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
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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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