258/2007 Sb.
LAW
from day 4. August 2011,
amending Act No. 137/2006 Coll., on public procurement, as amended by
amended
Parliament has passed the following Act of the United States:
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., Act No. 281/2009 Coll., Act No. 417/2009 Coll., Act No.
179/2010 Coll., Act No. 423/2010 Coll. and Act No. 73/2006, is amended
as follows:
1. in the introductory part of the provisions of paragraph 1, the words "European Community" ^ 1 ")"
replaced by the words "European Union" ^ 1 ")".
Footnote 1:
"1) European Parliament and Council Directive 2004/18/EC of 31 October. March
2004 on the coordination of procedures for the award of public works contracts
works, supplies and services. Directive of the European Parliament and of the Council
2005/75/EC of 16 December 2002. November 2005 correcting directive
2004/18/EC on the coordination of procedures for the award of public works contracts
works, supplies and services. Directive of the European Parliament and of the Council
2004/17/EC of 31 October. March 2004 on the coordination of procedures for the award
public procurement of entities operating in the water,
energy, transport and postal services sectors.
Council Directive 89/665/EEC of 21 December 1988 December 1989 on the coordination of laws,
and administrative provisions relating to the review procedure when entering
public supply contracts and public works contracts.
Council Directive 92/13/EEC of 25 September 1992. February 1992 on the coordination of laws, regulations and
administrative provisions relating to the application of Community provisions on
procedures for the award of public contracts in the field of water
economy, energy, transport and telecommunications sectors.
European Parliament and Council Directive 2007/66/EC of 11 December 1997. December
2007, amending European Parliament and Council directive 1989/666/EEC
and a directive of the European Parliament and of the Council 1992/13/EEC with regard to
increase the effectiveness of review procedures concerning the award of public contracts.
European Parliament and Council directive 2009/81/EC of 13 April 2004. July
2009 on the coordination of procedures for the award of certain works contracts,
works, supplies and services by contracting entities in the field of defence and security, and
amending directives 2004/17/EC and 2004/18/EC.
Commission Directive 2005/51/EC of 7 September 2004. September 2005 amending the annex to
XX of the European Parliament and Council Directive 2004/17/EC and annex VIII
European Parliament and Council Directive 2004/18/EC on public
orders. ".
2. In paragraph 2, at the end of paragraph 5, the following sentence "Subsidized by the contracting authority
does not flow according to the provisions of this Act in the case of the award of public
contracts in the field of defence or security. ".
3. In article 2, paragraph 7, the following paragraph 8 is added:
"(8) sponsor Sectoral procedures for the award of public contracts in the
the field of defence and security under the provisions of this Act,
applicable to the contracting authority; the provisions of § 19 para. 1 by
shall not be affected. "
Paragraphs 8 and 9 shall be renumbered 9 and 10.
4. In article 2 (2). 10 is the number "8" is replaced by "9".
5. In section 4, paragraph 4. 1 (b). (h)), paragraph 4, the words "§ 18 para. 1 (b). (e)) "
replaced by the words "§ 18 para. 2 (a). (b)) ".
6. in article 10 the following new section 10a, including title:
"§ 10a
Public order in the field of defence and security
(1) a public contract in the defence or security of the public
a contract the object of which are
and the supply of military equipment), its components, spare parts and
components parts,
(b) the shipment of sensitive material), its components, spare parts and
components parts,
(c)) works, supplies or services directly related to the supply of
referred to in (a)), or
(b)) for all phases of their life cycle,
d) works or services for exclusively military purposes, or
e) construction work or sensitive-sensitive services.
(2) the sponsor shall proceed according to the provisions of this Act applicable to the
the award of public contracts in the fields of defence and security, even if
If the subject of the public contract falls within the area referred to in paragraph 1
only partially and at the same time there are objective reasons for specifying only
a single contract.
(3) the contracting authority is not obliged to do under this Act in the case
If the subject of the public contract falls within the area of defence and security
referred to in paragraph 1 only partially, for the rest of you can use
one of the exemptions under § 18 para. 1, 2 and 3 or § 19 para. 2, 3 and 7,
and while there are objective reasons for specifying only a single public
contract. ".
7. § 12 para. 1, after the words "contracting authorities" shall be replaced by the categories ",
the area ".
8. in section 17(2). 1 at the end of the letter p) dot is replaced by a comma and
the following letters q) to t) are added:
"q) military weapons, ammunition and other material that is
specially designed, constructed or adapted for military purposes;
list of military material, lays down implementing legislation,
r) sensitive material, sensitive construction works and sensitive
services, materials, works and services for security purposes, for
which the provision of classified information,
with an exceptional situation in the crisis), the Czech Republic or another country that
already formed or its origin are imminent and which seriously threatens the
or limits the lives, health or property or requires the adoption of
measures to ensure basic supplies for the population; for the crisis is
consider also the armed conflicts and war,
t) the life-cycle of all the progressive phase of the product, including its
research and development, industrial development, production, repair, modernization, modification,
maintenance, logistics and training relating to the product, test, download
from the market or liquidation. ".
9. In article 17, paragraph 2, including footnote No. 15a is deleted and
at the same time, paragraph 1 shall be deleted.
10. In section 18 (1):
"(1) the contracting authority is not obliged to enter under this Act public
the contract, if the
and publication in accordance with §), 146 or by posting a written challenge pursuant to § 38
There has been a compromise of classified information ^ 16),
(b)) it is a contract whose object is the production of the military
material or trade with it, and this procedure is necessary to protect the
the essential security interests of the United States; While this procedure
shall not adversely affect the conditions of competition in the internal market
The European Union with products which are not intended for specifically military
purposes,
(c)) 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,
(d)) relate the acquisition or rental of existing real estate, flats
or non-residential premises or the related rights, with the exception of public
the contracts, involving financial services associated with such
acquisition or lease, regardless of whether such a financial service,
be provided before or after the contract of acquisition or rental
existing real estate, flats and non-residential premises, or
related rights,
(e) the provision of their subject matter) of the supplies, services or works
to the contracting authority by the person who carries out the essential part of its
action in favour of the contracting authority and in which the public
sponsor the exclusive property rights; the contracting authority has exclusive
property rights in a person, especially if it has itself any
voting rights resulting from participation in such a person, or, if no such
the person has the right to manage the property of the contracting authority, does not have its own
assets and exclusively, the contracting authority shall exercise control over the economy
such a person ^ 24),
(f)) for the provision of arbitration and conciliation services
(g)) its subject matter is the acquisition or rental of the undertaking, or
(h)), type them governed by specific procedural rules and
awarded to a vendor or vendors to follow up on the international
the contract concerning the stay of the armed forces of other States on the territory of the United
Republic or the posting of the armed forces of the Czech Republic on the territory of the other
States, of which the Czech Republic is bound. ".
Footnote 17, 18 and 19 shall be deleted.
11. In article 18, paragraph 1, the following new paragraphs 2 and 3, including the
footnote # 77:
"(2) with the exception of public contracts in the fields of defence and security
the contracting authority is not obliged to award contracts under this Act
also, if the
and) public procurement that are awarded under the specific
security measures ^ 77),
(b) the subject of the issue), or transfer of securities or other
financial instruments ^ 20) or other operations carried out by the contracting authority for
the purpose of obtaining money or capital or financial
services associated with such operations,
(c)) its subject matter are the services provided by the Czech National Bank in
the exercise of its competence under specific legislation ^ 21),
(d)), the public contracts awarded by a contracting authority, consisting in the
the acquisition, development, production or co-production of programme content
intended for broadcast or distribution, and procurement
airtime
(e)), their main purpose is to enable the contracting authority to provide
or operation of public telecommunications networks or the provision of
public telecommunications services under a special legal
prescription ^ 22),
(f)) for public service contracts awarded by a contracting authority to another
the contracting authority or several Contracting authorities on the basis of an exclusive
right conferred by specific legislation or issued on the basis of
a special legal regulation,
(g)) of their subject-matter services expert or interpreter ^ 25) appointed
the competent authority for the purposes of judicial, administrative, arbitration or
other analogous proceedings, including preliminary proceedings of the criminal,
h) are awarded according to specific procedures or rules of the international
Organization, or
I) are awarded according to specific procedures established by the international
the contract concluded between the Czech Republic and other than the Member State of
The European Union and shall include supplies, services or works intended for the
joint implementation or exploitation of a project by the Contracting Parties; the conclusion of the
such contract shall notify the European Commission of the Czech Republic.
(3) the contracting authority is not obliged to enter under that law, public procurement
in the area of defence or security, if
and) are entered in the framework of the cooperation programmes in research and development, which
jointly carried out by Czech Republic and at least another Member State
The European Union in the development of a new product and, where appropriate, in subsequent
stages of the whole or part of the life cycle of the product; When closing the
These programmes of cooperation agreements between the Czech Republic and only
in other Member States of the European Union shall communicate to the Czech Republic to the European
the Commission's share of the cost of research and development in the overall costs of the
the program, sharing the costs and also the intended any participation on purchases
the individual Member States of the European Union,
(b)) at the time of deployment of the armed forces of the United States or armed
security forces of the Czech Republic (hereinafter referred to as "armed forces of the Czech
the Republic ") outside the European Union operational needs require that the
been awarded to suppliers located in the sphere of these operations,
(c)) are awarded by a contracting authority pursuant to § 2 (2). 2 (a). and Government)
or local authority of another State and its subject matter are
1. the supply of military or sensitive material,
2. construction work or services directly related to the supplies referred to in point 1,
3. construction work or services for exclusively military purposes, or
4. construction work or sensitive-sensitive services
(d)) its subject matter are financial services, except insurance
services,
(e)) are awarded for intelligence purposes intelligence activities
services ^ 29),
(f)) are awarded according to specific procedures established by the international
the contract concluded between the Czech Republic and other than the Member State of
The European Union, or
g) are awarded for the purposes of the international organization under special
procedures or the rules of an international organization
.
77), for example, Act No. 239/2000 Coll., on the integrated rescue system
and amending certain laws, as amended, law No.
240/2000 Coll., on crisis management and on amendments to certain acts (the crisis
Act), as subsequently amended, Act No. 242/2000 Coll., on the
economic measures for crisis States and amending certain
related laws, as amended. ".
Paragraphs 2 and 3 shall become paragraphs 4 and 5.
12. in paragraph 21 of the text at the end of paragraph 2, the words "shall be added; Open
the management shall not apply in the case of public procurement in the area of defence or
safety ".
13. in section 22 to the end of the text of paragraph 5, the words "or public
in the area of defence or security. "
14. in paragraph 2 of article 23. 1 (b). a) and b), the words "control to"
the words ", and in the case of public contracts in the defence sector or
safety also in the previous competitive dialogue ".
15. in paragraph 1 of article 23. 5 (b). (b)) part of a sentence after the semicolon is added: "the total time
the duration of the initial contract, including the duration of the contract for the additional supplies
According to this provision, the contracting authority shall not, in the case
exceed the period of 3 years, unless it is justified by the specific circumstances
and in the case of public contracts in the fields of defence and security for 5
years, in addition to the exceptional circumstances identified with regard to the expected
the service life of supply and technical problems that might be
changing a vendor caused ".
16. in paragraph 2 of article 23. 7 (b). b) point 2 is added:
"2. the original contract was awarded in an open procedure, the restricted
proceedings, or in simplified proceedings, and in the case of lower
also in the sector of the contracting authority negotiated procedure with publication; in
the case of public contracts in the defence or security of the original
awarded in the restricted procedure, negotiated procedure with the publication of,
competitive dialogue or in simplified management, lower ".
17. in paragraph 2 of article 23. 7 (b). (b)) point 5 is added:
"5. the negotiated procedure without prior publication will be launched in 3 years and in the case of
public contracts in the fields of defence and security within 5 years from the date of
conclusion of the contract on the original contract; in the case of public contracts
in the area of defence or security may be initiated without competitive procedures
the publication also later, if this is justified by the circumstances of the worthy
particular interest. ".
18. in article 23, the following paragraph 10 to 12 shall be added:
"(10) the contracting authority may award a public contract in the area of defence or
safety in the negotiated procedure without publication also, if
and) is not possible for reasons of time caused by the crisis,
order in a type of procurement procedure,
(b)) the subject of the public contract are services in the field of research and development, on
not covered by section 18 para. 1 (b). (c)), or
(c) public procurement is) the subject of the provision of services by air
transport to the armed forces of the Czech Republic, which are or are to be
deployed abroad, if it is not possible from suppliers guarantee
long the linking of the offer, to be awarded in a different kind of
the procurement procedure.
(11) the contracting authority may award a public contract in the area of defence or
safety in the negotiated procedure without publication on when in
the previous restricted procedure, a competitive dialogue or a simplified
lower control have been administered only incomplete deals pursuant to § 22 para. 1
the second sentence, or unacceptable according to § 22 para. 1 third sentence,
do not substantially change the specifications by the contracting authority, and shall initiate the procedure
without publication immediately after the cancellation of a previous contract award procedure.
Call for negotiations, the contracting authority is obliged to send only those tenderers who
meet the qualifications and who in the previous tender within the time limit for
submission of tenders submitted tenders that meet the requirements of § 69 para.
5.
(12) in the case of public contracts in the defence or security of the
the contracting authority shall, in the notification of the outcome of the procurement procedure pursuant to § 83
paragraph. 1 duly substantiated specifying this contract by negotiated procedure without
publication. ".
19. in § 43 para. 3, § 67 para. 2 (a). a) and b), section 67 para. 7, § 84
paragraph. 1 (b). (c)), § 84 paragraph. 2 (a). (c)), § 101 paragraph. 4 and § 118 paragraph.
2 (a). (c)), the words "§ 82 para. 3 "shall be replaced by the words" § 82 para. 4. "
20. In article 44 paragraph 1. 3 the letter b) the following new subparagraph (c)), and (d)),
are added:
"(c)) the requirements for measures for the protection of classified information (§ 46b)
If this is justified by the subject of the contract,
(d) security of supply requirements) (section 46 c), where this is justified by the
the subject of the contract ".
Subparagraph (c)) to (g)) are known as the letters e) to (i)).
21. in section 44 shall be inserted after paragraph 6 a new paragraph 7 and 8 are added:
"(7) the contracting authority may, in the case of public contracts in the defence sector or
the security referred to in paragraph 6, by analogy, or require the
the tender documents, that offer includes a commitment to the applicant that the
during the performance of the contract shall notify the contracting authority of any changes in
persons of subcontractors. The contracting authority may also, in the tender documentation
When requesting an excess defense procurement or
in order that the selected candidate
and) for all or some parts of the contract, which he intends to
specify one or more subcontractors, proceeded in accordance with the
the provisions of part four of title II, or
(b)) has entered the public procurement section specified in his tender, at least
the financial volume of the specified by the contracting authority to one or more
subcontractors, and that in the selection of a subcontractor he proceeded in accordance with the
the provisions of part four of title II; the contracting authority lays down the financial value
in the form of a range of values with a minimum and maximum percentage,
While the maximum percentage value must be reasonable having regard to the
contract and shall not exceed 30% of the estimated value of the public
of the contract.
(8) the sponsor in the case of public contracts in the defence sector or
safety requirements shall be in accordance with paragraphs 6 and 7, also in the announcement or
the challenge of the initiation of the procurement procedure. ".
Paragraphs 7 to 9 shall become paragraphs 9 to 11.
22. in paragraph 46a is the word "particle" is a reference to a footnote.
78.
Footnote # 78:
"78) Article. 6 European Parliament and Council directive 2009/33/EC of 23 December 2003.
April 2009 on the promotion of clean and energy-efficient road transport
vehicles. ".
23. the following section shall be added after paragraph 46a 46b and 46 c, including headings and
footnote # 79:
"§ 46b
Security of classified information
If the subject of the public contract in the field of defence and security
contains classified information, or within its service to
the provision of classified information, the contracting authority shall fix by
the species concerned ensure the protection of classified information ^ 16) measures
that are required to protect this information. Provided for measures to
ensure the protection of classified information shall also comply with the
subcontractors, if it is necessary to protect that information.
section 46 c
Security of supply
(1) the contracting authority may, in the tender documentation in the field of public contracts
Defense or security with regard to the nature and subject of the contract
to set their requirements for security of supply. For that purpose, may
in the contract documents, the contracting authority may require the contractor to the menu
submit
and documents or statements) coming from the authorities of the United States or
the competent State, demonstrating that the candidate will be able to in relation to
public contract to fulfil its obligations in the area of imports, exports,
transfer and transit of products which are the subject of public procurement ^ 79),
(b) any limitations) the communication of the contracting authority resulting from the
control of imports, exports, or security measures.
(2) the contracting authority may, in the tender documentation in the field of public contracts
Defense or security with regard to the nature and subject of the contract
require, in particular, the commitment of the applicant that the
and the applicant's organisation and location) of the subcontractors will allow tenderers to comply with the
requirements of the contracting authority in the area of security of supply specified in the
the tender documents and the obligation to ensure that any changes in the
subcontractors that occur during the execution of the contract, not
negative effect on the fulfilment of these requirements,
(b) shall ensure the maintenance, modernisation) or edit the supplies that are
the subject of the contract,
(c)) will be the contracting authority to inform of any changes in your organization
their suppliers or manufacturing strategy, which may affect the obligations of the
applicants to the contracting authority,
(d)), in case you will not be able to make the delivery in question shall provide the
sponsor all specific means which are necessary for the production of
spare parts, components, components or special test
equipment, including technical drawings, licences and instructions for use.
79) for example, Act No. 38/1994 Col., on foreign trade with military
the material and the addition of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by later regulations, and act
No. 140/1961 Coll., the criminal code, as amended, law No.
310/2006 Coll., on dealing with some things usable to defense and
safety purposes on the territory of the Czech Republic and amending certain
other laws (the law on the management of safety material), as amended by
amended. ".
24. In article 52, paragraph 3, the following paragraph 4 is added:
"(4) in the case of the professional qualification, provided pursuant to section 54 (b).
(e)) the contracting authority may provide in the notice or the invitation to initiate
the tender deadline for its proof by way of derogation from paragraphs 1 and 2
for vendors who do not have yet the referenced document; to
demonstrate this qualification, provided, however, must occur no later than
the conclusion of the contract. ".
The current paragraph 4 shall become paragraph 5.
25. In § 53 para. 1 (b). a), the words "receiving a bribe, bribery"
replaced by the words "acceptance of a bribe, bribe".
26. in section 53, paragraph 1, the following paragraph 2 is added:
"(2) the basic qualification requirements when awarding public contracts in
defence or security vendor that meets the
and met the qualification requirements) referred to in paragraph 1 and
(b)) has not been convicted of an offence of a terrorist attack,
the offence of theft committed by a plan to allow or facilitate the perpetration
the crime of a terrorist attack, the crime of extortion committed in
plan to allow or facilitate the Commission of an offence of a terrorist
the attack, the crime of counterfeiting and alteration of a public deed committed in
plan to allow or facilitate the Commission of an offence of a terrorist
the attack, including when it comes to preparing or attempt or participation
on such a criminal act, or the deletion of the conviction for committing a
such a crime; in the case of a legal person, the
a prerequisite to meet the statutory body or any member of the
authority, and is a statutory body of the contractor or member of a statutory
authority of vendor's legal person, must comply with this assumption
the statutory body or each Member of the Board of the legal
of the person; If an offer or request for participation of foreign legal entity
through its branches, the presumption under this
(a) meet next to these persons also head of this organization
folder; This core competency, the contractor shall comply with the
both in relation to the territory of the Czech Republic, to the country of their residence, place of
business or residence address. ".
The former paragraph 2 becomes paragraph 3.
27. in § 53 para. 3 of the introductory part of the provisions, the words "paragraph 1"
replaced by the words "paragraphs 1 and 2".
28. in § 53 para. 3 (b). a), the words ' paragraph 1 (b). a) and b) "
the words "and paragraph 2 (a). (b)) ".
29. in paragraph 54, at the end of subparagraph (c)), the word "and" shall be deleted.
30. In paragraph 54, at the end of subparagraph (d)), the dot is replaced by "and" and the following
the letter e), which reads as follows:
"e) document proving the ability of the supplier to secure protection
classified information according to the type of protection
classified information ^ 16) in the performance of public contracts in the defence sector
or safety, conforming to the requirements of the measures established by the
the contracting authority in procurement conditions. ".
31. in § 56 para. 1 (b). and), after the words "in the last 3 years"
the words "and in the case of the defence or security of the
the last 5 years ".
32. In § 62 para. 2 the words "§ 53 para. 2 "shall be replaced by the words" § 53 para.
3. "
33. In article 67 paragraph 2. 7, the words "§ 82 para. 2 and 3 ' shall be replaced by ' paragraph 82
paragraph. 3 and 4 ".
34. In article 81 paragraph 1. 4 at the end of the text of the letter e), the words ",
or notice that progresses according to § 82 para. 3. "
35. In article 81 paragraph 1. 5, the words "(a). a) and b) "are replaced by the words" (a). and)
(b)), and (e)) ".
36. In paragraph 82, after paragraph 2, insert a new paragraph 3 is added:
"(3) in the case of public contracts awarded
and a dynamic purchasing system),
(b)) on the basis of the framework contract by the contracting authority, or
(c)) on the basis of the framework contract in the area of defence or security,
the contracting authority may enter into a contract with the selected tenderer before the expiry of
the time limit referred to in paragraph 1. In this case, § 110 paragraph 2. 6 does not apply. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
37. In section 82 para. 6 is the number "3" by "4".
38. In § 85 para. 2, letter a) the following new subparagraph (b)), which read as follows:
"b) type of award procedure chosen,".
Subparagraph (b)) to (f)) shall become point (c)) to (g)).
39. In § 85 para. 2 at the end of subparagraph (f)), the word "and" shall be deleted.
40. In § 85 para. 2 at the end of subparagraph (g)) the dot is replaced by "a" and
the following point (h)), which read as follows:
"h) in the case of public contracts in the fields of defence and security
justification
1. exceeding the total duration in accordance with § 23 para. 5 (b). (b)), if the
This time is exceeded,
2. failure to comply with time limits pursuant to § 23 para. 7 (b). (b) point 5), if the
failure to comply with it,
3. the conclusion of the framework contract for more than 7 years, if such
the contract closed. ".
41. In article 85, the following paragraph 3 is added:
"(3) the contracting authority shall send a written report upon request of the European Commission or
Office. ".
42. In article 89, paragraph 5 is added:
"(5) the contracting authority is obliged to in the notice or shall award the
the proceedings include the duration of the framework contract. Duration of the framework contract
must not be longer than
and) 4 years, when the framework contract is concluded by the contracting authority, with
except in cases where it is justified by objective longer duration
causes relating in particular to the subject of the framework contract, or
b) 7 years, if it is a framework agreement on public procurement in the
the field of defence and security, with the exception of cases, when taking into account
the expected operating life of the supplied goods and technical difficulties that
could be caused by the change of the supplier; the contracting authority is obliged to these
objective reasons duly substantiated and indicate in the notice of the result of
the procurement procedure pursuant to § 83 para. 1. ".
43. In paragraph 93, at the end of the text of paragraph 4, the words "and for the award of
public procurement in the area of defence or security. "
44. In § 96 para. 1 at the end of the text of the second sentence, the words ",
If it is not a contract in the field of defence or security. "
45. In § 99 paragraph 2. 1 at the end of the text of the first sentence, the words ", and in the
the case of public contracts in the defence or safety, even in a competitive
dialogue ".
46. the title of part four: "SPECIAL PROCEDURES".
47. in the title of part four of the following designation of the new title I, which
including the title reads as follows:
' TITLE I
COMPETITION FOR THE DESIGN ".
48. In section 102 paragraph. 2 (a). and) the words "§ 18 para. 1 (b). a) to (c)) and §
18 paragraph 1. 1 (b). about) to q) "shall be replaced by the words" § 18 para. 1 (b). and), (b)), and
(h)) and § 18 para. 2 (a). a), h) and (i)) ".
49. In section 102 paragraph. 2 (a). (b)), the words "§ 18 para. 1 (b). I) "are replaced by
the words "§ 18 para. 2 (a). (h)) ".
50. in section 102 paragraph. 2 at the end of paragraph (d) is replaced by a comma and dot)
the following point (e)), which read as follows:
"e) in the area of defence or security.".
51. In part four, section 109 of title II shall be that including
Title:
"TITLE II
THE SELECTION OF SUBCONTRACTORS IN THE CASE OF PUBLIC CONTRACTS IN THE DEFENCE SECTOR OR
SAFETY
section 109a
How to select a subcontractor
(1) the selected candidate, unless the contracting authority referred to in paragraph 2, the procedure referred to in
This title in the selection of subcontractors in the case of public procurement in the
field of defence or security, if so provided by the contracting authority in the
procurement conditions.
(2) the subcontractor for the purposes of paragraph 1, does not consider the person against
that candidate is selected, the controlling or controlled entity referred to in
special legal regulation ^ 13) or a person who, together with the
the selected candidate controlled by another person under a special
law ^ 13); in such a case, the Tenderer shall state the full list
These people in your menu and updates it without undue delay after the
any change in the relations between such persons.
(3) the selected candidate is obliged to observe the principles in the selection of subcontractors
referred to in § 6.
section 109b
Notice of subcontract
(1) in the event that the estimated value of public contracts, which
is the subcontractor, is at least the financial limit established
the implementing regulation for public contracts in the defence sector or
Security shall publish the selected candidate notice of subcontract. The provisions of the
§ 13 to 16 for determining the estimated value of the public contract section
shall apply mutatis mutandis.
(2) if the contracting authority in the contract specifications
the requirements on the qualifications of the subcontractor pursuant to § 50 para. 1 (b). a) to
(d)), the applicant is selected in the notice of a subcontract. The selected candidate
is entitled to indicate in the notice of subcontract any additional requirements,
that will enable the objective assessment of the qualifications of the subcontractor. These
qualifications and other requirements shall be objective,
non-discriminatory, in accordance with the qualifications required by the contracting authority when the
the award of public contracts and must immediately and reasonably related to
the subject of performance provided by the subcontractor.
(3) If a part of the contract, which is to perform the subcontractor,
otherwise, the conditions for the use of the negotiated procedure without publication,
the selected candidate is not obliged to publish the notice of subcontract.
(4) the selected candidate is not required to select a subcontractor procedure laid down in
of this title, if the contracting authority establishes that none of the subcontractors
participating in the proceedings or their menu does not meet the requirements referred to in
notice of subcontract and therefore this procedure made it impossible for him to fulfill the
public contract. ".
52. In article 114, paragraph 2 reads as follows:
"(2) after the conclusion of the contract, you can submit a proposal only
and against the conclusion of the contract), without prior publication of the contract award procedure
(b)) violation of the prohibition against the conclusion of the contract provided for by this Act
or a provisional measure in accordance with § 117 paragraph 1. 1, or
(c) in the case of the procedure of the contracting authority) pursuant to § 82 para. 3. the applicant may
only the imposition of a ban claim performance of the contract. ".
53. In paragraph 115 paragraph. 2, the words "paragraph. 4 "shall be replaced by" paragraph. 5. "
54. In paragraph 118, paragraph 3, the following paragraph 4 is added:
"(4) the authority shall not impose a ban on the performance of the contract, if the consequences of prohibition
seriously threatened the existence of the wider defence or
the security program, which is crucial in terms of
security interests of the United States. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
55. In paragraph 125 of paragraph 1. 2 the words "(a). a) to (j)) "shall be replaced by" or 2,
with the exception of the prerequisites pursuant to § 53 para. 1 (b). k) and (l)) ".
56. In paragraph 125, at the end of the text of paragraph 2, the words "(a). a) to
(d)) ".
57. In paragraph 127 paragraph. 1 (b). and the words "(a)). a) to (j)) "shall be replaced by
"or 2, with the exception of the prerequisites pursuant to § 53 para. 1 (b). k) and (l)), ".
58. In paragraph 127 paragraph. 1 (b). (b)), after the words "§ 54", the words "(a).
a) to (d)) ".
59. In paragraph 2 of section 129. 1, after the words "§ 53 para. 1 (b). a) and b) ' shall be
the words "and § 53 para. 2 (a). (b)) ".
60. In § 138 para. 1, after the words "core competencies"
the words "pursuant to § 53 para. 1 or 2 ", the words" § 53 para. 2 "
replaced by the words "§ 53 para. 3 "and the words" § 54 "are the words
"(b). a) to (d)) ".
61. In paragraph 143 of paragraph 1. 3 at the end of the text of subparagraph (a)) the following words "or
2. "
62. In paragraph 143 of paragraph 1. 3 at the end of the text of subparagraph (b)) (a), the words ".
a) to (d)) ".
63. In § 146 paragraph. 1 introductory part of the provisions, the words "notification
design competition, "the words" notice of subcontract ".
64. In paragraph 147 paragraph. 6 the first sentence, after the words "information system"
the words "or on the profile of the contracting authority".
65. in paragraph 157, the following new section 157a, which including the title reads as follows:
"section 157a
Sensitive activities
(1) for the sensitive activity according to the law on the protection of classified information and
about security when you enter public procurement public
by the contracting authority pursuant to § 2 (2). 2 (a). a) and b), where the estimated
value exceeds 300 000 000 Czk without value added tax, for the purpose of
This Act shall be deemed to
and approval of terms of reference),
(b) the award of the contract)
(c)) a member of the Evaluation Committee, or
d) assessment and evaluation of tenders by persons designated by the contracting authority, if
This work is carried out by the contracting authority itself according to § 79 paragraph 2. 5.
(2) a natural person carrying out sensitive activities referred to in paragraph 1 shall
comply with the conditions laid down in the Act on protection of classified information and on the
Security competence. ".
66. In § 159 paragraph. 2 the words "§ 18 para. 1 (b). (c)) and § 18 para. 2
(a). I) "shall be replaced by" section 17 (a). q) and § 18 para. 4 (b). I) ".
67. the annexes 1 and 2 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 ^ 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.
List of services in the field of defence or the security subject to
publication in the official journal of the European Union
----------------------------------------------------------------------------------------------------------------------
The category of the subject of the CPV reference numbers
----------------------------------------------------------------------------------------------------------------------
1 Maintenance and repair services of 50000000-5, from 50100000-6 to 50884000-5
(except for 50310000-1 až50324200-4 and 50116510-9,
50190000-3, 50229000-6, 50243000-0)
and from the 51 million-9 to 51900000-1
2 services related to foreign military 75211300-1
by using the
3 services in the area of defence, military defence 75220000-4, 75221000-1, 75222000-8
and civil defense
4 Investigation and security services From 79700000-1 to 79720000-7
5 ground 60000000-8, from 60100000-9 to 60183000-4
(in addition to 60160000-7, 60161000-4), and from 64120000-3
to 64121200-2
6 air transport of passengers and cargo 60400000-2, 60410000-5 to 60424120-3
with the exception of mail (in addition to 60411000-2, 60421000-5), from 60440000-4
to 60445000-9 and 60500000-3
7 land transport and air transport of mail 60160000-7, 60161000-4, 60411000-2, 60421000-5
mail
8 rail transport services From 60200000-0-60220000-6
9 water transport Service From the 60653000 60600000-4-0 and 63727000-1
to 63727200-3
10 Supporting and ancillary transport services From 63100000-0 63111000-0, from 63120000-6
to 63121100-4, 63122000-0, 63512000-1 and from the
63520000-0-6370000-6
11 telecommunications services From 64200000-8 to 64228200-2, 72318000-7 and
by 72700000-7-72720000-3
12 financial services: insurance services From 66500000-5 to 66720000-3
13 Computer and related services From 50310000 to 50324200-1-4, from 72000000-5
to 72920000-5 (kromě72318000-7 and 72700000-7
to 72720000-3), 79342410-4, 9342410-4
14 research and Development Services ^ 1) and tests reviews from 73000000-2 to 73436000-7
15 accounting and auditing From 79210000-9 to 79212500-8
16 Advice ^ 2) and associated services from 73200000-4 to 73220000-0, from the 79400000-8
to 79421200-3 and 79342000-3, 79342100-4, 79342300-6,
79342320-2, 79342321-9, 79910000-6, 79991000-7,
98362000-8
17 architectural, engineering services from 71000000-8 to 71900000-7 (except 71550000-8)
and integrated engineering services, urban and 79994000-8
planning, related scientific and technological
consulting, testing and implementation services
the analyses of the
18 cleaning services and House Administration From 70300000-4 to 70340000-6, and from 90900000-6 to the
90924000-0
19 services related to sewerage and disposal From 90400000-1 to 90743200-9 (except 90712200-3)
waste disposal, sanitation and similar services from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6,
50243000-0
20 training and simulation in the field of defence and 80330000-6, 80600000-0, 80610000-3, 80620000-6,
the safety of 80630000-9, 80640000-2, 80650000-5, 80660000-8
----------------------------------------------------------------------------------------------------------------------
1) with the exception of contracts for research and development services other than those of which the results go exclusively
the contracting authority or contracting entity, in the exercise of its sektorovému of its own affairs, on condition that the assistance provided
the service is fully paid by the contracting authority or contracting entity, is a sector.
2) except arbitration and conciliation proceedings.
Annex 2 to the Act No. 137/2006 Coll.
----------------------------------- -------------------------------------------------------------------
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.
List of services in the field of defence and security, not subject to the publication of the
in the official journal of the European Union
----------------------------------------------------------------------------------------------------------------------
The category of the subject of the CPV reference numbers
----------------------------------------------------------------------------------------------------------------------
21 hotel and restaurant services From 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6
22 and Accompanying side transport services From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0,
63712710-3 and 63727000-1 to 63727200-3) and 98361000-1
23 legal services From 79100000-5 to 79140000-7
24 Services personnel agencies and the provision Of 79600000-0-79635000-4 (except for 79611000-0, 79632000-3,
service ^ 1) 79633000-0) and from 98500000-8 to 98514000-9
25 health and social services for 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5
and 85322000-2)
26 other services
----------------------------------------------------------------------------------------------------------------------
1) except employment contracts. ".
Article. (II)
Transitional provisions
1. Public procurement, design contests and the procedure for the review of
the acts of the contracting authority by the Office for the protection of competition launched prior to the
the effective date of this Act shall be completed according to the existing
legislation.
2. In the procedures for review of acts of the contracting authority, which started after the
the effective date of this Act and on the award of public
the contracts or the competition for the proposal referred to in point 1, shall follow the procedure referred to in
the existing legislation.
3. a natural person who, after the entry into force of this Act shall exercise
a sensitive activity referred to in section 157a of paragraph 1. 1 and does not qualify for
performance sensitive activities, shall within 6 months from the date of entry into force of
of this Act, submit to the contracting authority a valid proof of safety
natural persons, or a valid certificate of a natural person. By the time of
the fulfilment of the obligations under the first sentence, for the purposes of this Act, this
a natural person considered to be the natural person complying with the prerequisites for
performance sensitive activities, provided that they have already requested the issue of the document
about the safety of natural persons.
Article. (III)
The effectiveness of the
This Act shall take effect on the 13th day after the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
