The Details On The Extent Of The Justification Of The Effectiveness Of The Public Procurement

Original Language Title: o podrobnostech rozsahu odůvodnění účelnosti veřejné zakázky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77800&nr=232~2F2012~20Sb.&ft=txt

232/2012 Sb.



DECREE



of 25 June 2002. June 2012



the details on the extent of the justification of the effectiveness of the public procurement and

justification public procurement



Ministry for regional development, establishes, pursuant to § 159 paragraph. 3 of Act No.

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

Act No. 76/2008 Coll., Act No. 417/2009 Coll., Act No. 179/2010 Coll.

Act No. 258/2011 Coll. and Act No. 55/2012 Coll., to implement section 86 para.

2 and § 156 para. 8 of the Act:



§ 1



Details of the extent of the justification of the effectiveness of a public contract for the purposes of

the prior notification by the contracting authority pursuant to § 86 para. 2 of the law on

public procurement



Justification the effectiveness of a public contract for the purposes of preliminary notification

the contracting authority has at least



and a description of the needs) to be the fulfilment of public contracts,



(b) a description of the subject of the contract),



(c) a description of the relation of the subject) of the contract and the needs of

the contracting authority,



(d) the estimated due date) of the contract.



§ 2



Justification the effectiveness of the public procurement



Justification the effectiveness of the public procurement contains at least



and the information provided for in § 1), if there is a change compared to the facts in accordance with § 1,



(b)) a description of the risks associated with performance of the contract, the contracting authority

taken into account when fixing the terms of reference.



§ 3



Justification the requirements for technical qualifications



(1) the contracting authority shall justify the adequacy of technical requirements

vendor qualification requirements for the performance of public works contracts

delivery in relation to the subject of the contract and to the risks associated with

performance of the contract, if required



and submit a list of major supply), from which it follows that

the financial value of all major supply is in the aggregate at least

three times the estimated value of public contracts,



(b)) present a list of more than three of the technicians or technical bodies involved,



(c)) the presentation of the description of the technical equipment and the measures employed

supplier to ensure the quality and description of the facility or equipment

the vendor intended for carrying out research,



d) supervised the production capacity by the contracting authority or other

by a person on his behalf, or the implementation of control measures on the

quality assurance and research,



e) samples, descriptions and/or photographs of the goods to be delivered,



(f) proof of compliance) of the desired product issued by the competent

authority.



(2) the contracting authority shall justify the adequacy of technical requirements

vendor qualification requirements for the performance of public works contracts

services in relation to the subject of the contract and to the risks associated with

performance of the contract, if required



and submit a list of the major services), from which it follows that

the financial value of the relevant services is at least three times in a summary

the estimated value of public contracts,



(b)) present a list of more than three of the technicians or technical bodies involved,



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, or perform the scan action

relating to quality assurance and research,



e) certificate of higher level of education than high school with

GCSE and certificate of professional qualification of more than three years

the vendor or the vendor's senior staff or persons in a similar

the position and the persons responsible for providing the relevant services,



(f)) an average annual number of employees of the supplier

or other persons involved in the performance of works contracts of a similar nature

and the number of executive employees of the contractor or persons in a similar

position,



(g) an overview of the tools or utilities), operational and technical equipment

that will have the supplier in the performance of public contracts available.



(3) the contracting authority shall justify the adequacy of technical requirements

vendor qualification requirements for the performance of public works contracts

construction work in relation to the subject of the contract and to the risks

related to the performance of the contract, if required



and the presentation of the list of works), from which it follows that the financial

the value of the construction works is in the summary at least twice

the estimated value of public contracts,



(b)) present a list of more than three of the technicians or technical bodies involved,



(c)) of the certificate of professional qualifications more than five years of the supplier or

Executive employees of the contractor or persons in a similar position and people

responsible for the management of the implementation of the relevant construction work,



d) an average annual number of employees of the supplier

or other persons involved in the performance of works contracts of a similar nature

and the number of executive employees of the contractor or persons in a similar

position,



(e) an overview of the tools or utilities), operational and technical equipment

that will have the supplier in the performance of public contracts available.



§ 4



Justification the definition of contract terms and conditions



(1) the contracting authority shall justify the definition of terms and conditions of the public

supply contracts and public service contracts in relation to its

the needs and risks related to the performance of the contract, if



and provides for a longer period) due invoices over 30 days from the date of

the invoice,



(b)) requires liability insurance for damage caused by the supplier

third parties of more than twice the estimated value

public procurement,



(c)) requires a bank guarantee higher than 5% of the price of the contract,



d) requires warranty period longer than 24 months,



(e)) provides for a penalty for delay of the vendor more than 0.2% of the

the estimated contract value for each day of delay,



(f)) provides for a penalty for delay of payment of the invoice of the contracting authority higher

than 0.05% of the due amount for each day of delay.



(2) the contracting authority shall justify the definition of terms and conditions of the public

supply contracts and public service contracts in relation to its

the needs and risks related to the performance of the contract, if in

the tender documents shall define terms and conditions other than those referred to in

paragraph 1.



(3) if the contracting authority sets out the terms and conditions of the contract

works, does not flow under paragraphs 1 and 2.



§ 5



Justification the definition of technical terms



(1) if the contracting authority shall specify in the contract documents technical

the terms of the contract, shall justify the definition of those requirements in respect of

to their needs and to the risks related to the performance of the contract.



(2) in the case of public works contracts shall justify to the public

only the contracting authority the technical conditions defined in the specifications

beyond the scope of the technical characteristics, descriptions and conditions of implementation

the works referred to in the contract documents under section 44 para. 4

the law on public procurement.



§ 6



Justification the determination of basic and intermediate evaluation criteria and

the method of evaluation of tenders



(1) the contracting authority shall justify the determination of basic and intermediate

evaluation criteria in relation to its needs.



(2) the contracting authority shall justify the adequacy of the definition of intermediate

evaluation criteria, if it's the evaluation criterion of the economic

money and if the sub criterion has a price

lower weight than



and) 60% for public service contracts, or



(b)) 80% for public contracts for supplies and works.



§ 7



Justification the determination of the estimated value of a contract



If required by the law on public procurement setting

the estimated value of a contract, it shall contain the justification

information relevant for the determination of the estimated value of a contract

and the method of determining the estimated value of a contract.



§ 8



The structure of justification



To justify under this Ordinance applies, the contracting authority structure

According to the annexes to this Decree.



§ 9



The effectiveness of the



This Decree shall enter into force on 1 January 2000. September 2012.



Minister:



Ing. Jankovský in r.



Annex



Justification the effectiveness of the public procurement



Justification the effectiveness of a public contract for the purposes of preliminary notification

the contracting authority referred to in paragraph 1 of the



1. Description of the needs that the fulfilment of public contracts are to be filled



The contracting authority shall describe their needs to the proper securing of the fiduciary

tasks.



2. A description of the subject of the contract



The contracting authority outlining the subject matter of the contract.



3. A description of the relationship between the subject of the contract and the needs of the contracting authority



The contracting authority shall describe the extent to which implementation will contribute subject

public contracts to meet the needs of the contracting authority.



4. Estimated date for fulfilment of the contract



The contracting authority shall specify when the contract is fulfilled, either

specific date, or a time segment.

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Justification the effectiveness of the contract pursuant to § 2



The contracting authority shall describe the changes


and) in the description needs to be

the fulfilment of public contracts,

(b)) in the description of the subject of the contract

(c) the relationship between the subject of the public)

of the contract and the needs of the contracting authority,

(d)) in the expected due date

public procurement,

as opposed to facts referred to under § 1.

A description of the risks associated with the implementation of

the contract, which the contracting authority

taken into account when determining the award

terms and conditions. In particular, the risk of

non-execution of the contract, delay

with the performance of the contract, reduced

the quality of performance, additional

financial costs.

The contracting authority may establish a

alternatives to fulfill the needs and justification

the chosen alternatives contract.



The contracting authority may specify, to what

extent will affect the performance of the contract

the planned objectives.



The contracting authority may provide additional information

justifying the effectiveness of the contract.

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Justification the requirements for technical qualifications for the performance of the veřejnézakázky

deliveries in accordance with § 3 (1). 1

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The contracting authority shall justify the appropriateness of the requirements for technical qualifications in

relation to the subject of the contract and to the risks related to the performance of the contract

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Justification the proportionality requirements

list of major deliveries. (Public

the contracting authority shall obligatorily fill in, if

the requested financial value of all

major supply is in summary

at least three times the estimated

the value of the contract.)

Justification the proportionality of the requirement to

present a list of technicians or

technical bodies. (The contracting authority

compulsory if required the submission of the fills

a list of more than 3 technicians or

technical bodies.)

Justification the proportionality of the requirement to

submission of a description of the technical equipment and

measures used by the supplier

to ensure the quality and description of the device or

vendor equipment intended for the implementation of the

research.

Justification the proportionality of the requirement to

perform a check of the production capacity

by the contracting authority or other person

on his behalf, or the conduct of inspections

security-related measures

quality and research.

Justification the proportionality of the requirement to

submission of samples, descriptions or photos

goods for delivery.

Justification the proportionality of the requirement to

submission of the document providing evidence of the conformity of the

product required by the competent

authority.

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Justification the proportionality of requirements for technical qualifications for the performance of public

contracts for services pursuant to § 3 (2). 2

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The contracting authority shall justify the appropriateness of the requirements for technical qualifications in

relation to the subject of the contract and to the risks related to the performance of the contract

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Justification the proportionality requirements

a list of the major services. (The contracting authority

compulsory fills in, if the requested financial

the value of each of the relevant services shall be

In summary, at least three times

the estimated value of a contract.)

Justification the proportionality of the requirement to

present a list of technicians or

technical bodies. (The contracting authority compulsory

fills in if required the submission of the list of

more than 3 of the technicians or technical

departments.)

Justification the proportionality of the requirement to

submission of a description of the technical equipment and

measures used by the supplier

to ensure the quality and description of the device or

vendor equipment intended for the implementation of the

research.

Justification the proportionality of the requirement to

perform a check of the technical capacity

by the contracting authority or other person

on his behalf, or the conduct of inspections

security-related measures

quality and research.

Justification the proportionality of the requirement to

presentation of certificates of education and training

the qualifications of the supplier or the heads of

employees of the contractor or persons in

a similar position and persons responsible for

provision of relevant services (contracting authority

compulsory if required the submission of the fills

a certificate of a higher level of education than the

secondary school graduation certificate or certificate with

of professional qualifications more than 3 years.)

Justification the proportionality of the requirement to

an average annual

the number of employees of the supplier or other

the persons involved in the performance of contracts

a similar character and the number of Heads

employees of the contractor or persons in

a similar position.

Justification the proportionality of the requirement to

presentation of the overview of tools or equipment,

operational and technical equipment that

the supplier will have in fulfilling the public

contracts available.

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Justification the proportionality of requirements for technical qualifications for the performance of public

works contracts pursuant to § 3 (2). 3

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The contracting authority shall justify the appropriateness of the requirements for technical qualifications in

relation to the subject of the contract and to the risks related to the performance of the contract

-------------------------------------------- ---------------------------------------------------

Justification the proportionality of the requirement to

submit a list of the works.

(Mandatory, if the contracting authority fills in the required

submission of list of works, from the

which will indicate that the financial

the value of the construction works is in the

a summary of at least twice the

the estimated value of a contract.)

Justification the proportionality of the requirement to

present a list of technicians or

technical bodies. (The contracting authority compulsory

fills in if required the submission of the list of

more than 3 of the technicians or technical

departments.)

Justification the proportionality of the requirement to

presentation of certificates of education and training

the qualifications of the supplier or the heads of

employees of the contractor or persons in

a similar position and persons responsible for

work on building management.

(Mandatory, if the contracting authority fills in the required

certificate of professional qualification of more than

5 years.)

Justification the requirement for the submission of

an overview of average annual number of

the vendor's employees or other persons

involved in the performance of works contracts

a similar character and the number of Heads

employees of the contractor or persons in

a similar position.

Justification the proportionality of the requirement to

presentation of the overview of tools or equipment,

operational and technical equipment that

the supplier will have in fulfilling the public

contracts available.

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Justification the definition of terms and conditions public supply contracts, and veřejnézakázky on the

services under section 4 of the

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Justification the definition of terms and conditions

providing for a longer time limit for payment of the invoices

than 30 days

Justification the definition of terms and conditions

setting out the requirement for insurance

liability for damage caused by

supplier to third parties of

more than twice the projected

the value of the contract.

Justification the definition of terms and conditions

providing for the requirement of a bank guarantee higher

than 5% of the price of the contract.

Justification the definition of terms and conditions

laying down the requirement for the guarantee period longer

than 24 months.

Justification the definition of terms and conditions

laying down a contractual penalty for delay

the vendor more than 0.2%

of the estimated value of a contract

for each day of delay.

Justification the definition of terms and conditions

laying down a contractual penalty for delay

the contracting authority of payment of the invoices is higher than

0.05% of the due amount for each day

the delay.

Justification the definition of other business

conditions according to § 5 para. 2. The public

the contracting authority shall justify the definition of business

conditions of contract for the supply and

public service contracts in relation to

to meet your needs and to the risks associated with

performance of the contract.

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