The Disclosure Of The Notice For The Purposes Of The Law On Public Procurement

Original Language Title: o uveřejňování vyhlášení pro účely zákona o veřejných zakázkách

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77386&nr=133~2F2012~20Sb.&ft=txt

133/2012 Sb.



The DECREE



of 20 December. April 2012



the disclosure of the notice for the purposes of the law on public procurement and

details of the contracting authority's profile



Change: 171/2015 Sb.



Ministry for local development provides under section 159, paragraph. 3 of Act No.

137/2006 Coll., on public procurement, as amended by law No 110/2007 Coll.

Act No. 179/2010 Coll. and Act No. 55/2012 Coll. (hereinafter the "Act") to

implementation of section 17 (a). x 108), §, § 146 paragraph. 3 and 6 and § 147a paragraph. 8

the law:



§ 1



The subject of the edit



This Decree regulates the following on directly applicable provision

The European Union ^ 1)



and) access to published the announcement,



(b) procedures for the disclosure of the notice),



(c) compulsory information in the inserted) the notices to be published

in the journal of public procurement,



(d)) of the form through which are in the public

the contracts announced its publication,



(e) the requirements of the contracting authority, profile)



(f) the publication of the data structure) on the profile of the contracting authority.



§ 2



The method of publication of the



(1) the information on public contracts by means of the forms referred to in section

3 the contracting authority, the Tenderer shall publish a notice in the Gazette, or the selected public

contracts.



(2) all of the information from the publication that has been served in accordance with section 4,

are published on the website of the operator's Journal

public procurement (hereinafter referred to as the "operator") in a way that allows you to

unlimited and direct access. Published notices and their modifications

within the meaning of § 6 are free of charge to the public for at least 5 years from the

their publication.



§ 3



Types of forms for the publication of the notice



(1) the contracting authority shall apply to the publication of the notice in the Gazette for public

contracts for the



and on the profile of the contracting authority) notification notification form on the profile

the buyer directly applicable in the European Union regulation ^ 1)



(b) the simplified notification form) a simplified contract notice in

under the dynamic purchasing system, modified in the directly applicable

the European Union regulation ^ 1)



(c) the notice of the competition for the design) of the notification form on the contest

the modified code in directly applicable European Union ^ 1),



(d)) the result of the competition form the results of design contest

the performance of modified in directly applicable European Union regulation ^ 1)



e), notice of the intention to conclude a contract within the meaning of § 146 paragraph. 2 of the Act

notification form for voluntary ex ante transparency in directly

the applicable regulation in the European Union "^ 1"),



f) cancellation of a procurement procedure or a design contest form

The cancellation of the contract award procedure or contest the proposal referred to in annex No. 1 to the

This Decree,



(g) a summary of the notification of the public procurement) in the case of dynamic purchasing

system or a summary of the notification of the award of contracts based on a framework

contract form, a summary of the notification of the award of contracts based on a framework

the contracts referred to in annex 2 to this Decree,



(h) the contracting authority form) notification Notification profile profile of the contracting authority

referred to in annex 3 to this Decree,



even the cancellation of the sponsor profile form) the abolition of the contracting authority's profile

referred to in annex 4 to this notice.



(2) the contracting authority shall apply to the publication of the notice in the Gazette

public procurement for



and a preliminary notification form) prior information notice revised

in the European Union, directly applicable regulation ^ 1),



(b)) a notice of initiation of the award procedure the contract notice form

directly applicable in the European Union regulation ^ 1)



(c) notification of the outcome) of the award procedure, the notification of the award

order a customized directly applicable in the European Union regulation ^ 1).



(3) the contracting authority shall apply to the publication Sector of its publication in the Gazette

public procurement for



and) periodic indicative notice form periodic indicative notice

-public services edited directly applicable regulation

Union ^ 1),



(b)) a notice of initiation of the award procedure, the notification about order-

public services in the European Union, directly applicable regulation ^ 1),



(c) notification of the outcome) of the award procedure, the notification of the award

-public service contracts in the sanitized directly applicable regulation

Union ^ 1).



(4) the contracting authority public contracts in the defence or security of the uses

for publication of a notice in the Gazette for public procurement



and a preliminary notification form Notification) prior information to

orders in the area of defence and security in directly applicable

the European Union regulation ^ 1)



(b)) a notice of initiation of the award procedure in the form of a contract notice

the defence and security directly applicable in regulation

The European Union ^ 1),



(c) notification of the outcome) of the award procedure, the notification of the award

contracts in the field of defence and security in directly applicable

the European Union regulation ^ 1).



(5) For the publication of the notice in the journal of public procurement, the selected

candidate for public order in the area of defence or security uses the

for notice of subcontract subcontract notification form set out in

directly applicable European Union regulation ^ 1).



§ 4



Methods of delivery of the notice



(1) the contracting authority or the selected candidate delivers the operator Journal

public procurement publication for publication or requests to modify already

published notice provided for in section 6, in writing, in paper or in

electronic form.



(2) the document referred to in paragraph 1 delivered in paper form



and is delivered through the holder) postal licence under the Act on

postal services, through a person who carries out the transport of

mail or personal delivery to the registry operator's Journal

public procurement,



(b)) must be signed by the natural person authorised to sign for the

the contracting authority or, where appropriate, provided with the selected applicants a stamp,

If the stamp is part of the used forms of the signing of the contracting authority

or the selected candidates.



(3) a document referred to in paragraph 1 shall be delivered in electronic form

delivers



and data boxes under) through other legislation ^ 2)



(b)) by electronic means pursuant to section 149 of the Act to an e-mail address

Mailroom operator



(c)) through the remote access direct by filling in an electronic

form in the information system using Internet applications,



(d)) through the remote access by using the data interface

the information system.



(4) a document delivered pursuant to paragraph 3 shall be signed by the guaranteed

an electronic signature based on a qualified certificate ^ 3)

issued for the person authorized to sign for the contracting entity or the

the selected candidates.



(5) the Allowable formats of data messages containing publication delivery

the operator through data boxes are



and) pdf (Portable Document Format), which was created by filling in the

the electronic form published on the website of the

the operator contains the corresponding extension,



(b)), xml (Extensible Markup Language Document) conforms to validation

the rules contained in an XSD schema, published on the Internet

the website of the operator, and if the corresponding file extension.



(6) the appropriate extension referred to in paragraph 5 (a). and (b))) means the

the external character format data report, which allows you to programmatically equipment

determine the type of the data file.



§ 5



Defects of the publication



(1) where the publication of the elements referred to by the operators received

in section 4, paragraph 4. 2 (a). (b)) and section 4, paragraph 4. 4 or the information referred to in section 7, the

announcement of the publication. Also will not be disclosed to the publication, which is not in the

the formats listed in section 4, paragraph 4. 5.



(2) the operator submits to the contracting authority or the selected candidates to 3

working days from receipt of the notice of publication of the notification, that will not be

for defects as referred to in paragraph 1, including the publication of appropriate justification

This fact. At the same time, the operator shall invite the contracting authority or those of the selected

applicant to correct the defects of the publication.



(3) in the event that the defect is detected, the performance of the operator, the operator

sends to the contracting authority or the selected candidates in 2 working days

or report a defect notification, which will include the draft resolution

measures to eliminate the defects. An operator shall ensure that, immediately upon written

the consent of the contracting authority or those of the selected candidates with suggested corrective

measures of removal of defects at its own cost.



§ 6



Edit the data in the published publication



(1) the contracting authority or the selected candidate, which requires editing of published

publication in accordance with § 147, paragraph. 8 of the Act, the procedure shall, mutatis mutandis, in accordance with section 3 of the

so, again, fills in the appropriate form and change data in it

edit requests.



(2) in the case of the publication of the revised publication shall ensure that the operator

revocation of the original publication, and this fact clearly indicate on the

the original form. This publication will be the operator zneplatněné

maintained to ensure any inspection and to permit comparison with the

the modified publication.



section 7 of the



Information and documents released on the contracting authority's profile
(1) the contracting authority shall publish on its sponsor profile specifications

or the text portion of the tender documents in accordance with section 48 of the Act, a qualifying

the documentation referred to in section 48, paragraph. 6 of the Act, the additional information under section 49

law and a written report under section 85 of the Act.



(2) the contracting authority shall publish a notice in writing to the contracting authority on your profile

the challenge in the simplified lower management, pursuant to section 38 of the Act, information

allowing tours of the place of performance for the simplified case management

under section 49 of the Act, the contract concluded on a public contract including all

its amendments and additions, the amount of the actually paid the price for the fulfilment of the public

the contract, a list of subcontractors the supplier procurement under section 147a

law and public order justification under section 156 of the Act. On your profile

Contracting Authority the contracting authority may publish in the simplified

lower management decision on the exclusion of tenderers under section 60 and 76

the Act and the notice of the selection of the best tender in accordance with section 81 of the Act.



§ 8



The requirements for the elements of the contracting authority's profile



(1) the sponsor shall ensure that the



and each could make sure) about the identity of the contracting authority, where appropriate, the identity of the

operator profile of the contracting authority in an appropriate form,



(b) the records of the State of the profile) of the contracting authority and published documents

created and protected against alteration, destruction and unauthorized access,



(c) records contain information about) the identification of the person who published

the document, an identification document, the date and time of the beginning and the end

the publication,



(d)), published the document was protected against unauthorized change and was in

time limit available continuously,



(e)) was given the time to the nearest second, and was obtained from the

trusted time gauge to match the value of coordinated

universal time (UTC),



(f) the Internet address of the profile of the contracting authority) published in the journal of the

public contracts by referring directly to an Internet page on which

are published solely public contracts of the respective Contracting Authority, and



g) all documents and information that have been published on the profile

of the contracting authority, were publicly accessible free of charge for a period of at least 5 years from the

their publication. The exception are documents provided pursuant to section 38 and 48

the law.



(2) the contracting authority is not entitled to use to publish information about their

public procurement at the same time more profiles of the contracting authority. This does not prejudice

the right of the contracting authority at the same time use the electronic marketplace of the public

Administration or National electronic instrument also as your profile

of the contracting authority.



(3) if the contracting authority, the contracting authority shall ensure that his/her profile to



and) all information and documents to the public procurement published on

an unused profile contracting authority were transferred to the newly used profile

of the contracting authority, in accordance with paragraph 1 (b). g). Unused profile

Contracting Authority the contracting authority's profile by sending the cancellation form provided in the

Annex No 4 to this notice, the contracting authority shall identify in the public

orders as cancelled, or



(b)) to the newly used profile was published information about

woman in profile of the contracting authority, including the direct hyperlink.

The contracting authority shall also ensure that, through the unused profile

the contracting authority were not published information to public procurement launched

After the date when the change in the profile of the contracting authority. On an unused profile

the contracting authority will be added to public procurement information here

the best. Unused profile sponsor submitting the form Cancellation

profile of the contracting authority referred to in annex 4 to this notice, the contracting authority

mark in the journal of public procurement as inactive.



§ 9



The structure of the data on the profile of the contracting authority



(1) all documents to public order published on the profile

of the contracting authority are placed in a logical whole, marked by a unique

the public identifier of the contract.



(2) the contracting authority for documents published on the profile of the contracting authority shall apply

one of the formats listed in part I.)-q) of annex 3 of the Decree No.

194/2009 Coll., laying down details of the use and operation of the

information system data.



(3) Written in the simplified management challenge lower according to § 38

the law, the contract documents or the text portion of the contract documents

under section 48 of the Act, additional information, and for information about allowing tours

the place of fulfilment for the simplified case management, pursuant to section 49 of the Act,

decision on exclusion of the applicant under section 60 and 76 of the Act, the notice of

choosing the best offer according to section 81 of the Act, in a simplified

lower management and the written report referred to in section 85 of the Act are signed

an advanced electronic signature based on a qualified

a certificate that was issued to the person authorized to sign for the

of the contracting authority.



(4) if the contracting authority imposed the obligation to use the electronic

the souks of the public administration, the contracting authority shall publish on its sponsor's profile

the name and the Internet address of the electronic marketplace, the

through the awards public contracts, and at the latest before the start of

management of the electronic marketplace. If the operator changes

the electronic marketplace is required to change the electronic marketplace

publish to their profile of the contracting authority before the commencement of proceedings on the

the new electronic marketplace.



(5) Basic information about the selected public order published on the profile

of the contracting authority in the form of structured data, which is described in the

Annex No. 5 to this Decree.



§ 10



Transitional provisions



The contracting authority shall ensure compliance with the requirement to disclose on the contracting authority's profile

basic information about the order selected by the public in the form of structured

the data referred to in section 9 (2). 5 not later than 31 December 2006. December 2012.



§ 11



Cancellation provisions



Decree No. 339/2010 Coll., on the public disclosure of the notice for the purposes of the Act on the

public procurement, is hereby repealed.



§ 12



The effectiveness of the



This Decree shall take effect on the first day of the second calendar month

following the date of its publication.



Minister:



Ing. Jankovsky in r.



Annex 1



The form for the cancellation of the contract award procedure/competition



Annex 2



Summary form for the notification of award of contracts based on a framework

of the Treaty



Annex 3



Form for notification of the contracting authority's profile



Annex 4



The form for the cancellation of the contracting authority's profile



Annex 5



The scope and the technical description of the data structure for the disclosure of the essential

information on public order published on the profile of the contracting authority, the frequency of

the transmission of information and updates



1. The range of basic information about the contract to the contracting authority's public profile

-mandatory items:



the identifier of the profile of the contracting authority)-this is the registration number

profile of the contracting authority, in the journal of public procurement, allocated on the basis of

Notification of the contracting authority's profile



(b)) IDENTIFICATION NUMBER and the name or trade name of the contracting authority,



(c)) the unique identifier of a public procurement contract registered on your profile

the contracting authority corresponding to the structure of the



PrrVnnnnnnnn

where:



1. "P" specifies that this is a public order published on the

the contracting authority's profile



2. the "rr" specifies the last two digits of the year



3. "in" specifies that this is a public contract



4. the "nnnnnnnn" indicates the 8 digit serial number assigned to a public contract

by the contracting authority in the relevant year



(d) the registration number of public contracts) in the journal of public procurement-

States, where public order is published in the journal of public

procurement



(e)), the name of the public procurement



(f)), which corresponds to the status of the proceedings in accordance with the XML schemas which are listed on the

the website of the information system on public procurement

one of the possible values



1. public order neukončena-information about the order were published on

profile of the contracting authority, the time limit for the submission of tenders or in progress

evaluation of tenders



2. the contract was awarded to the public-has been concluded with the supplier



3. the public order has been canceled



4. performance of the contract concluded on the basis of public procurement



g) specifications of the procurement procedure, which corresponds to XML in accordance with

schemes which are listed on the website of the information system of the

public procurement, one of the possible values



1. open management



2. enhanced control



3. the rules of procedure, with the publication of



4. the rules of procedure without publication



5. the competitive dialogue



6. simplified management-limit



7. competition for the design of



8. order small scale



(h) a list of candidates) is, if such data are known. To each

applicants shall indicate the following particulars:



1. REGISTRATION NO.



2. the name or business name of the applicant in the case of a legal person/name

last name of the applicant in the case of a natural person



3. country of residence, the place of business or residence of the applicant



4. the applicant's price with VAT



I) specification of the selected candidates or the list of selected candidates-

It is reported if there is a selection of the best tender. To each

selected candidates shall indicate the following values:



1. REGISTRATION NO.



2. the name or business name of the applicant in the case of a legal person/name

last name of the applicant in the case of a natural person



3. country of residence, the place of business or residence of the applicant



4. the total price according to the contract without VAT-lists the contracting entity, if

the contract was concluded
5. the total price according to the contract with the VAT-lists the contracting authority, if the

contract



6. actually paid the price without VAT in individual years-lists

the contracting authority, if the implementation of the public procurement



7. actually paid the price with VAT in individual years-lists

the contracting authority, if the implementation of the public procurement



(j))-provides a list of subcontractors the contracting authority, if these

the information known. To each subcontractor stating the following information:



1. REGISTRATION NO.



2. the name or business name of the applicant in the case of a legal person/name

last name of the applicant in the case of a natural person



3. country of residence, the place of business or residence of the applicant



2. information on public order, to the extent and according to the structure of this annex

will be publicly available and will be updated at least once a month,

but not later than within 3. day of the month following the month in which the

the information published on the profile.



3. technical specifications published data



and the basic information will be selected) published on the profile in the

structured form. A detailed description of the XML schema is published on

the website of the information system on public procurement.



b) basic information on the contracting authority's profile will be available on the

Internet address http://(address profile

the contracting authority)/XMLdataVZ? from = to = DDMMYYYY & DDMMYYYY, where



1. "(the address of the profile of the contracting authority)" Internet address is registered in

list of contracting authorities in the Profile of public procurement



2. the "/XMLdataVZ?" is the constant string of characters



3. parameters of the "from =" and "in =" specify the time period in which they are the data

public procurement is provided, i.e.. provide information on all

public procurement contracts registered on the profile of the contracting authority, in which the

During this period (including the days from-to), a change in the base of the selected

information, the maximum period between the parameters of the from-to is 366 days.



4. the value "DDMMYYYY" indicates the structure of the line of the format for a specific

date, where "dd" stands for the day, "mm" the month and "yyyy" year.



5. the data are made available through the GET method



1) Implementing Commission Regulation (EU) No 842/2011 from 19 June. August 2011,

establishing standard forms for the publication of a notice in the

the area of public procurement and repealing Regulation (EC) No.

1564/2005.



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

conversion of documents, as amended.



3) Act No 227/2000 Coll., on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.