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

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

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417/2009 Sb.



LAW



from day 4. November 2009,



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

amended, and certain other laws



Change: 179/2010 Sb.



Parliament has passed the following Act of the United States:



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., Act No. 76/2008 Coll., Act No.

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

228/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:



1. in the section 18 para. 1 letter d) is added:



"(d)) of their subject-matter services in research and development ^ 19), with the exception of

in cases where the price for the execution of research and development is paid exclusively

by the contracting authority and the contracting authority is the only user of the results of research and

development ".



2. In § 42 para. 1 the words "§ 146 paragraph. 2 "shall be replaced by the words" § 146 paragraph.

3. "



3. In § 43 para. 5, after the words "§ 118", the words "paragraph. 1. "



4. In paragraph 52, the following paragraph 4 is added:



"(4) the provisions of paragraphs 1 and 3 are without prejudice to § 57 para. 1 and section 59

paragraph. 4. ".



5. In § 53 para. 1 (b). (h)) at the end of the word "and" shall be deleted.



6. In § 53 para. 1 at the end of paragraph (i)) dot shall be replaced by "a" and

the following point (j)), which read as follows:



"(j)) that is not kept in the register of persons, the prohibition of performance of public

orders. ".



7. In § 53 para. 2 (a). (d)), the words "and i)" shall be replaced by ", i) and

(j)) ".



8. In article 59 paragraph 2. 4 the first sentence, the words ", except in cases where the

the fulfilment of the relevant part of the qualification was not demonstrated by the supplier at all "

shall be deleted.



9. § 68 para. 2 the second sentence, the words "and a statement signed by the person

authorized to act on behalf or for the candidates, from which it follows that the applicant is

bound by the entire contents of the menus throughout the run time of the tender period "are deleted.



10. In § 71 para. 8 (a). (b)), the words ' contract proposal and Declaration

the applicant pursuant to § 68 para. 2 signed "shall be replaced by" is a proposal

the Treaty signed ".



11. In § 71 para. 9, after the words "and information about whether the offer meets all

requirements referred to in paragraph 8, the words "; the Commission may present

applicants to communicate the information to the offer price, also. "



12. In § 72 para. 3 and § 73 para. 1, the words "paragraph. 8 "shall be replaced by

"paragraph. 9. "



13. In article 81 paragraph 2 reads as follows:



"(2) the client sends a notification about choosing the best deals within 5

working days after the decision referred to in paragraph 1 and all interested candidates

all interested tenderers. Tenderers shall mean the candidates who

have not been definitively excluded. Exclusion has a definitive

If the candidate has been notified to the applicants and did not file objections within the time limit under section

paragraph 110. 4, or has not submitted the proposal within the time limit under section 114 para. 4 and 5, or

the proceedings were about his proposal. The candidates concerned shall mean

leads, which the contracting authority provide a notification of their exclusion

before sending the notification of the decision about choosing the best tender. ".



14. in paragraph 81, the dot at the end of paragraph 3 is replaced by a comma and the following

the letter e), which reads as follows:



"e) guidance on the time limit for filing opposition under section 110 paragraph 2. 4 and the prohibition of

conclusion of the contract according to § 82 para. 1. ".



15. In article 83, paragraph 2 reads as follows:



"(2) if the contracting authority in the case of dynamic purchasing system does not send

notification of the outcome of the procurement procedure for the publication of the procedure laid down in

paragraph 1 shall be obliged to send it collectively for the previous quarter;

a summary of the notification is obliged to send to the sponsor within 30 days of the end of the

the relevant calendar quarter. ".



16. in paragraph 83, at the end of paragraph 3 the following sentence "in this case

the contracting authority shall send information on all contracts concluded on the basis of

the framework contract to the operator information system collectively for

preceding calendar quarters, and within 30 days from its end;

mandatory content of the notice lays down implementing legislation. ".



17. in paragraph 84, the following paragraph 9 is added:



"(9) if the Procurement Office, paragraphs 7 and 8 shall apply mutatis mutandis.

Time limits shall run from the date on which the decision of the authority. ".



18. section 110 including title:



"§ 110



Range and method of opposition



(1) when entering the excess and podlimitních public procurement or

the competition for the design of any supplier who has or had an interest in the

to obtain a particular public contract and who as a result of the alleged breach of the

Law Act of the contracting authority are threatening or suffer on his rights (hereinafter

"the complainant"), the contracting authority may submit reasoned objections.



(2) an objection may be lodged against all acts of the contracting authority and the complainant must

delivered to the contracting authority within 15 days from the date of the alleged violation of the law

Act of the contracting authority becomes aware, at least until the conclusion of the contract.



(3) objections to the entry conditions, the complainant must deliver

the contracting authority no later than 5 days from the end of the period for the submission of tenders.



(4) the objections to the decision on choosing the most appropriate menu or against

the contracting authority's decision to exclude from participation in a procurement procedure must

the complainant delivered to the contracting authority within 15 days from the date of receipt of notice of

choosing the most appropriate offer public contracts under section 81 or decision

exclusion from participation in a procurement procedure.



(5) in the event that the contracting authority will publish a voluntary notice of intent

enter into a contract pursuant to § 146 paragraph. 2, can oppose the intent of the

enter into a contract without prior publication of a notice of the initiation of the procurement procedure to the

15 days from the publication of a notice of intent to enter into a contract.



(6) prior to the expiry of the period for lodging objections under paragraphs 3 to 5, and the

the period of service of the decision of the contracting authority, the contracting authority may not close on objections

the contract.



(7) the opposition shall be filed in writing. In the objections must state who the complainant

is served, against which the Act of the contracting authority are heading and what is seen as a

violations of the law. In the objections referred to in paragraphs 2, 3 and 5, must be mentioned,

What is the injury to the complainant as a result of the alleged breach of the law or threatens to

It was founded and what the applicant is seeking. In the case of objections under paragraph 2,

the applicant must indicate whether or not to argue the grounds for

the determination of the moment of alleged violations of the law an act of the contracting authority

learned. Objections not containing particulars under this paragraph

the contracting authority shall, without delay, in writing, and will refuse to inform

the complainant. The notice of opposition is duly and on time condition for the submission of the proposal

the review procedure, the contracting authority, in the same case. Proposal to impose

the prohibition of the performance of the contract under section 114 para. 2 can the complainant to submit, without

the previous opposition.



(8) a candidate or tenderer can the rights of the opposition against the decision of the

about choosing the best deals, or against a decision of the contracting authority of its

exclusion from participation in a procurement procedure in writing to give up; rights of

opposition candidate or tenderer may give up until after the formation of the right to bring

objections. If the candidate or the candidate gave up rights to the opposition,

applies, the time limit for the submission of objections in relation to the lead or

candidates expired. ".



19. in § 111 paragraph. 2 the words "§ 113 paragraph. 2 "shall be replaced by the words" § 114

paragraph. 4. "



20. In § 111 paragraph. 5 the first sentence, the words "or cancel the award procedure"

shall be deleted.



21. in § 112 para. 1, the words ", in which it reviews the legality of acts of the

the contracting authority in order to ensure compliance with the principles in accordance with § 6 "shall be deleted.



22. in § 112 para. 2, after the word "authority" the words "in the exercise of

supervision of compliance with this Act ".



23. in § 112 para. 2 (a). (b)) after the word "order" the words "and

the competition for the design ".



24. section 113 including the title reads as follows:



"§ 113



Initiation of proceedings



The procedure for review of acts of the contracting authority shall be initiated upon a written request

the complainant (hereinafter referred to as "the applicant") or the ex officio. ".



25. In paragraph 114, paragraphs 2 to 6 shall be added:



"(2) after the conclusion of the contract, you can only submit a proposal

against the conclusion of the contract without prior publication of a contract award procedure

or against violations of the prohibition of conclusion of the contract, established by this law.

The applicant can claim only the imposition of ban on the performance of the contract.



(3) a draft addition to the General requirements for filing ^ 64) must contain the indications

the contracting authority, in what is seen as a violation of the law, as a result of

the claimant threatens or suffer on his rights, the proposals on

the taking of evidence, and what the appellant seeks. Part of the proposal is to

proof of payment of a deposit under section 115 and in the case of a proposal to be sent to the Office

prior to the conclusion of the contract is also proof of delivery

objections to the sponsor and proof of lodging of the security pursuant to § 67

paragraph. 4.



(4) the proposal must be delivered to the Office and a copy to the contracting authority in the 10

calendar days from the date on which the complainant received a decision establishing the

the contracting authority has not complied with the opposition. Proposal to impose ban on the performance of the contract

referred to in paragraph 2 shall be delivered only to the Office within 30 calendar

days from the date on which the Contracting Authority published a notice of conclusion of the contract

manner according to section 147, stating the reason for the award of public contracts without


the publication of the contract notice, but not later than 6 months from the

the conclusion of this agreement.



(5) if the contracting authority did not satisfy the objections pursuant to § 111 paragraph. 1, the proposal on the

the imposition of measures to remedy the deliver of the authority and the contracting authority no later than 25

calendar days from the date of dispatch of the opposition by the complainant.



(6) the contracting authority is obliged to submit its observations to the Office received design

within 7 days of its delivery. Together with this expression will send the appropriate

the documentation of public contracts or design contests. In the case of the proposal on

prohibition of the performance of the contract is obligated to the Office at the same time send a copy of

to the contract and mark any reasons for continuing

performance of the contract within the meaning of § 118 paragraph. 3. ".



26. In article 115 paragraph. 1 the second sentence after the word "applicant" shall be inserted after

the words "or that the bid price, which is the subject of reviews,

the award of the framework agreement established only as a price per unit of performance

or in the case of the imposition of ban on the performance of the contract ".



27. In article 115, paragraph 2 reads as follows:



"(2) the deposit is the State budget revenue, if the Office has become final

the decision rejects the proposal according to § 118 paragraph. 4 (b). and otherwise), Office of the

the deposit together with interest returns to the applicant within 30 days from the date of acquisition of legal

the decision. The security deposit is returned also in the case where the authority, together with the

rejection of a proposal referred to in § 118 paragraph. 4 (b). a) Decides that the

the sponsor has committed administrative offense under § 120 paragraph 1. 1. ".



28. in paragraph 116, the words "best deals" the words "or

the decision to choose the most suitable design "and at the end of the text of § 116,

the words "or the successful design competition".



29. in § 117 paragraph 1. 1, after the word "decision" shall be replaced by "in the

administrative proceedings instituted "and the number" 118 "shall be replaced by the number" 112 ".



30. In § 117 paragraph 1. 1 (b). (b)), after the word "control" the words "or

competition for the design ".



31. in paragraph 117, the following new section 117a, which including the title reads as follows:



"section 117a



Termination of the proceeding



The Office initiated proceedings be suspended if



and the proposal has the prescribed particulars) according to section 114 para. 3 and the appellant

it within a period specified by the Office, to complete



(b)) was not with the filing of the proposal consists of a deposit under section 115 paragraph. 1 and

the applicant fails to pay the additional of bail even in the time limit set by the Office,



(c) the proposal was not delivered to the Office) and to the sponsor within the time limits under section 114 para.

4, or



d) in proceedings initiated ex officio, there were reasons to save

the remedy under section 118 or for the imposition of a penalty pursuant to section 120 or

§ 120a. ".



32. section 118, including a title:



"§ 118



The corrective measures and the nullity of contracts



(1) if the contracting authority does not comply with the procedure established for the award of public contracts

or for a competition for the design of, and this procedure significantly influenced or

could affect the selection of the most appropriate quote or proposal, and has not yet been

conclusion of the contract, the Office shall cancel a procurement procedure or a design contest or

just an individual act of the contracting authority.



(2) the authority in its decision on the basis of a proposal under section 114 para. 2 saves

the prohibition of the performance of a contract concluded in the contract if the contracting authority



and) committed by the administrative offense under § 120 paragraph 1. 1 (b). (c)), with the exception of

in cases where the Contracting Authority published a notice of intent to conclude a voluntary

the contract under § 146 paragraph. 2 and proceeded in accordance with § 82 para. 1, §

paragraph 110. 6 § 111 paragraph. 5,



b) committed by the administrative offense under § 120 paragraph 1. 1 (b). and at the same time)

the administrative offense under § 120 paragraph 1. 1 (b). (d)), or



c) commits the administrative offense under § 120 paragraph 1. 1 (b). and at the same time)

proceed in accordance with § 83 para. 2.



(3) the authority shall not impose a ban on execution of the contract referred to in paragraph 2, if it is satisfied

that the reasons worthy of special consideration, United with the public interest, require the

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

considered as such only in exceptional circumstances, where the

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

interests directly linked to the contract in question, in particular the costs arising from the

delay in performance of the contract, the costs associated with the launch of the new

the procurement procedure, the costs associated with changing the subject of the charging order

and the costs associated with legal obligations resulting from the prohibition of the performance of the

the contract, do not constitute reasons worthy of special consideration, requiring

the continued performance of the contract.



(4) the authority shall reject the proposal if the



and there were reasons for) the imposition of corrective measures pursuant to

paragraph 1 or 2,



(b)) were detected in the reasons for the imposition of ban on the performance of the contract in accordance with

paragraph 2, but the sponsor proves that populate the reasons worthy of special

considerations that require continued performance of the contract in accordance with paragraph 3,



(c) the proposal was not filed) by an authorized person, or



(d)) the proposal is not directed against the procedure, which the contracting authority is obliged to comply with

under this Act, in a procurement procedure or a design contest.



(5) the contract for performance of the contract is invalid because of a failure to comply with

the procedure under this Act only in cases where Office stores ban

its performance in accordance with paragraph 2. The invalidity of the other reasons this does not

prejudice. ".



33. In section 119 paragraph 1. 2 the first sentence, after the words "in accordance with § 118" the words

"paragraph. 1. "



34. section 120 including the title reads as follows:



"§ 120



Administrative offenses of contracting authorities



(1) the contracting authority is guilty of an administrative offense, by



and fails to comply with the procedure provided for this) by law for the award of public contracts,

While this significantly influenced or could influence the selection of the most appropriate

menu, and enters into a contract of a public contract,



(b) fails to comply with the obligation of publication set out) of this Act, or it will meet

contrary to section 146 or 147,



(c)) enters into a contract to award the contract without prior publication of a notice of

the contract notice according to § 146 paragraph. 1, although it is referred to in this

the law obliged to disclose this notification



d) enters into a contract on the contract in violation of § 82 para. 1, § 110

paragraph. 6 or § 111 paragraph. 5 or in conflict with the provisional measure according to §

paragraph 117. 1,



(e) cancel the award procedure) contrary to section 84,



(f) the Pact or not retained documentation) under section 109 or 155, or



g) rejects the objection in violation of § 110 or proceed in dealing with

the opposition, in violation of § 111.



(2) an administrative offense shall be fined in the



a) 5% of the contract price, or 10 000 000 Eur, if the total price

public procurement to determine, in the case of an administrative offence referred to in paragraph 1 (b).

and), (c) or (d))),



(b)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),

e), (f)) or g).



(3) the rate of the fines provided for in paragraph 2 shall be increased to double the amount, if

the sponsor commits repeatedly one of administrative offences according to the

of paragraph 1. Administrative offence is committed repeatedly, if before the expiry of 5

years from the date when the decision on the imposition of a fine for an administrative offence has

legal power, he was again committed the same administrative offense. ".



35. in paragraph 120, the following new section 120a, which including the title reads as follows:



' paragraph 120a



Administrative offenses suppliers



(1) the supplier commits an administrative offense, by



and to prove) will meet the qualifications, information or documents

that do not correspond to the facts and had or could have an impact on the assessment of the

qualification of suppliers in the tender, in the proceedings on the application for registration of the

in the list under section 129 or the change request this registration pursuant to §

paragraph 130. 2 or for the purposes of compliance with the conditions for the issuing of the certificate

According to section 138, or



(b)) have not made a request for change of registration pursuant to § 130 paragraph 1. 2.



(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty of up to 10

000 000 CZK and the prohibition of the performance of public contracts for a period of 3 years and for administrative

offence pursuant to paragraph 1. (b) a fine of up to Czk 1 000 000).



(3) the prohibition of public contracts means a ban on participation in public procurement

control and prohibition to conclude a contract on the performance of public contracts little

the range. Period of 3 years, to which the prohibition of the performance of public contracts

stores, starting on the date on which the decision referred to in paragraph 2 which has been saved

the ban on public contracts, came into legal force ".



36. section 121, including the title reads as follows:



"§ 121



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed. If prohibition was fulfilling the contract

According to § 118 paragraph. 2, will also be taken into account to the extent it was

the Treaty already has been performed.



(3) the liability of a legal person for an administrative offense shall cease, if the Office

about him has not initiated proceedings within 5 years from the date on which it learned,

but not later than 10 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

The Office.



(5) The liability for the acts, which took place in the business

person ^ 65) or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions. "



37. the heading of part six: "the LIST of QUALIFIED SUPPLIERS, the system


CERTIFIED VENDORS, FOREIGN VENDORS LIST, AN INDEX OF PERSONS

WITH THE PROHIBITION OF PUBLIC CONTRACTS ".



38. In the sixth title IV, including the title reads as follows:



TITLE IV



REGISTER OF PERSONS, THE PROHIBITION OF PERFORMANCE OF PUBLIC CONTRACTS



§ 144



Keeping a register of persons, the prohibition of performance of public contracts



(1) in the register of persons, the prohibition of performance of public contracts (hereinafter referred to as

"the register") are written by a legal or entrepreneurial natural person

which was under section 120a para. 2 banned performance of public contracts.

Index leading the Ministry.



(2) the authority shall inform without delay the Ministry about acquisition of legal power

decision under section 120a para. 2 prohibition of performance

public contracts shall communicate the identification details of a legal or business

the physical person who is to be on the basis of this decision in the register

written and shall indicate the date from which the ban on the performance of public contracts

begins, and the day ends. The Ministry not later than 5 working days

from the communication Office, writes the following information to register.



(3) the authority shall inform the Ministry about a possible annulment of the decision

under section 120a was para. 2 banned performance of public contracts.

The Ministry registered person no later than within 5 working days from the date of

communication from the Office of the information referred to in paragraph 2 from the register clears.



(4) the register shall be publicly available, and it also means that allow

remote access ".



39. In paragraph 146, after paragraph 1, insert a new paragraph 2 is added:



"(2) in cases where the contracting authority is not obliged to publish a notice of

the initiation of the procurement procedure, it may publish the notice of intent to

contract. ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



40. In § 146 paragraph. 6, the number "4" is replaced by "5".



41. In section 159, paragraph 4 reads:



"(4) the Ministry shall issue a decree for the implementation of § 83 para. 3, section 119 paragraph 1. 2

and § 146 paragraph. 3 and 6. ".



42. The annex No. 1 to 3 shall be added:



"The annex No. 1 to Act No. 137/2006 Coll.



A list of services that are subject to publication in the official journal of the European Union

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

The category of the subject of the reference number of the CPV reference numbers

CPC ^ (1)

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

1 maintenance and 6112, 6122, 633, From 50100000-6 to 50884000-5 (except for 50310000-1

repair-service to 50324200-4, 886 and 50116510-9, 50190000-3,

50229000-6, 50243000-0) and from the 51 million-9 to

51900000-1

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

2 land transport ^ (2) 712 (except From 60100000-9 to 60183000-4 (in addition to 60160000-7,

including transport 71235), 7512, 60161000-4, 60220000-6), and from 64120000-3 to

money and courier 87304 64121200-2

services with the exception of

transport of mail

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

3 73 air freight (except 7321) From 60410000-5 to 60424120-3 (except 60411000-2,

passengers and 60421000-5), and 60500000-3 60440000-4 to

cargo with the exception of 60445000-9

mail

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

4 ground 71235, 7321 60160000-7, 60161000-4, 60411000-2, 60421000-5

mail ^ (2) and air

transport of mail

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

5 Telecommunications 752 From 64200000-8 to 64228200-2, 72318000-7 and from

Service 72700000-7-72720000-3

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

6 financial services ex 81, 812, 814 From 66100000-1 to 66720000-3 (3)

and insurance services)

(b) the) banking and

investment services ^ (3)

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

7 Computer 84 From 50310000 to 50324200-1-4 Od72000000-5

data processing and with 72920000-5 (kromě72318000-7 and 72700000-7 to

related services 72720000-3), 79342410-4

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

8 Services in research and 85 From 73000000-2 to 73436000-7 (except 73200000-4,

the development of the ^ (4) 73210000-7, 73220000-0)

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

Accounting and audit 9 862 From 79210000-9 to 79223000-3

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

10 market research and 864 From 79300000-7-79330000-6 and 79342310-9,

public opinion 79342311-6

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

11 Advice ^ (5) and with 865, 866 From 73200000-4 to 73220000-0 From 79400000-8 to

related services 79421200-3 and 79342000-3, 79342100-4, 79342300-6,

79342320-2 79342321-9, 79910000-6, 79991000-7

98362000-8

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

12 architectural, 867 From 71000000-8 to 71900000-7 (except 71550000-8)

engineering services and and 79994000-8

integrated

engineering services,

territorial planning,

related

Scientific and technological

consulting, services

services and

carrying out analyses

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

13 871 advertising services From 79341000-6 to 79342200-5 (in addition to 79342000-3 and

79342100-4)

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

14 cleaning services and 874, 82201 to From 70300000-4 to 70340000-6, aOd-6 to 90900000

the House Administration 82206 90924000-0

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

15 Publishing and 88442 From 79800000-2 to 79824000-6 Od79970000-6 to the

printing services for 79980000-7

remuneration or on

a contractual basis

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

16, services related to 94 From 90400000-1 to 90743200-9 (except 90712200-3

sewage and refuse From 90910000-9 to 90920000-2 and 50190000-3,

waste, sanitary and 50229000-6 50243000-0)

similar services

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



(1) CPC Nomenclature (temporary version), which is used to define the

the scope of Directive 92/50/EEC.



(2) except for rail transport in the category 18.



(3) except contracts for financial services relating to the issue, purchase

and the sale or transfer of securities and other financial instruments, and

central bank services. Also, with the exception of contracts for the acquisition or rental

of land, existing buildings or other immovable property or concerning rights

United financed in different ways; However, the agreement on the financial

service agreements in any form at the same time, sooner or later, than

It is concluded the purchase or lease agreement, to be governed by this directive.



(4) with the exception of contracts for research and development services other than those of the

where the results go exclusively to the contracting authority or contracting entity sektorovému

in the performance of its own activities, on condition that the service provided

It is fully paid by the contracting authority or contracting entity, is a sector.



(5) except arbitration and conciliation proceedings.



Annex 2 to the Act No. 137/2006 Coll.



List of services not subject to publication in the official journal of the European

Union



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

The category of the subject of the reference number of the CPV reference numbers

CPC ^ (1)

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

17 hotel and restaurant 64 From 55100000-1 to 55524000-9, and from 98340000-8

services to the 98341100-6

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

Rail Services From 711 18 60200000-0-60220000-6

transport

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

19 water transport Services 72 from the 60600000-4-0 and into the 60653000 from the 63727000-1

to 63727200-3

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

20 Supporting and minor 74 From 63000000-9 to 63734000-3 (except

transport services 63711200-8, 63712700-0, 63712710-3, and from the

63727000-1 to 63727200-3), and 98361000-1

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

21 861 legal services From 79100000-5 to 79140000-7

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

Service personnel From 22 872 79600000-0 to 79635000-4 (in addition to the


agencies, and the provision for 79611000-0, 79632000-3, 79633000-0), and from

Service ^ (2) 98500000-8 to 98514000-9

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

23 search and security 873 79700000-1 to 79723000-8

with the exception of services (except 87304)

transport services

pancéřovými cars

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

24 Education & services 92 From 80100000-5 to 80660000-8 (in addition to the

vocational training 80533000-9, 80533100-0, 80533200-1

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

25 health and welfare 93-0 for 79611000, and From 85000000-9 to 85323000-9

Services (except 85321000-5 and 85322000-2



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

26 recreational, cultural and 96 From 79995000-5 to 79995200-7 and from 92000000-1

sporting services ^ (3) into the 92700000-8 (except 92230000-2,

92231000-9, 92232000-6)

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

27 other services

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



(1) CPC Nomenclature (temporary version), which is used to define the

the scope of Directive 92/50/EEC.



(2) except employment contracts.



(3) except contracts for the acquisition, development, production or co-production of

of programme material by broadcasters and contracts for the

broadcasting time.



Annex No. 3 to Act No. 137/2006 Coll.



Construction activities under section 9 paragraph 1 letter a)

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

^ (1) NACE Code CPV

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

Section F Construction

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

Section Group Class Notes Description

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

45 Construction contents of this section: construction of new buildings to 45 million

and works, renovation and routine maintenance of

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

45.1 site preparation 45100000

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

45.11 Demolition and cutting the contents of this class: 45110000

buildings; preparation of the territory — the demolition of buildings and other structures

and ground work — cleaning sites

— ground work: excavation, landfill,

levelling and landscaping

construction sites, trench digging,

the removal of rocks, blasting, etc.

— preparation of sites: mining

works, removal of the overburden and other

development and preparatory work

— This class also includes:

— drainage of construction sites

— drainage of agricultural and forest

surfaces

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

Exploratory drilling 45.12 and content of this class: 45120000

dredging operations — test drilling and core

drilling for construction, geophysical,

geological or similar purposes

This class does not include:

— drilling works in the oil and

natural gas for the purpose of mining, see

11.20

-water well drilling, see 45.25

— shaft sinking, see 45.25

— exploration of crude oil and natural

gas, geophysical, geological and

seismic measurements, see 74.20

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

28.1 Implementation complete 45200000

buildings or their

parts; building

Engineering

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

45.21 General construction of the content of this class: 45210000 except:

buildings and construction — construction of buildings of all kinds 45213316 45220000

construction of civil engineering works — 45231000 45232000

— civil engineering — bridges, including the

Highway overpasses, viaducts, tunnels and

underground railways

— long-distance pipelines, telecommunications and

electrical lines

— urban pipeline, cable and electrical

the network; — related urban Assembly

and construction of prefabricated buildings on the

the construction site

This class does not include:

— supporting and occasional services

related to the extraction of oil and natural

gas, see 11.20

— construction of complete prefabricated constructions

of the nebetonových parts of our own production, see

divisions 20, 26 and 28

— building work, other than buildings,

for stadiums, swimming pools, gymnasiums,

tennis courts, golf courses and

other sports installations, see

45.23

— building installation, see 45.3

— the completion of buildings, see 45.4

— activities of architects and engineering

activities, see 74.20

— control construction projects, see 74.20

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

45.22 erection Content of this class: 45261000

construction and installation — installation of roofs

roofing — the laying of roofs

— insulation against water and moisture

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

Construction of highways and the contents of 45.23 this class: 45212212 and DA03

roads, airports and the construction of motorways, roads — the, streets, other 45230000, except:

sports facilities for vehicles and pedestrian paths 45231000-45232000-

— construction of railways 45234115

— construction of the airfield runways

— building work, other than buildings,

for stadiums, swimming pools, gymnasiums,

tennis courts, golf courses and

other sports equipment, coatings and

surface marking of roads and parking lots. This

class does not include:

— preparatory ground work, see 45.11

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

45.24 construction of water works includes the building of this class: 45240000

waterways, ports (including

jachetních), river works, locks, etc.

— dams and dykes

— dredging underwater

— underground work

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

45.25 other construction contents of this class: 45250000 45262000

activities involving — specialized activities requiring

Special crafts special professional qualifications or

equipment

— construction of the foundations, including piloting

drilling and construction of wells, excavation

bays

— installation of steel elements rather than your own

production

— bending of steel

— masonry and paving contractors

-Assembly and disassembly of scaffolding and moving

working platforms, including their

rent

— construction of chimneys and industrial ovens

This class does not include:

— renting of scaffolds without their montážea

dismantling, see 71.32

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

45.3 building installation 45300000

work

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

the contents of this Installation class 45.31:45213316 45310000

electrical wiring installation in buildings or other construction projects of: in addition to:-45316000

and equipment — electrical wiring and fittings

— telecommunications systems


-electric heating

— radio and tv antennas

(for residential buildings)

— fire detectors

— protection against

burglary

— lifts and escalators

— lightning conductors, etc.

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

45.32 Insulation work contents of this class: 45320000

— installation of insulation thermal, noise or

vibration in buildings or other construction projects

This class does not include:

— insulation against water and humidity, see

45.22

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

45.33 plumbing Content of this class: 45330000

— installation in buildings or other construction projects of:

— water and sanitary equipment

— gas pipe

— heating, ventilation, cooling

or air-conditioning equipment and management

— sprinkler equipment

This class does not include:

— installation of electrical heating systems, see 45.31

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

45.34 other building contents of this class: 45234115 45316000

installation work of illumination and signalling installation — 45340000

equipment for roads, railways, airport

and ports

— installation of equipment and fixtures

not elsewhere specified in buildings and other

construction sites

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

45.4 building completion and 45400000

finishing work

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

45.41 Plastering and the content of this class: 45410000

stucco plastering and stucco work, including

related lathing, on budovácha

other construction projects and in their interiors

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

45.42 joinery installation contents of this class: 45420000

building completion work — installation of doors, Windows, door and window

frames, built-in kitchen, stairs,

the device stores, etc. not your own

production of wood or other materials

— finishing the Interior as

tile installation in ceilings, walls, installation of mobile

partitions

This class does not include:

— the laying of parquet and other wood

floor coverings, see 45.43

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

45.43 walls and contents of this class: 45430000

floor — bonding or laying in buildings and

covering other construction projects of:

— ceramic, concrete or stone

tiles and wall tiles

— parquet and other wood floor

coverings carpets and linoleum,

including rubber and plastic

coverings

— terrazzo, marble, granite or

Slate flooring and

wall-hanging

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

45.44 painting Decorators Content of this class: 45440000

and paint jobs — the application of internal and external coatings

buildings — painting engineering constructions

— installation of glass and mirrors

This class does not include:

— installation of Windows

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

45.45 Other finishing the content of this class: 45212212 and DA04

Works — installation of private swimming pools 45450000

— pressure steam facade cleaning, sand and

similar activities, which relate to the

the outer shell of the buildings

-other building completion and finishing

construction works n.e.c.

This class does not include:

— cleaning the interiors of buildings and other

structures, see 74.70

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

45.5 renting of construction and 45500000

demolition

equipment with operator

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

45.50 renting of construction and this class excludes: 45500000

demolition-renting of construction or demolition

equipment with operator of machinery and equipment without operators, see 71.32

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



(1) Council Regulation (EEC) No 3037/90 of 9 October 1990. October 1990 on the statistical

classification of economic activities in the European Community (OJ. L

293, on, p. 1). Regulation as last amended by Commission Regulation

(EEC) no 761/93 (OJ. L 83, 3.4.1993, p. 1). ".



Article. (II)



Transitional provisions



1. Public procurement, design contests and the procedure for the review of

the acts of the contracting authority the Authority initiated before the date of entry into force of this

Act shall be completed according to the existing legislation.



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

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

or competition for the proposal referred to in point 1, shall follow the procedure referred to in

the existing legislation.



PART TWO



Amendment of the Act of concession contracts and concession management



Article. (III)



Act No. 137/2006 Coll., on concession contracts and concession management

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

Coll., Act No. 227/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:



1. in article 3, the following new paragraph 3a, including the title reads as follows:



' section 3a



Principles of the procedure the contracting authority



The contracting authority is obliged to, when the procedure under this Act, comply with the principles

transparency, equal treatment and non-discrimination. ".



2. in § 5 para. 2, after the word "values", the words ", the contracting authority is

However, shall comply with the principles referred to in section 3a ".



3. section 12 reads as follows:



"section 12



(1) on the basis of the results of the award procedure, the contracting authority selects for the conclusion of the

the concession contract the vendor whose offer has been evaluated as

the most economically advantageous.



(2) the notice of the selection of the concessionaire, the provisions on notification

about choosing the best offer public procurement Act apply mutatis mutandis.



(3) for the opposition, the method of their settlement and a ban on the conclusion of the

the concession contract shall apply the relevant provisions of the Act on public

orders accordingly.



(4) for the conclusion of a concession contract, the provisions of the Act on public

procurement of conclusion of the contract apply.



4. section 24 including title and footnotes 14 and 14a is inserted:



"§ 24



Oversight of the Office for protection of competition



(1) supervision of compliance with this Act shall be exercised by the Office for the protection of

of competition (hereinafter referred to as "the authority").



(2) the authority in the exercise of supervision of compliance with this Act



and issuing provisional measures)



(b)) decides whether the contracting authority acted in accordance with this Act,



c) corrective measures and penalties stores,



d) hears administrative offences,



(e) acts of the contracting authority) checks under other legislation ^ 14); by

is without prejudice to the competence of other bodies exercising such control

under other legislation ^ 14a),



(f) shall carry out the additional tasks) if provided for by other legislation.



14) Act No. 553/1991 Coll. on State control, as amended

regulations.



14A) for example, Act No. 166/1993 Coll. on the Supreme Audit Office, in

as amended. ".



5. under section 24, the following new section 24a-24f, including headings and

footnote # 15:



"§ 24a



Initiation of proceedings



The procedure for review of acts of the contracting authority, at the Office at the written

the complainant's proposal (hereinafter referred to as "the applicant"), or ex officio.



section 24b



A proposal from the



(1) an application may be filed against all the procedures of the contracting authority, that exclude or

could exclude the principles laid down in § 3a and as a result there is a risk

or suffer on the rights of the applicant, in particular against



and contract conditions)



(b) the content of the notice of initiation) the award procedure,



(c) the exclusion of candidates) of the award procedure,




(d)) decision about choosing the best deals,



(e) the use of species) of the award procedure.



(2) after the conclusion of the concession contract may be brought only against the closure proposal

the concession contract without prior publication of a notice or

against the violation of the prohibition on the conclusion of the concession contract.



(3) a draft addition to the General requirements for filing ^ 15) must contain an accurate

the designation of the contracting authority, in what is seen as a violation of the law, in which the

as a result the claimant threatens or suffer on his rights,

relevant evidence, and what the applicant is seeking. Part of the proposal

consigned Office is proof of delivery of the objections to the sponsor and proof of

a deposit under section 24 c, and in the case of a proposal to be sent to the Office before

the conclusion of the concession contract also proof of delivery of the objections to the sponsor.



(4) the proposal must be delivered to the Office and a copy to the contracting authority in the 10

calendar days from the date on which the appellant received the decision establishing the

the contracting authority has not complied with the opposition. Proposal to impose ban on the performance of the concession

the contract referred to in paragraph 2 shall be delivered only to the authority, within 30

calendar days from the date on which the Contracting Authority published a notice of the outcome of the

the award procedure in a manner pursuant to § 31 para. 3, stating the reason for

the conclusion of the concession contract without prior publication of a notice of the award procedure,

not later than 6 months from the conclusion of this concession contract.



(5) if the contracting authority did not satisfy the objections pursuant to § 12 para. 4 a proposal to

the imposition of measures to remedy the submit and deliver to the authority and the contracting authority

not later than 25 calendar days from the date of dispatch of the opposition

the complainant.



(6) the contracting authority is obliged to submit its observations to the Office received design

within 7 days of its delivery. Together with this expression will send the appropriate

documentation of the concession contract. In the case of the proposal on the prohibition of the performance of the concession

the contract obligated the authority at the same time send a copy of the concession

of the Treaty and to indicate any reasons for the continuation of the performance of the contract in

the meaning of § 25 para. 3.



§ 24 c



Security deposit



(1) request the petitioner is required to pass on the account of the Office bail

in the amount of 1% of the estimated value of the subject of the concession contract, at least

However, in the amount of $50,000, a maximum of 2 000 000 CZK. In the case of an application

imposition of a ban on the performance of the concession contract, the petitioner is required to pass the

deposit 100 USD. Bank connection Authority shall publish on its Internet

the address.



(2) the deposit is the State budget revenue, if the proceedings brought by the Office of the

on the proposal for a final decision according to § 25 paragraph 2 stops. 4 (b). and)

otherwise the Office shall deposit with interest returns to the applicant within 30 days from the date of

When he learns about the legal force of the decision. The deposit is also returns in the

the case where the authority, together with the rejection of a proposal in accordance with § 25 para. 4

(a). and) decide to commit the administrative offence under § 27 para. 1.



section AA



Parties to the proceedings



Party to the proceedings is the sponsor and the proceedings commenced on the proposal also

the appellant; If the subject of the management review of the decision on the selection of

the best deals, is a participant in the proceedings whether or not the selected candidate.



section 24e



Interim measures



(1) the authority may, prior to the release of the decision in the administrative proceedings initiated

under section 24a of the extent strictly necessary in the application of a party or of the

ex officio to ensure the purpose of the proceedings require the sponsor of this preliminary

measures:



and to conclude the concession contract) to disable in concession management, or



(b) suspend the award procedure).



(2) the application for interim measures in addition to the General requirements

the submission contains the exact designation of the contracting authority, in what is seen as a

violations of the law, as a result of injury to the plaintiff is imminent

on his rights, supporting evidence, and what the applicant provisional

measure seeks. If the proposal does not set out requirements, preliminary

the measures directed by the Authority.



(3) the Office shall cancel the interim measure as soon as it clears, the reason for which it was

otherwise ordered, shall expire on the decision in accordance with § 25

came into legal force.



(4) an appeal against a decision on interim measures does not have suspensory

effect.



section 24f



Termination of the proceeding



The Office initiated proceedings be suspended if



and the proposal has prescribed formalities) under section 24b para. 3 or section 24e

paragraph. 2 and the applicant within the time limit specified by the Office it does,



(b)) was not with the filing of the proposal consists of a deposit under section 24 c of paragraph 1. 1 and

the applicant fails to pay the additional of bail even in the time limit set by the Office,



(c) the proposal was not delivered to the Office) and to the sponsor within the time limits under section 24b para.

4,



(d) the proposal was not filed) by an authorized person,



(e)) the proposal is not directed against the procedure, which the contracting authority is obliged to comply with

under this Act, in a concession to the proceedings, or



f) in proceedings initiated ex officio, there were reasons to save

the remedy under section 25, or for the imposition of a penalty pursuant to section 27 or section

27A.



15) § 37 para. 2 Act No. 500/2004 Coll., the administrative procedure code. ".



6. the heading of section 25 is repealed.



7. § 25 including the title reads as follows:



"§ 25



The corrective measures and the nullity of contracts



(1) if the contracting authority does not comply with the procedure established by this Act, and

significantly influenced or could influence the selection of the most appropriate

menu, and not to conclude a concession contract, the Office stores

corrective action by cancelling the concession procedure or a single act

the contracting authority.



(2) the authority in its decision on the basis of a proposal under section 24b saves the prohibition

the performance of the concession contract, if the contracting authority



and committed an administrative offense by) section 27 para. 1 (b). (c)), with the exception of

in cases where the Contracting Authority published a notice of intent to conclude a voluntary

the contract pursuant to § 31 para. 3 and progressed in accordance with § 12 para. 4 and § 12

paragraph. 5, or



(b) committed an administrative offence under) section 27 para. 1 (b). and at the same time)

the administrative offense under § 27 para. 1 (b). (d)).



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

finds that the reasons worthy of special consideration, require the continuation of the performance of

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

considered as such only in exceptional circumstances, where the

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

Economic interests directly linked to the public concession contract,

in particular the costs arising from the delay in carrying out the public concession

the contract, the costs associated with starting a new concession, the cost

associated with changing the subject performing a public concession contract and costs

associated with the legal obligations arising from the ban on the performance of the concession

the contract, do not constitute reasons worthy of special consideration, requiring

the continuation of the performance of the concession contract.



(4) the authority shall reject the proposal if the



and there were reasons for) the imposition of corrective measures pursuant to

paragraph 1 or 2, or



(b)) were detected in the reasons for the imposition of ban on the performance of the contract in accordance with

paragraph 2, but the sponsor proves that populate the reasons worthy of special

considerations that require continued performance of the contract in accordance with paragraph 3.



(5) the concession contract is invalid because of a failure to follow the procedure referred to in

This Act only in cases where the authority will save the ban on its performance

in accordance with paragraph 2. ".



8. section 26 including the title reads as follows:



"section 26



The costs of proceedings



(1) unless otherwise provided by this Act, shall be borne by the authority and parties of their

costs of the proceedings.



(2) the decisions of the Office pursuant to § 25 para. 2 it is also a decision on

the contracting authority's obligation to reimburse the costs of the administrative procedure (hereinafter referred to as

"cost control"). The costs are to be paid in a lump sum as laid down

an implementing regulation.



(3) for reasons of particular interest from the obligation of

pay the costs of the proceedings referred to in paragraph 2 in whole or in part.



(4) for the costs of the proceedings are the provisions of the Act on public

orders. ".



9. section 27 including the title reads as follows:



the "section 27



Administrative offenses of contracting authorities



(1) the contracting authority is guilty of an administrative offense, by



and fails to comply with the procedure provided for this) by law, with this procedure

substantially affected or may have affected the selection of the most appropriate menu, and

shall conclude the concession contract,



(b) fails to comply with the obligation of publication set out) of this Act, or it will meet

contrary to § 31 para. 4,



(c)) shall conclude a concession contract without prior publication of a notice of the initiation of the

the award procedure pursuant to § 31 para. 4,



(d)) the concession contract in violation of the ban on its conclusion under section

12 paragraph 1. 4 and § 12 para. 5 or in conflict with the provisional measure according to §

24e para. 1,



e) cancels the concession procedure contrary to section 6 (1). 2,



(f) the Pact or not retained) documentation of the award procedure under section 33,

or



g) rejects the objection in violation of § 12 para. 4 and or procedures for

the examination of the opposition, in violation of § 12 para. 4.



(2) an administrative offense shall be fined in the



and 5% of the estimated) value of the subject of the concession contract, if the

administrative offence referred to in paragraph 1 (b). and), (c) or (d))),



(b)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),

e), (f)) or g).



(3) the rate of the fines provided for in paragraph 2 shall be increased to double the amount, if

the sponsor commits repeatedly one of administrative offences according to the

of paragraph 1. Administrative offence is committed repeatedly, if before the expiry of 5


years from the date when the decision on the imposition of a fine for an administrative offence has

legal power, he was again committed the same administrative offense. ".



10. under section 27 the following is added to section 27a and 27b, that including the following titles:



"§ 27a



Administrative offenses suppliers



(1) the supplier commits an administrative offense by submitting to demonstrate

meet the qualifications, information or documents that do not match

facts and had or could have an impact on the assessment of qualifications

a vendor in concession management.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 10 000 000 Czk

and the prohibition of the performance of the concession contract for a period of 3 years.



(3) the prohibition of the performance of the concession contract means a ban on participation in the concession

control and prohibition of the performance of the concession contract, if the estimated income

dealers less than 20 000 000 CZK exclusive of value added tax. Period 3

years, to which the prohibition of the performance of the concession contract stores, starting on the day

where the decision referred to in paragraph 2, which was saved by a prohibition of the performance of

the concession contract, came into legal force.



section 27b



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed. If prohibition was fulfilling the contract

According to § 25 para. 2, will also be taken into account to the extent it was

the Treaty already has been performed.



(3) the liability of a legal person for an administrative offense shall cease, if the Office

about him has not initiated proceedings within 5 years from the date on which it learned,

but not later than 10 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

The Office.



(5) The liability for the acts, which took place in the business

person or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions. "



11. section 28 including title and footnotes # 15a and 15b be added:



"section 28



Confidentiality and protection of trade secrets



(1) employees of the Office, as well as those who have been entrusted with the execution of the tasks

belonging to its competence, are obliged to maintain the confidentiality of the

all the facts on which the learned in the course of work

duties. Confidentiality obligation shall not apply if the said persons

served on such facts testimony to law enforcement

proceedings or in proceedings before the Court, or if the challenge of these

authorities or court serves a written statement ^ 15a). The obligations

confidentiality of employees of the Office is without prejudice to the provision of data and

information by the authority under other legislation ^ 15b).



(2) if the Office finds out the fact, that is the subject of the business

the secret, is obliged to take measures to ensure that the trade secret was not

infringed.



15A) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended.



15B) for example, Act No. 337/1992 Coll., on administration of taxes and fees, in the

as amended, Act No. 106/1999 Coll., on free access

to information, as amended. ".



12. section 29, including the title reads as follows:



"§ 29



Publication of final decisions of the Office



The Office continuously publishes its final decisions under this Act

on its Internet address. ".



13. In article 31, paragraph 2, the following paragraph 3 is added:



"(3) in cases where the contracting authority is not obliged to publish a notice of

concession notice, may publish a notice of intent to

contract. ".



The former paragraph 3 shall become paragraph 4.



14. under section 31 is added to § 31a, which including the title reads as follows:



"§ 31a



With the prohibition of the performance of the people index concession contracts



(1) in the register of persons, the prohibition of the performance of concession contracts (hereinafter referred to as

"the register") are written by a legal or entrepreneurial natural person

that was in accordance with § 27a para. 2 banned performance of concession contracts.

Index leading the Ministry.



(2) the authority shall inform without delay the Ministry about acquisition of legal power

the decision, which was in accordance with § 27a para. 2 prohibition of performance

concession contracts, shall communicate the identification details of a legal or business

the physical person who is to be on the basis of this decision in the register

written and shall indicate the date from which the ban on the performance of concession contracts, the performance

begins, and the day ends. The Ministry not later than 5 working days

from the communication Office, writes the following information to register.



(3) the register shall be publicly available, and it also means that allow

remote access ".



Article. (IV)



Transitional provisions



1. Initiated the concession management, for review of acts of the contracting authority

The authority and control of the imposition of sanctions, initiated before the date of entry into force of

This Act shall be completed according to the existing legislation.



2. In proceedings for review of acts of the contracting authority and the procedure for the imposition of sanctions,

that was initiated after the date of entry into force of this law and that the

concession proceedings initiated before the date of this Act,

the process according to the existing legislation. A proposal to begin

proceedings referred to in the first sentence is charged according to present laws

regulations.



PART THREE



Amendment of the Act on the scope of the Office for protection of competition



Article. In



Act No. 273/1996 Coll., on the competence of the authority for the protection of

competition, as amended by Act No. 184/1999 Coll., Act No. 359/2004 Coll.

Act No. 626/2004 Coll. and Act No. 262/2006 Coll., is amended as follows:



In section 1 (1). 10 is the number "2" is replaced by "3".



PART FOUR



Amendment to the law on budgetary rules



Article. (VI)



Act No. 218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended by Act No. 493/2000

Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001

Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002

Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004

Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll., Act No. 1/2005

Coll., Act No. 127/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005

Coll., Act No. 545/2005 Coll., Act No. 112/2006 Coll., Act No. 130/2006

Coll., Act No. 137/2006 Coll., Act No. 140/2006 Coll., Act No. 230/2006

Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll., Act No. 218/2007

Coll., Act No. 26/2008 Coll., Act No. 306/2008 Coll., Act No. 109/2009

Coll., Act No. 154/2009 Coll., Act No. 227/2009 Coll. and Act No.

281/2009 Coll., is amended as follows:



In § 49 paragraph 10, insert a new paragraph 11, which read:



"(11) of income accounts of the State budget it is possible to return the tax referred to in

the definition in section 1 (1). 1 of the law on administration of taxes and fees and fines

or parts thereof, where there is a legal reason to return. The following is a

possible to return the taxes and fines, or parts thereof, and in the years that

following the financial year in which they have been accepted into the

the State budget ".



PART FIVE



The EFFECTIVENESS of the



Article. (VII)



1. the first and second Part of this Act become effective on January 1. January

2010.



2. the third and fourth Part of this Act shall become effective on the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.

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