by
Act No. 85/2004 Sb.
for example, 43) Law No 416/2004 Coll., on patent representatives and amending
law on measures for the protection of industrial property, Act No.
254/2000 Coll. on Auditors and amending Act No. 167/1998 Coll., as amended by
amended, Act No. 85/1996 Coll., on the legal profession, as amended by
amended.
for example, 44) Act No 360/1992 Coll., on the exercise of the profession of Chartered
architects and about the profession of Chartered Engineers and technicians
active in construction, as amended.
45) Act No. 563/1991 Coll., on accounting, as amended.
46) § 1 (1). 2 (a). (e)) and section 20 (2). 1 (b). and) point 2 of law No.
563/1991 Coll., as amended.
47), for example, Act No. 22/1997 Coll., as amended.
48) § 9 para. 3 of the labour code.
49) § 44 para. 1 Act No. 50/1976 Coll., as amended by Act No. 82/1998 Coll.
and Act No. 59/2001 Sb.
50) Czech technical standards ČSN EN ISO 9000 series.
51) section 16 of Act No. 22/1997 Coll., as amended by law No 71/2000 Sb.
52) European Parliament and Council Regulation (EC) no 761/2001 of 19 June 2001.
March 2001 allowing voluntary participation by organisations in the management and audit of the
environmental management (EMAS).
53) Czech technical standards ČSN EN ISO 14000 series.
53A) section 47 of Act No. 37/2004 Coll., on insurance contracts, as amended by
amended.
54) § 7 para. 1 of Act No. 219/2000 Sb.
55) Article. 87 and following of the Treaty establishing the European Community.
56) Annex No. 1 of European Parliament and Council Regulation (EC) No.
2195/2002, as amended by Commission Regulation No 2151/2003.
57) of Council Regulation (EEC) No 2913/92 of 12 October 1992. October 1992 establishing
the Community customs code, as amended.
58) section 67 of Act No. 435/2004 Coll., on employment.
60) section 11 of Decree No. 518/2004 Coll., implementing Act No. 435/2004
Coll., on employment.
61) Commission Regulation (EC) No 1564/2005 of 7 March 2005. September 2005
provides standard forms for the publication of notices in the framework of the procedures
public procurement according to the directives of the European Parliament and of the Council
2004/17/EC and 2004/18/EC.
62) Act No. 553/1991 Coll. on State control, as amended
regulations.
63) for example, Act No. 166/1993 Coll. on the Supreme Audit Office, in
as amended.
64) § 37 para. 2 of the administrative code.
65) § 2 (2). 2 of the commercial code.
66) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
67) for example, Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended, Act No. 106/1999 Coll., on free access to
information, as amended.
69), Act No 634/2004 Coll., on administrative fees.
69A) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
70) § 2 (b). d) of Act No. 365/2000 Coll., on information systems
public administration and on the amendments to certain other laws.
71) § 2 (b). d) Act No 227/2000 Coll. on electronic signature and
amendments to certain other laws (the law on electronic signature), in
amended by Act No. 440/2004 Sb.
72) Act No 227/2000 Coll., as amended.
73) Law No 499/2004 Coll. on Archives and records service and amending
Some laws.
74) § 1 (1). 2 and 3 of Act No. 137/2006 Coll., on concession contracts and
concession award procedure (the concession Act).
75) Act No. 365/2000 Sb.
77), for example, Act No. 239/2000 Coll., on the integrated rescue system
and amending certain laws, as amended, law No.
240/2000 Coll., on crisis management and on amendments to certain acts (the crisis
Act), as subsequently amended, Act No. 242/2000 Coll., on the
economic measures for crisis States and amending certain
related laws, as amended.
77) § 5 (b). e) point 3 of Act No. 435/2004 Coll., on employment, in the
as amended.
78) Article. 6 European Parliament and Council directive 2009/33/EC of 23 December 2003.
April 2009 on the promotion of clean and energy-efficient road transport vehicles.
79) for example, Act No. 38/1994 Col., on foreign trade with military
the material and the addition of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by later regulations, and act
No. 140/1961 Coll., the criminal code, as amended, law No.
310/2006 Coll., on dealing with some things usable to defense and
safety purposes on the territory of the Czech Republic and amending certain
other laws (the law on the management of safety material), as amended by
amended.
81) section 6 of Act No. 455/1991 Coll., on trades, as amended by
amended.
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.
for example, 84) § 5 para. 2 (a). b) of Act No. 6/1993 Coll., as amended by
amended.
85) Act No 360/1992 Coll., as amended.
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.
