Amendment Of The Act On Public Procurement And Change Options. Other Laws

Original Language Title: změna zákona o veřejných zakázkách a změna někt. dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=71158&nr=179~2F2010~20Sb.&ft=txt

179/2010 Sb.



LAW



of 18 July 2003. may, 2010,



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

amended, and some other laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on public procurement



Article. (I)



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

110/2007 Coll., Act No. 296/2007 Coll., the Act No. 76/2008 Coll., Act No.

124/2008 Coll., Act No. 41/2009 Coll., Act No. 110/2009 Coll. and Act No.

417/2009 Coll., is hereby amended as follows:



1. In section 2 (2). 5, the words ", and even if, at the same time meets the

prerequisites for inclusion in other categories of the contracting authority referred to in paragraph 2

or 6 "shall be replaced by the words"; This is without prejudice to the provisions of paragraph 7 ".



2. In article 2 (2). 7, after the words "contracting authority", the words "or subsidized

the contracting authority "and the words" contracting authority "shall be deleted.



3. In section 3, paragraph 3. 1 (a). and "other), the word" replaced by the word "other".



4. In section 3, at the end of paragraph 1, the following sentence "the conclusion of the written

the Treaty creates the Central contracting authorities in relation to the contracting authorities

permission to perform centralized entry. ".



5. In section 3, the following paragraph 5 is added:



"(5) the Central contracting authority may take in the framework of centralised

the award referred to in paragraph 1 (b). and supplies or services i). ".



6. In section 8, paragraph 2:



"(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 the operation, unless it is about making buildings,

If these activities are not the basic purpose of the public order, but are

necessary to meet public supply contracts. ".



7. In section 11 (1). 1 the words "supplies, services or works"

replaced by the words "acquisition of recurrent supplies, services, or construction

work with a similar subject.



8. In section 13 (3). 3, the words "section 12" shall be replaced by the words "this Act".



9. In section 13 paragraph 6 is added:



"(6) If the contracting entity in terms reserved the right of option

under section 99, the estimated value must also include the estimated

the value of all the public procurement of supplies, services or works

required by the contracting authority in the use of the optional rights; the contracting authority is

this case, at the same time obliged to separately determine the estimated value of the

public supply, services and works, and the estimated

the value of the supplies, services or works in the use of the optional

rights. ".



10. In section 13 (3). 8 the second sentence, after the words "shall not apply to supplies"

the words "or services" and for the words "Contracting supplies"

the words "or services".



11. In section 17 of the letter g) is added:



"(g) the specific address of the contracting authority) profile of electronic tools in the network

The Internet, which the contracting authority used for public disclosure of information related to

public procurement and that allows remote access, ".



12. In section 17 of the present text becomes paragraph 1 and the following

paragraph 2, including the footnote No. 15a:



"(2) for the sensitive activity under a special legal regulation 15a) ^ ^

considers the award of a public contract which specifies the contracting authority in accordance with

§ 2 (2). 2 (a). or (b))), whose estimated value exceeds 500

0000 0000 Czk without value added tax.



15A) of section 80 of the Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended. ".



13. In section 18, paragraph. 1 (a). (j)), the word "bulk" shall be replaced by

"substantial".



14. In section 18, paragraph. 1, letter a) is repealed.



Letters p) to r) are referred to as letters of) to q).



15. In section 22, paragraph. 1, after the words "strict control", the words ",

a simplified lower management ".



16. In section 23, paragraph. 1 (a). and (b))) and after the words "strict control"

the words "simplified lower management".



17. In section 23 is added at the end of paragraph 6, the phrase "the subject of public

service contracts following the contest for the proposal may not be your own

implementation of the proposal. This does not apply in cases where this is justified by the nature of the

the subject of the competition for the design. ".



18. In section 23, paragraph. 7 (b). (b)), the words "in the construction work or

services of the same or a similar type, as in the original public order "

replaced by the words "in similar construction work or services, as in the

the original public order and the corresponding original public order ".



19. In section 23, paragraph. 7 (b). (b)), point 2, the word "or" is replaced by a comma and

the words "strict control" shall be inserted the words "or in the simplified

lower management ".



20. In section 26 paragraph 1 reads:



"(1) the tender, the contracting authority initiates the sending



and) notice of initiation of a procurement procedure for publication, or



(b)) of the initiation of the procurement procedure call. ".



21. In section 31 paragraph 6 is added:



"(6) the Protocol on the final outcome of the evaluation, the contracting authority is obliged to

send to all tenderers with whom it was negotiating about the menus in the stage

implemented, at the latest within 5 working days after the completion of each phase

negotiations. ".



22. In § 34 paragraph. 2 at the beginning of subparagraph (d)), the words "if it is not

the negotiations are conducted in writing, then i ".



23. In section 38, paragraph 2, the following paragraph 3 is added:



"(3) the obligation referred to in paragraph 2 is met, if the contracting authority

the Commission shall publish a written invitation on their profile of the contracting authority, which was published

in the information system referred to in section 157. More detailed conditions regarding the

the method of notification about the profile of the contracting authority lays down detailed legal

prescription. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



24. In section 38, paragraph. 5 at the end of the text of the letter e), the words ",

If you are not part of the tender documentation ".



25. In section 38, the following paragraph 6 is added:



"(6) the contracting authority is obliged to accept and evaluate the vendor's offer, which

He was not called upon in the manner referred to in paragraph 1. ".



26. In section 39, paragraph. 4 letter a) is added:



") in the competitive dialogue, in the rules of procedure, with the publication and in the

a simplified lower control in the invitation to tender, ".



27. In section 39 paragraph 5 is added:



"(5) the time limits begin to run on the day following the date of the initiation of the procurement

control. ".



28. In the second subparagraph of section 40. 2 (a). and), the words "referred to in paragraph 1" shall be replaced by the words

"the time limits referred to in paragraph 1 in the case of open procedures".



29. In the second subparagraph of section 40. 5, the words "paragraph. 2 the second sentence shall be replaced by "paragraph.

3. "



30. In section 41 paragraph 7 is added:



"(7) the time limits begin to run on the day following the date of the initiation of the procurement

control. ".



31. In section 43 paragraph 4 and 5 are added:



"(4) if the objection, the tender period is not running. End of contract

the time limits laid down in paragraph 2, the date moves to the time when the tender

the time limit is not running. The tender period continues to run on the date of notification of the decision

the contracting authority about the objections to the vendor. The tender period of not running after

the period in which the contracting entity cannot conclude the contract in accordance with this Act.



(5) if the application for a review of the Act of the contracting authority of 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 tender period provided for under paragraph 2, the date moves to the time when

the tender period of not running. The tender period continues to run on the day following

After the entry into force of the decision of the Office of such a proposal. This is true

Similarly for the case where the administrative procedure for the review of operations

the Contracting Authority instituted by the Office ex officio; 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 in accordance with the decision of the Office to make corrective

the measures referred to in § 118 paragraph. 1; of this fact is the contracting authority is obliged to

inform interested applicants and candidates. "



32. In paragraph 44. 4 letter a) is added:



") appropriate documentation in accordance with special legislation ^ 34) or

other technical documentation prepared in detail

specify the subject of the public contract to the extent necessary for processing

the menu ".



33. under section 46 shall be inserted after section 46a, including title and notes

footnote No. 38a is inserted:



"section 46a



Specific technical conditions



In the case of public supply contracts, the subject of vehicles are

category N1, N2, N3, M1, M2 and M3 ^ 38a), the contracting authority shall lay down the

specific technical conditions, that take account of energy and environmental

operational impacts. These effects means the energy consumption, CO2 emissions, and

the emissions of NOx, NMHC and particulate matter. The method of determining the specific technical

conditions laid down detailed legal prescription.



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 on the amendment of 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 the use of vehicles on the road, in the text of the
amended. ".



34. In article 48, paragraph 1 reads:



"(1) if the contracting authority does not provide in an open procedure or a simplified

lower management access to the specifications in a manner that

allows remote access, it shall forward the tender documentation in paper form

to the supplier on request without delay. At the request of the vendor sends the

the contracting authority suppliers tender documentation in electronic form in

the open procedure not later than 6 days and in a simplified lower

Management no later than 2 working days from the date of receipt of the written request

vendor. ".



35. In section 48, paragraph. 2, the first sentence shall be deleted and the second sentence, the words ',

If the tender documentation was placed on a publicly accessible

electronic instruments "shall be deleted.



36. In section 48, paragraph 3, the following paragraph 4 is added:



"(4) in the event that the contracting authority in the strict control and in the rules of the proceedings with a

the publication and in the competitive dialogue, the contracting authority has published a

qualifying documentation means that allow remote access to the

qualifying documentation, transmit or send qualifying documentation in

paper or electronic form to the supplier without delay, and not later than 6

working days from the date of receipt of the written request of the supplier. Written by

the supplier's request for the provision of a qualifying dossier must be

the sponsor delivered no later than 8 days before the expiry of the period

for the submission of applications to participate. ".



The current paragraph 4 shall become paragraph 5.



37. In section 49, paragraph. 1, the second sentence shall be deleted.



38. In paragraph 2 of section 49 reads as follows:



"(2) the contracting authority submits the additional information to the award conditions

possibly related documents no later than within 5 working days from the date of

request delivery of the supplier referred to in paragraph 1, and in the case of the tender

proceedings, in which the time limit laid down under section 39, paragraph. 3 (b). and)

3, § 39, paragraph. 3 (b). (b) point 2 or 3), or under section 41, paragraph. 5,

not later than 3 working days after receipt of the request referred to in paragraph 1.

Additional information on the requirements for the qualifications of the contracting authority sends in

the strict management, the rules of the proceedings with the publication and in the competitive dialogue

not later than 5 working days from the date of receipt of the request of the vendor

referred to in paragraph 1, and in the case of a procurement procedure, in which the time limits

established under section 39, paragraph. 2 (a). point 2), or under section 39, paragraph. 2

(a). (b)), at the latest within 3 working days after receipt of the application referred to in

paragraph 1. ".



39. In article 49, paragraph 2, the following paragraph 3 is added:



"(3) the additional information, including the exact text of the request referred to in

paragraph 1, the contracting authority shall send simultaneously to all vendors who have requested

to grant the contract documents or the contract documents which were

granted. In the case of the additional information requirements on qualifications

in the strict management, the rules of the proceedings with the publication and in the competitive dialogue has

the sponsor of this obligation only to suppliers who have applied for

the provision of a qualifying dossier or that was a qualifying

the documentation provided. The contracting authority shall always be published additional information

including the exact text of the request, whether or not the way in which provide access to the

contract or qualifying documentation that allows remote

access. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



40. In § 49 paragraph. 4, the second sentence shall be replaced by the sentence "paragraphs 2 and 3 shall

shall apply mutatis mutandis. ";"



41. In section 49, paragraph. 5 the first sentence, after the words "in an open procedure,"

the words "in the simplified management, lower", the words ", in

a simplified lower management "shall be deleted and, at the end of paragraph 5, the

added the sentence "in the case of the simplified procedure, the contracting authority shall notify the-limit

the necessary information to allow the tour of the place of performance on the profile

Contracting Authority. ".



42. In section 50, paragraph. 2, the third sentence shall be deleted.



43. In § 51 paragraph 4 is added:



"(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 paragraph. 1 (a). (b))

to (d)) in its entirety, is entitled to meet the qualifications in the absence of

range to demonstrate through a subcontractor. The supplier is in this

If the contracting authority is obliged to present to the public



and the documents proving the fulfilment of the Basic) qualification, provided

According to § 53 paragraph. 1 (a). (j)) and professional qualification, provided

pursuant to section 54 (b). and) the subcontractor and



(b)) the contract concluded with the subcontractor, which shows the commitment of the

the subcontractor to provide the performance specified for the performance of public contracts

the supplier or to the provision of goods or rights with which the vendor will

entitled to dispose of in the framework of the fulfilment of public contracts, and at least in

the extent to which they meet the qualifications of the subcontractor has proved under section 50

paragraph. 1 (a). b) to (d)).

The supplier is not entitled to through a subcontractor to demonstrate compliance with the

qualification pursuant to section 54 (b). a).“.



44. Under section 51 at the end of paragraph 7, the following sentence "the obligation to connect to

documents certified translation into the Czech language does not apply to

the documents in the Slovak language. ".



45. In section 53, paragraph. 1 (a). (c)), after the word "that", the words "in the

the last 3 years. "



46. In section 53, paragraph. 1 (a). (d)) for the word "no", the words

"or in the last 3 years was not".



47. In section 53, paragraph. 1 (a). I) at the end of paragraph (i)), the word "and" shall be replaced by

comma, dot at the end of subparagraph (j)) is replaced by a comma and the following

letters k), (l)) and m) are added:



"that list shall submit to) the members or the members, if the legal

person,



l) which shall submit a list of employees, or to members of statutory bodies,

who in the past three years they have worked for the contracting authority and were in a position to

with decision-making authority for decisions on public procurement and



m) which, if it has the form of a joint stock company, has issued only shares on the

the name of the current list of shareholders and submitted within the time limit under section 52 of the Act

about public procurement. ".



48. In section 53, paragraph. 2 (a). (d)), the words "and (j))" shall be replaced by "to l)".



49. In § 56 paragraph. 1 (a). (c)) and § 56 paragraph. 2 (a). (c)), the words ";

the contracting authority is entitled to require submission of the certificate also

in accordance with paragraph 4 "are deleted.



50. In § 56 paragraph. 2 (a). (f)) and § 56 paragraph. 3 (b). (d)), the words ";

the contracting authority is entitled to require submission of the certificate also

referred to in paragraph 5 "are deleted.



51. In § 56 paragraph. 5, the words "referred to in paragraph 2 (a). (f)) or by

paragraph 3 (b). (d)) "shall be deleted.



52. In § 56 paragraph. 9, the word "delivered" shall be replaced by the word "send".



53. In article 56, the following paragraph 10 is added:



"(10) a candidate or tenderer in the tender, the samples

the contracting authority obliged to give these samples on his written request, after the conclusion of the

the contract or after the cancellation of the contract award procedure to return without delay. "



54. In section 57 paragraph 1 reads:



"(1) unless otherwise provided in this Act, the supplier shall submit copies of the documents

proving the fulfilment of the qualification. 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, required to produce them. "



55. In section 59, the following paragraphs 5 to 7 shall be added:



"(5) the assessment of the qualifications of the contracting authority, takes the log in

where the identification data of suppliers whose qualifications have been

considered, a list of suppliers who meet the qualifications, and

a list of suppliers who meet the qualifications of applicants, together with the

indicating the reason. The provisions of section 73, paragraph. 4 shall apply mutatis mutandis.



(6) 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,

draw on the assessment of the qualification Commission. The Protocol shall be signed by

all present members of the Commission. If the Commission takes a different view

from the opinion of the majority, the Protocol this different view with

justification.



(7) 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 the assessment of qualifications and to allow the purchase of

him or his copy of the listing. The provisions of section 73, paragraph. 4, fifth sentence

Similarly,. ".



56. In paragraph 61. 4 at the end of the text of the second sentence, the words

"through mechanical, elektronickomechanických, electronic

or similar device and with the participation of a notary who certifies progress

the draw ".



57. In paragraph 66. 4 at the end of the text of the second sentence, the words

"through mechanical, elektronickomechanických, electronic

or similar device and with the participation of a notary who certifies progress

the draw ".



58. In article 61 paragraph 4 the following paragraph 5 is added:



"(5) the contracting authority is obliged to allow interested parties to check before starting

the draw of equipment and resources for the draw. "



Paragraphs 5 to 7 shall be renumbered as paragraphs 6 to 8.



59. In section 61 is at the end of paragraph 6 the following sentence "in the case that the public

the contracting authority has not stated in the notice of initiation of the procedure for the exact number of

candidates invited to tender, it is obliged to provide this number of

before the selection, and in writing, inform all interested parties,
who duly demonstrated compliance with the qualifications required. ".



60. In paragraph 61. 7, the words "up to 5" shall be replaced by the words "to 6".



61. In section 61 is at the end of the text of paragraph 8, the words "and buy from

the log statement or a copy thereof ".



62. In section 63, paragraph. 8, the words "and the third" are deleted.



63. In section 66, at the end of paragraph 5, the following sentence "in the case that the

the contracting authority has not stated in the notice of initiation of the procedure for the exact number of

candidates invited to tender, it is obliged to provide this number of

before the selection, and in writing, inform all interested parties,

who duly demonstrated compliance with the qualifications required. ".



64. In section 66 paragraph. 6, the words "paragraph. 6 and 7 ' shall be replaced by the words ' paragraph 4 '. 5, 7, and

8. "



65. section 67 is repealed.



66. Under the second title in the under part 2 of the following part 3, including the

title and footnotes no 53a is added:



"Part 3



The security



§ 67



(1) the contracting authority may, for public contracts in the notice of open proceedings

closer control, of the rules of procedure, with the publication of simplified

case management or competitive dialogue require applicants to

ensure fulfilment of their obligations arising from participation in the award

management reviews are written by the security. Sure, you cannot require when deploying

the dynamic purchasing system. The amount of the security shall be fixed by the contracting authority in the

absolute amount equal to 2% of the estimated value of public contracts.

The Tenderer shall provide security in the form of monetary amounts on account

the contracting authority (hereinafter referred to as "security money"), or in the form of a bank guarantee

or insurance guarantee ^ 53a).



(2) cash security releases the sponsor candidates



and) whose tender has been accepted as the most appropriate or with whom it was possible to

to conclude a contract under section 82, paragraph. 3 to 7 days after the conclusion of the contract,



(b)) which was selected as the most appropriate and could not be with him

to conclude a contract under section 82, paragraph. 3 to 7 days after dispatch of the notice of

the selection of the best tender according to the § 81 paragraph. 3,



(c)) that was excluded from the award procedure, within 7 days after submission

notification of the exclusion,



(d)) if it was tender cancelled within 7 days after dispatch of the notice

the cancellation of the procurement procedure pursuant to section 84, paragraph. 8.



(3) the contracting authority is obliged to guarantee Cash release, including interest

money charged by the Institute.



(4) if the applicant has filed before the conclusion of the Treaty on public order objections

and the contracting of these objections, the applicant is required to pass again

the certainty of cash, which was released by the contracting authority, within 7 days from the delivery of

the decision of the contracting authority in accordance with § 111 paragraph. 1. If the applicant fails to comply with this

the obligation of the contracting authority, will be excluded from the award procedure. He handed a

the candidate proposal for initiation of a review of the acts of the contracting authority, shall

fold again cash certainty, which was released by the contracting authority.



(5) the security is to be given 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

the original of the guarantee instrument and return the applicant 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 must be concluded so that the applicant is insured and authorised

a person who has the right to the insurance indemnity, 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 the applicant in contravention of this Act or without complying with the terms of the

canceled or changed the bid, refused to enter into a contract pursuant to section 82, paragraph.

2 and 3, or has not complied with the obligation to provide the contracting authority properly

synergy to the conclusion of the contract in accordance with section 82, paragraph. 3, the contracting authority has the right to

the performance of a bank guarantee or indemnity from insurance guarantees

or cash provided him security, including interest charged

the Monetary Institute.



53A) section 47 of Act No. 37/2004 Coll., on insurance contracts, as amended by

amended. ".



67. In section 69, paragraph. 2 the words "another vendor award

the proceedings. A supplier who has not submitted a bid in the tender, however, may

be more candidates in the same subcontractor tender. "shall be replaced by

the words "through which another contractor in the same procurement procedure

demonstrated qualifications. ".



68. In article 69 paragraph 3 reads:



"(3) if the Contractor submits more than one tender separately or together with the

other vendors, or subcontractor, through which other

a vendor in the same award procedure, the contracting authority, the evidence of qualifications

all offers submitted in such a supplier. The vendor whose

the offer was withdrawn, the contracting authority shall, without delay, excluded from participation in the

award procedure. The exclusion of the tenderer, the contracting authority, including the reason

without delay, notify the applicant. ".



69. In § 71 paragraph. 1 the second sentence, after the words "public order"

the words "in the rules of procedure without publication or".



70. In section 71 is at the end of paragraph 7, the following sentence "However, if the contracting authority

published in the notice or the invitation to initiate an award procedure the intention to use the

as a means of evaluation of tenders, the electronic auction takes place

opening session without the presence of the candidates. "



71. In § 71 paragraph. 9, the word "may" be deleted and the word "communicate"

replaced by the word "notify".



72. In section 73, paragraph 2, the following paragraph 3 is added:



"(3) if the Contracting Authority published in the notice of initiation or

the intention of the award procedure to use the electronic auction shall in

the Protocol on the opening of the envelopes include the identification of candidates

separately from other data and information to ensure confidentiality of the

the identity of participants in electronic auction. ".



The former paragraph 3 shall become paragraph 4.



73. In paragraph 73. 4, the third sentence, after the words "opening envelopes"

the words "and take from it or a copy of the statement" and at the end the following

the sentence "If the Contracting Authority published in the notice of initiation or

the intention of the award procedure to use the electronic auction, is not entitled to

candidates make available or allow a glimpse into those parts of the Protocol,

that contain the identification data of the tenderers. ".



74. In section 77, paragraph. 3 the word "delivered" shall be replaced by the word "send".



75. In section 78, paragraph 4 reads:



"(4) if the contracting authority decides to award the public contracts referred to in

basic evaluation criteria economic benefit offerings, provides

always partial evaluation criteria so that it conveys the relationship value

and the prices. Partial evaluation criteria must relate to the fact that implementation of the

public contracts. They may in particular be 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 persons with disabilities, operating costs,

the return on the costs, warranty and after-warranty service, security of supply,

the delivery period or time limit for completion. ".



76. In section 78, paragraph. 5, after the words "percentage", the words ", or

provides another mathematical relationship between the sub criteria. "



77. In § 79 paragraph 2 is added:



"(2) if the contracting authority does not provide otherwise, decisions of the evaluation for

a payer of value added tax price without value added tax, for

neplátce price with value added tax. "



78. In section 80 (2). 1 the first sentence, the words "an indication of how the menu

assessed under each of the evaluation criteria ' shall be replaced by the words

"the description of individual bids in the context of all of the evaluation

the criteria ".



79. In § 80 paragraph 3 reads:



"(3) the contracting authority is obliged to allow all tenderers in the conclusion of the contract,

the bids were subject to evaluation, at their request, to report on the

assessment and evaluation of tenders, consult and edit from it's listings

copy or copies. ".



80. In article 81 paragraph 1, the following paragraph 2 is added:



"(2) If the offer has not been evaluated according to § 79 paragraph. 6, the contracting authority

decides on the selection of this menu. This is without prejudice to the provisions of section 84, paragraph.

3 (b). b).“.



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



81. In section 81, paragraph. 4 (c)):



"(c)) justification of choosing the best offer, if the contracting authority itself carried out the

the new assessment and evaluation of the tenders in accordance with § 79 paragraph. 5; in such a

If the contracting authority shall indicate the list of menus, menu list assessed,

that have been excluded from the award procedure by the contracting authority, together with an indication of

reason, a description of how the evaluation of the remaining tenders on the

the result of the evaluation of the tenders, a description of and justification for the assessment of individual

tenders in the framework of all evaluation criteria and in what sees the violation of

the procedure established by this Act, the assessment by the Commission, ".



82. In § 81 paragraph. 5 the first sentence and the second with the number "3" is replaced by

"4".



83. In section 83, paragraph. 2, after the words "the purchasing system", the words "and in the

the case of contracts concluded on the basis of the framework contract "and paragraph 3 shall

repealed.



Paragraphs 4 to 6 shall be renumbered as paragraphs 3 to 5.



84. In section 84, paragraph. 1 (a). (c)), the word "Treaty", the words "or

framework contract ".
85. In section 84, paragraph. 3 (b). (b)), the words "filed or should be evaluated

the only unacceptable under section 22(2). 1 "shall be replaced by the words" all

the menu in addition to the one discarded ".



86. In section 84, paragraph. 4, the words ", simplified management-limit"

shall be deleted.



87. In section 84, paragraph. 7, after the words "shall not apply" shall be inserted the word "only".



88. In section 84, paragraph. 8 the word "delivered" shall be replaced by the word "send" and

the words "within 5 days from the date" shall be replaced by "within 2 working days after".



89. In section 84, the following paragraph 9 is added:



"(9) if the tender 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 authority. ".



90. Article 85, paragraphs 3 and 4 shall be deleted.



91. In section 86, paragraph. 2 (a). and (b))) and the words "exceeds the amount" shall be replaced by

the words "reaches at least the amounts".



92. In section 89, paragraph. 2 the first sentence, after the words "less than 3", the words

„ ; in such a case, the contracting entity is in the specifications required to

also indicate the objective way in which the specific number will be determined

candidates with whom the framework contract is concluded ".



93. In § 89 at the end of paragraph 3 the following sentence "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, and it

in particular, if this is 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 on the basis of the framework contract. ".



94. In § 89 paragraph 6 is added:



"(6) the public contracts based on framework contracts shall be awarded



and the procedure under section 92), if the contracting authority, or



(b)) in the rules procedure without publication, in the case of sector of the contracting authority;

the provisions of § 34 paragraph. 2 (a). (c)), d), (e)), f), (h)) and i) are in this

If not applicable. In the case that all the conditions are in the framework

the Treaty specifically defined, the contracting authority may use the procedures of the sector

under section 92, paragraph. 1 (a). and) or section 92, paragraph. 2. ".



95. In § 89 at the end of the text of paragraph 11, the words ", except

in the case referred to in paragraph 12 ".



96. In section 89 shall be added to paragraph 12, which read:



"(12) if the framework contract is concluded for a period longer than 1 year,

the contracting authority from the candidates, who are participants in the framework of the Treaty,

the end of each year, the effectiveness of the framework contract shall be entitled to request

the demonstration of a qualification or part thereof up to the extent that he was

required in the tender for a framework contract. The contracting authority is obliged to

applicants for the purposes of demonstrating compliance with the qualification deadline

at least in the range in which the time limit has been set for the demonstration of compliance with the

qualifications for the award of the framework contract. Applicants who can demonstrate

meet the qualifications required, the contracting authority is not entitled to call for the

the granting of benefits or to submit an offer by the time of the demonstration required

qualification. ".



97. In section 90 of the paragraph. 1, the words "notification or invitation of the initiation of the procurement

proceedings ' shall be replaced by the words "specifications".



98. section 91 including title:



"§ 91



The evaluation criteria for the award of public contracts on the basis of the framework

of the Treaty



(1) in the event that the Contracting Authority chooses to award public works contracts

the basis of the framework contract to the same evaluation criteria, such as when closing

the framework contract, the contracting authority, the tenderer is obliged to offer to the implementation

public order at least such conditions, what he offered in the conclusion

the framework contract.



(2) the contracting authority may, in the award of public contracts on the basis of the framework

the Treaty, to change the basic criterion of economic benefit

menus on the basic criterion of lowest tender prices, narrow down the

range, or use a different weight of partial evaluation criteria, than

that was chosen when 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

in a way already in the tender documentation. ".



99. Article 92 paragraphs 2 and 3 are added:



"(2) where a framework contract is concluded with more applicants and all the conditions

implementation are specifically defined in the framework contract, the public

When concluding a contract, the contracting authority for the implementation of the public procurement so that



and in writing invite) proposal on conclusion of the contract always

applicants who are in the conclusion of the framework contract has placed first in the

the order; If he refuses this proposal present a candidate, shall invite the public

the contracting authority, the tenderer who placed in the conclusion of the framework contract

next in the order; the contracting authority shall proceed in a similar manner to the

the time when the contract or refuses to submit the proposal

the candidate, who at the conclusion of the framework contract placed last in the

the order, or



(b)) in writing to submit a proposal on conclusion of the contract the tenderer

gradually for each individual public order according to the order in

which is placed 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 fulfilment

wholly or partly determined on the basis of special legislation.

The contracting authority is obliged to in the design of the framework contract under section 89, paragraph.

4 indicate one way of selecting candidates for the performance of public procurement

awarded on the basis of the framework agreement referred to in subparagraph (a)), or (b)).

The contract with the selected tenderer, the contracting authority concludes the public adoption of the proposal

at the conclusion of the contract submitted by the selected candidate. The contracting authority

is not obliged to invite to the presentation of the proposal on the conclusion of the contract the tenderer,

that should be called according to the method of selection of the letters and)

and (b)), if it is obvious, that the selected candidate is not for objective reasons

capable of fulfilling public procurement the public contracting authorities.



(3) where a framework contract is concluded with more applicants and all the conditions of

implementation of the framework agreement are not specifically defined, enters the public

sponsor a public contract to the selected bidder, after previous written

the invitation to tender on the basis of the evaluation criteria set out in

accordance with § 91. ".



100. In section 92, the following paragraph 5 is added:



"(5) when awarding contracts based on a framework contract, the parties may not

no circumstances make substantial amendments to the terms laid down in the

This framework contract. ".



101. In section 97 at the end of paragraph 5, the following sentence "the default status

the results of the electronic auction in accordance with paragraph 1. ".



102. In § 99 paragraph. 1, after the words "specifications", the words

"the original public contracts awarded in the open procedure, the restricted procedure, or

a simplified lower management "and the word" enter "with the following Word

the "original".



103. In § 99 paragraph 2 and 3 shall be added:



"(2) a public contract on the basis of usage warrant rights may

the contracting authority only in the rules of procedure without publication; This, however, cannot be

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 specify a public contract on the basis of the use of

the law also puts the procedure under section 92, paragraph. 1, and provided

that the legal conditions are met.



(3) the contracting authority is not entitled to right of use, if the



and price) the value added tax, which would be required to pay for

implementation of the subject of the public contract or its part in the use of the optional

the law, by more than 30% of the estimated value of the implementation of the

the corresponding optional or part of the law, which was set before the

the start of the original of the award procedure in the specifications, or



(b) the price performance of the corresponding optional) law, without value added tax

more than 30% of the price of the original contract. ".



104. Article 101, paragraph 4 shall be deleted.



Paragraphs 5 to 7 shall be renumbered as paragraphs 4 to 6.



105. In § 101 paragraph. 4, the words "open or short proceedings" shall be replaced by

the words "open procedure, the simplified procedure or short

-limit control "and the words" must be the vendor's price

ranked as the lowest, does not exceed the lowest bid price

submitted by the other candidates by more than 15% "shall be replaced by the words" is

for the evaluation of tenders determined above the offer price for this vendor

reduced by 15%. The provisions of section 82, paragraph. 3 this does not prejudice. ".



106. In section 102 paragraph. 2 (a). and the words ") p) to r)" shall be replaced by the words ")

to q) ".



107. In section 103 at the end of paragraph 1, the following sentence "the proposal means

in writing or graphically expressed as a result of their own creative activity

those interested in attending or a participant of the competition for the design. ".



108. In section 103, paragraph 1, the following paragraph 2 is added:



"(2) this Act regulates the following types of competition



and open competition for the design),



(b) enhanced competition for the proposal). ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.
109. In section 103, paragraph. 5 (a). and (b))) and the number "3" shall be replaced by the number "4".



110. In section 103, the following paragraph 7, including the footnote.

60A:



"(7) detailed rules for the procedure in the competition for the design can be fixed

in the competitive order issued in accordance with a special law ^ 60a).

Competition regulations must comply with the conditions laid down in this law.



60A) Act No 360/1992 Coll., on the exercise of the profession of Chartered architects

and the pursuit of the profession of Chartered Engineers and technicians active in the

the construction, in the wording of later regulations. ".



111. In paragraph 104. 1 the first sentence, after the words "competition"

the words "in accordance with section 146 and 147".



112. In § 104 paragraph. 2, after the words "the proposal lays down the", the words "in the

the case of an open competition for the design of the "and the word" or "shall be replaced by the words" and

in the case of closer competition ".



113. In article 104, paragraph 2, the following paragraph 3 is added:



"(3) the contracting authority is entitled to in the notice of the competition for the design or the competition

conditions to lay down the requirements for the proof of compliance with qualification of leads

for participation or the participants of the competition for the design. For the determination of the requirements for the

proof of compliance with qualification and assessment qualification title

In the second act similarly. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



114. In § 104 paragraph 4 is added:



"(4) the contracting authority may, in the case of enhanced competition for the proposal to limit the number of leads

for participation, in writing to the submission of the proposal, and that the

the lowest or the highest number of participants in the competition; for the restrictions

the number of people interested in the participation section 61 and 66 in the case of sector of the contracting authority

shall apply mutatis mutandis. The number of candidates invited to participate to submit design must

be indicated in the notice of the competition for the design and must be sufficient to

ensure genuine competition, if it is not objective facts

out of the question. For the written content of the calls for proposals shall apply section 28

paragraph. 5. ".



115. Article 105, paragraph 1 shall be added at the end of the sentence "For the provision of

competitive conditions, of the additional questions to them, and a tour of the places of performance

section 48 and 49 shall apply mutatis mutandis, with the understanding that the provisions applicable to the

the open procedure, in which the time limit has not been changed pursuant to section 40 and 42. In the case of

the closer competition can be the competitive conditions also annexed to the challenges

for proposals. "



116. In § 105 of paragraphs 2 to 5 shall be added:



"(2) Proposals shall be submitted in writing within the time limit for the submission of the proposal. The proposal must

to be filed in a sealed envelope marked properly in the manner laid down in the

competitive conditions. The provisions of § 69 paragraph. 1, 3 and 4 shall apply

Similarly.



(3) the contracting authority shall ensure that throughout the competition until the time

the publication of the results of the evaluation of proposals, the anonymity of the proposals at least

to the jury in the evaluation of proposals was not able to assign to the proposal

the participant of the competition for a design that made it. How to ensure the anonymity of the

the contracting authority shall indicate in the competition conditions. If a participant fails to meet the competition

the design requirements of the contracting authority, the Contracting Authority relating to the anonymity of this

the participant of the competition and this fact excludes the participant

the competition for the proposal in writing and invite him to take over his proposal.



(4) the sponsor shall ensure that the members of the jury familiar with the content of

the proposals, however, as soon as possible after the expiry of the time limit for the submission of proposals.



(5) the contracting authority rejects the request for participation or proposals submitted after the expiry of the

the deadline for the submission of applications for the participation or the deadline for the submission of proposals and shall invite the

those interested in attending or participants of the competition for the proposal to take over their

proposals. ".



117. In section 106, paragraphs 1 to 4 shall be added:



"(1) the assessment and evaluation of proposals conducted by the jury. The contracting authority shall appoint

members of the jury for the evaluation of proposals and their alternates 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, section 76, paragraph. 1, 2 and 6 shall apply

Similarly. The jury excludes the proposal if it does not meet the requirements for

to ensure anonymity. In the notice of the exclusion, the contracting authority shall invite the participant

the competition for the proposal to take over his proposal.



(2) the jury shall be composed exclusively of natural persons, which must be

in relation to the participants of 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 the permanent business 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 declaration.



(3) if it is from the participants of the competition for the design requires a qualification,

must have at least half of the members of the jury similar or equivalent

qualifications. All proposals shall be evaluated by the same members of the jury or

their replacements, unless it is not in particularly justified cases,

possible.



(4) the jury evaluates proposals on the basis of the evaluation criteria, which

was listed in the notice of the competition for the design and, where appropriate, in more detail

specified in the conditions of competition, and in the manner laid down in the

competitive conditions. ".



118. Article 106 paragraph 6 is added:



"(6) the jury may, in the Protocol on the evaluation of the proposals referred to in paragraph 5, indicate the

additional questions and recommendations on specific aspects of some of the proposals. "



119. In paragraph 106. 7 the second sentence, after the words "the results of the evaluation of proposals"

the words "at least 5 working days in advance," and in a sentence

third, the words "or the contracting authority ' shall be deleted.



120. Article 106 paragraph 8 is added:



"(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. It allows the

by their nature, must be exposed. ".



121. In article 106, paragraph 9 is added:



"(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 law or competition; for

this purpose may appoint a new jury. The reasons for the new assessment and

the evaluation of proposals will connect to the original protocol for assessment and evaluation

proposals. ".



122. Article 107 paragraph 1 and 2 shall be added:



"(1) the decision on the selection of the most suitable design or designs shall be

the contracting authority. The contracting authority shall send the notice of the selection of the best proposal

all participants of the competition 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 shall apply to section 110 and 111 apply mutatis mutandis.



(2) in the notice of the selection of the best proposal, the contracting authority shall invite participants

the competition for the design, whose proposals have been selected, to take them over. ".



123. In section 107, paragraph. 3, the first sentence shall be replaced by the phrase "the contracting authority submits the

the result of the competition for publication in the manner referred to in section 146 and 147,

within 48 days from the decision on the selection of the best proposal. ".



124. section 108 including title:



"§ 108



The cancellation of the competition for the design of



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 all

the known candidates for participation or contest participants on the proposal from the notice of

cancellation within 3 days from the date of adoption of the decision, stating the reasons, and shall invite the

is to take their proposals. Notification of the cancellation of the competition for the design of sends

for publication in the information system within 3 days from the date of adoption of the decision.

For the publication of a notice of the cancellation of the competition for the design of the contracting authority shall apply

form laid down in the implementing regulation. ".



125. In section 109, the words "proposals", the words "in accordance with section 105, paragraph. 3,

section 105, paragraph. 5, § 106, paragraph. 1. "



126. In § 111 paragraph. 5, the words "or cancel the award procedure" shall be deleted.



127. In the fifth with title III, including title and footnote.

68 repealed.



128. In § 118 paragraph. 2 (a). (c)), the words "section, paragraph 83. 2 "shall be replaced by the words

"section, paragraph 82. 3. "



129. In the section 129 at the end of paragraph 1, the following sentence "the supplier shall be obliged to

for the purposes of entry in the list to communicate the personal data that are necessary for the

to obtain an electronic extract from the criminal register. ".



130. In paragraph 135. 1 the word "manages" shall be replaced by the words "intends to

manage ".



131. In paragraph 144. 1, after the word "Ministry", the words "and is

part of the information system ".



132. In § 148 paragraph. 2, after the words "by electronic means" be inserted

the words "through the data, the Clipboard".



133. In section 148 at the end of paragraph 2 the following sentence "If the nature of the

documents allows the document served under this Act

through the mailbox by another legal regulation ^ 76). ".



Footnote No. 76:



"76) Law No. 300/2008 Coll., on electronic acts and authorized

conversion of documents, as amended. ".
134. In paragraph 149. 2 in the first sentence, the words "technical equipment or"

deleted, the word "their" shall be replaced by the word "its" and the third to the eighth

shall be deleted.



135. In paragraph 8 of section 149:



"(8) a more detailed conditions regarding the tools and actions taken

by electronic means in public procurement provides for detailed legal

prescription. ".



136. In section 149 shall be added to paragraph 9, which reads as follows:



"(9) the contracting authority must ensure that electronic tools, which

through acts in public procurement

carried out, can be proven to meet the requirements laid down in this Act

and the implementing legislation. Meet the requirements of the electronic

tool, you can always prove conformity certificate, the issuing 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 compliance shall adopt detailed legislation. ".



137. § 150, including the title.



138. In paragraph 155. 1, the words "electronic acts" shall be replaced by the words

"the action taken by electronic means".



139. Article 155 shall at the end of paragraph 1, the following sentence "this does not affect

the provisions of section 67, paragraph. 5. ".



140. section 156 including title:



"§ 156



Economic and financial assessment of the subject of the public contract



(1) the contracting authority is obliged to request the prior opinion of the

The Ministry of Finance (hereinafter referred to as "opinion"), if the estimated

the value of a public contract shall be at least 500 miles. CZK and the contract will be

sealed for at least 5 years or for an indefinite period. To request the opinion of the

It is a condition for the validity of the contract.



(2) the request for the opinion contains in addition to the General requirements for filing ^ 64)

economic analysis of the impact of public procurement on the economic situation

the applicant, including the information about the State of indebtedness of the applicant, which are

necessary for the assessment of his ability to live up to the obligations of the public

of the contract; the elements of the content of the application lays down detailed legal prescription.

The Ministry of finance when a claim cannot be assessed in any other

the fact than those referred to in paragraph 3 are applicable to the assessment of the

request.



(3) the Ministry of Finance shall examine the request for an opinion from the point of view of possible

impact accepted the commitments contained in the public order and their influence

on the economic situation of the applicant or of the international commitments of the Czech

of the Republic.



(4) if the Finance Ministry does not respond within 60 days from the delivery,

, the Ministry of finance does not have the objection. ".



141. § 159 including title:



"§ 159



The enabling provisions



(1) the Government shall issue the regulations for the implementation of section 12(2). 1 and section 154.



(2) the Ministry of defence shall issue a decree for the implementation of § 18 paragraph. 1 (a). (c))

and § 18 paragraph. 2 (a). I).



(3) the Ministry shall issue a decree for the implementation of § 38 paragraph. 3, section 46a, 108, section

paragraph 119. 2, § 146 paragraph. 3 and § 6, paragraph 149. 8 and 9.



(4) the Ministry of finance will issue a decree for the implementation of section, paragraph 156. 2. ".



Article. (II)



Transitional provisions



1. Public procurement, competition and management review

the acts of the contracting authority by the Office for protection of competition initiated before

date of entry into force of this law shall be completed in accordance with existing

the legislation.



2. In proceedings for review of acts of the contracting authority, which was launched after the date

the entry into force of this Act and on the award of public contracts

or competition for the proposal referred to in point 1 are linked, proceed according to the

the existing legislation.



3. Electronic tools according to present regulations are certified

the contracting authorities shall be entitled to use up to 30. June 2011.



PART THE SECOND



Amendment to Act No. 417/2009 Coll., amending Act No. 137/2006 Coll., on

public procurement, as amended, and certain other

the laws of the



Article. (III)



Law No. 417/2009 Coll., amending Act No. 137/2006 Coll., on

public procurement, as amended, and certain other

laws, is hereby amended as follows:



1. In article. II, point 3 shall be deleted.



PART THE THIRD



The amendment to the law on concession contracts and concession management



Article. (IV)



Act No 139/2006 Coll., on concession contracts and concession management

(concession laws), as amended by law No 30/2008 Coll., Act No. 110/2009

Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll. and Act No.

417/2009 Coll., is hereby amended as follows:



1. In article 1, paragraphs 2 and 3 shall be deleted.



2. In section 24b, paragraph. 3 the last sentence reads: "part of the proposal to be sent to the Office

It is evidence of a deposit under section 24 c and, in the case of a proposal to be sent to

Office before the conclusion of the concession contract also proof of delivery of the opposition

Contracting Authority. ".



3. In section 24b, paragraph. 5, the words "section 12 paragraph. 4 "shall be replaced by" section 12 paragraph.

3. "



4. In paragraph 3 of section 25 reads:



"(3) a prohibition on the performance of the concession contract pursuant to paragraph 2 is not saved, if

finds that the reasons worthy of special considerations require the continuation of the implementation of the

the concession contract. Economic interest in the performance of the concession contract may be

considered as such only in exceptional circumstances, when

the interruption of the performance of the concession contract would lead to disproportionate consequences.

Economic interests directly linked to the concession agreement, in particular

costs arising from the delay in the implementation of the concession contract, costs

associated with the start of the new concession management, the costs associated with

by changing the body performing the concession contract and the costs associated with the legal

obligations arising from the ban on the performance of the concession contract,

do not constitute reasons worthy of special attention, requiring continued

the performance of the concession contract ".



5. In section 27. 1 (a). (d)), the words "section 12 paragraph. 4 and section 12, paragraph. 5 "

replaced by the words "section 12 paragraph. 3 and section 12, paragraph. 4. "



6. In section 27. 1 (a). g), the words "section 12 paragraph. 4 "shall be replaced by the words" §

12 paragraph. 3. "



7. In article 34, the following paragraph 4 is added:



"(4) the Ministry of local development will issue a decree for the implementation of section 26

paragraph. 2. ".



PART THE FOURTH



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the date of 15. September 2010, with the exception of the provisions

article. II, point 3, which shall enter into force on the date of 15. June 2010.



in the from the. r. Němcová in



Klaus r.



Fischer v. r.