134/2016 Sb.
LAW
of 19 December 2003. April 2016
the public procurement directives
Parliament has passed the following Act of the United States:
PART THE FIRST
GENERAL PROVISIONS
TITLE I OF THE
BASIC PROVISIONS
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
and) the rules for public procurement, including the special procedures
prior to being entered
(b) the obligations of the vendor) public procurement and
special procedures prior to their assignment,
(c) the disclosure of information on) public procurement,
(d) special conditions for invoice) performance of public contracts,
e) special reasons for the termination of contracts,
(f)), the information system on public procurement,
(g)) a system of qualified suppliers,
(h)) a system of certified vendors,
I) supervision over compliance with this Act.
§ 2
Award of the contract
(1) by specifying a public contract for the purposes of this Act, the conclusion of the
contracts for pecuniary interest between the contracting authority and the supplier, resulting in an obligation to
vendor to provide the supplies, services or works. For entering
public procurement is not the conclusion of the Treaty establishing
employment or other similar relationship or contract governing the
the cooperation of the contracting authority in awarding public contracts pursuant to § 7 to 12, §
155, 156, 189 and 190.
(2) a public contract is a contract for the supply, according to § 14 para. 1,
public service contract pursuant to § 14 para. 2, a public works contract
construction work pursuant to § 14 para. 3, service concessions under § 174 para.
3 or work concessions under § 174 para. 2.
(3) the contracting authority is obliged to award a public contract award procedure,
If it is not stipulated otherwise. This obligation shall be deemed to be
If it is awarded on the basis of the framework agreement procedure
in accordance with part six, title II, in the dynamic purchasing system referred to in section
the sixth title III or obtained from the Central contracting entity or its
via pursuant to section 9.
§ 3
Types of procurement procedures
The contract award procedure for the purposes of this Act, the
and the simplified procedure, the-limit)
(b)) open procedure,
c) restricted procedures,
(d) the negotiated procedure with publication),
e) negotiated procedure without publication,
(f) the competitive dialogue procedure),
(g)) procedure for innovation partnerships,
h) concession procedure, or
I) tender for the award of public contracts in a simplified mode.
§ 4
The contracting authority
(1) the contracting authority is
and the Czech Republic); in the case of the Czech Republic business folder
State ^ 2) considered to be separate of the contracting authority,
(b)), Czech National Bank
(c) State-funded organisation)
(d)) any local government unit or its allowance organization,
e) other legal person, if
1. was founded or established for the purpose of meeting needs in the General
interest, not having an industrial or commercial character, and
2. other contracting authority it mainly finances, may apply
decisive influence or appoints or elects more than half of the members in her
statutory or control body.
(2) the contracting authority is the person who, for payment of the excess or below-limit
public procurement uses more than 200 000 000 Eur, or more than 50%
of funds provided from the
and the budget of the contracting authority),
(b) the budget of the European Union) or the public budget of the foreign State with
except in cases where a contract is fulfilled outside the European
Union.
(3) when entering a sector of public contracts pursuant to section 151, including
sectoral concessions under § 176 para. 3, the contracting authority is also the person
referred to in § 151 paragraph 1. 2.
(4) if the contracting authority referred to in paragraphs 1 to 3 shall initiate an award procedure, and
When it was not required to, shall, in relation to contracts awarded to public
order to comply with this law.
(5) the contracting authority is also considered to be a different person, which launched a tender
the procedure, though it was not required to, in relation to this
the procurement procedure and to its end.
§ 5
Supplier
Supplier means a person who offers to provide the supplies, services
or works, or more of these people together. The supplier is
the branch plant; in this case, for the registered office of the supplier
considers the branch plant.
§ 6
Public procurement policy
(1) the contracting authority when the procedure under this Act must comply with the principles
transparency and proportionality.
(2) in relation to suppliers, the contracting authority must respect the principle of equal
treatment and non-discrimination.
(3) the contracting authority may not restrict participation in a tender procedure to those vendors,
who are based in
a) Member State of the European Union, European economic area, or
The Swiss Confederation (hereinafter referred to as "Member State"), or
(b)), another State that has with the Czech Republic or to the European Union
an international agreement guaranteeing access to suppliers of these
States to the awarded contract.
TITLE II
THE COOPERATION OF THE CONTRACTING AUTHORITY IN AWARDING PUBLIC CONTRACTS
§ 7
Joint procurement
(1) contracting entities may award the contract to supply a jointly. The contracting authority may
also specify the contract together with a person who does not have the obligation to
follow this law.
(2) before the commencement of the tender closed person, that will be
participate in joint procurement, a written contract that adjusts their
mutual rights and obligations relating to the contract award procedure and provides for
mode of action against third parties.
(3) in accordance with this Act correspond in a joint award
the contracting authorities concerned together with the exception of operations carried out by the
the contracting entity concerned only on its own behalf and on their own account.
§ 8
Joint Award with the participation of the contracting authorities of different Member States
(1) If a public contract more Contracting entities together, and at least one
of these people is by the contracting authority under the law of another Member State, it is
the applicable law for the award of public contracts and its review of the law
The United States or the law of that Member State. The applicable law is
Specifies the
and international treaty, or)
(b)) the agreement of the persons concerned the common input, does not flow to
According to subparagraph (a)).
(2) If a public contract who founded or established
the sponsor entity established in another Member State,
These contracting authorities shall agree that the applicable law for the award of public
the contract and its review is the law of the Member State in which the following
founded or established by a person
and) is established and
(b)) carries out its activities.
§ 9
Central sponsor
(1) the contracting authority is a central purchasing body pursuant to section 4, paragraph 4. 1 or 3, or
the contracting authority under the law of another Member State, that carries out
centralized input consisting in the fact that performs a procurement procedure
or special procedures provided for in part six, in which
and supplies or services), which in turn passes on one or
more sponsors at a price not higher than that for which they were taken,
or
(b) the contracting authority or contracting entities) other supplies, services or take
construction work.
(2) for the observance of this law corresponds to the centralized input
central purchasing body. However, the contracting authority is responsible for compliance with this Act,
If separately Awards public contracts
and) under the dynamic purchasing system operated by the Central
by the contracting authority, or
(b)) on the basis of the framework agreement concluded in the framework of a centralised
the award.
(3) the Heading of contracting authorities, for which the award is made, is a centralized
must be defined in the contract documents, and enumerating them or by any other
in a way that will allow participants in the procedure for the award of their
identification; It does not apply to procurement procedures, establishing
dynamic purchasing system.
(4) the contracting authority and the contracting authority, Central to which has to be centralized
the award made, shall be required, no later than the time of the award of the
the contract to conclude a written contract, in which modifies your mutual rights and
obligations in connection with the centralised award; This is without prejudice to §
paragraph 132. 2. this Treaty may also include other services provided by
central purchasing body linked to the award of public contracts.
(5) if the Central contracting authority centralized input exclusively
sectoral procurement, it shall proceed according to the provisions of this
the law governing the public sector contracts.
(6) the Central contracting authority may take in the framework of centralised
entering the supplies, services or works for himself.
(7) if the contracting authority the contracting authority by the central law of another Member
the State is the law applicable to the award of public contracts awarded
central purchasing body and its review of the law of the Member State in which the
has its registered office.
§ 10
The ban on cooperation or choice of law
(1) the procedure under section 8 or 9 is not possible in the case of concessions under § 174. In
the case of public procurement in the area of defence or security under section 187
Unable to proceed in accordance with § 8. The choice of another Member State pursuant to §
8 or central input under section 9 is not perhaps also if should
thus entered a contract be entered the procedure for sectoral
the contract, although the sectoral public contract in accordance with section
the seventh is not.
(2) through cooperation of the contracting authority in the contract
the sponsor must not shy away from compliance with other legislation.
§ 11
Vertical cooperation
(1) for the award of the contract is not a contract, you
Contracting Authority concludes with another legal entity as a supplier,
If
a) alone or jointly with other public contracting entity controlled by that person
as its internal business units,
(b)) in the controlled entity does not have an ownership interest by a person other than the
the controlling contracting authority or controlling contracting authorities and
(c)) more than 80% of the total activity as follows of the controlled entity is performed when
carrying out the tasks entrusted to it the controlling contracting authority
or the controlling contracting authorities or other legal persons,
that the controlling contracting authority or contracting authorities shall also
control as its internal business units.
(2) the contracting authority controls the legal entity as its internal
organizational unit if it has a decisive influence on the strategic objectives and
important decisions in this way the controlled legal person. Such control
You may experience even by other legal entities, which is itself the same
the contracting authority operated as its own internal organisation
unit.
(3) contracting authorities jointly controlled entity referred to in
paragraph 1 (b). and), if
and to the decision-making authorities of permission) the following controlled legal person are
composed or established on the basis of concerted practices all together
the controlling of the contracting authorities,
(b)) the controlling contracting authorities have a decisive influence on
strategic objectives and significant decisions in this way the controlled legal person and
(c)) the following controlled legal person does not pursue any interests which are in
contrary to the interests of the controlling contracting authorities.
(4) for the award of public contracts are not considered cases in which legal
a person controlled pursuant to paragraph 1. and) enters into a contract with the supplier,
in which it has a direct ownership interest, no private person, and that is
and) the contracting authority that it controls, or
(b)) other legal entity controlled by the contracting authority in accordance with point (a)
and).
(5) For the purposes of paragraph 4 is a private person, means a person other than the
State, public corporation or other legal person established by law
or legal person in which the participation of the only State public
a corporation or other legal entity established by the law.
(6) paragraphs 1 to 5 shall apply mutatis mutandis to the contracting authority in accordance with § 4 para.
2.
§ 12
Horizontal cooperation
For the award of the contract the contract shall be considered as exclusively between
Contracting authorities, if
and) this agreement constitutes or carries out cooperation between public
the contracting authority for the purpose of achieving their common objectives aimed at
provision of public needs that these contracting authorities
ensure
(b)) to cooperation under subparagraph (a)) only controls the considerations related to
the public interest and
(c)), each of these contracting authorities shall perform on the market less than 20%
its activities, which the cooperation referred to in point (a)) refers to.
section 13 of the
The proportion of activity
(1) for determining the share of activities in accordance with § 11 para. 1 (b). (c)) or section 12 of the
(a). (c)), taking into account the average turnover if it is an activity that is
subject of the contract, paid by the beneficiaries in full. If it is not possible to
specify this turnover shall be used as the basis for calculation in the case of
vertical cooperation, the total cost of the legal entity and, in the case
horizontal cooperation costs incurred in connection with the activity,
which this cooperation refers to.
(2) the share of activities is calculated in summary for 3 financial years
the previous accounting period, on which the conclusion of the contract.
To, or if the legal person has launched the operation at a later time
or there was a reorganisation of its activities, it is sufficient that the achievement of
the conditions referred to in paragraph 1 is credible, particularly on the basis of the plans
activity.
TITLE III
THE TYPES AND MODES OF PUBLIC PROCUREMENT
Part 1
Types of public procurement
§ 14
(1) a public contract for the supply of the public contract, the subject of
is the acquisition of goods, animals or controllable forces of nature, if
are not part of the public works contracts referred to in paragraph 3.
The acquisition means in particular the purchase, lease or leasing.
(2) a public service contract is a contract, the object of which is the
the provision of other activities than those referred to in paragraph 3.
(3) a public contract works contract which is
the subject is
and) the provision of activities referred to in section 45 of the main dictionary, single
classification system for public procurement by directly
of the applicable legislation of the European Union ^ 3) (hereinafter referred to as "the main dictionary
a single classification system "),
(b)) the making of a work, or
(c)) the provision of the related project activities, if they are awarded
together with the construction works in accordance with subparagraph (a)), or (b)).
(4) the building is for the purposes of this Act, the result of the construction or
installation work that creates a unified whole, which is itself
sufficient to fulfil an economic or technical function. Regardless of the
the legal form of cooperation between the contracting authority and the supplier are public
the contract for the construction work is considered also the making of work corresponding to the
the requirements laid down by the contracting authority, with corresponding requirements
laid down by the contracting authority is considered to be the building in which the contracting authority is
a decisive influence on the type or design of the building.
§ 15
The main object of the public contract
(1) public contracts, which involve several types of public
contracts shall be awarded in accordance with the rules applicable to the type of public
the contract corresponding to the main subject matter of this contract.
(2) if the procurement supplies and services and is not a
a public contract for the construction work, the main subject under part
subject of the contract with a higher estimated value.
(3) in other cases, the main subject-matter shall be determined according to the basic purpose
public procurement contracts.
Part 2
Estimated value
section 16 of the
The estimated value of public contracts
(1) before the commencement of the procurement procedure or before entering a public contract
on the basis of the exception under section 30, the contracting authority shall lay down the estimated value of the
public procurement contracts. The estimated value of a contract, the contracting authority
the estimated amount of the remuneration for the performance of the contract, expressed in
the money. The estimated value of a contract shall not include tax
the added value.
(2) the estimated contract value shall be the value of all
transactions which may result from the contract, if it is not
unless provided otherwise below.
(3) The estimated value of a contract shall include the estimated
the value of changes in liabilities from contracts for which the option has been reserved in the
the tender documents in accordance with § 100. If the contracting authority's reserves of performance
in accordance with § 100 para. 3 shall indicate, in the tender dossier estimated
the value of the reserved filling.
(4) The estimated value of a contract shall be estimated as well
prices, fees, or other payments, which the contracting authority shall provide
suppliers in connection with their participation in the tender.
(5) the estimated value of a public contract shall be determined at the time of
the initiation of the procurement procedure, or at the time of award of the contract,
If not specified in the tender.
(6) the estimated value of a public contract shall be based on data and
information on the procurement of the same or a similar object, performance; If he does not
sponsor available such data or information is based on information
acquired market research, preliminary market consultations or other
in an appropriate manner.
§ 17
Operating units
(1) the contracting authority shall fix the estimated value of public procurement for all
its operating units.
(2) If, however, on the operating unit with operational autonomy while
public procurement or certain categories thereof, may
the estimated value of public contracts to establish at the level of this unit.
section 18
The estimated value of public contracts, broken down into parts
(1) if the contract is divided into lots, the estimated
the value of the sum of all these parts predicted without
regardless of whether a contract is entered
a) in one or more procurement procedures, or
(b)) by the contracting authority itself or in cooperation with another contracting authority or
the other person.
(2) the sum of the values of the parts of the contract envisaged in paragraph
1 must include the estimated value of all transactions which form one
functional unit and they are entered in the context. Except in cases of
referred to in paragraph 3 shall be any part of a public contract entered
procedures appropriate to the total estimated value of the contract.
(3) Each part of the public procurement procedures may be entered
corresponding to the estimated value of this section if the total
the estimated value of all such parts of the public contract awarded
does not exceed 20% of the aggregate estimated value and the estimated
the value of each part of the contract is less than the amount provided for in
Regulation of the Government.
§ 19
The estimated value of public contracts, regular in nature
(1) the estimated value of public contracts, the subject of which are
regularly being bought or lasting supplies or services shall be
as
and the actual price paid by the contracting authority) for supplies or services of the same
the species during the preceding 12 months or the previous accounting period
that's longer than 12 months, adjusted for changes in the quantity or prices,
which can be expected within the next 12 months, or
(b) the sum of the values of each of the anticipated) supply and services
to be specified by the contracting authority during the following 12 months, or
accounting period that is longer than 12 months, provided that it does not have
information referred to in subparagraph (a)).
(2) if it is to be concluded for a period longer than 12 months,
the estimated value of public contracts provided for in paragraph 1 in accordance with
section 20 or 21.
(3) the public contracts referred to in paragraph 1 shall not contract with a
in such a subject, whose unit price is during the accounting period
variable and the contracting authority takes such supplies or services repeatedly
According to your current needs.
section 20
Special rules for the estimated value of public works contracts
supplies
For the determination of the estimated value of a contract for the supply of the
decisive for the contract for a period of
and an estimated amount of remuneration) for the entire duration of the contract,
(b)) for an indefinite period or whose duration cannot be precisely defined in the estimated amount of the
payment for 48 months.
section 21
Special rules for the estimated value of public works contracts
services
(1) for determining the estimated value of public contracts for services
that does not provide for the total contract price, estimated above is decisive
remuneration
and) for the entire duration of the contract, if the duration of the contract is equal to 48
months or less,
(b)) for 48 months for the Treaty for an indefinite period, or the contract with the times
duration longer than 48 months.
(2) the projected values of a contracting authority must also include
a) for insurance services, Commission and other related payments,
(b)) in the banking and financial services, fees, commissions, interest and other
the related payments,
(c)) in the project activities fees, commissions and other related rewards.
section 22
Special rules for the estimated value of public works contracts
construction work
If the contracting authority provides the supplier supplies, services or works,
that are necessary to provide the contracting authority required
the work will include their value to the estimated value of a contract.
Article 23 of the
Estimated value in specific cases
(1) for determining the estimated value of the framework agreement or the dynamic
purchasing system is a decisive summary estimated value of all
public contracts, which may be based on a framework agreement or in
dynamic purchasing system specified.
(2) in the case of the contracting authority shall fix the total innovation partnerships
the estimated value of research and development activities, which
occur in all stages of the innovation partnership, and the total
the estimated value of the supplies, services or works that
may be within of innovative partnerships developed and procured;
the estimated value of public contracts is the sum of the implied
the values in the first sentence.
Part 3
Contract mode
section 24
Mode of a public contract shall be determined according to its estimated value, if
It's not about the simplified scheme referred to in section 129. The contracting authority is obliged to comply with the
the mode specified in the contract notice, even in the case that would
He was entitled to use a different mode.
§ 25
Excess public contract
Excess public works contract is a contract whose estimated
the value is equal to or exceeds the threshold laid down in regulation
the Government of zapracovávajícím the relevant European Union regulations ^ 4). Excess
the contract specifies the contracting authority in the upper part of the mode
Fourth, if it is not entered as part of the fifth through seventh, or
the contracting authority has not taken exception to the obligation to supply it in the tender.
section 26
Below-limit public contract
(1) the below-limit public contract is a contract, the
the estimated value is less than the limit under section 25, and exceeds the value of the
provided for in section 27.
(2) the contracting authority concludes the contract below-limit in the lower mode
According to the third section, if you do not specify it in easy mode, or
not apply derogation from the obligation to specify it in the tender.
section 27 of the
The contract is small
Small-scale public works contract is a contract, the
the estimated value is equal to or lower in the case of public contracts
and) on the supply or service the amount of Czk 2 000 000, or
(b)) works amount 6 000 000 CZK.
section 28
The definition of some of the other concepts
(1) for the purposes of this Act, means the
all specification) laid down by the contracting authority
1. the conditions during the procedure,
2. conditions for participation in a procurement procedure,
3. the rules for the reduction of the number of participants of the procurement procedure or reduction
the number of interim solution, a tenders or
4. the rules for the evaluation of tenders,
5. additional terms for the conclusion of the contract according to § 104,
(b)) the procurement documents all written documents containing the tender
conditions, communicated or made available to the participants in an award procedure
at the start of the procurement procedure, including the forms referred to in section 212 and challenges
referred to in annex 6 to this Act,
(c)) the qualifications of the competence and capability of the supplier to meet the public
order, the
(d)), requests for participation details or documents proving qualifications
the vendor, in writing to the contracting authority by the supplier has filed on the basis of
the tender documents,
(e)) preliminary offer of information or documents that the vendor has submitted an
in writing to the contracting authority, on the basis of the specifications,
(f)) offer information or documents that the vendor has submitted in writing
the contracting authorities on the basis of the specifications,
g) identifying information, business name or the name, registered office, legal
form, in the case of a legal person, and the name or trade name or
first and last names, in the case of a natural person,
h) selected supplier of the participant of the tender, the contracting authority
chose to conclusion of the contract,
even) an electronic tool software, or its components,
that are associated with networks or electronic communications services and
let you through this network or service income
1. menu bar,
2. the indicative tenders
3. Requests for participation
4. Requests for inclusion in the system of qualification according to § 166 paragraph. 5,
5. requests to participate or proposals in the competition for the design, or
6. auction values in an electronic auction,
in electronic form, including their processing including digital
compression and storage of data, and the acquisition of the records of the performed operations that
are an integral part of their software,
j) profile of the contracting authority an electronic tool that allows unlimited
remote access and on which the contracting entity publishes information and documents
to its public procurement,
k) life-cycle of all consecutive or interlinked stages,
including research and development, if they are to be carried out, production, trade and
his conditions, transport, use and maintain, throughout the existence of
the subject of the supply or construction or the provision of services, from getting
raw materials or create resources after removal, disposal and termination
services, or the use,
l) label document, certificate or attestation stating that the shipment,
the service, construction, process or procedure to meet certain requirements,
m) electronic auctions, recurring electronic process, in which
the participants of the procurement procedure by means of electronic tools
be submitted to the new reduced price, or the new value of the corresponding
other assessment criteria, and that allows you to build the current sequence
menus when using automatic methods for their evaluation,
n) military weapons, ammunition and other material that is
specially designed, constructed or adapted for military purposes;
the list of military goods is shown in annex 1 to this Act,
about) offer price is abnormally low tender price or cost
referred to a participant in a procurement procedure, which appears to be extremely
low in relation to the subject of the contract.
(2) If you did not request to participate, a preliminary offer or quote
delivered to the contracting authority within the time limit laid down in the contract documents or in the
documentation, it is not considered to have been filed, and in the course of the procurement procedure,
to her account.
TITLE IV
EXCEPTIONS
section 29
General exceptions
The contracting authority is not obliged to award a public contract award procedure,
and implementation) if the tender would jeopardize the protection of fundamental
security interests of the United States and at the same time unable to make such a
the measures, which would allow for the implementation of the procurement procedure,
(b)) if there would be a disclosure of classified information ^ 5)
1. the publication of a notice of the initiation of the procurement procedure,
2. the publication of the written invitation to tender in the simplified
lower control, or
3. disclosure or providing specifications, if you cannot
take action under § 36 odst. 8, which would perform the procedure for the
driving permit,
c) in the case of the award or performance of the contract under the specific
the security measures laid down in other legal regulations ^ 6), and
at the same time, you cannot make such a measure which would perform the procedure for the
driving permit,
d) if its main purpose is to enable the contracting authority providing or
operation of public communications networks or the provision of one or more
electronic communications services ^ 7) to the public,
e) is awarded under special rules established by the international
the contract concluded between the Czech Republic and other than the Member State of
or parts thereof, and includes the supplies, services or works intended
for the joint implementation or exploitation of a project by the Contracting Parties;
the conclusion of such an agreement shall communicate to the European Commission, Czech Republic
f) is awarded in accordance with binding rules of an international organization,
g) is awarded according to the rules of an international organization, or
international financial institutions and
1. is fully covered by this organization or institution, or
2. is largely paid for by the organization or institution and
the Contracting Authority agreed on the use of such rules for entering
public procurement,
h) the subject is acquisition, rental or leasing existing things
real estate property or relating to rights in rem,
I) in the case of a public contract
1. If an operator of television or radio broadcasts ^ 8)
or provider of on-demand audiovisual media services ^ 9)
consisting in the acquisition, development, production or co-production
programming content intended for broadcast or distribution, or
2. for the purchase of air time or the delivery of programs that is entered
operators of television or radio broadcasts or
providers of on-demand audiovisual media services,
j) in the case of arbitration, conciliation, or similar activities,
k) with respect to legal services,
1. which provides Attorney within the representation of a client in court,
arbitration, conciliation, or administrative proceedings before a court, Tribunal or
another public authority or in proceedings before the international bodies for the
the settlement of disputes,
2. which provides the Attorney in the preparation of the proceedings referred to in paragraph 1,
or if circumstances indicate that a case with a high
likely to become the subject of a proceeding referred to in paragraph 1,
3. which must be provided by a notary on the basis of other legislation ^ 10)
in the context of certification and authentication of documents, or
4. where on the basis of other legislation ^ 11), even if
Occasionally, the vendor shall exercise public power,
l) in the case of
1. investment services ^ 12) in connection with the issue, purchase, sale
or other transfer of uncertificated securities, including securities
securities or other investment instruments ^ 12)
2. services provided by the Czech National Bank in the exercise of its competence
under another law ^ 13) or
3. operations carried out by the European financial stability facility and
The European stability mechanism,
m) in the case of a loan or lease,
n) in the case of services listed in annex 2 to this Act provided
persons formed for purposes other than profit-making,
o) in the case of public transport of passengers by rail track ^ 14)
p) in the case of service contracts awarded by a political party or political movement in
the framework of the election campaign, the purpose of which is the advertising campaign, production
promotional films, or the production of a promotional video,
q) in the case of a public service contract entered by the contracting authority
another contracting authority or several Contracting authorities on the
the basis of an exclusive right conferred by law or granted by the
by law,
r) in the case of a public contract, the subject services are in the research and
development, with the exception of activities referred to in annex 2 to this Act,
If
1. the price for the execution of research and development is paid solely by the sponsor and
2. the results of such research and development uses only the contracting authority to its
activities,
with) in the case of a public contract, the object of which 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, with 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, or
t) in the case of public procurement, the award shall be governed by the specific
the rules in pursuance of an international agreement relating to the stay
the armed forces of other States on the territory of the Czech Republic or posting
the armed forces of the United States or armed security forces
The Czech Republic (hereinafter referred to as "armed forces of the Czech Republic") on the territory of the
other States, which the Czech Republic is bound.
section 30
The exception for below-limit public procurement
The contracting authority shall not be obliged to enter a below-limit public tender
order
and) supply or services directly related with visits to the constitutional
officials of other States and their authorised representatives in the Czech Republic and
interpretation services related with visits to the Czech constitutional factors
States and their authorised representatives abroad
(b)) to the supplies, services or works provided by the prison service
The Czech Republic, the Czech Republic,
(c)) on the supply or service related to the provision of humanitarian
help ^ 15),
d) entered intelligence agency under the Act on intelligence
services,
e) entered Embassy of the Czech Republic abroad or
the organizational component of the State acting and agencies abroad,
(f) the object of which is the acquisition), maintenance or restoration of the assets of the United
Republic abroad,
(g)) the object of which is the acquisition of things or the things in the Museum's collections file
nature ^ 16), cultural monuments ^ 17) or other subject of cultural
^ 18),
(h)) for the purchase of books and other information resources in library collections,
(I) the object of which is the acquisition) of an animal for the purpose of breeding, or
breeding, or for the purposes of the tasks of the armed forces of the Czech
Republic,
j) the object of which is the production, purchase or repair of military equipment
for the armed forces of the Czech Republic,
k) entered to ensure the immunity of the United States
The Ministry of Defense, in which a person has exclusive ownership interest, or
among such entities, or
l) entered at the time of deployment of the armed forces of the Czech Republic outside of the
the territory of the European Union and operational needs require to be entered
vendors located in the area of operations.
section 31
Exemption for small public contracts
The contracting authority is not obliged to specify in the contract award procedures for small
the range. When you enter, however, the contracting authority shall comply with the principles of
According to § 6.
TITLE V OF THE
MIXED ORDER
§ 32
(1) for the purposes of this Act, a mixed contract means a contract which is
It is part of a public works contract, the contracting authority is obliged to enter that in the
public procurement procedures, and from the part of the contract, where this obligation
It does not apply.
(2) in the case of mixed contracts, whose parts are objectively separable,
the contracting authority may specify the different parts separately or specify it
as one contract.
(3) if the Contracting Authority enters a mixed contract as a public works contract
and this is not a case referred to in paragraph 4, it shall specify in the tender.
The estimated value of the contract, the contracting authority shall be determined according to a mixed value
the part that is obliged to specify in the tender.
(4) the contracting authority shall not be obliged to enter a mixed contract in a tender procedure,
If you are part of a separable and objectively
and on one of the parts) is covered by the exception under section 29 (b). a), b), c)
or s), or
(b) is not part of the contract) the contracting authority shall specify in the tender
and the remaining part is a public works contract in the area of defence or
safety.
PART TWO
BASIC PROVISIONS ON PUBLIC PROCUREMENT PROCEDURES
§ 33
Preliminary market consultation
The contracting authority is entitled to lead the market of consulting with experts or contractors with
order to prepare the tender conditions and inform the supplier about their
the intentions and requirements, if it does not distort competition;
the provisions of § 211 paragraph. 1 shall apply mutatis mutandis.
§ 34
Prior notification
The contracting authority is authorized to disclose by means of a prior information notice of its intention to
to launch a procurement procedure. In this case the contracting authority submits the preliminary
notice for publication in the manner referred to in section 212.
§ 35
Public contracts, broken down into parts
The contracting authority may award the contract to split into multiple parts if the
can not do the obligations established by this Act. If the contracting authority concludes the
more parts of the contract award procedure, in one of the defining the scope
these parts and lays down the rules for the participation of vendors in each
parts and for the award of these parts.
section 36
The specifications of the
(1) the specifications shall be set so that a certain vendors
without cause, directly or indirectly, guarantee a competitive advantage or
create unjustified obstacles to competition.
(2) the specifications of the contracting authority shall specify in the contract documents or
shall notify the participants in an award procedure at the hearing.
(3) the specifications of the contracting authority shall fix and provide suppliers in
the details necessary for vendor participation in public procurement procedures.
The contracting authority may not transfer the responsibility for the correctness and completeness of the procurement
conditions at the supplier.
(4) If any part of the specifications developed person is different
from the contracting authority, with the exception of a lawyer or tax adviser, mark
the sponsor of this part, together with the identification of the person who developed it.
If the tender documentation contains information that are the result of
preliminary market consultations, the contracting authority marks in the tender documents
This information identifies the persons that are of preliminary market
consultation have been involved, and shall provide all relevant information that have been
the content of the preliminary market consultation.
(5) the contracting authority is entitled to determine the time required for the conduct of procurement
control. The length of the time limits must be established so as to ensure adequate
for the time required by the acts of the suppliers.
(6) if appropriate, the contracting authority may allow inspection of the place of performance.
(7) the specifications can be changed after the start of the procurement procedure
or added, only if so provided by law.
(8) the contracting authority may require the contractor to take appropriate measures to
protection of the confidential nature of information which the sponsor provides, or
makes in the course of the procurement procedure.
(9) the contracting authority may all or some of the tender participants
award prizes or payments, if the rules for granting them determined in
the tender documents.
§ 37
Conditions for participation in a procurement procedure
(1) the conditions for participation in a tender procedure, the contracting authority may stipulate, as
conditions of qualification, and)
(b) the technical conditions defining the subject) public contracts including
the terms of the management of rights of industrial or intellectual property rights of
incurred in connection with the performance of the contract,
(c)) or other terms and conditions relating to the subject of public
of the contract, or
d) special conditions for the performance of the contract, in particular in the area of
the influence of the subject of the contract on the environment, social
consequences resulting from the subject of the contract, economic area
or innovation.
(2) the contracting authority may establish requirements for the content, the form or the method
the submission of requests to participate, the indicative tenders or tenders.
(3) the contracting authority shall not, as a condition of participation in the procurement procedure should
a specific legal form for the vendor.
(4) the contracting authority shall not, as a condition of participation in the procurement procedure should
a specific form of cooperation of suppliers offering contract performance
together. If it is for the proper performance of the contract, it may be necessary
in the contract documents, the contracting authority to admit or require that the selected
suppliers, offering contract performance together, adopted a
form of cooperation for the execution of the contract.
(5) the contracting authority must acknowledge the participation of natural and legal persons in the
the tender and in the case that a service that is supposed to be in the performance of
public procurement may be granted in accordance with Czech legislation
granted only to a person's physical or legal person only if it is
the supplier shall be entitled to provide this service according to the law of a Member State,
in which it has its registered office.
(6) the contracting authority may reserve participation in the procurement procedure specific
suppliers under section 38.
(7) the Government may by regulation provide for the
and some binding conditions for participation) in public procurement procedures in certain
categories of public procurement and the extent of their use, or
(b) further conditions for the examination of) the adequacy of some of the conditions
participation in public procurement procedures and the extent of their use.
§ 38
Reserved contracts
(1) if so provided by the contracting entity in the notice of initiation of the procurement procedure
or in the invitation to tender in the simplified management, lower
You may participate in the procurement procedure by employing the
protected jobs under the law on the employment of at least 50% of the
people with disabilities out of the total number of their employees.
(2) the fact that under the vendor is working on protected
sites of at least 50% of persons with disabilities from
total number of employees referred to in paragraph 1 shall be included in the
the menu, together with the confirmation of the Labour Office of the Czech Republic; decisive is
the average number of employees per calendar quarter
previous to the initiation of the procurement procedure.
(3) the conditions referred to in paragraph 1 is not possible to demonstrate
through other people. When the common participation in a procurement procedure
to meet the conditions referred to in paragraph 1, any party to a contract
control separately.
§ 39
The course of the procurement procedure
(1) the sponsor shall proceed to tender according to the rules laid down
This Act and it shall comply with the specifications laid down.
If the rules for the conduct of the procurement procedure shall be determined by this law does not
the sponsor is in accordance with the principles set out in section 6.
(2) in the course of the procurement procedure, the contracting authority selects the participant award
the selected vendor management based on
and an assessment of the fulfilment of the conditions of participation) in a tender procedure,
(b) the number of participants) the reduction in the procurement procedure or reducing the number of
the indicative tenders or solution, if this law for the selected
type of award procedure approved and the contracting authority is reserved,
(c)) the evaluation of tenders.
(3) to reduce the number of participants of the procurement procedure or reducing the number of
the indicative tenders or solution, or the evaluation of tenders, the contracting authority
establish criteria to identify objective and verifiable facts
related to the
and the subject of public procurement), including the impact on the subject of the contract
environmental or social consequences resulting from the article
public procurement, or
(b) the qualifications of the supplier).
(4) unless otherwise provided for in this law, the sponsor may make
the assessment of compliance with the conditions for participation in an award procedure before the evaluation
menu bar or to the evaluation of the tenders. For the selected vendor must
the contracting authority shall make an assessment of the fulfilment of the conditions of participation in the procurement procedure
and the evaluation of its offer.
(5) an assessment of the fulfilment of the conditions of participation or the assessment of the criteria referred to in
paragraph 3, the contracting authority shall be based on data, documents, samples or
the models provided by the participant in a procurement procedure. The contracting authority may
to verify the authenticity of the data provided, documents, samples or models and
can also annotate them himself. Samples of the sponsor may subject
tests and based on the results of those tests.
(6) If a participant has submitted the tender, the contracting authority is samples
obliged to give these samples on his written request, after the termination of a contract
proceedings without undue delay return or pay the value thereof.
The contracting authority may reserve duty in the specification vendor
to take over after the closing of the tender submitted samples.
section 40
The tender period
(1) the contracting authority may lay down a period of tender, which means the period after the
participants of the tender from the procurement procedure
to withdraw. In the early tender deadline is the end of the period for the submission of tenders.
The award period must be determined, mutatis mutandis, with regard to the type of
the procurement procedure and to the subject matter of the contract.
(2) the tender period of not running after a period in which the contracting entity cannot conclude
agreement under section 246.
(3) the contracting authority submits the tender period of the notice of the selection of the vendor
If
and with the participants) of the procurement procedure, or otherwise
(b)) to avoid termination of the procurement procedure before the expiry of the tender deadline.
(4) if the contracting authority in contravention of paragraph 3 does not send a notice of the selection
vendor in the tender period, the procurement procedure is terminated.
In this case, the sponsor of the tender participants will pay effectively
incurred costs associated with their participation in the tender.
§ 41
The security
(1) if the contracting authority has established the tender deadline, the tender documents
to request the party to the contract award procedure provided within the time limit for the submission of
offers security.
(2) the amount of the guarantee in the contract documents, the contracting authority shall lay down, in absolute
amount equal to 2% of the estimated value of the public contract or up to 5%
the estimated value of a contract, if the tender will be
use electronic auctions.
(3) a security shall provide the participant of the tender form
and the amount of money available to) the composition of the account of the contracting authority (hereinafter referred to as the "money
the security "),
(b)) a bank guarantee in favour of the contracting authority, or
(c) the insurance guarantees in favour of) the contracting authority.
(4) the award procedure proves to be the provision of security in the menu
and disclosure for) payment to the contracting authority, in the case of cash
sure,
(b) the submission of an original letter of guarantee) that contains the obligation to pay
the contracting authority under the terms of paragraph 8 of the confident, if the
a bank guarantee, or
(c) the submission of a written statement by the insurer) that contains a commitment
pay to the contracting authority, under the conditions laid down in paragraph 8 of the confident,
in the case of insurance guarantees.
(5) where the guarantee is granted in the form of a bank guarantee or insurance
warranty, is a participant of the tender shall be obliged to ensure its entry into force after
the entire duration of the award period.
(6) the contracting authority shall without undue delay cash security, including interest
cash-settled by the Institute, the original of the letter of guarantee or written
Declaration by the insurer
and after the expiry of the tender deadline), or
(b)) after the participants of the procurement procedure terminates its participation in public procurement
proceedings before the end of the tender period.
(7) the contracting authority is obliged to check the documentation of public order, keep a copy of
the letter of guarantee or of a written statement of the insurer.
(8) the client has the right to the performance of a security, including interest charged
the Monetary Institute, if the tender participant in the tender within the time limit
ceased to participate in the procedure after exclusion under § 122 para. 5 or
section 124 para. 2.
§ 42
The Commission and invited experts
(1) the contracting authority may, for the implementation of operations under this Act, delegate
to the Commission; This is without prejudice to other legal regulations governing the way
decisions of the contracting authority, and even this does not affect its liability for
compliance with the rules laid down in this law. Acts of the Commission for the purposes of
of this Act, be regarded as acts of the contracting authority.
(2) in the case of public contracts with an estimated value higher than 300 000 000
$ Sponsor shall ensure that the evaluation of proposals by the Commission, which has
a minimum of 5 members, most of which have relevant expertise in relation to the
subject of the contract.
(3) the contracting authority may use for their decision-making and representation, invited by the
experts; This is without prejudice to his responsibility for the compliance with the rules
laid down in this law.
§ 43
Contractual representation of the contracting authority
(1) the contracting authority may, in the implementation of operations under this Act
related to the contract award procedure have contracted to be represented by another
person. This is without prejudice to his responsibility for the compliance with the rules
laid down in this law.
(2) the representative may not make vendor selection, exclusion of a participant
the procurement procedure, to cancel the procurement procedure, or decide on the objections;
It does not apply to the Chief Clerk or representing the contribution of the founder
the Organization of which he is founder.
§ 44
Conflict of interest
(1) the sponsor shall proceed, in order to avoid a conflict of interest. In the case of
the procedure under section 42 or 43, the contracting entity shall request the written sworn
a statement of all the members of the Commission, invited experts or people
the representative of the contracting authority that is not in a conflict of interest. If
It finds that there was a conflict of interest, it shall take measures to remove it to
remedy the situation.
(2) the conflict of interest is considered to be a situation where the interests of the people, which
and) are involved in the course of the procurement procedure, or
(b)) have or could have an impact on the outcome of the procurement procedure,
threaten their impartiality or independence in relation to the procurement
proceedings.
(3) Interested persons referred to in paragraph 2, for the purposes of this Act,
means the interest to get a personal benefit or reduce the securities or any other
the benefit of the contracting authority.
§ 45
Submission of documents
(1) If this Act or the contracting authority requires the submission of the document,
the contractor shall submit a copy of the document, unless otherwise provided by this Act.
The contracting authority may according to § 46 para. 1 require the submission of
the original or a certified copy of the document.
(2) if the contracting authority requires the presentation of a document and the supplier is not
for reasons that are not attributable to the document you want to submit,
is entitled to submit other equivalent document.
(3) If this Act or the contracting authority requires the submission of the document referred to in
the legal order of the United Kingdom, the supplier may submit confirmation
According to the law of the State in which the document is issued; This
evidence shall be presented with the translation into the Czech language. If the contracting authority has
doubts about the accuracy of the translation, it may request the submission of officially
certified translation of the document into the Czech language by an interpreter registered in
a list of experts and interpreters ^ 19). Document in the Slovak language and proof of
education in the Latin language are presented without translation. Where, under the
the relevant law of the requested document is not issued, can be replaced by
affidavit.
(4) the obligation to submit a document proving the supplier can fulfil by reference to
corresponding to the information held in the public administration information system ^ 20)
or similar system held in another Member State, that allows you to
unlimited remote access. Such reference must contain the Internet
address and login information, and find the information you want, when
such necessary data.
§ 46
Clarification or completion of data, documents, samples or models
(1) the contracting authority may, for the purposes of ensuring the proper course of the procedure for the
management may require that a participant of the tender within a reasonable time
clarify the submitted data, documents, samples or models or added
additional or missing information, documents, samples or models. The contracting authority may
to make this request repeatedly and may also extend the deadline
or waived its limit.
(2) after the expiry of the deadline for the submission of tenders cannot be changed,
unless otherwise provided in this Act; However, the menu can be added to the
the request referred to in paragraph 1 based on the data, documents, samples or models,
that will not be evaluated according to the evaluation criteria. In this case,
completion of data relating to proof of compliance with the conditions of participation for change
deals are not considered, while the grounds for the assessment of compliance with
conditions of participation may occur even after the expiry of the deadline for the submission of tenders.
(3) for the clarification and itemized budget fix, if it is not
without prejudice to the total bid price or other criterion for evaluating the bids.
§ 47
Participant of the tender
(1) the supplier shall become a participant of the tender at the moment
and express the preliminary interest) pursuant to § 58 para. 5 or § 129 para. 4,
(b)) shall submit an application for participation or menu, or
(c)) shall begin negotiations with the contracting authority in an award procedure.
(2) the expelled participant award procedure ceases to participate in the
the proceedings at the time when
and) deadline for the submission of objections to the exclusion, if objection
does not give,
(b)) in the case of opposition deadline for the submission of a proposal in accordance with § 251
paragraph. 2 or 3, if the proposal fails to give, or
c) in the case of the petition under § 251 paragraph. 1 the judicial power
the decision terminating the administrative procedure or reject the proposal.
(3) the excluded participant of the tender, which has not yet ceased to exist
participation in a tender procedure, the contracting authority may take into account when assessing the
menu bar or in the electronic auction; This does not apply if the exclusion
participant of the tender cancelled.
(4) participation in a procurement procedure terminates the
and the withdrawal of the tender participant) at the time of the tender deadline, outside
or
(b)) the expiry of the deadline to submit applications to participate, the indicative tenders or
offers of the tender participants, who request to participate, the preliminary
menu or menu did not.
§ 48
A participant of the tender
(1) the contracting authority may exclude a participant of the tender only on grounds of
laid down in this Act, at any time during the procedure.
(2) the contracting authority may exclude a participant of the procurement procedure, if the data
documents, samples or models submitted by a participant in a procurement procedure
and do not meet the specifications or) is a participant in a procurement procedure
the specified period does not justify,
(b) a participant in the tender procedure) have not been clarified or amplified by the
on application under section 46 or
(c)) do not correspond to the facts and should have or may have an impact on the assessment of
conditions of participation or the fulfilment of criteria.
(3) the sponsor shall exclude the participant of the tender, which has demonstrated
the composition of the security required, or failed to provide certainty for the duration
the tender period.
(4) the contracting authority may exclude a participant of the tender, if the offer
participant of the tender contains an extremely low bid price,
that was not a party to the procurement procedure justified.
(5) the contracting authority may exclude a participant of the tender for
incapacity, if he proves that
and performance offered by the supplier) would lead to non-compliance with the obligations
arising from the provisions of environmental law, social or
labour legislation or collective agreements relating to the
the subject of performance of the contract,
(b)), there was a conflict of interest, and other measures to remedy, in addition to the cancellation
the procurement procedure, it is not possible,
(c)), to the distortion of competition the previous participation of the participant
the procurement procedure in the preparation of the procurement procedure, other measures to
the remedy is not possible and a participant of the tender to the call of the contracting authority
did not demonstrate that to avoid distortions of competition,
(d)) a participant in a procurement procedure has committed in the last 3 years from
the contract notice serious or long-term failure
the performance of an earlier contract with the contracting authority awarded the public
contract, or any other contracting authority giving rise to the damage occurs, the
premature termination of the contractual relationship or other comparable penalties,
e) a participant in a procurement procedure attempted to unduly influence the
the decision of the contracting authority in an award procedure or improperly tried to
obtain nonpublic information, he can ensure that unauthorized
benefits in a tender procedure, or
f) a participant in a procurement procedure has committed in the last 3 years ago
the start of the procurement procedure or after the initiation of the procurement procedure
serious professional misconduct, which calls into question its credibility,
including misconduct, for which he was punished with a disciplinary punishment or he was
the disciplinary measures imposed under other legislation ^ 21).
(6) the contracting authority may exclude a participant of the tender for
also, if the disability on the basis of reliable information gets
reasonable grounds for believing that the tender participant has entered into with other
persons prohibited by agreement under other legislation ^ 22)
the context of a public works contract entered.
(7) the contracting authority may exclude a participant of the tender, which is
joint-stock company or has the legal form of a similar joint-stock company
and has issued exclusively to the book-entry shares.
(8) the selected vendor contracting authority excluded from participation in a procurement procedure,
If it finds that the reasons for the exclusion are populated in accordance with paragraph 2, or
can demonstrate fulfillment of the reasons referred to in paragraph 5 (b). a) to (c)).
(9) the contracting authority verifies the fulfillment for the selected vendor for the
the exclusion referred to in paragraph 7 on the basis of the information entered in the commercial
the register. If the information entered in the commercial register is clear
populate the reason for exclusion referred to in paragraph 7, the sponsor of the participant
the procurement procedure excludes from the procurement procedure. The selected vendor is
based in foreign countries, which is a joint-stock company or has a legal form
a similar joint-stock company, the contracting authority shall request, within a reasonable period to
submit a written affidavit about which people are the owners of
shares with an aggregate nominal value exceeding 10% of the basic
capital of the participant of the tender, the source from which the data
about the size of the share of the shareholders is based on; This application shall be deemed to be
According to section 46.
(10) the provisions of paragraphs 7 and 8 shall not apply for participant award
proceedings, if it is a joint-stock company whose shares in the aggregate
the nominal value of 100% of the capital are in the possession of the municipality
According to the law on municipalities or County pursuant to the Act on regions.
(11) the contracting authority submits the tender participant without delay
a notice of foreclosure on the grounds.
§ 49
Measures to remedy the
(1) the contracting authority at any time during the procurement procedure shall take the necessary and
adequate measures to remedy, if it finds that he proceeded contrary to the
This Act. Measures to remedy for the purposes of this Act, the
acts of the contracting authority, that the provisions of the previous procedure, which is in violation of the
with this Act.
(2) the contracting authority shall take the measures to remedy of annulment
the decision to cancel the procurement procedure, if it finds that this decision
It was made in violation of the law, even if against this decision
did not receive; such corrective action may, however, accept only in
the time limit within which the tender participants would be able to appeal against a decision of the
the cancellation of the procurement procedure to file the opposition.
§ 50
Notification of selection
All participants of the tender, the contracting authority submits the notice of selection,
stating the identification data of the selected vendor and justification
the selection, if not stipulated otherwise.
§ 51
Closing of the tender
(1) the procurement procedure is terminated by the conclusion of the contract, framework agreement,
the introduction of the dynamic purchasing system or at the time specified in the
paragraph 2 in the case of the cancellation of the tender.
(2) in the case of the cancellation of the tender award procedure is terminated in the
the moment when the
and all the participants in an award procedure), the deadline for the submission of objections
against the cancellation of the tender by the contracting authority, if the objections are not
submitted,
(b)) in the case of opposition against the cancellation of the tender by the contracting authority
deadline for the submission of a proposal in accordance with § 251 paragraph. 2 or 3, if the design
is not given,
c) in the case of the petition under § 251 paragraph. 1 against the cancellation of a contract
control by the contracting authority shall take the decision terminating the administrative
or rejection of the application, or
(d)) the judicial decision on the cancellation of the procurement procedure pursuant to §
263.
(3) the contract or framework agreement must match the entry conditions and
menu, the selected vendor and must be concluded in writing.
(4) before the termination of the procurement procedure, the contracting authority may initiate the input
tender for the public contract with similar performance only if the
If
and operational needs so require) the sponsor and the
(b)) a public contract will be awarded only to the extent necessary and
as long as necessary.
PART THREE
BELOW-LIMIT MODE
§ 52
The choice of the type of procurement procedure
For the award of public contracts in the lower tier, the sponsor may use mode
and simplified the-limit control) with the exception of public works contracts
the works, whose estimated value exceeds 50 000 000 CZK
or
(b)) types of procurement procedures for overlimit mode; in this case,
the contracting authority shall proceed in accordance with part four by analogy with the fact that
1. a negotiated procedure with the publication of the sponsor may use even without meeting
conditions provided for in § 60,
2. for a negotiated procedure without publication also condition must be true
inability to comply with the time limit for the simplified procedure, the-limit in the case of
below-limit public contract, the contracting authority that would otherwise could specify in
simplified management, lower
3. the provisions of part four shall not apply to time limits laid down in paragraph 54.
§ 53
Simplified management-limit
(1) the contracting authority is launching a simplified below-limit control by posting challenges
to submit tenders on the profile of the contracting authority pursuant to section 214, which calls on the
unlimited number of suppliers to tender. The contracting authority may call upon
its publication to send some of the suppliers, in which case the
be a challenge sent at least 5 vendors. Call for the submission of tenders shall
contain the particulars set out in annex 6 to this Act.
(2) the contracting authority shall with the participants of the tender of the submitted bids
to act.
(3) the tender documents must be published on the profile of the contracting authority, after
a time limit for the submission of tenders. For tender documents and contract documents
terms and conditions, the provisions of section 96 to 100 by analogy; This does not apply for a period of
the explanation for the publication of the tender documents in accordance with § 98 para. 1 (b).
and time to explore), and the place of performance under section 97.
(4) the contracting authority may use the individual rules for tendering for
above-limit mode. The contracting authority may use other criteria qualifications
the vendor, than are listed in the fourth; the provisions of § 81 to 85, §
87 and 88 shall apply mutatis mutandis. Qualifications shall be submitted
suppliers in the menus in the copies, and can replace them with an honorary
Declaration or the single European certificate for public procurement
pursuant to section 87. The contracting authority may request during the procedure
presentation of original or officially certified copies of evidence of qualifications.
Documents proving the basic eligibility under section 74 and professional
eligibility under § 77 para. 1 have to demonstrate compliance with the desired
the eligibility criteria, not later than 3 months before the date of submission of the
menu. The contracting authority is entitled to make a reduction in the number of participants
the procurement procedure pursuant to § 111 or reduction in the indicative tenders
pursuant to section 112. For the technical specifications of the public works contracts
with § 92 shall apply mutatis mutandis.
(5) If it's in the contract documents, the contracting authority may reserve
notification of the exclusion of a participant of the tender or of the notice of selection
vendor to publish on the profile of the contracting authority. In this case,
considered notification to all participants in the procurement procedure
at the moment of their publication.
(6) for the submission and evaluation of proposals and the selection of the supplier shall apply to § 107
up to 110 and § 114 to 122 by analogy. As quality criteria the contracting authority may
establish other criteria than those provided for in § 116, if they are based
on objective factors relating to the person or to the vendor
subject of the contract. All participants of the tender procedure, the contracting authority
at their request, allowing a glimpse into a written evaluation report
the menus and take excerpts, copy or copies.
(7) for the closing of the tender procedure, the provisions of §
124 to 127, mutatis mutandis.
(8) notice of cancellation for the simplified case management sponsor
publish to profile the contracting authority within 5 working days of the decision to
the cancellation of the tender.
§ 54
The deadline for the below-limit public procurement
(1) the deadline for the submission of tenders in the simplified lower control
the sponsor provides at least 11 working days from the start of
the procurement procedure.
(2) the deadline for the submission of tenders in an open procedure, the contracting authority shall lay down in
length of at least
and) 15 working days from the initiation of the procedure for the award of public
contracts for supplies or services, or
b) 20 working days after the initiation of the procedure for the award of public
works contracts.
(3) a period of at least 15 working days after the initiation of the procurement
proceedings or by sending a call for public disclosure of the sponsor provides, in the case
a) requests to participate in restricted procedure negotiated procedure with publication or,
(b)) preliminary offers in the negotiated procedure with the publication of, or
c) menu in the restricted procedure.
(4) the time limit referred to in paragraph 2 may be reduced by up to 5 working days,
If the Contracting Authority published an advance notice, which was sent to
the publication of at least 16 working days, and not more than 12 months before the date on
When was sent a notice of the initiation of the procurement procedure.
(5) an explanation of the specifications, the contracting authority shall publish a notice in the-limit
public order at least 4 working days before the deadline for the submission of
menu bar.
(6) the period for examination, the contracting authority shall determine the place of performance for the below-limit public
order to be able to tour to take place not later than 5
working days before the deadline for the submission of tenders.
PART FOUR
ABOVE-LIMIT MODE
TITLE I OF THE
THE CHOICE OF THE TYPE OF PROCUREMENT PROCEDURE
section 55
For the award of public contracts in the upper tier, the sponsor may use mode
open procedure or restricted procedure and subject to the following conditions
a negotiated procedure with the publication of, the negotiated procedure without publication,
management of the competitive dialogue or the management of innovation partnerships.
TITLE II
OPEN PROCEDURE
§ 56
(1) the contracting authority is launching the open procedure sending a notice of the initiation of the
the procurement procedure for publication according to § 212, which calls on the
unlimited number of suppliers to tender.
(2) the contracting authority shall with the participants of the tender of the submitted bids
to act.
(3) the suppliers shall submit the qualifications on offer.
§ 57
Time limits in open procedure
(1) the contracting authority shall fix a time limit for the submission of tenders in an open procedure on
at least 30 days from the commencement of the procurement procedure. The deadline for submission of tenders
must be extended
and about 5 days), if the contracting authority does not allow to bid through the
electronic tools
(b)) about 5 days, if the contracting authority shall proceed in accordance with § 96 para. 2; This does not apply
in the cases referred to in paragraph 2 (a). (b)).
(2) the time limit for the submission of tenders may be for public supply contracts
public service contracts or truncated to at least 15
days if the
and published a prior information notice, the contracting authority), that has been sent to
the publication of not less than 35 days and not more than 12 months before the date on which the
notice of the initiation of the procurement procedure, or
(b) urgent circumstances) the contracting authority could not have foreseen, nor is
did not prevent the use of the period, referred to in paragraph 1; the urgency of the
circumstances justify the contracting authority in the contract documents.
TITLE III
RESTRICTED PROCEDURES
§ 58
(1) the contracting authority is launching a closer control by sending a notice of the initiation of the
the procurement procedure for publication according to § 212, which calls on the
unlimited number of suppliers to submit a request for participation.
(2) the contracting authority pursuant to § 4 paragraph 2. 1 (b). c) to (e)) can initiate closer control
also sending the preliminary notification under section 34 for publication in a manner
under section 212, if it calls for expressions of interest the preliminary suppliers.
In this case the contracting authority ' notice shall fulfil the obligations for
that this Act requires the dispatch of the notice of initiation
the procurement procedure.
(3) after the expiry of the deadline for the submission of requests to participate, the contracting authority shall consider the
the qualifications of the participants of the tender, it excludes from participation in public procurement
management of the tender participants who failed to meet the
qualification and exempted the procurement procedure participants invited to submit an
menu bar. Call for the submission of tenders shall contain the particulars set out in
Annex No 6 to this Act.
(4) an offer may be made only participant of the tender, which was
invited to submit a tender. Invited participants of the procurement procedure cannot
submit a joint offer. The contracting authority shall with the participants of the tender
of the submitted offers to act.
(5) where proceedings are brought closer by sending pre-export notifications, you may
be a preliminary interest in supplier expressed in any form. The contracting authority
in writing invite all participants in the procurement procedure, who expressed
preliminary interest, to the submission of requests to participate. Invitation to submit requests for
participation shall contain the particulars set out in annex 6 to this
the law. Call for the submission of requests to participate, the contracting authority submits the first 35 days
After you submit the prior notice for publication and not later than 12 months after the
submit prior notice for publication.
§ 59
Time limits in restricted procedure
(1) the contracting authority shall set a deadline for the submission of requests for participation in at least 30
days of the initiation of the restricted procedure or following the dispatch of the call for submission of applications for
participation, if it is initiated by sending a closer control of preliminary notification.
(2) the contracting authority shall fix a time limit for the submission of tenders on at least 25 days from the
dispatch of the invitation to tender. This time limit shall be extended
and about 5 days), if the contracting authority does not allow to bid through the
electronic tools
(b)) about 5 days, if the contracting authority shall proceed in accordance with § 96 para. 2; This does not apply
in the cases referred to in paragraph 5.
(3) the contracting authority pursuant to § 4 paragraph 2. 1 (b). c) to (e)) may set a time limit for the
submission of tenders so that amounted to at least 10 days following the dispatch of the call for
submission of tenders; on the basis of the written consent of all the participants
the procurement procedure this period may be shortened.
(4) the time limit for the submission of tenders may be reduced to at least
10 days from the dispatch of invitations to tender, if the Contracting Authority published a
prior notification, which nezahajoval the procurement procedures and
submitted for publication at least 35 days and not more than 12 months before the date on
When was sent a notice of the initiation of the procurement procedure.
(5) if urgent circumstances make it impossible to use the time limits referred to in paragraph
1, can be a time limit for filing a request for participation was truncated to
at least 15 days after the initiation of the procurement procedure and the time limit for submission of tenders
at least 10 days following the dispatch of the invitation to tender; the urgency of the circumstances
the contracting authority shall justify in the tender documents.
TITLE IV
A NEGOTIATED PROCEDURE WITH THE PUBLICATION OF THE
section 60
The terms of use
(1) the contracting authority may use the negotiated procedure with publication, if
and) needs cannot be met without modifying the available on the market
the performance,
(b)) part of the performance of the contract is to design a solution or an innovative
the solution,
(c)), the contract cannot be awarded without prior negotiations because of
special circumstances arising from the nature, complexity, or legal and
financial conditions linked to the subject of the contract, or
(d)) cannot be determined by reference to technical specifications documents
pursuant to § 90 para. 1 and 2.
(2) the contracting authority may use the negotiated procedure with publication also
If the previous open procedure or restricted procedure was repealed by
§ 127 paragraph. 1.
§ 61
Procedure in proceedings
(1) the contracting authority is launching a negotiated procedure with the publication of sending notifications
tender for publication in a manner pursuant to section 212, which
calls on an unlimited number of suppliers to submit a request for participation.
(2) the contracting authority pursuant to § 4 paragraph 2. 1 (b). c) to (e)) may meeting with management
the publication also start sending pre-export notifications for publication
way under section 212, if it calls for expressions of interest prior
suppliers. In such a case, the contracting authority shall meet ' notice
obligations, for which this Act requires sending
notice of initiation of the procurement procedure. The provisions of § 58 para. 5, the
apply, mutatis mutandis.
(3) in the case of the procedure under section 60(1). 2 can be to send a notification about
tender replaced by sending a challenge to date
menu, if the contracting authority in the previous tender made
the assessment of the qualifications of and the call for submission of preliminary bids sends to all
suppliers, who in the previous tender offer and filed a
demonstrated qualifications; paragraph 4 shall not apply in this case.
(4) in the contract documents, the contracting authority shall indicate that the requirements for the implementation of
public contracts represent the minimum technical conditions that must
the offer to meet.
(5) after the expiry of the deadline for the submission of requests to participate, the contracting authority shall consider the
the consistency of the qualifications of the participants of the procurement procedure and does reduce the number of
the participants of the procurement procedure pursuant to § 111, when reserved in the
notice of initiation of the procurement procedure or in the advance notification,
who initiated the procurement procedure. The contracting authority will exclude from participation in public procurement
control participants who failed to meet the qualifications or were not
chosen by the reduction in participants of the tender. Exempted
the participants in an award procedure prompts to submit preliminary bids. You are prompted to
submission of preliminary bids must contain the particulars set out in
Annex No 6 to this Act.
(6) the indicative tender may submit only the tender participant,
having been called upon to submit preliminary offers. Invited participants
the procurement procedure cannot submit a joint tender.
Indicative tender the tenderer of the award procedure for dealing with
edited by the sponsor.
(7) the contracting authority negotiates with the participants of the procurement procedure of the preliminary
offers to improve the preliminary offers for the benefit of the contracting authority. In
the negotiations may be reduced by the number of preliminary bids, which are
will act pursuant to § 112, if the contracting authority has reserved in the notice of
the contract notice or in the indicative notice, which launched
procurement procedure.
(8) the contracting authority may reserve, in the tender documentation that does not have a
preliminary bids to act and may award a public contract on the basis of
preliminary offers. In this case, when you opened a preliminary
menus follows the section 108 to 110 apply mutatis mutandis.
(9) the client provides information during the negotiations, participants
the award procedure to a non-discriminatory manner. Confidential information pursuant to §
paragraph 218. 1 the contracting authority is authorised to communicate to other participants of the procurement
only on the basis of the written consent of the participant of the tender
granted in relation to a specific piece of information.
(10) the contracting authority may, in the course of negotiations to amend or complete the tender
conditions, in particular the technical conditions, except for the minimum technical
the conditions referred to in paragraph 4. Of such amendment or supplement award
conditions of the tender, the contracting authority shall inform participants of
and provide them with a reasonable period of time for adjustment to the indicative tenders.
Changed specifications must continue to comply with the terms and conditions for use
a negotiated procedure with the publication.
(11) the moment of conclusion of the negotiations, or the method of its determination, the contracting authority is
obliged to notify the participants of the tender. The contracting authority shall invite participants
the procurement procedure for the submission of tenders. Call for the submission of tenders shall
contain the particulars set out in annex 6 to this Act.
§ 62
The time limits in the rules of procedure, with the publication of
(1) the contracting authority shall set a deadline for the submission of requests for participation in at least 30
days from the start of the negotiated procedure with publication or of dispatch of the invitation to
the submission of requests to participate, if the negotiated procedure with publication launched
sending preliminary announcement.
(2) the contracting authority shall set a deadline for submission of preliminary bids on at least 25
days from the dispatch of the call for its administration.
(3) for shortening the time limits for the submission of requests to participate shall apply section 59 paragraph 1.
5 apply mutatis mutandis. To shorten or extend the deadline for the submission of the preliminary
the bids section 59 paragraph 1. 2 to 5 shall apply mutatis mutandis.
(4) the contracting authority shall fix a reasonable time limit for the submission of tenders, which begins
the earliest from the time of conclusion of the negotiations.
TITLE V OF THE
NEGOTIATED PROCEDURE WITHOUT PUBLICATION OF A
§ 63
General terms of use
(1) the contracting authority may use the negotiated procedure without publication, if
has not changed significantly from the previous open specifications
control, select control or simplified podlimitnímu procedure in which
and no offers have been submitted) or the request to participate,
(b) did not meet the requirements of the menu) the contracting authority on the subject of public
of the contract, or
(c) the participants of the tender did not meet) the conditions for participation in the request for
participation.
(2) the contracting authority is obliged to the reason for the use of the negotiated procedure without
the publication referred to in paragraph 1, notify the European Commission, at its request.
(3) the contracting authority may also use the negotiated procedure without publication, if
the contract can be satisfied only by a particular supplier, since
and) the performance of the contract is a unique work of art, or
performance,
(b)) for technical reasons there is no competition, or
(c)) it is necessary for the protection of exclusive rights, including the rights
intellectual property rights.
(4) the conditions referred to in paragraph 3 (b). (b)), and (c)) are met only in the
that case, you cannot use another procedure, and that the contracting authority
has not defined the specifications of the contract in order to exclude
competition.
(5) the contracting authority may use the negotiated procedure without publication also, if it is
This is necessary as a result of extremely urgent circumstances that the contracting authority
could not have foreseen, and it did not cause and could not observe the time limits for
the open procedure, the restricted procedures or a negotiated procedure with the publication.
§ 64
Terms of use for public supply contracts
In the case of public supply contracts the contracting authority may use rules
procedure without prior publication also, if
and the goods supplied are manufactured) only for the purpose of research, experiment, study
or development; such a contract shall not include delivery
designed for production on a large scale to be performed in order to achieve
the economic viability or to cover the costs of the contracting authority
related to the research or development,
(b)), the additional supplies from the same vendor, which are intended as
a partial replacement of the previous supplies or to extend an existing scope
the shipment, provided that a change of supplier would oblige the contracting entity to
take supplies with different technical characteristics, which would
result in incompatibility with the original performance or would have meant
disproportionate technical difficulties in operation and maintenance; additional supplies
under this subparagraph may be taken a maximum of 3 years from the conclusion of the
the original contract, unless a longer period is not justified by the Special
circumstances,
(c) supplies are purchased) on the commodity exchanges ^ 23), or
(d)) of the supplies under particularly advantageous conditions from
the supplier, which is in liquidation, or in the case that it is against the supplier
guided by the insolvency proceedings, from the person entitled to dispose of the material
the essence of the.
§ 65
Terms of use for public service contracts
(1) in the case of public service contracts, contracting authorities may use the rules
also, procedures without prior publication where the contract is entered in the
following a competition for the design under section 143, under whose rules has
the contracting authority intends to award the contract to enter the design contest participant,
the proposal will be selected. In the case of multiple selected proposals, the contracting authority
ask for negotiations in the negotiated procedure without publication of all participants
design competition, whose proposals have been selected.
(2) the estimated value of contracts awarded pursuant to paragraph 1
includes the estimated amount of the prices, the remuneration or other payments
the sponsor will provide the participants in design contests.
(3) the subject of the contracts referred to in paragraph 1 shall not be
a custom implementation of the proposal. This does not apply in cases where this is justified by
the nature of the subject of the design competition.
§ 66
Terms of use for public services or works
In the case of public contracts for services or construction work may sponsor
use the negotiated procedure without publication, also with regard to new services
or new works consisting in the repetition of similar services or
works as in the original contract and the corresponding original
public order, provided that the
and) new services or new works will be awarded to the same contractor,
(b)) in the specifications of the original tender, which begin
It was published in a manner pursuant to section 212 or § 53 para. 1, according to the SEC.
100 paragraph 1. 3 given the option to enter a new service contract or
new works in the negotiated procedure without publication and was
the range of new services or new construction work,
(c) the estimated value of public contracts) for new services or new
the construction work was included under section 16(1). 3 the estimated
the value of the original contract,
(d) the negotiated procedure without publication) will be initiated within 3 years from the date of
conclusion of the contract at the original public order and
(e)) the actual price without value added tax, public procurement new
services or new works does not exceed by more than 30% of their
estimated value or does not exceed 30% of the price of the initial public
of the contract.
§ 67
Procedure in proceedings
(1) the contracting authority is launching a negotiated procedure without publication by sending a challenge to the
the negotiations, calls for the submission of tenders or the start of negotiations with the supplier.
(2) the rules of procedure without prior publication is the contracting authority for the conclusion
of the Treaty. The contracting authority may, in the course of negotiations to change the tender conditions.
Changed specifications must, however, continue to meet the conditions for
the use of the negotiated procedure without publication.
TITLE VI OF THE
THE MANAGEMENT OF COMPETITIVE DIALOGUE
§ 68
(1) the contracting authority is entitled to use the competitive dialogue procedure for
compliance with the conditions referred to in section 60.
(2) the contracting authority is initiating the procedure, the competitive dialogue by sending notifications
tender for publication in a manner pursuant to section 212, which
calls on an unlimited number of suppliers to submit a request for participation.
(3) the contracting authority shall fix a time limit for the submission of applications to participate in at least 30
days from the commencement of the procurement procedure. This time limit must be extended by 5
days, if the contracting authority does not allow to bid through the
electronic tools. In the contract documents, the contracting authority shall lay down the
the expected time schedule of the competitive dialogue.
(4) the contracting authority shall assess the compliance of the request to participate, the specification and
does the reduction of the number of participants of the procurement procedure pursuant to § 111, if you
so reserved in the notice of initiation of the procurement procedure. The contracting authority will exclude
from participation in a procurement procedure participants whose application does not meet the
specifications or were not chosen with a reduction of the number of participants
the procurement procedure. Exempted participants in an award procedure prompts you to
participation in the competitive dialogue. Invitation to participate in a competitive dialogue, shall
contain the particulars set out in annex 6 to this Act.
§ 69
The progress of the competitive dialogue
(1) the contracting authority with the participants of the procurement procedure leads the competitive dialogue with
order to find a solution to meet the needs of eligible sponsor (hereinafter referred to as
"the solution").
(2) the contracting authority may discuss during the competitive dialogue procurement
from all points of view.
(3) information about the solution and confidential information under section 218 paragraph. 1 is
in the course of a competitive dialogue, the contracting authority shall be entitled to communicate to the other
the participants of the tender on the basis of written consent only
participant of the tender issued in relation to the specific information.
(4) the competitive dialogue may take place in successive stages in order to reduce the
the number of solutions to be discussed, according to § 112, when
the contracting authority has reserved in the notice of initiation of the procurement procedure.
(5) the contracting authority shall continue in the competitive dialogue until it decides whether to
the presented solutions are appropriate. The tender participant whose
the solution should not be excluded from the award procedure.
(6) on completion of a competitive dialogue, the contracting authority shall immediately inform the
the participants of the tender and invite each of the participants of the procurement
procedure to submit tenders on the found solution. Call for the submission of tenders shall
contain the particulars set out in annex 6 to this Act. Menu
must include all aspects of the solution.
(7) the contracting authority may invite the participant of the tender to the clarification,
refine or modify its offer if it does not lead to such a change
menu, or terms of reference, which would jeopardise competition
or had discriminatory effects.
(8) the contracting authority may conduct negotiations with the selected vendor for the purpose of
confirmation of his menu, and clarification of the terms and conditions, if it
It will not lead to a change in the basic parameters of the offer or of the specification,
and those changes would jeopardize competition or should not
discriminatory effects.
TITLE VII
MANAGEMENT OF INNOVATION PARTNERSHIPS
section 70
The terms of use
(1) the contracting authority may award a public contract in the management of innovation
the partnership, if not the need for the development of innovative supply or service
or innovative works and the subsequent purchase of the resulting supplies,
services or works through solutions that satisfy
are already available on the market.
(2) the estimated value of the supplies, services or works
entered in the management of innovation partnerships must not be disproportionate
the investment needed for their development.
§ 71
Phase of the innovation partnership
(1) the contracting authority in the contract documents shall define the phases of innovation
partnership, following the sequence of steps in a process of research and development
and the subsequent provision of the supplies, services or works.
The contracting authority provides for the gradual process of research objectives, the achievement of
each phase, the initial innovation partnership and the rules for
reward partners for the achievement of these objectives. The contracting authority shall ensure
that the structure of innovation partnership and provided rewards reflect the
the degree of innovation of the proposed solution and the sequence of steps of research and
development.
(2) after the end of the innovation partnership on the basis of the contracting authority may
the results achieved
and innovation partnerships end) if so stipulated in the contract
documentation, or
(b)) reduce the number of partners, in the case of innovative partnerships with several
partners, if the contracting authority in the contract documents provided the conditions for the
reducing the number of partners.
(3) in the case of innovative partnerships with multiple partners
the contracting authority to the other partner solutions designed by one of the partners or
other confidential information if the partner does not agree with it.
§ 72
Procedure in proceedings
(1) Management of innovation partnerships initiated by the contracting authority to dispatch
notice of initiation of the procurement procedure for publication according to §
212, which calls for an unlimited number of suppliers by the contracting authority to submit
requests for participation.
(2) the contracting authority shall set a deadline for the submission of applications for the participation of at least 30
days from the initiation of innovation partnerships. This time limit shall be
extended by 5 days, if the contracting authority does not allow to submit tenders
by means of electronic tools.
(3) in the contract documents, the contracting authority shall indicate that the requirements for the implementation of
public contracts represent the minimum technical conditions that must
the offer to meet. In the contract documents, the contracting authority lays down the rules
which will be subject to intellectual property rights in connection
with innovative partnerships and the fulfilment of the contract.
(4) the contracting authority shall assess the compliance of the request to participate, the specification and
does the reduction of the number of participants of the procurement procedure pursuant to § 111, if you
so reserved in the notice of initiation of the procurement procedure. The contracting authority will exclude
from participation in a procurement procedure participants whose application does not meet the
specifications or were not chosen with a reduction of the number of participants
the procurement procedure. Exempted participants in an award procedure prompts you to
the delivery of the indicative tenders. Invitation to submit preliminary bids must
contain the particulars set out in annex 6 to this Act.
(5) the contracting authority negotiates with the participants of the procurement procedure of the preliminary
menus in order to improve the offer in favour of the contracting authority. Confidential
information pursuant to section 218 paragraph. 1 the contracting authority is entitled to during the negotiations
communicate to the other participants of the tender only on the basis of the written
the participant of the tender issued in relation to a specific
the information. In the framework of the negotiations may be reduced by the number of indicative tenders
which will act pursuant to § 112, if the contracting authority has reserved in the
notice of initiation of the procurement procedure.
(6) the contracting authority may, in the course of negotiations to amend or complete the tender
conditions, in particular the technical conditions, except for the minimum technical
the conditions referred to in paragraph 4. Of such amendment or supplement award
conditions of the tender, the contracting authority shall inform participants of
and provide them with a reasonable period of time for adjustment to the indicative tenders.
Changed specifications must continue to comply with the terms and conditions for use
management of innovation partnerships.
(7) the contracting authority may, in the course of negotiations to change or amend the tender
conditions with the exception of the evaluation criteria and the minimum technical
terms and conditions. Of such amendment or supplement the terms of reference must
the contracting authority shall notify in writing the parties to the contract award procedure and to provide
give them a reasonable period for adjustment to the indicative tenders. Changed the input
conditions must continue to meet the conditions referred to in section 70.
(8) the contracting authority may decide to introduce innovative partnerships with
one or several partners who will be separately carried out activities in
the area of research and development.
TITLE VIII
THE SPECIFICATIONS IN THE UPPER MODE
Part 1
Qualifications for above-limit mode
Section 1
The range of requirements on qualifications for above-limit mode
section 73
(1) in the upper tier, the sponsor must request mode, the demonstration base
eligibility under section 74.
(2) in the upper tier, the sponsor mode
with the exception of a), the negotiated procedure without publication should request evidence
professional competence referred to in § 77 para. 1 and
(b)) may require proof of professional competence pursuant to § 77 para. 2.
(3) in the upper tier, the sponsor may request a demonstration mode
and economic qualifications in accordance with §) 78, or
(b)) technical qualifications under section 79.
(4) in the upper mode is not the contracting authority should request evidence
other than that indicated in paragraphs 1 to 3; This is not a
the provisions of § 48 para. 5 to 7.
(5) the contracting authority is obliged to in the contract documents, determine which information
documents, samples or models to demonstrate the fulfilment of required criteria
the qualifications required.
(6) If the contracting authority requires the demonstration of economic or technical
qualification, in the tender documentation must adequately due to the
the complexity and scope of the subject of the contract may provide
and economic criteria) that or technical qualifications required, and
(b)) minimum level for their performance.
§ 74
Basic eligibility
(1) a supplier who is not Eligible
and in the country) was a seat in the last 5 years before the start of
the procurement procedure has been finally convicted of a crime listed in the annex
No. 3 to this Act or a similar offence under the law of the country
the registered office of the supplier; the zahlazeným conviction shall be disregarded,
(b)) in the Czech Republic or in their country of residence in the registration taxes
caught by the tax underpayment, due
(c)) in the Czech Republic or in the country of their headquarters due to arrears
premiums or periodic penalty payments on public health insurance,
(d)) in the Czech Republic or in the country of their headquarters due to arrears
premiums or periodic penalty payments on social security and a contribution to the State
employment policy,
(e)) is in liquidation ^ 24) against which decision on bankruptcy ^ 25),
against which was ordered receivership pursuant to other legal
prescription ^ 26) or in a similar situation according to the law of the country of residence of
vendor.
(2) if the supplier Is a legal person, the condition under paragraph 1
(a). and) must comply with this legal person and at the same time each Member of the
statutory authority. If it is a statutory body of the vendor
a legal person, the condition under paragraph 1 (a). and) must comply with
and) this legal person,
(b)) each Member of the statutory body of the legal person and
(c)) the person representing the legal person in the statutory authority
vendor.
(3) if the tender branch plant
and) the foreign legal person, the condition under paragraph 1 (a). and)
meet this legal person and the branch manager of the plant,
(b)), the Czech legal entities must condition referred to in paragraph 1 (b). and)
meet the persons referred to in paragraph 2 and the branch manager of the plant.
(4) the contracting authority may lay down in the tender documents, that the condition referred to in
paragraph 1 (b). and) must also comply with other persons than those
referred to in paragraph 2; This may be the only persons who have within the
the vendor's rights associated with the structure representation, decision making or
the control of the vendor.
§ 75
Demonstrate basic competence
(1) the supplier shall demonstrate compliance with the conditions of basic competence in
relation to the Czech Republic by presenting
and the statement from) criminal records in relation to section 74 para. 1 (b).
and)
(b) confirmation from the competent tax authority) in relation to section 74 para. 1
(a). (b)),
c) written statutory declaration in relation to excise duty in respect of
to section 74 para. 1 (b). (b)),
d) written statutory declaration in relation to section 74 para. 1 (b). (c)),
e) confirmation of the district administration of social security in respect of
to section 74 para. 1 (b). (d)),
(f)) extract from the commercial register, or by submitting a written solemn
statement in the case that is not entered in the commercial register, in relation to the
section 74 para. 1 (b). (e)).
(2) the contracting authority may not assert the reason for exclusion of a participant award
control, even though the basic eligibility conditions to fulfil, if
and make it impossible for a participant), the award of the contract in this
procurement procedure and
(b)) in the public interest, in particular the urgent public health or the protection of
the environment, requires the performance of the contract.
§ 76
Restoring the eligibility of participant of the tender
(1) a participant in a procurement procedure can prove that despite the failure to meet the
basic eligibility under section 74 or fulfillment because of the incapacity of the
pursuant to § 48 para. 5 and 6 has restored their eligibility to participate in a tender
proceedings, if in the course of the procurement procedure to the contracting authority has submitted evidence that he accepted
sufficient remedial action. This shall not apply after the period for which it was
the tender participant convicted to ban the performance of
public contracts or participate in concession management.
(2) remedial measures can be particularly
and the payment of any amounts due or) arrears,
(b) a replacement for the injury caused by) the perpetration of the criminal offence, or
malpractice,
c) active cooperation with the authorities of carrying out investigations, surveillance, surveillance
or review, or
(d)) the adoption of technical, organizational or personal preventive
measures against crime or misconduct.
(3) the contracting authority shall assess whether the corrective measures of the participant
the tender considered to be sufficient to restore the eligibility of
supplier with regard to the seriousness and the particular circumstances of the offence
or other misconduct.
(4) if the contracting authority comes to the conclusion that the eligibility of the participant
the procurement procedure has been restored, it will not exclude from the procurement procedure
or previous participant of the tender cancelled.
§ 77
Professional requirements
(1) the supplier meet professional competence in relation to the United
Republic by presenting the extract from the commercial register or other similar
evidence, if another law requires writing to such evidence.
(2) the contracting authority may require that the contractor has submitted a document that is
and shall be entitled to take in the range) corresponding to the subject of the contract
If other legislation require such permission,
(b) a member of a professional self-governing Chamber) or other professional organisations,
If such membership for the performance of public service contracts in other
the legislation required, or
c) competent or has the person through which the
professional competence, if the performance of the contract
the competence of the other law required.
(3) the documents referred to in paragraph 1 or 2, the contractor may not submit, if
legislation in the country of its establishment similar to professional requirements
they do not require.
Section 2
The economic qualifications
§ 78
The criterion of economic capacity and its demonstration
(1) the contracting authority may require that the minimum annual turnover of the supplier or
the turnover achieved by the supplier with regard to the subject of the contract
the contracting authority was the minimum level within a maximum of 3
immediately preceding financial year; If the supplier was
later, it is sufficient if the information on your turnover in the amount required for the
all accounting periods since its inception.
(2) the condition of the minimum amount of annual turnover must not exceed twice the
the estimated value of a contract. In the case of a procurement procedure, in
where a framework agreement is to be concluded with the renewal of the competition, this
the condition of more than twice the average projected values
public procurement, which will be carried out on the basis of the framework agreement
at the same time, or, if not known, twice the projected values framework
the agreement. In the case of a procurement procedure, in which it is to be introduced to the dynamic
purchasing system shall not exceed twice the maximum this condition
the projected values of the individual contracts to be in
dynamic purchasing system specified.
(3) paragraph 2 shall not apply in cases duly justified by the contracting authority
they are, in particular, the special risks arising from the nature of the supplies,
services or works.
(4) If a contract is broken up into parts, the contracting authority shall lay down the
the economic condition of qualification for each part separately. However, the contracting authority
may lay down a condition of economic qualification referring to parts of the files
in the case that the selected vendor will be entered several parts at a time.
(5) the contractor proves that the turnover of the profit and loss statement of the supplier or
a similar document under the laws of the country of registered office of the supplier.
(6) the contracting authority shall not be entitled to require economic qualifications in the case of
public service contracts referred to in section 71 of the main dictionary
a single classification system.
Section 3
Technical qualifications
§ 79
The criteria of technical competence and their demonstration
(1) the criteria of technical competence, the sponsor shall determine for the purpose of
the demonstration of human resources, technical resources or expertise
and experience required for the performance of the contract in the appropriate
quality. The contracting authority may consider the technical qualifications for the
unproven, unless he proves that the supplier has conflicting interests that
could adversely affect the performance of the contract.
(2) to demonstrate the technical qualification criteria the contracting authority may require the
and a list of the works provided by) for the last 5 years prior
the start of the procurement procedure including certificate of the customer as to the proper
grant and completion of the most important of these works; the contracting authority may
lay down that documents are taken into account even for a period longer than the past 5
years before the start of the procurement procedure, if this is necessary for
ensure an adequate level of competition,
(b)) list of notable or significant supplies of services by a
the last 3 years before the start of the procurement procedure, including indication of prices and
the time of their delivery and the identification of the customer; the contracting authority may
lay down that documents are taken into account even for a period longer than the last 3
years before the start of the procurement procedure, if this is necessary for
ensure an adequate level of competition,
(c)) the list of the technicians or technical bodies involved, which will participate in the
performance of the contract, in particular those that provide control of
the quality or the construction works will be carried out, regardless of whether it is a
employees of the supplier or of the person in a different relationship to the vendor,
(d)) of the certificate of education and professional qualifications relating to the
the required supplies, services, or construction works, both in relation
to individuals who can supply, service or works
to provide, in relation to their managers,
e) description of the technical equipment, a description of the measures to ensure the vendor
quality or description of facilities for research,
f) overview of supply chain management and monitoring systems
the supply chain that the supplier will be able to apply in carrying out
public procurement,
g) conduct inspections of the technical capacity by the contracting authority or on its behalf
the responsible official body in the country of the seat of the vendor, and, if necessary,
also perform checks on measures relating to quality assurance and
research, and all this provided that the services to be provided,
are complex or are required for a special purpose, completely
h) management measures from the perspective of environmental protection,
that the supplier will be able to use in the performance of the contract,
I) an overview of the average annual number of employees of the supplier or the number of
Executive employees of the contractor or persons in a similar position for the
the last 3 years,
(j) an overview of the tools or utilities), the operational or technical equipment
that will have the supplier in the performance of public contracts available
k) samples, descriptions and/or photographs of products intended for delivery to, or
l) document proving the compliance of the desired product with the desired
technical standard or technical document.
(3) if the contracting authority has not provided otherwise in the tender dossier shall be deemed
the period referred to in paragraph 2 (a). and a) and b) have been met if the shipment was,
services or works referred to in the corresponding list in the course of this
time completed; This does not apply for contracts for which regular nature for
the purpose of the demonstration of the technical qualification considered decisive range
the contract implemented during the period referred to in paragraph 2 (a). a) and (b)).
(4) unless otherwise provided in the contract documents, the contracting authority is otherwise, the supplier may
to demonstrate compliance with the criteria for qualification referred to in paragraph 2 (a). and) or
(b)) to use the supplies, services or works provided by the
and) together with other contractors, in so far as the implementation of
the contract was involved, or
(b)) as a sub-supplier, the extent to which the performance of the supply,
services or works.
(5) equivalent to demonstrate the criteria referred to in paragraph 2 (a). and)
and (b)) is especially with the customer and proof of performance
vendor.
(6) in the event that proof of the requisite technical capability is not
in the presentation of the evidence, the contracting authority is obliged to provide the supplier
appropriate synergies and the opportunity to demonstrate of this part of the technical criteria
qualification.
§ 80
Standards for quality assurance and environmental management standards
(1) if the contracting authority for the purposes of demonstrating the technical competence criteria
According to § 79 paragraph 2. 2 (a). e) requires compliance with regulatory standards to ensure
the quality, including the standards relating to accessibility for people with
disabilities, will refer you to quality assurance systems based on the relevant
a number of European standards that are certified by accredited bodies.
(2) if the contracting authority for the purposes of establishing criteria of technical competence
According to § 79 paragraph 2. 2 (a). h) requires compliance with system or standards
environmental management, a reference to the environmental management system and
the European Union audit scheme (EMAS) or other environmental systems
control of recognised in accordance with regulation directly applicable European Union ^ 27)
or other environmental management standards based on the relevant
European or international standards adopted by accredited
bodies.
Section 4
Provisions common to qualify
§ 81
Proof of qualification obtained abroad
In the case of a foreign qualification, proof that the
documents issued under the law of the country in which it was acquired, and it
to the extent required by the contracting authority.
§ 82
In the case of joint participation qualification of suppliers
In the case of joint participation of vendors demonstrating basic competence and
professional competence referred to in § 77 para. 1 each vendor separately.
section 83
Proof of qualification through other people
(1) the supplier can demonstrate a definite part of the economic qualification,
technical qualifications or professional competence with the exception of the criteria
According to § 77 para. 1 required by the contracting authority through other people.
In this case, the supplier is obliged to submit to the contracting authority
and) documents proving the fulfilment of professional competence referred to in § 77 para. 1
another person,
b) documents proving the fulfilment of the missing parts of the qualification
through another person,
(c) evidence of compliance with Basic) eligibility pursuant to § 74 of another person, and
(d) a written undertaking by another person) to provide the performance specified for the performance
public contracts or to provide the goods or rights, which will be
the supplier shall be entitled to dispose of the under performance of the contract,
at least in the extent to which the other person has demonstrated the qualification for
vendor.
(2) it is considered that a request referred to in paragraph 1 (b). d) is met,
If the content of a written undertaking by other persons is joint and several
the responsibility for performance of the contract, together with the
by the supplier. However, if the supplier proves through another person
qualifications and shall present the documents referred to in § 79 paragraph 2. 2 (a). a), b) or (d))
related to such a person, the document pursuant to paragraph 1. (d))
include a commitment that the other person will carry out construction work or
services that are rendered to the qualification criterion applies.
(3) the contracting authority may, in the specifications require that the supplier and
the other person, whereby the supplier demonstrating economic
the qualifications under section 78, bear the joint and several liability for the
performance of the contract.
§ 84
Common proof of qualification
The contracting authority may lay down in the tender documents for more detailed rules for the
proof of professional competence pursuant to § 77 para. 2, economic
qualifications or technical qualifications, if the suppliers participating in the
the procurement procedure jointly or demonstrate skills through
other people; However, the contracting authority may not exclude the rules set out in section 82, and
83. If the contracting authority has not stipulated otherwise, showing suppliers and other persons
qualification together.
§ 85
The requirement to demonstrate the qualifications poddodavatele
(1) the contracting authority may request that the participant submit tender
documents proving the basic eligibility under section 74 and professional
eligibility under section 77 of its poddodavatelů. In this case, is
the contracting authority is obliged to tender documents to determine the extent of the required
the eligibility criteria, the way their demonstration and possible penalties for
failure to comply with the obligation to replace the poddodavatele referred to in paragraph 2.
(2) the contracting authority may require the replacement of the poddodavatele, which does not prove
meet the eligibility criteria, required by the contracting authority, or for which
the sponsor can prove reasons of incompetence pursuant to section 48 para. 5.
this case, the vendor must poddodavatele replaced by
the end of the reasonable period laid down by the contracting authority. This time limit, the contracting authority may
to extend or waive the default judgment.
(3) if it doesn't replace the poddodavatele referred to in paragraph 2 and the tender
procedure is not completed by that time, the contracting authority may award the participant
proceedings exclude.
§ 86
Qualifications
(1) in order to demonstrate the qualifications required by the contracting authority as a priority
documents registered in the system, which identifies the documents to prove the
meet the qualifications (e-Certis).
(2) if the contracting authority has not provided otherwise in the tender dossier, it may
the supplier of the request to participate, the preliminary offer or quote, replace the
submission of documents affidavit. The supplier may always replace the
required documents a common European certificate for public contracts.
(3) before concluding the contract, the contracting authority from the selected vendor's always
requests the submission of originals or certified copies of documents for qualifications,
If you have not already in the tender submitted.
(4) the contractor is not obliged to submit to the contracting authority the documents certifying
the facts contained in the single European certification for public
the contract if the contracting authority shall inform him that he is already presented in the previous
the tender.
(5) documents proving the basic eligibility under section 74 and professional
eligibility under § 77 para. 1 have to demonstrate compliance with the desired
the eligibility criteria, not later than 3 months before the date of the initiation of the
the procurement procedure.
§ 87
Uniform European certificate for public procurement
(1) the single European certificate for a public contract for the purposes of
This Act means a written affidavit participant award
the procedure for proving his qualifications, including by means of another person,
replacing documents issued by public authorities or third parties
on a form opened in the information system of e-Maintenance.
(2) European single contract fulfilled
conditions of participation, where appropriate, the criteria for the reduction of the number of participants
the procurement procedure.
§ 88
Changes to the skills of the participant of the tender
(1) If, after submission of documents or the statement of qualifications occurs
during the procedure to change the qualification participant award
proceedings, the participant is obliged to tender the contracting authorities to this change
5 working days report and within 10 working days from the notification of this change
to submit new documents or statements to qualify; the contracting authority may
These time limits to extend or waive their judgment. The obligation under
the first sentence of the tender participant does not arise, if the rating is
amended in such a way that
qualifications are a) the conditions continue to be met,
(b) not to affect the criteria) for a reduction in the number of participants of the procurement
control or menu bar, and
(c) not affect the criteria) evaluation of tenders.
(2) if the contracting authority, that the contractor has not fulfilled the obligation referred to in
paragraph 1, the contracting authority, without delay, it excludes from the procurement procedure.
Part 2
Technical conditions for above-limit mode
§ 89
(1) the technical conditions are requirements for the properties of the subject of public
the contract, which the contracting authority shall, by
and representing the requirements for the parameters) performance or functional description of the purpose
or needs to be filled,
(b)) a reference to standards or technical documents, or
c) link to the labels.
(2) the technical conditions may also include the characteristics of the
point of impact on the environment.
(3) the technical conditions may also refer to the specific production
the process or method of provision of the requested works, supplies
or services, or to a specific process with different phases of their
life cycle, even when these factors are not included in
their material substance, provided that the subject matter of public
contract and are proportionate to its value and its objectives.
(4) in the case of public contracts for services or works may
the contracting authority shall indicate in the contract documents the administrative authority or other body,
where can contractors obtain information on the obligations of
resulting from legal instruments relating to the protection of employees and
working conditions, protection of the environment, taxes, fees or
other similar pecuniary applicable in the place in which they are to be
provided services or works which relate to these
services or construction work; the supplier must this information when
quotations take into account and shall indicate this in the menu.
(5) unless justified by the subject of the contract, the contracting authority shall not
favour, or creating a disadvantage for certain vendors or products by
technical conditions by means of direct or indirect
the reference to
and certain vendors or products), or
(b)) patents on inventions, utility models, industrial designs, trademarks
or a designation of origin.
(6) the reference in paragraph 5 (b). and (b)), or the contracting authority may use),
If determining the technical conditions referred to in paragraph 1 cannot be
sufficiently accurate or understandable. For each such link
the contracting authority shall indicate the possibility of offering equivalent solutions.
§ 90
Standards or technical documents
(1) if the contracting authority lays down the technical conditions through the link
the standards or technical documents, it is in this order
and Czech technical standards) ^ 28) transposing European standards adopted
the European standardisation bodies and made available to the public,
(b)) of the European technical assessment ^ 29),
(c) the technical specifications in the) General information and communication
technology according to art. 13 and 14 of the regulation of the European Parliament and of the Council
Regulation (EU) no 1025/2012 of 25 June. October 2012 on European standardisation, change
Council Directives 89/686/EEC and 93/15/EEC and the directives of the European Parliament and of the
Council Directive 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC,
2007/23/EC, 2009/23/EC and 2009/105/EC and repealing Council decision
87/95/EEC and European Parliament and Council decision No 1673/2006/EC,
(d)) of the international standards accepted by the international standardisation bodies, and
available to the public,
e) technical documents issued by the European standardisation bodies, the procedure
adapted to the development needs of the market, which is not a European standard.
(2) if it is not possible to refer to the standards or technical documents according to the
paragraph 1, the contracting authority may refer to
and Czech technical standards),
(b) building technical attestation) ^ 30), or
(c)) the national technical specifications relating to the design, assessment and
building and construction works and the use of the products.
(3) for any reference to standards or technical documents referred to in paragraph 1
or 2, the contracting authority shall indicate the possibility of offering equivalent solutions.
(4) the contracting authority may link to standards or technical documents according to the
paragraph 1 or 2, used as a means of verifying compliance with the requirements
the contracting authority pursuant to § 89 paragraph 1. 1 (b). and the technical conditions may.)
the contracting authority shall also lay down the form of the combination of the requirements referred to in § 89 paragraph 1. 1
(a). and reference to standards) or the technical documents referred to in paragraph 1
or 2.
§ 91
(1) if the contracting authority lays down the technical conditions with the use of a reference to
standards or technical documents pursuant to § 90 para. 1 or 2, shall not
to reject a tender on the ground that supplies, services offered, or building
the work is not in accordance with the conditions laid down, if the supplier
It proves that offered the supplies, services or works meet the
in an equivalent manner the requirements defined by such technical
terms and conditions. This fact is a supplier in its tender, the appropriate
means of proof, and in particular the technical documentation of the manufacturer or
document under section 95.
(2) if the contracting authority lays down the technical conditions in the form of requirements for the
performance or functional requirements, it may not refuse to supply, service or offered
the works, which are in conformity with the standards or technical
the documents specified in § 90 para. 1 or 2 If these documents
contain the specified requirements of the contracting authority on performance or function. This
the fact a supplier in its tender, the appropriate means of proof, and it
in particular, the technical documentation of the manufacturer or a document under section 95.
§ 92
Technical conditions of public works contracts
(1) it is considered that the technical conditions are set out in detail
necessary for vendor participation in a tender procedure if the input
documentation of the public works contracts has
and to the extent) documentation by a decree of the Ministry for regional
the development and
(b)) an inventory of the works, supplies and services, with a summary of the Bill in the range of
as provided for by Decree of the Ministry for local development.
(2) the Documents referred to in paragraph 1 may be partially or entirely replaced by
other requirements for performance or functionality.
§ 93
Terms of accessibility
(1) if the subject of the performance of the contract intended for the use of natural
persons, the contracting authority shall take into account in the determination of technical specifications
the accessibility of the subject of the contract to persons with disabilities,
If they do not render objective circumstances.
(2) if the mandatory requirements on accessibility for people with
disability modified the EU regulation, the contracting authority shall lay down the
the relevant technical conditions for a reference to this regulation.
§ 94
Tags
(1) if the contracting authority requirements on the characteristics of the supplies, services or
construction works, for example, from an environmental or
social, in the contract documents may require the submission of a
certification that the work, service or supply required
properties of the suit, if
and labelling requirements), the label only concern the criteria that
the subject matter of the contract,
(b)) are labels suitable for definition of the characteristics of works, supplies
or services which are the subject of the contract,
(c)) the conditions for the allocation of the label are based on objectively verifiable and
non-discriminatory criteria,
(d)) was a system for allocating labels introduced in open and transparent
procedure, on which they could participate in all relevant stakeholders
Parties, including public authorities, consumers, the social partners,
manufacturers, distributors, and non-governmental organisations,
e) labels are accessible to all persons interested, and
(f)) are the conditions for granting the label established by a person,
supplier requesting label cannot exercise a decisive influence.
(2) the contracting authority must accept any other appropriate label certifying that the
supplies, services or works meet equivalent requirements.
(3) if the vendor did not have the required option with proven or
equivalent labels to obtain and submit to the contracting authority, shall take any other
appropriate evidence that the supplies, services or works meet the requirements
on the label or the specific requirements laid down in the tender
documentation, such as a technical dossier of the manufacturer.
(4) the contracting authority may require that only some of the properties
Certified label.
(5) If the label certifies (i) properties that are not related to the subject
public contracts, the contracting authority may not require a label, however, it may require
certificate of technical characteristics by reference to individual specifications
the label, which are related to the subject of the contract and are suitable for
define its properties.
§ 95
Test reports, certificates, and other documents
The contracting authority may as proof of conformity with the requirements or criteria set out
in the contract documents require the submission of test reports or
a certificate issued by a person who carries out activities in the area of assessment
compliance, including calibration, testing, certification and inspection, and that
meets the requirements of the regulation directly applicable European Union ^ 31).
Part 3
Common provisions on procurement conditions for above-limit mode
§ 96
Availability of procurement documents
(1) the contracting authority shall publish the tender documents with the exception of the forms referred to in
section 212 and the challenges referred to in annex 6 to this Act on your profile
the contracting authority, after the date of publication of the notice of initiation of the procurement procedure
or from which the invitation to submit a request for participation pursuant to § 58 para. 5
at least until the end of the period for the submission of tenders; It does not apply to rules
procedure without prior publication.
(2) if any part of the specifications cannot be made available by
paragraph 1, for the reasons set out in section 211 para. 3 (b). a), b) and (d)) or
in the case of the procedure under § 36 odst. 8, the contracting authority may appropriate part
the contract documents to provide other suitable means. In such a
If the contracting authority sends or forwards the relevant part of the tender
documentation not later than within 3 working days from receipt of the request
the supplier of its disclosure. The provision of the relevant part of the tender
documentation may be subject to only the costs referred to in paragraph 4
or in the case of the procedure under § 36 odst. 8 the adoption of reasonable measures
to protect the confidential nature of the information.
(3) in the notice of the initiation of the procurement procedure or the request referred to in
Annex No 6 to this Act the contracting authority must indicate the Internet address of the
profile of the contracting authority, that the tender documentation is available. If
some part of the tender documentation will be provided in accordance with paragraph 2,
must be in the notice of the contract notice or in the invitation referred to
Annex No 6 to this Act shows the information about the method and conditions
the provision of the relevant part of the tender documents.
(4) payment of costs for the provision of the appropriate section of the specifications
may only be required to the amount of the usual cost of the her reproduction, packing
and postage.
§ 97
A tour of the place of performance
Make it possible to sponsor a tour of the place of performance, the contract documents
and the tours so) so that you can make a tour
at the latest 10 working days before the deadline for the submission of tenders,
(b)) shall specify the period for submission of tenders so that it is always longer than the
the minimum period provided for the respective type of procurement procedure.
§ 98
Explanation of the specifications
(1) the contracting authority may contract documents to explain, if such
the explanation, or related documents, publish on your profile
the contracting authority,
and) at least 5 working days before the deadline for the submission of
participation, the indicative tenders or tenders, or
(b)) in cases where the time limit for submission of tenders is truncated under § 57
paragraph. 2 (a). (b)) or section 59 paragraph 1. 5, at least 4 working days before the
the deadline for the submission of requests to participate, the indicative tenders or
menu bar.
(2) If an explanation of tender documentation refers to the parts of the input
documentation, which is neuveřejňují according to § 96 para. 2, sends them or
the contracting authority shall transmit to all suppliers who have submitted a request to the appropriate section of
the tender documents; paragraph 1 shall not apply.
(3) If an explanation in writing, the supplier shall request the tender documents,
the contracting authority shall publish the explanation, sends or forwards including the exact text of the
the application without identification of the vendor. The contracting authority is not obliged to
explanation to provide, unless a request for an explanation is delivered in a timely manner, and
at least 3 working days before the expiry of the time limits referred to in paragraph 1. If
the contracting authority shall, upon request, an explanation that is not served in time, explaining the
provide, need not comply with the time limit referred to in paragraph 1.
(4) if the request for clarification of the tender dossier is delivered on time and
the contracting authority does not, does not send or explanation does not pass within 3 working
days, extend the time limit for the submission of tenders by at least as many working days,
how much exceeded the time from receipt of the request for clarification of the tender
the publication of the documentation, send or forward an explanation of 3 working
days ago.
(5) If, together with an explanation of the specifications made by the contracting authority
and change of terms of reference, shall proceed under section 99.
§ 99
Modification of or additions to the contract documents
(1) the specifications contained in the contract documents the contracting authority may
amend or supplement prior to the deadline for the submission of requests to participate,
preliminary bids or tenders. Change or addition of tender
documentation of the conditions must be published or communicated to the suppliers
in the same way as a tender condition that has been modified or
added.
(2) where the nature of additions or changes to the tender documents requires
the contracting authority shall be extended accordingly at the same time limit for the submission of applications for
participation, the indicative tenders or tenders. In the event such changes or
additions to the specifications, which may extend the range of potential
the participants of the tender, the contracting authority will extend the deadline so that from
submit changes or additions to the tender documents amounted to at least a
its original length.
§ 100
Reserved changes to the liability
(1) the contracting authority may reserve a change in the specifications of the commitment
of the contract or framework agreement, if the terms of
for this change, and its contents are clearly defined, and the change does not alter the
the overall nature of the contract. Such a change may involve a range
the supplies, services or works, prices, or other business or
technical conditions.
(2) the contracting authority may reserve a change in the specifications of the supplier
in the course of the performance of the contract, if the conditions for this change and
How to specify a new vendor clearly defined.
(3) the contracting authority may reserve the option in the contract documents the use of the
negotiated procedure without publication to provide new services or
new works selected by the supplier, provided that the
and) the conditions for new services or new construction work conforms to the
conditions for the use of the negotiated procedure without publication in accordance with § 66,
(b)) with an estimated value of new services or new construction work
does not exceed 30% of the estimated value of public contracts and
(c)) shall be indicated in the tender documents and the scope of the time estimated for the provision of
new services or new construction work.
§ 101
The Division of public procurement on the part of the
(1) if the contracting authority in the contract documents shall divide the public works contract
section, the contracting authority shall proceed when choosing a vendor in each part of the
separately, unless otherwise stipulated.
(2) the contracting entity in the notice of the contract notice or in the invitation to
submission of the application for participation pursuant to § 58 para. 5 lays down that the supplier may
submit a bid for one, for several or for all of the parts of the contract.
(3) if the tender is accepted into multiple parts, the contracting authority may
notice of the contract notice or in the invitation to submit a request for
participation limit the number of parts that can be used to enter one participant award
control. In such a case, the contracting entity shall define the rules for the selection of parts,
that party will be assigned during the procurement procedure, which
otherwise, the rules for the assessment should be specified in multiple parts.
(4) if one can be participant of the tender to enter more parts, you may
the contracting entity in the notice of the contract notice or in the invitation to
the submission of requests to participate shall lay down the rules for determining which parts
reserves for possible entry to one party involved in the procurement procedure.
§ 102
Variants
(1) if permitted by the nature of the subject of the contract, the contracting authority may
allow or require the submission of a preliminary menu menu variants
or solutions; otherwise, there are variations possible.
(2) the contracting authority may accept or require only such variants
directly linked to the subject of the contract.
(3) If variants are allowed or required, the contracting authority shall state in the
the contract documents the minimum technical conditions that the variants
comply, and unique requirements for their presentation.
(4) in the case of an admission is obligated to provide for such a
evaluation criteria, through which it is possible to evaluate how
menu with variants, so menus that do not include variants.
(5) variant of the menu must not be found in the tender
not meeting specifications, therefore, that in the case of public works contracts
the delivery has been changed to the public service contract, or that
the case of a public service contract has been changed to a public works contract
the shipment.
§ 103
Conditions for Assembly and submission of tenders
(1) if the offer to be evaluated, the contracting authority in the contract documents
and must require the submission of data), documents, samples or models,
It needs to the evaluation of proposals under section 114,
(b) require submission of data), documents, samples or models,
It needs to meet the conditions for participation in a procurement procedure,
(c)) shall determine the form and manner of submission of tenders; in the case of electronic
tenders shall designate an electronic tool for their submission,
d) may require the production of data on the structure property of the participant
the procurement procedure or its poddodavatele,
e) may require that suppliers in the tender name, or
first and last names and professional qualifications of the staff to be
responsible for the performance of the contract, in the case of a public works contract
services, works or supplies, which includes location, or
Assembly,
f) may require that in cases of joint participation of suppliers in the menu
kindly, what will be the allocation of liability for performance of the contract;
the contracting authority may require that the responsibility they carried all vendors
submitting a joint bid jointly and severally.
(2) the contracting authority may provide the recommended way to handle the deals.
(3) in the case of public works contracts, the project activity
in contests or the contracting authority may state in the contract documents
mandatory requirement on use of special electronic formats including
information modelling of structures and tools include content requirements,
the structure or format of the data. If these formats are not readily available,
to them, the contracting authority shall ensure that suppliers can access.
(4) paragraphs 1 to 3 shall apply mutatis mutandis to the determination of the conditions for the other
acts that affect the vendor's participation in a procurement procedure.
§ 104
Further conditions for the conclusion of the contract
(1) the contracting authority may request the tender documents from the selected
vendor as further conditions for the conclusion of the contract
and) submission of documents or samples relating to the subject of performance
public contracts or the qualifications of the supplier,
(b)) the successful outcome of the tests of the samples,
(c)) the presentation of a document establishing the ability of a vendor to secure
protection of classified information ^ 5), if it is to perform the contract
necessary,
(d) the adoption of specific forms of cooperation) pursuant to § 37 para. 4, or
(e) closer cooperation conditions) before concluding the contract.
(2) the contracting authority is obliged to in the contract documents require the selected
the vendor who is a legal person, that as a condition for the conclusion of the
the Treaty submitted
and) the identification of all persons that are its real owner
According to the Act on certain measures against the legalization of proceeds of crime
the activities and the financing of terrorism,
(b)) documents, which show the relationship of all persons referred to in subparagraph (a))
suppliers; the following documents are particularly
1. extract from the commercial register or other similar evidence,
2. the list of the shareholders,
3. the decisions of the statutory authority for the payment of profit sharing,
4. the partnership agreement, the memorandum or articles of Association.
§ 105
Use poddodavatele
(1) the contracting authority may require, in the tender dossier to the participant
procurement procedure in menu
and part of the contract) that it intends to meet through
poddodavatelů, or
(b) a list of the poddodavatelů), if you are a participant in the procedure for the
management of known and stated that part of the contract, each of the
poddodavatelů to perform.
(2) in the case of public contracts for services or construction works, or in the
the case of public supply contracts involving the location of the installation, or
in the contract documents the contracting entities may require that the contracting authority
designated significant activities in the performance of the contract are fulfilled directly
the selected supplier.
(3) in the case of public works contracts and public supply contracts
the services to be provided in an establishment under the direct supervision
the contracting authority is obliged to submit the selected vendor sponsor
identification poddodavatelů of the works or services,
and at the latest within 10 working days from receipt of the notice of selection
the supplier, if he is renowned for. Poddodavatelé, who have not been
identified under the first sentence and who subsequently engage in the performance of
public procurement, must be identified, prior to the implementation of
public procurement poddodavatelem.
(4) the contracting authorities may provide for an obligation in the tender dossier in accordance with
paragraph 3 also
a) for procurement of supplies or services not specified in paragraph 3,
or
(b)) for the poddodavatele in the other levels of the supply chain.
(5) the obligation referred to in paragraph 3 or 4 shall be deemed to be fulfilled if the
the information is given in the construction by another legal journal
prescription ^ 32).
Section 106
Payment poddodavatelům
The contracting authority may impose conditions in the tender dossier, in the
meeting will be at the request of poddodavatele converted the amount due payment
public contracts directly poddodavateli, this shall not affect the other legal
regulations.
TITLE IX OF THE
THE PROGRESS OF THE PROCEEDINGS AFTER THE SUBMISSION OF TENDERS FOR THE ABOVE-LIMIT MODE
§ 107
Menu
(1) tenders shall be submitted in writing and in electronic form
through the contracting authority provided for electronic instruments (hereinafter
"the offer in electronic form") or in paper format.
(2) in paper form must be received in a sealed envelope properly
marked the name of the contract.
(3) the contractor may submit only one tender offer. Menu
containing the variants under § 102 is considered one offer.
(4) the supplier who has made an offer in the tender, shall not be
at the same time the person through which the other supplier in the same
award procedure proves the qualification.
(5) the contracting authority shall exclude the participant of the tender, which made more
the menus separately or together with other vendors, or made a
menu, and at the same time is the person through which the other participant
the procurement procedure in the same award procedure proves the qualification.
(6) paragraphs 1 and 3 to 5 shall apply mutatis mutandis to the preliminary offers.
section 108
Opening of tenders
(1) the contracting authority performs the opening of tenders, which submitted the participants
the procurement procedure.
(2) the contracting authority shall open the offer before the expiry of the period for the submission of
menu bar.
section 109
Opening of tenders in electronic form
(1) the opening of the tenders in electronic form means the making available of
its content to the sponsor. Offers in electronic form opens
the contracting authority after the deadline for the submission of tenders.
(2) the contracting authority controls the opening of the tenders in electronic form,
whether the offer has been delivered within the prescribed period, whether it is authentic and whether
a data message containing the quote was not before opening
tampered with.
§ 110
Opening of tenders in paper format
(1) the opening of the tenders submitted in paper format shall be in the form of
opening of envelopes with bids, which have the right to participate in the participants
the procurement procedure and the other persons so provided by the contracting authority.
The contracting authority shall initiate the opening of envelopes without undue delay after the expiry of the
deadline for submission of tenders. However, if the tender is to be
implemented the electronic auction, held the opening session without the presence of
the participants of the tender.
(2) the sponsor during the opening session, checks whether the bids were
delivered in due time and in accordance with § 107 para. 2.
(3) the sponsor shall notify the persons present identification data of participants
the procurement procedure and the data of the corresponding numerically vyjádřitelným
the assessment criteria. This does not apply in relation to information on bidding price
or, if the contracting authority's costs in the procurement documents, reserved
the following information must be provided in a separate envelope, which will be the contracting authority
Open the evaluation quality criteria; in this case, the
opening of envelopes with the offering price or cost data used
rules for opening the envelopes accordingly.
(4) if the contracting authority within the time limit for the submission of tenders received as envelopes
with menus in paper form and in electronic form, menu
shall notify the contracting authority at the beginning of opening of envelopes present persons details
pursuant to paragraph 3 of the offerings in electronic form and then continues
opening session submitted in paper form.
(5) the opening of envelopes with the contracting authority shall draw up a written report offers,
that will contain the list of offers that were opened, along with the data
in accordance with paragraph 3.
§ 111
The reduction in the number of participants of the tender
(1) the contracting authority may reduce the number of participants of the tender, if so
be laid down in the notice of the contract notice or in the invitation referred to in
Annex No 6 and at the same time indicating the minimum number of participants of the procurement
control, which prompts for the receipt of tenders and the criteria to reduce the number of
the participants of the tender.
(2) the minimum number of participants fixed in accordance with the tender
paragraph 1 shall ensure sufficient competition and is at least
3 participants of the tender.
(3) as the criteria for a reduction in the number of participants of the tender
the contracting authority shall lay down the criteria of technical competence.
(4) the reduction in the number of participants of the tender, the contracting authority will perform according to the
degree of filling levels of criteria to reduce the number of participants of the procurement
control so that the number of invited participants of the tender to be matched
the number of or the manner of its establishment, who stated in the notice of initiation
the procurement procedure or in the invitation to submit a request for participation. In the case that
the number of participants of the tender was lower or equal to the minimum
the number of participants, reducing the number of procurement procedure is not performed, and
the contracting authority may continue the procurement procedure.
(5) unless otherwise stipulated, the contracting authority is authorized to perform
the reduction in the number of participants of the tender in the open or in a narrower
control.
§ 112
Reducing the number of indicative tenders or solution
(1) the contracting authority may reduce the number of indicative tenders in the negotiated procedure with
by posting or solutions in the management of the competitive dialogue, if so
down in the contract documents and at the same time shall indicate the criteria for the reduction of
the number of tenders.
(2) as the criteria for reducing the number of indicative tenders or solution
the contracting authority shall lay down the quality criteria set out for tender.
(3) After the reduction of the minimum number of quotations or solution to ensure
sufficient competition and must be at least 3 preliminary
menu or the solution, if there is enough available indicative tenders
or solutions.
(4) the contracting authority after the implementation of the reduction of the number of indicative tenders or
the solution eliminates those participants of the procurement procedure, the preliminary
menu or the solution have not been chosen in accordance with paragraph 3.
§ 113
Abnormally low tender price
(1) the examination of abnormally low tender price, the contracting authority shall, before
by sending notice of the selection of the supplier.
(2) the contracting authority may lay down in the tender dossier
and the price or cost), which will be considered as abnormally low
the offer price, or
b) determining the abnormally low tender prices.
(3) in the case referred to in paragraph 2 is not ruled out that the sponsor has assessed the
the offer price or the cost as an extremely low bid price in
cases other than those referred to in paragraph 2 (a). a) or (b)).
(4) the contracting authority shall request the participant of the tender of a written justification
the way of setting extremely low offer prices. Application of justification
extremely low bidding prices shall be deemed under section 46, it can be
complement and repeatedly. In the request for abnormally low
the offer price, the contracting authority must require the party to the contract award procedure
confirmed that the
and) in performance of the contract shall ensure compliance with the obligations
resulting from legal instruments relating to the subject of public
the contract, as well as the labour legislation and collective agreements
applicable to the employees who will be involved in the performance of
public contracts and
(b)) did not receive an unjustified public support.
(5) the participant of the tender must clarify the extremely low
the offer price to confirm the fact, referred to in paragraph 4. Extremely low
the offer price of the tender participant may also be justified in particular
through
and) economic aspects of the manufacturing process, of the services provided or
design methods,
(b) the technical solutions or) used exceptionally favourable conditions
that is a participant of the tender available for the fulfilment of the public
of the contract, or
(c)) the originality of the work, supplies or services.
(6) the contracting authority shall examine the clarification of extremely low offer prices.
Participant of the tender, the contracting authority will exclude if from clarification
extremely low offer prices indicates that
and) tender price is abnormally low tender price for violations of the
the obligations referred to in paragraph 4 (b). and)
b) tender price is extremely low because of the public support and
participant of the tender is not able to prove to the contracting authority, to the prompt
that public support has been provided in accordance with the provisions of the European
Union ^ 33); If a participant is excluded from this procurement procedure
because of this fact, the contracting authority shall inform the European Commission, or
(c)) does not contain confirmation of facts referred to in paragraph 4.
TITLE X
EVALUATION OF THE TENDERS IN THE UPPER MODE
Part 1
Economically advantageous offers
section 114
(1) in the contract documents, the contracting authority shall provide that the menu will be
evaluated according to their economic advantage.
(2) the Economic benefit of the tenders shall be evaluated on the basis of the best
the ratio of price and quality, including the cost of the life cycle, and
the quality. The contracting authority may also evaluate feasibility of tenders
based on the lowest price or lowest life cycle costs.
(3) the contracting authority shall not provide economic benefit solely on the basis
lowest offer price
and with competition management) in the dialogue or in proceedings on innovation
partnership, or
(b)) in the case of public contracts for services listed
1. in section 71 of the main dictionary to a single classification system,
or
2. in the category of 1 or 5 in annex 4 to this Act.
section 115
Rules for the evaluation of tenders
(1) in the contract documents, the contracting authority shall lay down the rules for the
evaluation of the tenders, which include
and) evaluation criteria,
(b)) method of evaluating bids in each of the criteria and
c) weight or other mathematical relationship between criteria.
(2) if the contracting authority is not objectively able to establish weight or other
the mathematical relationship between the criteria, list them in
descending order of importance to them.
(3) if the contracting authority does not provide otherwise, decisions of the evaluation of tenders for
the contracting authority, that
and) is a payer of value added tax, price without value added tax,
(b)) is not a payer of value added tax, price with value added tax.
§ 116
Quality criteria
(1) for the evaluation of the quality of evaluations is
the contracting authority shall lay down the criteria that reflect quality,
environmental or social considerations linked to the subject of public
of the contract.
(2) the quality Criteria may be especially
and technical level),
b) aesthetic or functional characteristics,
c) user accessibility,
d) social, environmental or innovative aspects,
e) organisation, qualifications or experience of the persons who are directly
participate in the performance of the contract in the event that the level of performance has
a significant impact of the quality of these people,
(f)) the level of service, including technical assistance, or
(g) the conditions and the time of delivery) or completing transactions.
(3) quality criteria must be defined so that they offer
they can be comparable and verifiable fulfillment of criteria. Criterion
quality must not be terms and conditions whose purpose is to establish
the supplier's obligations or the terms of payment.
(4) the contracting authority may also provide for a fixed price and rate only the quality of the
the offered benefits.
(5) it shall be deemed that the quality criteria are related to the subject of public
the contract, if they relate to any stage of the life cycle of the subject
public procurement contracts.
§ 117
Life cycle costs
Life cycle costs must include the offer price and may
include
and the cost of the contracting authority or other) users throughout the life cycle
subject of the contract, which may be particularly
1. other acquisition costs,
2. costs related to the use of the subject of the contract
3. maintenance costs, or
4. the costs associated with the end of life, or
(b)) the costs caused by the impact on the environment that are associated with the
the subject of the performance of the contract at any time during its life
cycle, and in the case that you can quantify their monetary value; can
in particular, the cost of their emissions of greenhouse gases or other
pollutants or other costs to mitigate climate change.
§ 118
Method for the determination of life cycle costs
(1) in the event that the evaluation of the tenders are included the cost of the
cycle, the contracting authority in the contract documents the information to
the participants of the procurement procedure and the method by which the contracting authority
apply for determining life cycle cost based on these data.
(2) For assessing the costs under section 117 (a). (b) the client must use)
a method that is
and) based on objectively verifiable and non-discriminatory criteria,
(b)) accessible to all suppliers, and
(c)) based on the data that vendors can provide without
expending a disproportionate effort.
(3) the Government may by regulation establish common methods for determining costs
life-cycle and the extent of their use.
Part 2
The procedure for the evaluation of tenders
§ 119
(1) the contracting authority shall carry out an evaluation of the tenders in accordance with the rules for the evaluation of
the tenders indicated in the specification.
(2) the sponsor takes a written report on the evaluation of the tenders, in which
shall indicate the
and) identification of the procurement procedure,
b) natural persons who are involved in ratings; for these persons, the
consider, in particular, persons who carried out the evaluation of the tenders, including the members of the
the Commission, if it were drawn up by the contracting authority to assess, or invited
experts have been taken into account in the assessment of their conclusions,
(c) the list of menus and evaluated)
d) description reviews, from which it will be obvious
1. rated data of the relevant assessment criteria
2. a description of the evaluation of the data from the menus in the individual benchmarks,
3. a description of the comparison of values obtained in the evaluation of the individual
criteria of evaluation and
4. the result of the evaluation of tenders.
§ 120
Conditions for use of electronic auctions
(1) the contracting authority may, in the notice of initiation of the procurement procedure or in
call for the submission of requests to participate referred to in § 58 para. 5 reserve, that after
evaluation of tenders performs an electronic auction. In this case,
the contracting authority shall proceed, within the input control so that it is in their
electronic auction participants could not identify each other.
(2) Electronic auction, the contracting authority shall not apply in the cases referred to in
section 114 para. 3.
(3) the contracting authority may make use of the electronic auction in the case of public
contracts awarded in the dynamic purchasing system or on the basis of
the framework agreement.
(4) when the use of an electronic auction the contracting entity in the tender
documentation include at least
and that evaluation criteria) can be expressed in numbers and whose values
will be the subject of electronic auction,
(b) any restrictions on the values of the menu bar) the participants of the tender
the respective criteria of the assessment referred to in subparagraph (a)), which will be
submit in the course of the electronic auction (the "auction value"),
(c)) the information to be provided to the participants in an award procedure in
the course of the electronic auction, where appropriate, an indication of when such
information will be provided,
d) information on how electronic auction including the method
of termination pursuant to § 121 paragraph 2. 8,
e) conditions under which the participants will be entitled to an award procedure in
the electronic auction to submit new auction values, in particular the determination of the
the minimum differences for individual administration auction values, where
because of their nature, and
(f)) information related to the electronic tools and other
technical information necessary for electronic communication.
§ 121
The course of the electronic auction
(1) before proceeding with an electronic auction, the contracting authority is required to make
and an assessment of whether the menu) correspond to the entry conditions
(b) all participants) the exclusion of the procurement procedure, which establishes that they are
filled with reasons for exclusions according to § 48 para. 2 or can demonstrate
populate the reasons for ineligibility pursuant to § 48 para. 5 (b). a) to (c)),
(c)) the evaluation of tenders.
(2) After the evaluation of tenders, the contracting authority shall establish its results into electronic
the auction as the default status and invite all participants in the procurement procedure,
to submit a new auction values in an electronic auction. The challenge must be
sent electronically to the participants of the electronic auction.
(3) call the contracting authority referred to in paragraph 2 shall contain all the information
necessary for individual connection to electronic tools used
for the implementation of an electronic auction, the date and time of the start of the electronic
auction. If the information under the first sentence already in the tender
documentation, it is sufficient to provide a link in the invitation to tender documents.
(4) except in cases where the only criterion is the lowest
the offer price, it must call in paragraph 2 also contain
and evaluation of the relevant) the result of the participant's electronic auction
and
(b)) the mathematical formula that is used for electronic auction
determine automatic rerankings on the basis of the tenders of the new auction
values, and which must include all the criteria laid down for the evaluation
menu bar.
(5) the electronic auction may not start sooner than two working days after the
on which the invitation referred to in paragraph 2.
(6) electronic auction may consist of individual auction rounds. About
the length of the auction rounds and other details relating to individual
auction rounds the contracting authority is obliged to inform subscribers of the electronic
the auction in the invitation referred to in paragraph 2. For their auction rounds applies
paragraph 8 (b). a) and b) apply mutatis mutandis.
(7) throughout the electronic auction the contracting authority is obliged to the participant
make available information about the electronic auctions of its current order. If
It's in the contract documents, the contracting authority has checked out and determine the way of
provision of the information, may provide information on the auction
values or the number of participants in the auction. The contracting authority may participants
electronic auctions electronic auctions at any time announce the number of
the participants of the electronic auction.
(8) electronic auction ends
and the end of a predetermined period),
(b) if the contracting authority does not receive) for a predetermined period new auction
values that change the order of the menus, or
(c)) if the exhausted a predetermined number of auction rounds.
TITLE XI
VENDOR SELECTION
§ 122
Vendor selection
(1) the contracting authority is obliged to choose a contract subscriber contract
the procedure, which has been evaluated as the most economically advantageous
According to the result of the evaluation of the tenders or the results of the electronic auction,
If you were using.
(2) if it is the only participant in the tender award procedure, may
be selected by the sponsor without review.
(3) the contracting authority submits the selected vendor call for submission
a) originals or certified copies of documents about his qualifications, if it is
is no longer available,
(b) the documents or samples), the production of which is a condition of the conclusion of the
the contract, if the contracting authority is reserved pursuant to § 104 paragraph. 1, and
(c)) the information and documents pursuant to § 104 paragraph. 2 (a). a) and b), if the selected
the supplier is a legal person; in this case, proceed under section 46
paragraph. 1 apply mutatis mutandis.
(4) in the case of an invitation in accordance with paragraph 3, it shall proceed in accordance with § 46 para. 1
by analogy.
(5) the contracting authority shall exclude the participant of the tender, which did not provide
the information, documents or samples provided for in paragraph 3 or the result of tests
the samples did not match the entry conditions.
§ 123
Notice of vendor selection
The contracting authority will send without undue delay of the selection decisions
vendor notice of vendor selection to all participants of the procurement
control. With the exception of the negotiated procedure without publication of a procurement procedure,
where one party to the contract award procedure must be part of this
notification
and the report on the evaluation of tenders), if was the evaluation of tenders,
(b) an assessment of the fulfilment of the conditions) the result of the participation of a selected vendor,
that will contain the
1. the list of documents which the selected vendor demonstrating competence, and
2. in the required professional competence pursuant to § 77 para. 2, economic
qualification and technical qualifications of the data relevant for demonstration of
meet individual criteria of qualifications,
3. a list of documents or samples, which is a condition of the conclusion of the
the contract, if the contracting authority is reserved pursuant to § 104 paragraph. 1 (b). and)
4. the result of the testing of samples, if the sponsor is reserved pursuant to § 104
paragraph. 1 (b). (b)).
TITLE XII
THE CONCLUSION OF THE CONTRACT
§ 124
(1) after the expiry of the period of prohibition to contract pursuant to § 246 are the contracting authority
and the selected Contractor shall without undue delay, enter into a contract.
(2) the selected vendor, who does not fulfil the obligation under paragraph 1,
the contracting authority may be excluded from the award procedure.
(3) the sponsor shall exclude the selected vendor, if it finds, on the basis
documents pursuant to § 122 para. 3 (b). (c)), he was in a conflict of interest under section 44
paragraph. 2 and 3.
(4) the contracting authority is obliged to conclude a Contract in accordance with the offer of the selected
the vendor, as appropriate, adjusted according to § 69 para. 8.
section 125
After the exclusion procedure selected vendor
(1) If an exclusion of selected vendor, the contracting authority may invite the
to the conclusion of the contract of another participant of the tender, and in the order
that is apparent from the outcome of the initial evaluation of the tenders or the electronic
auction or from the result of the new assessment. A new evaluation, the contracting authority must
do this if the exclusion of the selected vendor would mean substantial
influence of the original order of the menu bar. Participant of the tender, an
the contract is considered to be the selected vendor.
(2) the contracting authority may process referred to in paragraph 1 apply to the conclusion of the contract
repeatedly. The provisions of § 122 para. 3 and 5, § 123 and 124 shall apply
by analogy; included in the notice of the selection of the vendor may not be a message about the
evaluation of the tenders, if not a new evaluation of the tenders.
§ 126
Notification of the outcome of the procurement procedure
The sponsor sends a notification of the outcome of the procurement procedure for publication
way under section 212, within 30 days from the conclusion of the contract, framework agreement or
establishment of the dynamic purchasing system.
TITLE XIII
THE CANCELLATION OF THE TENDER
§ 127
The reasons for the cancellation of the tender
(1) the contracting authority shall cancel the procurement procedure, if after expiry of the period for the submission of
requests to participate, the indicative tenders or bids in the tender
There is no participant of the tender.
(2) the contracting authority may cancel the award procedure, if
and the number of participants of the tender), who may be asked to submit
menu in the restricted procedure, the negotiated procedure preliminary offers with
by posting or solutions in the management of the competitive dialogue, is lower than the
the minimum number specified in the contract documents, or menu
preliminary proposals or solutions shall submit a smaller number of participants of the procurement
than the specified minimum number of management,
b) ceases to participate in the management of selected vendor after its
exclusion,
(c)), it avoided the reasons for continuing in the tender as a result of
a substantial change of circumstances that occurred after the start of the procurement procedure
and that the contracting authority acting with proper care, could not foresee or bring it to
did not cause,
(d)) in the course of the procurement procedure there were reasons worthy of special
considerations, including the reasons for which cannot be economic, after the sponsor
require that the tender continued, regardless of whether the
these reasons caused by the contracting authority or not,
(e) the contracting authority has not received a grant) from which the contract should be completely
or partially paid,
f) selected supplier in a procedure containing the proposal contest
has submitted a tender for the contracting authority economically unacceptable,
(g)) is a procurement procedure, which the contracting authority has begun, even if this
not be required to, or
(h)) is the only participant in the tender award procedure; this reason
the cancellation of the contracting authority may apply only to the time of dispatch of the notice of selection
vendor.
(3) the contracting authority may cancel the meeting procedures without prior publication, if
the participants of the tender shall communicate the reason for the cancellation of the tender.
§ 128
Communication and notification of the cancellation of the tender
(1) the sponsor shall, within 3 working days of the decision to cancel the
the award procedure to send a written notification of the cancellation of the tender
all participants of the tender.
(2) the contracting authority shall, within 30 days of the cancellation of the procurement procedure sends a notification about
the cancellation of the tender for publication according to § 212.
(3) the obligation referred to in paragraphs 1 and 2 shall not apply to negotiated procedures without
publication.
(4) if the Procurement Office for the protection of competition (hereinafter referred to
"the authority"), paragraphs 1 to 3 shall apply mutatis mutandis. Time limits shall run from the
the day on which the sponsor becomes aware of the legal force of the decision of the Office.
PART FIVE
SIMPLIFIED REGIME FOR THE
§ 129
(1) in a simplified mode specifies the contract by the contracting authority, including
concessions under § 174, of the social and other specific services referred to in
Annex 4 to this Act. This is true even in the case that a part of the
subject of the contract are services not specified in this annex, if
their estimated value is less than the estimated value
services listed in annex 4 to this Act.
(2) the contracting authority shall award the contract in a simplified mode
proceed under this part, and it's also part of the first, second, tenth
until the thirteenth.
(3) the tendering procedure in a simplified mode, the sponsor may start
by sending
and the publication of a prior information notice) manner under § 212, if it
calls to express preliminary interest, or
(b)) a notice of tender for publication according to §
212, if it is not a concession.
(4) the suppliers express their preliminary interest in writing.
(5) For the tender documents and specifications, the provisions of
section 96 to 99. The contracting authority may specify in the contract documents
individual rules for procurement procedures for above-limit mode.
(6) the contracting authority may, in a simplified mode to establish other criteria
vendor qualification than those mentioned in the fourth; the provisions of §
76 and 81 to 88 shall apply mutatis mutandis.
(7) the course of the procurement procedure specifies the contracting authority with regard to the specifics of the
entered service. The contracting authority may negotiate with the participants in an award procedure.
The contracting authority may change during the course of the procurement procedure specifications
If the principles are not distorted according to § 6. Changed specifications
However, it must continue to meet the conditions for the simplified scheme.
(8) when you select the vendor, in the framework of quality criteria, the contracting authority may
for example, take into account the need to ensure quality, continuity, availability,
and complexity of services, innovative solutions, a benefit for users or
sustainability criteria for social services.
(9) the contracting authority shall notify all participants of the procurement procedure to select a vendor
with the justifications.
(10) the client sends a notification of the outcome of the procurement procedure to the
publication in a manner pursuant to § 212, within 30 days, or 48 days in the case of
concessions,
and since the conclusion of the contract) or
(b)), from the end of each quarter, if the contracting authority will publish the result of the
collectively, the.
PART SIX
SPECIAL PROCEDURES
TITLE I OF THE
GENERAL PROVISIONS
§ 130
The procedure under this section, sections 42 to 44 shall apply mutatis mutandis.
TITLE II
THE FRAMEWORK AGREEMENT
§ 131
General provisions on framework agreements
(1) the framework agreement between themselves one or more Contracting authorities and one or
multiple vendors agree on framework conditions concerning, in particular, prices
or other contract performance conditions, which are binding for a period of
duration of the framework agreement.
(2) the contracting authority may conclude a framework agreement only on the basis of the award
proceedings, which would be entitled to use of a public contract of the like
the subject and the projected values.
(3) the duration of the relationship of the framework agreement shall not be in addition to the exceptional and duly
justified cases, relating to the subject of the framework agreement for a longer
than 4 years.
(4) bid for a public contract on the basis of the framework agreement entered
a participant may submit only a framework agreement, which was invited to submit a
menu.
(5) unless otherwise provided, the contracting authority shall not allow a substantial
changing the terms of the framework agreement for its duration, without
a new award procedure under this Act; section 222 is used
adequately. The contracting authority shall not allow a substantial change in the conditions referred to
in the framework agreement or in awarding public contracts based on a framework
the agreement.
§ 132
The procurement procedure for the conclusion of the framework agreement
(1) for the tender process, whose aim is to conclude a framework
the agreement shall follow the rules for below-limit or the limit mode
unless provided otherwise in this section.
(2) in the contract documents, the contracting authority must be clearly defined
or of the contracting authorities, who will be a party to the framework agreement. After
period of effectiveness of a framework agreement, contracting authorities shall not be extended or circuit
suppliers, which are parties to the framework agreement. In the contract documents
the contracting authority is obliged to indicate whether a framework agreement is concluded with a single
or more participants of the tender.
(3) the contracting authority shall specify in the contract documents, whether public
under the framework agreement concluded with more suppliers will be specified according to the procedure
and restore competition between) parties to the framework agreement,
(b)) without reopening of competition among the parties to the framework agreement, or
(c) a combination of the procedures referred to in points) and) and (b)).
(4) the award of public contracts without reopening of competition among the participants
the framework agreement is possible if the
and all) if the conditions of performance of the contract contained in the framework
the agreement and the
(b)) of the tender the tender documents at the conclusion of the framework agreement
It is clear that a party to the framework agreement will be a public works contract
under the framework agreement.
(5) the award of the contract in accordance with paragraph 3 (b). (c)) it is possible to
If it is in the specification of the tender for the conclusion
the framework agreement shows how you can determine which public contracts awarded on
under the framework agreement shall be awarded without the reopening of competition
between the parties to the framework agreement, and that in accordance with by restoring the competition between
participants in a framework agreement. In such a case, the contracting authority may invite the
participants in a framework agreement for the submission of tenders and to those public contracts
awarded on the basis of the framework agreement, in which the contract documents
the procurement procedure for the conclusion of a framework agreement stated that these will be
specified without the reopening of competition among the parties to the framework agreement.
(6) the contracting authority may not require from participants of the tender the provision
certainty.
(7) the contracting authority shall, within 30 days from the conclusion of the framework agreement or cancellation
the procurement procedure sends a notification of the outcome of the procurement procedure to the
publication in a manner pursuant to § 212.
§ 133
The selection of participants of the framework agreement
(1) at the conclusion of the framework agreement the contracting authority proceeds with multiple vendors
According to the rules for the selection of the contractor that the Contracting Authority enters into a framework
the agreement of at least the minimum number of vendors, who stated in the tender
the documentation.
(2) if the contracting authority is not able to select the number of vendors who stated in
the tender documents for the reason that he was not given a sufficient number of tenders
or did not meet the requirements of these offers provided by law or by the contracting authority,
the contracting authority may conclude a framework agreement with only those participants
the procurement procedure, who meet these requirements or procurement procedure
Cancel.
(3) if the contracting authority has stated in the tender documents, that it intends to enter into
the framework agreement with the recovery of the competition, not to conclude a framework agreement with
one vendor.
(4) If an exclusion of any of the selected vendors, it's
in § 125 in relation to all the selected vendors.
§ 134
How to restore a participants without competition between the framework agreement
(1) the award of a public contract on the basis of the framework agreement procedure without
reopening of competition between the parties to the framework agreement the contracting authority proceeds
in accordance with the conditions laid down in the framework agreement.
(2) the procedure referred to in paragraph 1, the contracting authority may ask the participant
the framework agreement to complete the menu, if it is to perform the contract
necessary.
§ 135
How to reset a competition between the parties to the framework agreement
(1) the award of a public contract on the basis of a framework agreement in accordance with the
by restoring the competition between the parties to the framework agreement the contracting authority proceeds
so that the
written invitations to the participants) the framework agreement for the submission of tenders on the basis of
the conditions referred to in the specifications of the tender on the conclusion of the
the framework agreement; These conditions may be more specifically worded, if
It is necessary for the performance of the contract,
(b) a reasonable period for) provides for the submission of tenders,
(c)) for submission and opening of tenders shall apply the provisions of section 107 to 110
Similarly,
(d) the sponsor shall notify the vendor selection) with the justification for all the participants
the framework agreement, who submitted the bid,
e) enters a public contract on the basis of the framework agreement, a party to the framework
the agreement, selected on the basis of the criteria laid down in the contract documents
the procurement procedure for the conclusion of the framework agreement.
(2) the offer shall be considered as if it had not been made, if
and a participant of the framework agreement) on the menu, offered a less favourable than in the
the tender for the conclusion of a framework agreement, or
(b) the framework agreement submitted) the participants in a joint bid.
(3) the contracting authority may enter into a contract before the deadline for the submission
objections to the selection of the supplier.
§ 136
Verification of the qualifications of the participants of the framework agreement
(1) if the duration of the framework agreement is longer than 1 year, the contracting authority may
from suppliers who are parties to the framework agreement, after the end of each
year duration of the framework agreement to request the submission of evidence of qualifications.
In this case, the sponsor is required to provide for a time limit for the suppliers
of their submission, and that at least in so far as this period was
established in the original tender.
(2) the contracting authority may also, for a framework agreement at any point in time
duration of the framework agreement demonstrate fulfillment of reasons of incompetence pursuant to section
48 para. 5 or 6.
(3) the contractor who submits the documents referred to in paragraph 1, or for which
the contracting authority shall demonstrate fulfillment of reasons of incompetence pursuant to paragraph 2,
to do so by the contracting authority to submit an offer. If the vendor showing papers
referred to in paragraph 1 no later than the time limit laid down by the contracting authority, or
recovery proves their eligibility under section 76, mutatis mutandis, by the sponsor of the
This point again to tender calls.
§ 137
Notice of conclusion of the contract
The contracting authority submits the notice of conclusion of the contract on the basis of the framework agreement
for publication in the manner referred to in section 212, within 30 days from the
and the conclusion of the contract, or)
(b)) end of each quarter, if the contracting authority will publish the result of the
collectively, the.
TITLE III
DYNAMIC PURCHASING SYSTEM
§ 138
General provisions
(1) the contracting authority may set up a dynamic purchasing system, for the purposes of
This Act means a completely electronic, open system for entering
public procurement, the purpose of which is the acquisition of the current, generally
of available goods, services or works. The sponsor shall implement
dynamic purchasing system in the procurement procedure, in which the proceeds
mutatis mutandis under the rules for restricted procedures. The contracting authority may divide the
dynamic purchasing system into categories that are objectively defined
based on the subject of public procurement contracts or their territorial scope.
(2) in connection with the use of a dynamic purchasing system may not be
from the suppliers of the required remuneration.
§ 139
Establishment of the dynamic purchasing system
(1) in the notice of initiation of the procurement procedure, the contracting authority shall indicate the length of time
the duration of the dynamic purchasing system, and indicates that it is about the introduction of
the dynamic purchasing system.
(2) the time limit for receipt of requests to participate shall be not less than 30 days from the
the initiation of the procurement procedure, establishing a dynamic purchasing system.
(3) the sponsor shall provide the suppliers an unrestricted remote access to procurement
documentation, starting from the publication of a contract notice
on the establishment of the dynamic purchasing system until the end of the duration of the
the dynamic purchasing system.
(4) the contracting authority shall specify in the contract documents the requirements for enhanced control
and further
and) the type of subject and the estimated value of public contracts, which have
be entered in the dynamic purchasing system,
b) information about the Division into categories according to § 138 para. 1 and the criteria
for inclusion in the dynamic purchasing system referred to in these categories,
If a dynamic purchasing system is divided into categories, and
(c)) information related to the electronic tools and other
technical information necessary for electronic communication.
(5) the contracting authority shall not be entitled to require from the participants of the tender
the provision of security.
(6) the contracting authority shall assess the compliance of applications received within the time limit
for the submission of requests to participate, with public procurement terms and conditions. The contracting authority will exclude
from participation in a procurement procedure participants whose application for participation
does not meet the specifications, and other participants of the tender
be included in the dynamic purchasing system. Inclusion in the dynamic
purchasing system, the contracting authority shall without undue delay notify the participant
the procurement procedure.
(7) a dynamic purchasing system is considered to be established when the
and all the participants in an award procedure), the deadline for the submission of objections
against exclusion from a procurement procedure, if objections are not filed,
(b)) in the case of opposition deadline for the submission of a proposal in accordance with § 251
paragraph. 2 or 3, if the application is filed, or
c) in the case of the petition under § 251 paragraph. 1 the judicial power
the decision terminating the administrative procedure or reject the proposal.
(8) the contracting authority shall, within 30 days from the establishment of the dynamic purchasing system
sends a notification of the outcome of the procurement procedure to the public disclosure of the way
under section 212.
(9) the contracting authority submits the notification of a change to the publication in a manner pursuant to §
212, if there is a
and duration) change the dynamic purchasing system referred to in the notice of
the contract notice on the establishment of the dynamic purchasing system,
or
(b)) the termination of the dynamic purchasing system.
§ 140
Inclusion into the established dynamic purchasing system
(1) the contracting authority shall allow for the duration of the dynamic purchasing system
each vendor may submit a request to participate. Requests to participate received after
establishment of the dynamic purchasing system, contracting authority shall assess up to 10
working days from delivery. In this period the contracting authority may
justified cases extended to 15 working days.
(2) the client sends a notification to the vendor for inclusion in the dynamic
purchasing system or its refusal within the time limit referred to in paragraph 1.
Refusing to be included in the dynamic purchasing system must
the contracting authority shall be justified.
(3) the contracting authority may, at any time during the period of the dynamic purchasing
system to require the suppliers listed in the dynamic purchasing
of the submission of an updated single European certification for
public procurement contracts. In this case, the supplier is obliged to sponsor
the updated uniform European certificate for public contracts to submit
within 5 working days from the date of receipt of the request of the contracting authority. The rules for the
submission of the documents provided in § 45, and proof of qualification under section 81 to
88 shall apply mutatis mutandis for the duration of the dynamic purchasing
the system. The contracting authority may also contact the vendor listed in the dynamic
the purchase of the system at any time during the period of the dynamic purchasing system
demonstrate fulfillment of reasons of incompetence pursuant to section 48 para. 5.
(4) a vendor who submits the documents referred to in paragraph 3, or for which
the contracting authority shall demonstrate fulfillment of reasons of incompetence, the contracting authority to do so to
submission of the bid. If the supplier showing the documents referred to in paragraph 3 later
than in the time limit laid down by the contracting authority, or demonstrate his recovery
eligibility under section 76, mutatis mutandis, by the sponsor of this moment again
to tender calls.
§ 141
The award of a public contract in a dynamic purchasing system
(1) before entering the public contracts in a dynamic purchasing system
the contracting authority will send to all suppliers listed in the dynamic purchasing
the system prompts you to submit an offer. If a dynamic purchasing system
divided into categories, the contracting authority shall invite the suppliers who are enrolled
in the category corresponding to the tasks of public order. Invitation to submit
Tenders must include the elements listed in annex 6 to this
the law. Call for the submission of tenders cannot be sent prior to the introduction of a dynamic
purchasing system.
(2) the time limit for the submission of tenders shall not be less than 10 days from dispatch
call for the submission of tenders. The contracting authority pursuant to § 4 paragraph 2. 1 (b). c) to (e)) can
on the basis of the written consent of all suppliers listed in
the dynamic purchasing system or of the relevant categories of the
shorten.
(3) the contracting authority shall notify the contractor on the grounds all suppliers
introductions to the dynamic purchasing system, who submitted the bid.
The Contracting Authority enters the public contract under the dynamic purchasing system
the vendor that is selected on the basis of the criteria set out in the invitation to submit
menu bar.
(4) the contracting authority may enter into a contract before the deadline for the submission
objections to the selection of the supplier.
§ 142
Notice of conclusion of the contract
The contracting authority submits the notice of conclusion of the contract in a dynamic purchasing
the system for publication according to § 212, within 30 days from the
and the conclusion of the contract, or)
(b)) end of each quarter, if the contracting authority will publish the result of the
collectively, the.
TITLE IV
COMPETITION FOR THE DESIGN OF
§ 143
(1) design contests shall mean the procedure of the contracting authority, pointing to obtain
the proposal, which is in particular a plan or a project in the field of spatial
planning or architectural, construction, engineering and inspection
services. For making the application shall apply, mutatis mutandis, to section 107.
(2) the contracting authority will use the competition for the design, if he intends to enter the public
the contract for the service in the negotiated procedure without publication in accordance with §
65; the intention of the contracting authority shall specify in the notice of the initiation of the design competition.
(3) a competition for the design of the contracting authority shall also apply, if
and a competition for the design) is part of the award of a public contract for the
services, or
(b) the estimated aggregate value of the price), gratuities or other payments
associated with participation in the competition for the design exceeds 2 000 000 CZK; This does not apply
in the cases referred to in section 29, 30, 158, 177-178 and 191.
§ 144
The conditions of competition of design contest
(1) in the competitive conditions of design contests, the contracting authority shall determine whether
proceed in the form of open or restricted competition for the design.
(2) the conditions of competition must be published on the profile of the contracting authority, after
a time limit for the submission of proposals. For conditions of competition shall apply
the provisions of § 96 para. 2 to 4 and section 99, mutatis mutandis. Explanation of contest
the conditions of the contracting authority, the contracting authority shall publish on the profile of at least 14 days prior to
the deadline for submission of proposals.
(3) the conditions of competition of design contest on the services referred to in section 71
the main dictionary must contain a single classification system
at least
and) the name, or the name and surname of the members of the jury,
(b)) means of identification designs and their annexes in order to ensure
anonymity,
(c) the amount of the price, fees), or other payments, if they are provided,
(d) the conditions of management of) intellectual property rights, if the design
such protection shall enjoy,
(e)) the estimated amount of investment costs, to be specified public
the service contract, and
(f) the method of publication of proposals).
(4) for communication between the contracting authority and the supplier shall apply section 211
by analogy.
§ 145
The competition for the design of
(1) the contracting authority is launching an open competition for the design of sending the notification of the
start of the competition on the way to the publication of the proposal under section 212, which
calls on an unlimited number of suppliers to submit proposals.
(2) the time limit for the submission of proposals shall be not less than 35 days and the competition for the
the proposal on the services referred to in section 71 of the single main dictionary
typology of 45 days from the date of dispatch of the notice of initiation
design contests.
§ 146
The closer contest for the design of
(1) the contracting authority is launching a competition for the design of sending the narrower the notice of
start of the competition on the way to the publication of the proposal under section 212, which
calls on an unlimited number of suppliers to submit a request for participation. The provisions of the
§ 58 shall apply mutatis mutandis.
(2) the time limit for the submission of requests to participate shall be not less than 20 days from the
date of dispatch of the notice of the initiation of the design competition. The deadline for the submission of
proposals shall not be less than 30 days and the competition for the design of the services
referred to in section 71 of the main dictionary the single classification system
45 days from the despatch of the call for proposals.
(3) the contracting authority may state in the notice of the initiation of the design competition
the vendor that asks for proposals, if at least 3 shall be such
vendor.
(4) the contracting authority shall assess the compliance of the request to participate, the competition rules and
on the basis of the opinion of the jury, reducing the number of participants in the competition for the
proposal pursuant to § 111 paragraph. 1 to 4 apply mutatis mutandis, if reserved in
notice of the initiation of the design competition. If the contracting authority at the same time progresses
in accordance with paragraph 3, shall be the number of participants in design contests, who
you will be prompted to submit a proposal, referred to in the competitive conditions of the lower
than twice the number of suppliers listed in the notice of initiation
the competition referred to in paragraph 3. The contracting authority will exclude from participation in the competition for the design of
participants whose application does not meet the conditions of competition or
they were selected with a reduction of the number of participants in design contests. Exempted
participants in design contests shall invite the contracting authority to submit proposals.
§ 147
Reduce the number of proposals
The contracting authority may, in the conditions of competitive design competition may stipulate that
the competition will take place in several phases with the possibility of reducing the number of proposals in its
the course; the provisions of § 112 shall apply mutatis mutandis.
§ 148
The jury
(1) For the evaluation of proposals, the contracting authority shall draw up a jury of individuals.
Members of the jury may not be in a conflict of interest under section 44. Most of the members
the jury must be independent in relation to the contracting authority. Independent means
members of the jury, who are not with the sponsor, the business in the long run,
employment or other similar relationship. All members of the sponsor
the jury must request an affidavit stating that they are not in conflict of interest,
and in the case of design contests for the services referred to in section 71 of the main
the dictionary of the single classification system with the agreement of the members of the jury
competition terms and conditions.
(2) if the contracting authority lays down as a condition of participation in the competition for the design of
the requirements on the professional competence of suppliers in accordance with § 77 para. 2 (a).
(b)), and (c)), at least half of the members of the jury must have the required or
an equivalent qualification.
(3) If in the course of the competition for the design of a change in the composition of the jury,
the client must ensure that the conditions have been met under paragraphs 1 and
2. In the case of design contests for the services referred to in section 71 of the main
the dictionary of the single classification system the sponsor shall notify the names of newly
the appointed members of the jury all participants in design contests.
(4) the sponsor shall ensure that the anonymous jury evaluated the proposals. Anonymity
proposals to members of the jury must be ensured until the jury
it reaches to the opinion.
(5) the jury shall draw up a report on the evaluation of the proposals, signed by its members,
indicating the order proposals based on the criteria set out in
notice of the initiation of the design competition.
(6) the participants in design contests may be prompted if needed
jury to get answers to additional questions that the jury will be recorded in the
the report on the evaluation of proposals. From an interview between the jury and the participants of the competition
the jury will draw up a detailed proposal writing.
(7) the contracting authority is bound by the opinion of the proposal, while selecting the jury. The contracting authority
decide on a new evaluation of proposals, if it finds that the jury when
the evaluation of proposals violated the procedure provided for by this Act, or
competition design competition. The new proposal evaluation performs
the original jury or the contracting entity shall designate a new jury; It must always be
complied with the request to the anonymity of the proposals. The reasons for a new evaluation of proposals
attaches to the original message, the sponsor of the evaluation of proposals.
§ 149
The notice of proposal selection
(1) the contracting authority submits the notice of proposal selection to all participants in the competition for the
the proposal.
(2) if it is excluded from the competition for the design of the participant who submitted the selected
the proposal, the contracting authority may decide to select the next proposal in order
set out in the report on the evaluation of proposals.
(3) competition of the proposal shall be considered completed when the
and all participants) design competition deadline for the submission of objections
the choice of the design, if objections are not filed,
(b)) in the case of opposition deadline for the submission of a proposal in accordance with § 251
paragraph. 2 or 3, if the application is filed, or
c) in the case of the petition under § 251 paragraph. 1 the judicial power
the decision terminating the administrative procedure or reject the proposal.
(4) the contracting authority may, in the conditions of competitive design competition reserve
the option to cancel the competition for the design prior to the decision of the jury only if
at the same time lays down the conditions for compensation of participants in design contests.
§ 150
Notice of termination of the design competition
(1) the contracting authority shall, within 30 days of the cancellation or the completion of design contest
sends a notification of the result of design competition for publication according to
§ 212.
(2) in the case of design contests for the services referred to in section 71 of the main
Dictionary of a single classification system, the contracting authority submits the documentation
about the competition for the design, including the opinion of the jury and all the proposals in the
the electronic form of the Czech Chamber of architects ^ 34).
PART SEVEN
THE PROCEDURE FOR THE AWARD OF THE SECTORAL PUBLIC PROCUREMENT
TITLE I OF THE
GENERAL PROVISIONS
§ 151
Sectoral procurement
(1) the Accelerated public works contract is a contract, which specifies the
the contracting authority in the performance of the relevant activities.
(2) the Accelerated public works contract is also a contract, which specifies the
the other person in the performance of the relevant activities, if
and) relevant work is carried out on the basis of special or exclusive
rights under section 152 or
(b)) over that person, the contracting authority directly or indirectly
exercise a dominant influence.
(3) for the purposes of this Act, is a dominant influence shall be taken, when
one person directly or indirectly
and) holds a majority stake in the subscribed capital of another person,
(b)) has a majority of the voting rights arising from the shares to other
a person, or
c) can appoint more than half of the members of the statutory or supervisory
the authority of another person.
(4) the sponsor shall proceed when entering the public procurement sector, which
not concessions, according to the part of the fourth, fifth, or sixth, and it's also part of the
the first, second, tenth to thirteenth, if not in this part of the provided
otherwise. When you enter the sectoral public procurement that is concessions,
the contracting authority shall proceed in accordance with section 8.
§ 152
Special or exclusive rights
(1) special or exclusive rights are the rights granted by a competent
public authority on the basis of law, whose content is
to limit the exercise of the relevant activities as defined in § 153 of one or
more than one person, and which substantially affects the ability of other people to perform
This activity.
(2) the special or exclusive rights, such rights shall not be considered that
was awarded following a procedure in which ensure appropriate publication and
the award was based on objective criteria. For such a
the procedure shall in particular
and a procurement procedure that enables participation) to an unlimited circle of suppliers, or
b) proceedings under other legislation mentioned in annex 5 to the
This Act.
§ 153
Relevant activities
(1) the relevant activities for the purposes of this Act, the
in the gas sector)
1. the provision or operation of a transmission or distribution system,
the extractive gas pipeline under another law ^ 35) in connection with the
the production, transport or distribution of gas, or
2. the supply of gas to the transmission or distribution system, mining
the gas pipeline,
(b)) in the heating industry
1. the provision or operation of the heat supply system
under another law ^ 35) in connection with the production and divorce
the heat energy, or
2. the supply of heat energy in the system of supply of thermal energy,
(c)) in energy sector
1. the provision or operation of a transmission or distribution system
under another law ^ 35) in connection with the generation, transmission
or distribution of electricity, or
2. the supply of electricity to the transmission or distribution system,
(d)) in the water industry
1. the provision or operation of the tap water, according to another legal
prescription ^ 36), or
2. the supply of drinking water to tap water,
(e) the contracting authority executing relevant) the activity of activity referred to in paragraph
1 (b). (d)), where such activity is related to
1. projects of works of water management, irrigation or drainage
the soil, provided that the amount of water used for the supply of drinking water
represents more than 20% of the total amount of water that has to be
by such projects or irrigation or drainage installations
obtained, or
2. the dispersal of waste water drainage or the disposal or treatment of waste
waters,
(f)) work relating to the provision or operation of networks for
the provision of services to the public in the field of railway, tramway,
public trolley bus, bus or cable transport (hereinafter referred to as
"transport network"); transport network shall be regarded as existing if the
activities under this letter is provided under the terms of
the competent administrative authorities,
g) activities related to the use of the territory for the purposes of the operation of airports
for air carriers or ports, ports or terminals for
the shipping carrier and the carrier on inland waterways,
h) activities related to the provision of
1. postal services, which consist in the filing, sorting, transporting and
delivery of postal items, no matter if it is about the basic
^ 37) service or not; postal delivery means the shipment marked
address, regardless of weight or value, or
2. other than postal services where such services are provided
a person who provides any of the postal services; for the purposes of this
provisions other than postal services: services
directly related to postal services, including the services
the previous administration, as well as the following services after sending mail
the shipment, in particular post mailroom management services of the sender or
the addressee or services relating to shipments not referred to in paragraph 1, in particular
then the unaddressed advertising mail, or
I) activities related to the use of the territory for the purposes of
1. extracting oil or gas, or
2. exploring for or extracting coal or other solid fuels.
(2) the delivery shall, for the purposes of paragraph 1 means the production or other form of
production and sale.
(3) unless the contracting authority, the relevant activities for the purposes of
This law does not consider the
and) activity referred to in paragraph 1 (b). a) or b), if the
1. takes place due to the economic use of thermal energy or
gas produced as a result of activities other than the activity according to the
paragraph 1, and
2. the income from this activity does not amount to more than 20% of the average turnover of the
the contracting authority for the preceding three years, including the current year,
(b)) the activity referred to in paragraph 1 (b). c) or (d)), if the contracting authority
1. generates electricity or potable water for purposes other than the activity
the activities referred to in paragraph 1, and
2. his own consumption is at least 70% of the average total production
electricity or potable water for the preceding three years, including the current
of the year.
§ 154
Competition related to the performance of the relevant activities
(1) activity that is directly exposed to competition on the market, the
which access is not restricted, shall not be considered a relevant activity under section
153, if so decided by the European Commission under the European
Union ^ 38).
(2) where there is a reasonable presumption that the conditions referred to in paragraph 1
for the exclusion of some relevant activities, the venue of the
the Ministry, through the Ministry for regional development, or
the sponsor of this relevant activity request
decision in this case to the European Commission. When applying the European
the Commission shall proceed, venue of the contracting authority or the competent Department
According to the legislation of the European Union ^ 39).
(3) the venue of the Ministry in the case of the request of the contracting authority
executing the relevant activities will assess whether in relationship to the
This activity, there is a reasonable presumption of compliance with the conditions referred to in
of paragraph 1.
(4) If the application is made, the contracting authority shall send a copy of the application to the Ministry of
the local development and the competent Ministry.
(5) for the purposes of paragraph 1, it is considered that the European Commission has decided to
the exclusion of the relevant activities, if the expiry of the period provided for in vain
the EU regulation ^ 38) the making of any decision.
§ 155
Contracts awarded by associated persons
(1) an associated person is a person who has an obligation to submit to
consolidated financial statements ^ 40) by the contracting authority or other person,
that directly or indirectly
and) may be subject to the dominant influence of the contracting authority,
(b)) can exercise a dominant influence over the contracting authority, or
(c)) is subject to the dominant influence of the same person as the sponsor.
(2) the sectoral public procurement contract is not specified
the contracting authority associated with a person or jointly by several Contracting entities for
the purpose of the performance of the relevant activities of the person associated with one of these
Contracting authorities, if this is a
and) service, and at least 80% of the average turnover of the affiliated persons of the
all services provided by that person in the past 3 years, it was
achieved in relation to the contracting authorities or entities to which the contracting authority is
an associated person,
(b)), with supply at least 80% of the average turnover of the affiliated persons of the
all supplies by that person in the previous 3 years,
has been achieved in relation to the contracting authorities or entities to which the contracting authority is
an associated person, or
(c)), with the works of at least 80% of the average turnover of the affiliated
people from all works by that person in
the previous 3 years, was achieved in relation to the contracting authority or to beneficiaries of
to which the contracting entity is associated with a person.
(3) if it is not possible to determine the average turnover for the previous 3 years, since the
associated person was established or proven started its activities
later, it is sufficient to prove, in particular through action plans that
the achievement of the conditions referred to in paragraph 2 is credible.
(4) if the contracting authority provided the same or similar supplies,
services or works more than once associated with the person with whom
make up the group, calculate the percentage referred to in paragraph 2 of
total turnover in the supply, the total turnover for the services or the total
turnover in the construction work achieved by those affiliated entities.
§ 156
Contracts awarded to joint ventures
For sectoral public procurement contract does not constitute a contract that is specified
by the contracting authority, founded by the person exclusively with other contracting entities for the purpose of
carry out the relevant activities for at least three years, if the
founding legal act in writing provided that the exclusive participation
the founding of contracting this person will take at least 3 years from the
its formation. This applies even in the case that the person enters the
contract contracting authorities who founded it.
§ 157
Communication from the European Commission
The contracting authority shall, in the case of the procedure under section 155 and 156, bound to the European
the Commission, on request, communicate to the
and) the name of all persons involved in the award of public contracts,
(b) the subject matter and the relevant price) sectoral public procurement and
(c)) the fact that the European Commission considers it necessary to demonstrate the
compliance with the conditions referred to in section 155 and 156.
TITLE II
SPECIAL RULES FOR ENTERING THE SECTORAL PUBLIC PROCUREMENT
§ 158
Special provisions for exemptions for sectoral public procurement
(1) the contracting authority is not obliged to enter in the entry procedure for accelerated public
the contract, whose estimated value is below a threshold
provided for by the implementing regulation referred to in section 25.
(2) in addition to the cases referred to in section 29 is not the contracting authority is obliged to enter in the
sectoral public contract award procedures even if
and it's not about the Central contracting authority) carrying out centralized input
and a public contract is awarded for purposes of resale or rental
third parties, whilst the contracting entity enjoys a special or exclusive
sell or lease the subject of the rights of such sectoral public procurement and
other people have the opportunity to subject the sector to further public contracts without
limitations freely sell or lease under the same terms and conditions as
the contracting authority; the sponsor is obliged at the request of the European Commission to inform
on which categories of goods or activities, in his opinion, subject to
This exception,
(b)) is specified in order to
1. other than the performance of the relevant activities, or
2. the performance of the relevant activities in the countries outside the European Union, under the conditions
not involving the physical use of the systems or geographic regions
Of the European Union;
sponsor sectoral public procurement contract is required to the European Commission at its
request to which categories of activities, in his opinion,
This exception applies, or
(c)), the sectoral public service contract if the person who
It is the contracting authority, or by an Association of contracting authorities on the basis of
an exclusive right under the other legislations which are compatible
with the law of the European Union.
(3) the provisions of § 29 (b). (d)), section 29 (b). I) in point 1, section 29 (b). l) point 2,
section 29 (b). p), s) do not apply.
§ 159
The exemption for the supply of water, fuel or energy
The contracting authority is not obliged to enter in the entry procedure for accelerated public
the contract, if it exercises
and activities pursuant to section) the relevant paragraph 153. 1 (b). (d)), and as for the purchase of water
or
(b)), pursuant to section 153 relevant activities para. 1 (b). a), b), c), or i) and
as to the
1. the supply of fuels for the production of energy, or
2. the supply of energy, including the provision for the purchase of support services according to the
another law ^ 35).
§ 160
The exception for the contracting authority providing postal services
The contracting authority engaged in relevant activities in accordance with § 153 para. 1
(a). h) point 1 is not required to specify in the contract award procedure,
in the case of
and) services related to electronic mail and carried out exclusively
by electronic means, in particular, secure transmission of coded documents
by electronic means, address management services, or transmission featured
electronic mail,
(b)) financial services whose subject are banking activities,
investment services, insurance, supplementary pension savings or
reinsurance services,
(c) the philatelic services, or)
d) logistics services linking physical delivery or storage with
in other non-postal activities under § 153 para. 1 (b). (h)), point 2.
§ 161
Special provisions for the selection of a procurement procedure
When you enter the sectoral public procurement the contracting authority may always use
a negotiated procedure with the publication.
§ 162
Special provisions for the negotiated procedure without publication of a
(1) the contracting authority may use the negotiated procedure without publication under the conditions
referred to in § 63 para. 1 regardless of the type of the preceding cancelled
the procurement procedure.
(2) the negotiated procedure without publication of a public works contract for the sectoral
supply the sponsor may also be used, if it is a bargain, when you
the use of especially favorable opportunity available for a very short period of time
You can take delivery at a price considerably lower than normal market
prices.
(3) the contracting authority may use the negotiated procedure without publication, if it is
sectoral procurement entered only for the purpose of research, experiment,
study or development and if the award of such contract does not prejudice the
competition when additional procurement; paragraph 64 (e).
and) shall not apply.
(4) the contracting authority may use the negotiated procedure without publication under the conditions
referred to in section 64 (c). (d)) also, in the case of a public service contract.
(5) the time limits for the initiation of the negotiated procedure without publication provided for in § 64
(a). (b)) and section 66 (a). (d)), in the case of sectoral public procurement
do not apply.
§ 163
Special provisions for restricted procedures and negotiated procedures with publication of the
(1) in the restricted procedure when entering the sectoral public procurement can
the contracting authority before sending an invitation to tender do reduce the number of
the participants of the procurement procedure pursuant to § 111. In such a case, the contracting authority
excluded from participation in a procurement procedure participants who were not selected in the
the reduction in the number of participants of the tender.
(2) the contracting authority awarding the contract may provide for accelerated on
by mutual agreement with the participants of the procurement procedure and provided that the
It will be for all participants in the procurement procedure is the same, the deadline for submitting
and in the strict control menu), or
(b)) the indicative tenders in the negotiated procedure with publication.
(3) unless the contracting authority with the participants in an award procedure under the
paragraph 2 shall be the time limit for the submission of tenders or indicative tenders
less than 10 days from the date of dispatch of invitations to tender.
(4) the invitation to submit requests to participate in restricted procedure or in the rules
control with the publication of the sponsor may do so through the system
qualification. In this case,
and sends the call to all vendors) introductions of the qualification system, or
(b) invite the vendor to submit) request for participation through the notice of
the introduction of a system of qualification, the procedure under section 165.
§ 164
Special provisions for initiating the award procedures
(1) the sponsor when entering a sectoral public procurement in restricted procedure
or negotiated procedure with publication of a procurement procedure also may start
by sending
and the publication of a prior information notice) manner under § 212, if it
calls to express preliminary interest, or
(b) the introduction of the system) notification of qualification for publication according to
§ 212, if it calls for the submission of applications for participation in a procurement procedure.
In such a case, the preliminary notification or announcement of the introduction of
of a qualification system to meet the obligations which the law
otherwise requires sending the notice of initiation of the procurement procedure.
(2) in the case of a contract notice referred to in paragraph 1 shall publish
the contract documents, the contracting authority with the exception of the forms referred to in section 212 and challenges
referred to in annex 6 to this Act the contracting authority after the date on your profile
the publication of a prior information notice or notice of introduction of the system
at least until the end of the qualification deadline for the submission of tenders.
§ 165
The qualification system
(1) for the purposes of the award of public contracts, the contracting authority may the sectoral
establish a system of qualifications, to which the contracting authority classified the qualified
vendor. The contracting authority may divide into the categories of the qualification system,
which are objectively defined based on the subject of public procurement
or their territorial scope. The sponsor shall keep a written list of suppliers
included in the system of qualification.
(2) the contracting authority submits the notice of establishment of a system of qualification to
publication in a manner pursuant to § 212. In the notice of the introduction of the system
the qualifications of the contracting authority shall indicate its purpose, method of access to the rules concerning its
the functioning and the expiry date of this system. In the event of a change of time
applicability of the qualification system or its termination the contracting authority submits the
the announcement follows under section 212.
(3) the sponsor who introduced or operates a system of qualification shall ensure
that suppliers can apply for registration to this system.
(4) the qualification system may involve different qualification stages.
(5) the contracting authority is entitled to make use of the contracting authority with the agreement of another of its
the qualification system.
(6) by means of a system of qualification is the contracting authority shall be entitled to send
call for the submission of tenders in the restricted procedure or indicative tenders in
negotiated procedure with the publication of all suppliers listed in the system
qualification.
§ 166
The management of the qualification system
(1) contracting authorities shall establish objective rules for operation of the system
qualifications and objective rules and reasons for the inclusion of suppliers to
system or dispose of it. These rules, the contracting authority will provide
suppliers at their request; § 36 odst. 8 shall apply mutatis mutandis.
(2) the rules for the operation of the qualification system shall enable the demonstration of
qualifications through other people. The provisions of section 83 and section 85 paragraph. 2
shall apply mutatis mutandis.
(3) the contracting authority is entitled to be entered in the system of qualification subject
payment to the vendor, which must be proportionate to the costs incurred.
(4) in the event that the contracting authority also lays down rules concerning the
the technical specifications, the technical specifications, the contracting authority may
Update. Updated rules the sponsor shall notify all suppliers
introductions of the qualification system.
(5) on the request of the vendor for inclusion in the system of qualification, the contracting authority
shall decide within 4 months of its submission. This period may be up to 2 months
Since the submission of the application is extended on the grounds and giving information about
the date of the decision. On the request of the vendor must always be made within 6
months of its submission.
(6) the rejection of the application vendor for inclusion in the system of qualification
the contracting authority shall inform the supplier within 15 days of the decision on the application with
justification.
(7) the contractor may be disqualified from the qualification system only
If he is in the preamble to the decommissioning of the notified in writing at least 15 days prior to the
on the date of disposal.
§ 167
Special provisions on procurement conditions
(1) the sponsor when entering a sector of the public contract may provide for and
other vendor qualification criteria before they are mentioned in the fourth;
the provisions of § 76 and section 81 to 88 shall apply mutatis mutandis. However, the contracting authority shall not
in particular, the
and some vendors) to establish the conditions which are not laid down by another
suppliers, or
(b)) to require documents, tests or other data without good reason
repeatedly.
(2) the contracting authority under § 151 of paragraph 1. 2 the provisions of § 73 para. 1 and
paragraph. 2 (a). and) shall not apply.
(3) in the case of procurement procedures initiated preliminary announcement
the contracting authority shall, on request of the supplier of the technical conditions typically
required in the input by the sectoral public procurement or
the technical conditions which he intends to apply, where appropriate, a reference to the
the documents, which the supplier is no longer available.
(4) the provisions of § 97 (a). and when you enter) the sectoral public
contracts shall not apply.
§ 168
Deals involving supplies from third countries
(1) in the case of sectoral public supply contracts the contracting authority may
to exclude a participant of the tender, if the proportion of the value of the supplies,
including software used in telecommunications
networks, originating in States with which the European Union has not entered into an agreement
ensuring comparable and effective access for suppliers from the European Union
on the markets of these countries, specified by the directly applicable European law
Union ^ 41), greater than 50% of the total value of the supplies offered. It
does not apply if the renowned international agreement the Czech Republic
provides otherwise.
(2) where two or more tenders in terms of peer evaluation criteria,
the contracting authority shall give priority to the offer that you cannot refuse, according to
of paragraph 1. The offer price for such offers, for the purposes of this
the provisions considered to be equivalent, if the price difference is not greater
than 3%.
(3) paragraph (2) the contracting authority need not be applied if the result was
forced to take the device with different technical parameters than are
the parameters of the existing equipment, which would result in
incompatibility or technical difficulties in operation and maintenance, or
excessive costs.
(4) To share supplies originating in the States referred to in paragraph 1 shall
do not include supplies from the States, which was by decision of the Council of the European
the Union extended the scope of the directive of the European Parliament and of the Council
2014/25/EC of 26 July 2000. February 2014 on the procurement procedures of entities operating
in the sectors of water, energy, transport and postal services sectors
and repealing Directive 2004/17/EC.
§ 169
Specific provisions on framework agreements
(1) the period of application of the framework agreement may be in the case of the sectoral
public contracts longer than 8 years of age, unless they are exceptional cases
justified by objective reasons relating in particular to the subject of
the framework agreement.
(2) the selection of suppliers of sectoral public contracts awarded on
the basis of the framework agreement the contracting authority shall proceed according to the conditions and criteria
laid down in the framework agreement. The provisions of § 131 paragraph. 3, § 133 paragraph 2. 1
up to 3, § 134 to 136 shall not apply.
§ 170
Specific provisions on the cancellation of the tender
A contracting entity which supplies the sectoral public contract may cancel the
the award procedure without the fulfillment of reasons pursuant to § 127, if this
possibility of reserving in the tender documents. In this case the contracting authority in the
notice of cancellation of the tender shall indicate the justification for such a procedure.
§ 171
Specific provisions relating to the tender documentation
The main elements of the contracting authority submits the tender documentation on request
To the European Commission.
§ 172
Specific provisions on the written report of the contracting authority
For a written report to the sponsor of the sectoral public order with the
the provisions of § 217 paragraph. 2 (a). (f)), g), (j)) l), m) and (n)) shall not apply.
§ 173
Special provisions for change of obligation of contract
The provisions of § 222 para. 5 (b). (c)) and § 222 para. 6 (a). (c)), for a change
commitment from the accelerated procurement contracts do not apply.
PART EIGHT
THE PROCEDURE FOR THE AWARD OF CONCESSIONS
TITLE I OF THE
GENERAL PROVISIONS
§ 174
The concession
(1) in accordance with this section, the contracting authority shall proceed in the case of public works contracts,
they are concessions of works or services concessions.
The contracting authority used part first, part of the second, the seventh part of the head, and
part of the tenth to thirteenth, if not stipulated otherwise.
(2) the award of public works concession is considered to be the conclusion of whether
of the contract, the contracting authority
and the provision of activities under enters) § 14 para. 3 (b). a), b) or c)
the supplier, with the consideration consists in a right of taking benefits
resulting from the operation of the building, which is the result provided by the
construction work or in this right together with payment and
(b)) to the vendor transfers the operating risk associated to taking benefits
resulting from the operation of buildings.
(3) for the award of service concessions is considered to be the conclusion of contracts for pecuniary interest,
which the contracting authority
and the provision of other activities enters) than under § 14 paragraph 2. 3 (b). a) to
(c)), the supplier, with the consideration consists in a right of taking benefits
arising from the provision of the service or in this right together with
payment and
(b)) to the vendor transfers the operating risk associated to taking benefits
arising from the provision of services.
(4) it is considered that there has been a migration of operational risk in accordance with paragraphs
2 and 3, if the vendor under normal market conditions is not guaranteed
return on investments or costs incurred in the operation of
the construction or the provision of services which are the subject of the concession. You may
be a risk on the demand side, the risk on the supply side, or
the risk on the demand and supply. You may also be a partial transfer
operational risk operational risk, if the part transferred to the vendor
includes the actual exposure to the vagaries of the market so that any estimated
the loss of suppliers were not negligible.
§ 175
Methods of calculating the estimated value of the concession
(1) the estimated value of the concession is considered to be the total turnover
supplier without value added tax for the duration of the concession
arising out of the consideration for the works and services, which are
subject of the concession, as well as for supplies with these construction works
and services are related.
(2) the estimated value of the concessions, the contracting authority shall lay down for the moment
the initiation of the procurement procedure.
(3) the estimated value of the concessions, the contracting authority shall lay down the method
on objective factors, and closer to the stage in the contract documents.
The contracting authority shall include the estimated value of the concession, in particular
and the value of any options) in any form, including the extension of the period
the duration of the concession,
b) income from payments made by users of the subject of the concession,
(c)) the payment or financial benefits in any form provided by the sponsor
or other public authority contractors, including compensation for the performance of
commitment to public services and public investment grants,
(d) payment or value) financial benefits in any form provided by the
the third party for the performance of the contract,
e) revenue from the sale of any assets that are associated with the subject
the concession,
f) value of all supplies, services or works that
the supplier shall provide to the contracting authority for the performance of the contract, or
g) prices or payments to the participants of the tender.
(4) the provisions of § 16, § 18 para. 3 and sections 19 to 23, when the
the projected values do not apply.
TITLE II
THE RULES FOR THE AWARD OF CONCESSIONS
§ 176
The choice of the type of procurement procedure
(1) the contracting authority is obliged to enter the Concession in the concession procedure does not apply if the
another type of award procedure pursuant to § 55. Negotiated procedure without publication of a
the contracting authority is authorized to use only for the fulfillment of the conditions under § 63 para.
1 or 2.
(2) Concessions for social and other special services listed in annex 4 to
This Act shall be in the simplified scheme under section 129.
(3) Sectoral concessions means the concessions, which enters the contracting authority
the performance of the relevant activities.
(4) when a contract is in the area of defence or security,
that is a concession, the contracting authority shall proceed under this part.
§ 177
Special exceptions for concessions
(1) the contracting authority is not obliged to specify in the tender contract, in the case of
and the service concession contract awarded) to the supplier on the basis of an exclusive right,
that was granted on the basis of other legislation which transposes the
one of the regulations of the European Union referred to in the annex 5 to this
the law; in such a case, the contracting authority submits the notification of the award of the concession to
publication according to § 212, if the European Commission is not informed
under other legislation. Granting an exclusive right to exercise
some of the relevant activities of the contracting authority shall inform the European Commission
(b)) for air transport services based on the Edition the operational
the licence within the meaning of the regulation directly applicable European Union ^ 42),
(c)) of the public service concession contract of passenger transport in the sense of directly
of the applicable legislation of the European Union ^ 43),
(d) the service concession contract) in the field of lotteries CPV code 92351100-7 awarded
the Member State of the supplier on the basis of an exclusive right; grant
such an exclusive right, the contracting authority shall publish a notice in the official journal of the
The European Union,
(e)), which the contracting authority grants a concession for the purpose of carrying out their activities in
country outside the European Union under conditions that do not involve physical
the use of systems, networks, or the territory of the European Union, or
f) concession in the area of defence or security, and are subject to the conditions
referred to in § 191 para. 2 (a). a) to (c)), f) and (g)).
(2) the contracting authority shall not be entitled to the award of concessions to apply an exemption under
and section 29 (a)). b), c) or t), unless it is a concession in the area of defence or
safety, or
(b) section 29 (a)). and), e) to (g)) or r) in the case of a concession in the area of defence
or safety.
§ 178
Small-scale concessions
The contracting authority shall not be obliged to enter the concession tender small scale,
whose estimated value is equal to or less than 20 000 000 CZK;
the provisions of section 27 and 31 shall not apply.
Section 179
The duration of the concession
(1) in the contract documents, the contracting authority shall fix the duration of the concession,
While the contract for the concession can only be closed on a temporary basis.
(2) if the term of the contract exceeds five years, the client must provide
This period of time so that it does not exceed the period for which it can be assumed
return on investments incurred by the contractor to achieve the purpose of the Treaty.
These investments include the initial investment and investment during the
duration of the contract.
(3) in the event that the contract duration exceeds 5 years, the sponsor
justify the duration of the contract in writing in the contract documents.
TITLE III
CONCESSION MANAGEMENT
§ 180
The procedure in concession management
(1) the contracting authority is launching a concession procedure by sending a notice of the initiation of the
the procurement procedure for publication according to § 212, which calls on the
unlimited number of suppliers to submit a request to participate, the preliminary
menu bar or menu bar.
(2) the contracting authority is launching a concession procedure by sending a challenge to the Act or
the start of negotiations with the supplier if it preceded the despatch,
If the conditions are met for the use of the negotiated procedure without publication
pursuant to § 63 para. 1 and 2.
(3) Further conditions for the progress of the award procedure provides for the contracting authority.
Award procedure may take place in several phases. If the menu or
preliminary offers are not required by the contracting authority in the contract notice
the procurement procedure, the contracting authority may invite the parties to the contract award procedure
their challenge. The contracting authority may reserve in the tender dossier
the reduction in the number of participants of the procurement procedure or reducing the number of
the indicative tenders; in this case, the provisions of § 111 and 112
apply by analogy and the contracting authority excluded from participation in a procurement procedure
the participants, who were not chosen by the participants in the procedure for the reduction
control or the number of interim offers.
(4) the contracting authority is authorized to negotiate with the participants in an award procedure.
(5) For the tender documents and specifications § 96-100
by analogy. The contracting authority may lay down in the tender documentation for the individual
the rules for the tendering procedure for above-limit mode.
(6) the contracting authority may lay down in the tender documents and other criteria
qualifications are mentioned in the fourth; the provisions of § 76 and section 81 to
88 shall apply mutatis mutandis. The contracting authority must in concession management
should request evidence of basic eligibility under section 74.
(7) in the contract documents, the contracting authority shall indicate that the requirements for the implementation of
the concessions are the minimum technical conditions to be offered
performance of the meet, as well as the planned course of the proceedings.
(8) for the participation of § 105 poddodavatelů mutandis.
(9) the contracting authority is entitled to during the negotiations to amend or complete
specifications with the exception of the evaluation criteria and minimum
technical conditions. Changed specifications must continue to comply with the
conditions for the procedure under this part and the subject of the concession could not be
change it so that it would allow the participation of other suppliers.
(10) the contracting authority in the course of negotiations does not provide information to participants
control in a discriminatory manner. Confidential information under section 218 paragraph. 1
the contracting authority is entitled to inform the other participants of the tender
only on the basis of the written consent of the participant of the tender
granted in relation to a specific piece of information.
§ 181
Time limits
(1) the time limit for the submission of tenders, the indicative tenders or requests to participate,
If they are requested in the notice of initiation of the procurement procedure, must not be
less than 25 days from the commencement of the award procedure.
(2) if the sponsor invites to submit preliminary bids later than in
notice of initiation of the procurement procedure, the time limit for the submission of the preliminary
tenders shall not be less than 22 days from the date on which the invitation to submit
the indicative tenders.
(3) the time limit referred to in paragraph 1 shall be extended by 5 days, if
the contracting authority will not allow you to bid through the electronic
instruments under section 213.
§ 182
Technical conditions
(1) the technical conditions are requirements for the properties of the subject of concessions
works or services concessions, which the contracting authority establishes
through
and representing the requirements for the parameters) performance or functional description of the purpose
or needs to be filled,
(b)) a reference to standards or technical documents, or
c) link to the labels.
(2) the technical conditions may also refer to the specific production
the process or method of provision of the requested works, supplies
or services, or to a specific process with different phases of their
life cycle, even when these factors are not included in
their material substance, provided that the subject matter of the contract and
proportionate to its value and its objectives.
(3) the technical conditions may also include the characteristics of the
in terms of environmental impact, the level of quality, design for
all requirements including accessibility for disabled persons and
conformity assessment, performance, safety or dimensions, terminology, symbols,
the examination and test methods, marking and labelling, or instructions for
the use of the.
(4) unless justified by the subject of the concession, the contracting authority shall not, in
specifications use direct or indirect reference to a specific
vendor or products and thus to favour or creating a disadvantage for certain
vendors or products. Such a link may be allowed in cases where the
determining the technical conditions referred to in paragraph 1 cannot be sufficiently
accurate or understandable. Each Contracting Authority shall complete such reference words
"or equivalent".
(5) if the contracting authority lays down the technical conditions with the use of a reference to
standards or technical documents may not reject a tender on the grounds that
works or services offered are not in accordance with the following
conditions laid down, if the supplier proves that the building offered
work or services meet the requirements defined in an equivalent manner
such technical conditions.
§ 183
Evaluation of tenders in concession management
(1) the evaluation criteria of the contracting authority shall specify in the notice of initiation of the procedure for the
control or in the invitation to tender. The provisions of § 114 to 118 with
shall apply mutatis mutandis. The sponsor can always proceed in accordance with § 115 paragraph. 2.
As quality criteria, the contracting authority may establish other criteria than are
listed in § 116, if they are based on objective facts
relating to the person of the supplier or to the subject of the concession. For the procedure,
in the evaluation of tenders shall apply section 119, mutatis mutandis.
(2) if the contracting authority receives the offer, which is designed to be an exceptional
innovative solutions, which the contracting authority acting with due care could not
assume, you may change the order of evaluation criteria in order to
the taking into account of this innovative solution.
(3) in the case of the changes referred to in paragraph 2, the contracting authority shall notify all participants
the award procedure to change the order of evaluation criteria in order of importance and
sends the
and a new notice of initiation) the procurement procedure, if the criteria
the assessment set out in the notice of initiation of the procurement procedure, or
(b)) a new challenge for the submission of tenders, where the criteria for the evaluation
established in the call;
in these cases, time limits must be complied with under section 181.
§ 184
Vendor selection and termination of the concession award procedure
(1) For vendor selection and termination of the concession shall apply to § 122
up to 127, mutatis mutandis.
(2) the contracting authority shall cancel the award procedure, if the value of the concession in accordance with
the menu of the selected vendor
and exceeds the financial limit set) by regulation of the Government, and at the same time
exceeds by more than 20% of the estimated value of the concessions provided for
before the start of the award procedure and
(b)) neuveřejnil notice of the contract notice in the official journal
Of the European Union.
§ 185
Notification of the outcome of the award procedure
The sponsor to 48 days from the conclusion of the contract sends a notification of the result of
notice for publication in the manner referred to in section 212.
TITLE IV
SPECIAL PROVISIONS RELATING TO THE CONCLUSION AND AMENDMENT OF THE AGREEMENT
§ 186
The opinion of the Ministry of finance
(1) the conclusion of the contract by the contracting authority pursuant to § 4 paragraph 2. 1 (b). (d))
or (e)), is the founder of the local government unit or the founder
the legal person or the legal person primarily finances,
controls or appoint or elect more than half of the members in her
statutory or control body, or to change the commitment of the Treaty is
in the case of concessions, the contracting authority shall request the previous
the opinion of the Ministry of finance. For an opinion on a change of commitment from
the Treaty is sought, when the proposed amendments relate to the amount of the obligation
the financial obligations of the applicant.
(2) the request for an opinion referred to in paragraph 1 shall contain, in addition to the General
requirements for filing pursuant to the administrative code also selected contract data
or of the amendments, the preamble pursuant to section 179 paragraph. 3, economic analysis
the impact of the conclusion of the contract or commitment of contract changes on the economic
the situation of the contracting authority, including information about the State of indebtedness
of the contracting authority, which are necessary for the assessment of his ability
meet the commitments of the agreement; content of the application Decree lays down requirements
The Ministry of finance. The Ministry of finance when a claim
cannot rate no other fact than those which are referred to in
paragraph 5, relevant for the examination of the application.
(3) the request for an opinion on the conclusion or amendment of a contract obligation for
themselves and for other contracting authorities referred to in paragraph 1 shall be submitted
territorial self-governing unit.
(4) if the application is not complete, the Ministry of Finance's request her
additions and fix an appropriate time limit to do so.
(5) the Ministry of Finance shall examine the request for an opinion from the point of view of possible
impact accepted the commitments contained in the agreement and their impact on
the economic situation of the contracting authority referred to in paragraph 1 or on the
the international commitments of the Czech Republic.
(6) if the Finance Ministry does not respond within 2 months of receipt
complete applications, does not have to close or change the commitment of the Treaty
-opposition.
PART NINE
THE PROCEDURE FOR THE AWARD OF PUBLIC CONTRACTS IN THE FIELDS OF DEFENCE AND SECURITY
TITLE I OF THE
GENERAL PROVISIONS
§ 187
Public order in the field of defence and security
(1) a public contract in the defence or security of the public
the contract, which specifies the contracting authority and the subject are
and military supply) its components, replacement parts, or
components parts,
(b) the shipment of sensitive material) its components, replacement parts, or
components parts,
(c)) works, supplies or services directly related to the supply of
referred to in point (a)), or (b)) for all phases of their life cycle,
d) works or services for exclusively military purposes, or
e) sensitive works or sensitive service.
(2) for the purposes of this Act, means the sensitive material, sensitive
construction works and sensitive services, works or material
services that touch on classified information or classified
information they require or contain.
(3) when a contract is in the area of defence or security,
that is not a concession, the contracting authority shall proceed according to the section of the third, fourth or
part six, title II, and it's part of the first, second, tenth to
the thirteenth, unless otherwise provided for in this section. When you enter the
public procurement in the area of defence or security, which is the concessions,
the contracting authority shall take place under this part.
(4) in the area of defence or security, the contracting authority may not use the open
control and management of innovation partnerships, competition for the proposal under section
the sixth title IV and is not entitled to set up a dynamic purchasing system.
§ 188
Specific provisions on the Central contracting authorities
In the case of public procurement contracts in the field of defence or security may be
central purchasing body the European public entity.
§ 189
Special provisions concerning vertical cooperation
(1) for the award of the contract for the purposes of this section shall not be considered
conclusion of the contract of the contracting authority with another person if
a) alone or jointly with other public contracting authority controls the
the legal entity as its internal business units; in
the case for controlling the State considers the organizational component of the State
that is the founder or the founder of the controlled person,
(b)) in the controlled legal person does not have an ownership interest by a person other than the
the controlling contracting authority or contracting authorities and
(c) a substantial part of the activities) of the controlled legal person is in the last 3
the years performed in carrying out the tasks entrusted to it the more
by the contracting authority or the controlling contracting authorities or other
legal persons, that of the controlling contracting authority or contracting
contracting entities may also control.
(2) the contracting authority controls the legal entity as its internal
organizational unit if it has a decisive influence on the strategic objectives and
significant decisions controlled legal person.
(3) contracting authorities jointly controlled entity referred to in
paragraph 1, if the
and to the decision-making authorities of permission) the controlled legal person
exercising influence on the controlled legal entity are composed of
representatives of all the participating contracting authorities; individual representatives
may represent the more controlling of the contracting authorities,
(b)) the controlling contracting authorities have a decisive influence on
strategic objectives and significant decisions controlled legal person and
(c)) the controlled legal person does not pursue any interests that are in conflict
with the interests of the controlling contracting authorities.
(4) the provisions of § 11 shall not apply.
§ 190
Special provisions relating to horizontal cooperation
(1) the contract is exclusively between contracting authorities for the purposes of
This section shall not be considered for award of the contract, if
and) this agreement constitutes or carries out cooperation between public
the contracting authority for the purpose of achieving their common objectives aimed at
ensuring the public needs that have these public
the contracting authorities shall ensure
(b)) to cooperation under subparagraph (a)) only controls the considerations related to
the public interest and
(c)) these contracting authorities of a substantial part of its activities, which
cooperation under subparagraph (a)) refers to, do not exercise on the market.
(2) the provisions of § 12 shall not apply.
TITLE II
SPECIFIC RULES FOR THE AWARD OF PUBLIC CONTRACTS IN THE DEFENCE SECTOR OR
SAFETY
§ 191
Special provisions for exemptions for contracts in the field of defence or
safety
(1) the award of a public contract in the field of defence and security
the contracting authority shall not be entitled to use the exception under the provisions of section 29 (b). and)
c), (d)), g), (i)) and to) to r).
(2) the contracting authority is not obliged to specify in the contract award procedure
field of defence or security, if
and) are entered in the framework of the cooperation programmes in research and development ^ 44),
which together perform the Czech Republic and at least another Member State when
development of a new product, and perhaps even in the later stages of the whole or part of the
the life cycle of the product; When concluding contracts on these programmes
only cooperation between the Czech Republic and the other Member States shall communicate to the
Czech Republic European Commission share the costs of research and development at
the total cost of the program, sharing the costs and also the intended
any participation on the purchases of individual Member States,
(b)) at the time of deployment of the armed forces of the United States outside the territory
The European Union operational needs require that suppliers have been entered
located in the area of operations,
(c)) are awarded by a contracting authority pursuant to § 4 paragraph 2. 1 (b). 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,
(f)) are awarded under special rules established by the international
the contract concluded between the Czech Republic and other than a Member State,
or
g) is governed by special rules of their entering international organizations,
who carries out the purchases for its own purposes or that must be
awarded by the Member States in accordance with those rules.
§ 192
Security of classified information
In the case of public contracts in the fields of defence and security, for which
experiencing the
and) access to classified information, or
(b) the request for a separate entry) to a secure area or meeting
area,
the contracting authority may lay down in the tender documents the measures which are
According to the species concerned ensure the protection of classified information ^ 5)
necessary to protect this information. Measures to ensure the
the protection of classified information, must also comply with the poddodavatelé, if
It is necessary to protect this information.
§ 193
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
lay down requirements for security of supply. For that purpose, may
in the contract documents, the contracting authority may require the party to the contract
Submit menu control
and documents or statements) coming from the authorities of the United States or
the competent State, demonstrating that the participant of the tender will be
able to in relation to the public contract to fulfil its obligations in the area of
import, export, transfer and transit of products which are the subject of
public procurement ^ 45), or
(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
lay down requirements for security of supply, in particular the obligation of the participant
the procurement procedure, that
and organization of a participant of the tender) and the location of the poddodavatelů
allow the participant of the tender comply with the requirements of the contracting authority in the
security of supply specified in the contract documents or
commitment to ensure that any changes in the poddodavatelích that occur
during the performance of the contract, should not adversely affect the performance 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
participant of the procurement procedure to the contracting authorities, or
(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.
§ 194
Special provisions on professional competence
In the case of public contracts in the fields of defence and security, for which
experiencing the
and) access to classified information, or
(b) the request for a separate entry) to a secure area or meeting
area,
the contracting authority may in addition to the requirements provided for in § 77 request and document
proving the ability of the supplier to secure the protection of classified
According to the information of the species concerned ensure the protection of classified
information ^ 5). This condition can be justified through the other
of the person.
§ 195
Special provisions on the eligibility of the participant of the tender
(1) the contracting authority may exclude a participant of the tender for
incapacity, if
and he was finally convicted for) the offence of which the merits of the
is related to his professional credibility, in particular as regards infringement
other legislation in the area of supplies of military or sensitive
material,
(b)) demonstrates that the tender participant has committed a serious
professional misconduct, in particular violations of the obligations in the area of classified
information or security of supply on the earlier of the contract, or
(c)) was not based on any evidence, including classified
the information is found to be sufficiently reliable in order to eliminate the risks
for the security of the United States.
(2) the provisions on the grounds for ineligibility pursuant to § 48 para. 5 (b). (d)), and
(f)) and the restoration of eligibility under section 76 shall not apply.
§ 196
Specific provisions on the criteria of technical competence
(1) when determining the requirements for demonstrating the technical qualification criteria
the contracting authority shall proceed in accordance with § 79 paragraph 2. 2 (a). (c)) to (l)). Additionally, you may
the contracting authority shall require
and a list of the works provided by) for the last 5 years prior
the start of the procurement procedure including certificate of the customer as to the proper
grant and completion of the most important of these works,
(b)) list of notable or significant supplies of services by a
the last 5 years before the start of the procurement procedure, including indication of prices and
the time of their delivery and the customer's identification and certificates
of the customer; the contracting authority may lay down that documents will be taken into account
supply or services provided for over the last 5 years
before the start of the procurement procedure, if it is necessary to ensure the
the appropriate level of competition.
(2) a certificate of the customer pursuant to paragraph 1. (b)) may be replaced by
Declaration of the vendor, if the issue is not possible,
or, the customer refused.
§ 197
Specific provisions on standards and technical documents
(1) if the contracting authority lays down the technical conditions in the area of defence or
security through reference to standards or technical documents,
does not flow under section 90. The contracting authority shall apply the standards or technical
documents in this order
and Czech technical standards) ^ 28) transposing European standards adopted
the European standardisation bodies and made available to the public,
(b)) of the European technical assessment ^ 29),
(c)) the General technical specifications laid down in accordance with a procedure recognised by the
the Member States and published in the official journal of the European Union,
d) Czech technical standards transposing international standards,
(e)) of the international standards accepted by the international standardisation bodies, and
available to the public,
f) technical documents issued by the European standardisation bodies,
g) Czech technical standards,
(h) building technical attestation) ^ 30),
I) national technical specifications relating to the design, assessment and
construction of buildings and building works and use of the products,
j) the technical specifications agreed by the specialized on
drawing up technical specifications for repeated or continuous
use in the field of defence.
(2) for any reference to standards or technical documents referred to in paragraph 1
the sponsor expressed the possibility of equivalent solutions.
(3) the contracting authority may link to standards or technical documents according to the
paragraph 1 shall also apply as a means of verifying compliance with the requirements
the contracting authority pursuant to § 89 paragraph 1. 1 (b). and the technical conditions may.)
the contracting authority shall also lay down the form of the combination of the requirements referred to in § 89 paragraph 1. 1
(a). and reference to standards) or the technical documents referred to in paragraph 1
or 2.
§ 198
Special provisions for the negotiated procedure without publication of a
(1) in the case of public contracts in the field of defence or security may
the contracting authority shall use the negotiated procedure without publication in accordance with § 63 para. 1
also, if in the previous proceedings, the competitive dialogue have not been
in cases where no application for participation.
(2) 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 award procedure; the crisis means the emergency
situations, including armed conflict or war in the Czech Republic
or another State that has already been or is imminent, her
the emergence of, and which seriously threatens or limits the lives, health, or
property or requires the adoption of measures to ensure basic supply
for the population,
(b)) the subject of the public contract are services in the field of research and development, on
not covered by § 191 para. 2 (a). a), 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.
(3) the contracting authority may negotiated procedure without publication in accordance with § 64 (a). (b))
apply in the case of public contracts in the fields of defence and security,
If the total duration of the original contract, including the duration of the contract
the additional supplies does not exceed the period of 5 years, unless it is justified by the
special circumstance identified with regard to the expected operational
the life of the supplies, including their installations or systems, and technical
the difficulties which may be caused by a change of the supplier.
(4) the contracting authority may negotiated procedure without publication in accordance with § 66 in the case of
public contracts in the defence or security of use, even if there are
filled with terms and conditions under section 66 (a). (d)), and (e)). The contracting authority may, in such
the case of the negotiated procedure without publication of a start only within 5 years from the date of
conclusion of the contract on the original contract; negotiated procedure without
the publication can be started even later, if this is justified by the circumstances
worthy of special attention.
(5) the negotiated procedure without publication in the sponsor may award a public
the contract for the construction work or public service contract also
When it comes to additional works or additional services,
that were not included in the original tender documents, their need
as a result of unforeseen circumstances, and such additional building
work or additional services are necessary to provide the original
construction work or for the provision of the original service, and under the
provided that the
and additional works) or additional services will be awarded to the same
the vendor,
(b)) additional works or services cannot be technically
or economically separated from the original contract, if this
the Department has caused a serious injury to the contracting authority, or as the
Department technically or economically possible, are additional works
or additional services necessary for the completion of the subject of the original
public contracts and
c) in the case of the contracting authority the total range of the additional building
work or additional services does not exceed 50% of the price of the initial public
of the contract.
(6) 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 § 126
to justify this contract by negotiated procedure without prior publication.
§ 199
Special provisions for the negotiated procedure with the publication of the
(1) the contracting authority may award a public contract in the area of defence or
safety in the negotiated procedure with publication without the fulfillment of conditions
referred to in section 60.
(2) the contracting authority may proceed in accordance with § 61 para. 3 even in the case that
the previous tendering procedure competitive dialogue.
§ 200
Special provisions concerning the restricted procedure
In a restricted procedure, the contracting entity may, in the notice of initiation of the procedure for the
control to reserve a reduction in the number of parties to proceedings under section 111. In such a
case it shall proceed in accordance with § 61 para. 5 apply mutatis mutandis.
§ 201
Special provisions relating to time limits for the excess contract
(1) in the case of excess public contracts in the defence sector or
security in restricted procedure, negotiated procedure with the publication of the
or competitive dialogue procedure, the contracting authority shall set a deadline for the submission of
requests for participation in at least 37 days from the commencement of the procurement procedure.
(2) the contracting authority shall lay down in the strict control on public procurement in excess
the defence or security of the deadline for the submission of tenders on at least 40
days of dispatch of the invitation to tender. This period may be reduced by
5 days, if the contracting authority shall publish a notice to the contracting authority the award profile
documentation in full from the date of publication of a notice of a narrower
control.
(3) the time limit for the submission of tenders may be reduced to at least
22 days, if the Contracting Authority published an advance notice, which
nezahajoval procurement procedure and that it was sent for publication at least
52 days and no more than 12 months before the date on which the notification was sent
the initiation of the procurement procedure.
(4) the time limit referred to in paragraph 2, the first sentence can be shortened by 7 days,
If the contracting authority submits the form for publication in accordance with § 212
electronically.
(5) a shortening of the time limits referred to in paragraphs 2 and 4 may be subject to conditions
therein add up.
(6) If an urgent circumstance makes it impossible for the determination of the period referred to in
paragraph 1, the contracting authority may lay down
and) deadline for submission of requests to participate in a restricted procedure or the rules of procedure
with the publication, so that was at least 15 days or 10 days from the start of
the procurement procedure, if the contracting authority has sent a form for publication
According to § 212 electronically, or
(b)) the time limit for submission of tenders in the restricted procedure was at least 10 days from the
dispatch of the invitation to tender.
The urgency of the circumstances justifying the contracting authority in the contract documents.
§ 202
Special provisions relating to time limits for below-limit public procurement
(1) in the case of podlimitních public procurement in the defence sector or
security in restricted procedure, negotiated procedure with the publication of the
or competitive dialogue procedure, the contracting authority shall set a deadline for the submission of
requests for participation in at least 15 working days after the initiation of the procurement
control.
(2) the contracting authority shall lay down in the restricted procedure the time limit for the submission of tenders on
at least 15 working days following the dispatch of the invitation to tender.
§ 203
Special provisions on the prohibition of conclusion of the contract
In the case of public contracts in the fields of defence and security
awarded on the basis of the framework agreement, § 246 para. 1 (b). and)
does not apply.
§ 204
Specific provisions on framework agreements
Duration of the framework agreement in the area of defence or security may not be
more than 7 years, with the exception of cases, when taking into account the expected
the service life of the goods supplied and technical problems that could
be caused by the change of the supplier; the contracting authority is obliged to these objective
causes of duly substantiated and indicate in the notice of award of the contract
published in a manner pursuant to § 212.
§ 205
Specific provisions on the written report of the contracting authority
The written report of the sponsor in the case of a public contract or framework agreement
in the area of defence or security must include beyond the requirements
referred to in § 217 paragraph. 2 i preamble
and exceeded the total duration) under section 64 (c). (b)), if the
exceeding this time,
(b) failure to comply with time limits) under section 198 paragraph 1. 3, if there is failure to comply with it,
and
(c)) the conclusion of a framework agreement for more than 7 years, if such
agreement is concluded.
TITLE III
SPECIAL PROVISIONS FOR PODDODAVATELÍCH
§ 206
(1) the contracting authority may, in the case of public contracts in the defence sector or
the safety required in the tender documents, that offer contained
the undertaking by the procurement procedure, that in the course of performance of public
the contract shall notify the contracting authority of any changes in the persons poddodavatelů.
The contracting authority may also request the tender documents in the case
excess public contracts in the fields of defence and security, in order to
the selected vendor
and) for all or some parts of the contract, which he intends to
Enter poddodavateli, proceeded in accordance with the provisions of this title,
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
poddodavatelům, and poddodavatele in the selection proceeded in accordance with the
the provisions of this title; the contracting authority shall lay down the financial value in the form
a range of values with a minimum and maximum percentage value,
the maximum value must be reasonable having regard to the public
order and may not exceed 30% of the estimated value of a contract.
(2) the sponsor in the case of public contracts in the defence sector or
safety requirements referred to in paragraph 1 shall be indicated in the notice or the invitation to
the initiation of the procurement procedure.
(3) the provisions of § 105 para. 3 does not apply.
Section 207
How to select poddodavatele
(1) the selected vendor, unless the contracting authority pursuant to paragraph 4, it shall proceed according to the
This provision in the procedure for the selection of poddodavatele in the case of public
contracts in the field of defence or security, if so provided by the contracting authority
in the contract documents under section 206 paragraph. 1.
(2) for the poddodavatele for the purposes of paragraph 1, a person shall not be considered to
that is the selected vendor controlling or controlled by another
^ Law 46), or a person who is jointly with the selected
vendor-controlled entity by another person in accordance with other legal
prescription ^ 46); in this case, the supplier shall indicate the complete list of these
people in their menu and updates it without undue delay after each
change in relations between those persons.
(3) the selected contractor is obliged to follow when selecting the poddodavatele
the principles set out in section 6.
§ 208
Notice of poddodávce
(1) in the event that the estimated value of public contracts, which
It has to fulfil the sub-supplier, is at least the financial limit established
an implementing regulation in accordance with § 25 for public contracts in the field
Defense or security, sends the selected vendor notice of poddodávce
for publication in the manner referred to in section 212. The provisions of § 16 to 23 for the determination
the estimated value of the procurement section shall apply mutatis mutandis.
(2) if the contracting authority in the contract documents the contract
poddodavatele qualification requirements, the supplier is selected in the
notice of poddodávce. The selected supplier is entitled to indicate in the notice of
poddodávce any additional criteria that will enable an objective assessment of the
qualifications poddodavatele. This qualification criteria must be
objective, non-discriminatory, in accordance with the criteria of qualification
required by the contracting authority when awarding public contracts and must
immediately and reasonably related to the subject of performance provided by the
poddodavatelem.
(3) If a part of the contract, which has to fulfil the sub-supplier,
otherwise, the conditions for the use of the negotiated procedure without publication,
the selected vendor is not obliged to publish the notice of poddodávce.
(4) the selected vendor does not have an obligation to choose the procedure poddodavatele
under this title, if the contracting authority establishes that none of the poddodavatelů
participating in the proceedings or their menu does not meet the requirements referred to in
notice of poddodávce, and therefore this procedure made it impossible for him to fulfill the
public contract.
TITLE IV
SPECIAL PROVISIONS FOR CHANGES IN LIABILITIES FROM CONTRACTS OF A PUBLIC CONTRACT
§ 209
In the case of public contracts in the defence or security of the
the provisions of § 222 para. 4 to 8 do not apply.
PART TEN
COMMON PROVISIONS
§ 210
Overlapping of activities
(1) be an accumulation of activities, for the purposes of this Act, means, where the
the subject of the procurement section, to be awarded according to different
parts of this Act. If these are part of the subject of the contract
objectively, the contracting authority may be separable type separately or you can
choose to enter one order for which the award rules apply in
paragraphs 2 and 3. The choice of entering one of the contract shall not be made for the
the purpose of the circumvention of the law.
(2) in the case of public contracts, which is the accelerated public works contract
or only a part of the concessions, and these parts are objectively not separable,
the contracting authority shall proceed according to the rules relating to the
activities, which mainly refers to the contract.
(3) if the parts of the contract are objectively separable or are
objectively inseparable and cannot determine which activities are open to the public
the contract mainly refers to, the contracting authority shall take place according to the rules for
entering
and in the case of public concessions) orders that are only of concessions
part, or
(b)) in the case of the sectoral public procurement public procurement
are sectoral public contract only in part; This does not apply to public
orders that are in part sectoral public procurement, and in part
the concessions, which the contracting authority shall proceed according to the rules for entering
sectoral public procurement.
(4) in the case of public procurement, which is a public works contract in the field of
Defense or security only in part, the sponsor may follow
the rules for the award of public contracts in the defence sector or
security only in the case that part of public procurement are objectively
inseparable. If you are part of a public contract, objectively, separable,
the sponsor may choose to separate individual parts order entry
or enter a contract, which specifies the rules
valid for the remainder of the contract.
§ 211
Communications between the contracting authority and the supplier
(1) communications between the contracting authority and the supplier in a procurement procedure and
special procedures in accordance with part six is in writing; If it is not in this
the Act provided otherwise, oral communication can be used, if the content in the
sufficiently documented, in particular, the minutes, audio recordings
or summaries of the main elements of the communication.
(2) when the communication between the contracting authority and the supplier shall not be impaired by
the confidentiality of tenders and requests to participate and the completeness of the data contained in them.
The contracting authority shall not be granted access to the content of tenders and requests to participate
before the expiry of the time limit for their submission.
(3) written communications between the contracting authority and the supplier shall take place
electronically with the exception of cases, when
and the use of electronic communication with) regard to the special nature of public
the contract requires special tools, equipment or files, formats
are not generally available or supported generally available applications;
for generally available shall not be used to describe the subject
transactions that use file formats that cannot be handled by
no other applications with open source code, or generally available
application, or apply to them commercially provided by license and
the contracting authority is not available for download or use from a distance,
(b)) the use of electronic communications requires special Office
equipment, which normally are not available,
c) specifications require the production of the samples or models which
cannot be produced for the use of electronic communication, or
d) use other than electronic communications is necessary because of the
breach of security of electronic communications or for the protection
the particularly sensitive nature of the information, while the required level
security cannot be properly secured commonly available electronic
instrument or instruments referred to in § 103 para. 3.
(4) when an electronic communication in the procurement process, the competition for the design and
in awarding public contracts based on a framework agreement or in
a dynamic purchasing system shall provide to the contracting authority to vendors available
all information of a technical nature, including encoding and encryption
are necessary for electronic communications, in particular for electronic
the submission of tenders and requests to participate.
(5) unless the communication is proceeding through the electronic
tools or data boxes ^ 47), must be a data message ^ 48) fitted with
valid, recognized electronic signature ^ 48) as regards
the specified call to the participants) the procurement procedure,
(b) the notice of the selection of the supplier),
(c) a decision on the most appropriate design) in the competition for the design,
(d)), a participant of the tender.
(6) when the communication is carried out by means of a data box
document is delivered to the addressee's mailbox data.
§ 212
Disclosure forms
(1) the contracting authority is obliged to send the publication under this Act
use the form according to the directly applicable European Union legislation or
the form according to the implementing legislation (hereinafter referred to as "form").
The form is the contracting authority must fill in the manner laid down in the implementing
provision.
(2) if the contracting authority in the event of excess procurement did not send
notice of initiation of the procurement procedure, it may send a voluntary
of the intention to conclude the contract directly through the form according to the
of the applicable legislation of the European Union.
(3) the contracting authority submits the Form electronically to
and public procurement) of, if it is a below-limit public contract,
b) Journal of public procurement, and in the official journal of the European Union,
in the case of excess contract; submit to the official journal of the
The European Union, the contracting authority may make through the operator
Journal of public procurement.
The form shall not be considered if it is sent to the operator of a Journal
public procurement or the official journal of the European Union did not accept to
the publication due to the failure to complete the prescribed information, or failure to comply with
established formats. The contracting authority must be able to prove the date of dispatch
form for publication in the journal of public procurement, where applicable, in
The official journal of the European Union.
(4) in the case of changes to the information provided in the form is the sponsor
obliged to send an appeal form.
(5) the contracting authority may publish in the official journal of the European Union form
even in cases where the law does not provide for the obligation of publication.
(6) if the contracting authority does not send the form to the official journal of the European Union
through the operator, Journal of public procurement, it sends
together with the form for publication in the journal of public procurement and
a copy of the notice of the publication of the form in the official journal of the European Union
without undue delay after having received confirmation of the publication of the
The official journal of the European Union. If it is not the contracting authority notice of
the disclosure form in the official journal of the European Union to 48 hours from the
delivery acknowledgement to prior publication in the official journal of the
The European Union, the contracting authority submits the form for publication in the journal of the
public procurement, together with proof of receipt of the notice for publication
in the official journal of the European Union.
(7) in the case of public procurement, the excess shall not be published in a form
in the journal of public procurement or contracting authority prior to the profile
publication in the official journal of the European Union. This does not apply if it is not
the contracting authority or the operator of Journal of public contracts received
notification of publication form in the official journal of the European Union to 48
hours of receipt acknowledgement of receipt of the notice for publication in the official
Journal of the European Union.
(8) in the Bulletin of public procurement must not be published any data
different from the data that is contained in the forms sent to
publication in the official journal of the European Union, or published on
profile of the contracting authority. Information about the tender shall not be
published on the profile of the contracting authority before the publication in the Gazette to the form
public procurement contracts.
(9) the Ministry for regional development shall lay down by Decree
and the form that is used for the publication of) the information under this Act,
for which the form is not determined by the directly applicable European law
of the Union,
(b)) the way to fill out forms including the establishment of compulsory to fill in
data,
(c) conditions of acceptance forms to) the publication,
(d)) how to modify data in forms,
e) access to published forms,
f) delivery of forms and
g) to remedy the defects in the published forms and filling defects
the operator, Journal of public procurement.
§ 213
Electronic tools
(1) the contracting authority may use the electronic tools provided
the use of these electronic tools does not violate the prohibition of discrimination
and these electronic tools are with regard to the subject of the contract
generally available and interoperable with the information and products
communication technologies. The use of electronic tools must be
for the supplier free of charge.
(2) in the case of electronic instruments which is
carried out receipt of tenders, the indicative tenders, requests to participate, applications
for inclusion in the system of qualifications, requests to participate or, where appropriate, proposals
in the competition for the proposal, the contracting authority shall ensure that
and could be accurately determined) date and time of the electronic Act
under this Act,
(b)) before the deadlines, no one had access to their content,
(c)) only authorized persons can establish or change data for
disclosure of data received
(d)) during the award procedure or a design contest access to all
or to a part of the transmitted data is possible only on the basis of
the decision of the authorized persons,
(e)) decision of authorized persons referred to in subparagraph (d)) could allow access to
submitted information or documents to the predetermined date,
(f)) Inbox and made available information or documents have been accessed
only persons who are eligible to become familiar with them, and were
protected against unauthorized access by third parties,
g) in the case of violation or attempted violation of the conditions under section 213 paragraph.
2 (a). (b) to (f))) ensure that a violation or attempted violation of
will be reliably detectable, and
h) was for the electronic tools provided technical support and service
in case of failure.
(3) Ministry for regional development shall lay down by Decree
and conditions for the provision and access) to the documents and information
through e-tools
(b) by means of electronic delivery) terms, tools
(c)) the conditions of administration, receipt and opening of tenders, requests to participate and
the proposals in the competition for the design of electronic instrument
(d) the requirements for the implementation of electronic) action for the award of public
contracts,
(e)) the requirements for keeping records on electronic acts,
f) conditions to issue the certificate of compliance,
(g)) the details and validity of the certificate of conformity,
h) requirements on functional properties of electronic tools and the environment
in which the electronic tool is operated in relation to
certification e-tool, and
I) technical requirements profile of the contracting authority.
(4) the sponsor shall ensure that the electronic instruments, the
through acts in public procurement
made, proven to meet the requirements established by this Act
and the implementing legislation. Meet the requirements of the electronic
tool, you can always prove conformity certificate which issued the body
accredited by the national accreditation of the conformity assessment body on
the basis of other legislation ^ 49).
section 214
The contracting authority's profile
(1) the Internet address of the contracting authority, the contracting authority sends the profile to
publication in the Bulletin of public procurement in a manner pursuant to § 212.
Information on the profile of the contracting authority, are considered to be released under this
the law from the moment of the publication of the first Internet address profile
the contracting authority, in the journal of public procurement.
(2) the contracting authority is not entitled to use to publish information about their
public procurement at the same time more profiles of the contracting authority
noted in the journal of public procurement as active. This does not affect
the right of the contracting authority at the same time make use of an electronic tool, whose management
ensures the Ministry for regional development, as well as your profile
the contracting authority; in such a case, the contracting authority shall proceed in accordance with paragraph 1
by analogy.
(3) in the case of the operating unit of the contracting authority under § 17 para. 2, can
operating unit use to publish information about their public
orders a custom profile of the contracting authority. Paragraphs 1 and 2 shall apply by analogy.
(4) Ministry for regional development shall lay down by Decree
and) access to published information,
(b) the structure of the data published on) a profile of the sponsor and
(c)) on how to change the profile of the contracting authority.
section 215
Electronic catalogues
(1) the contracting authority may require, or accept, that the offer was
presented as an electronic catalog or the electronic catalogue was
part of the menu. An electronic catalogue for the purposes of this Act,
means the set of information that contains the prices corresponding to each
subject of the contract items, the description of such items, or
For more information related to them. Electronic catalogue must satisfy the
all requirements laid down for electronic tools used for
electronic communications.
(2) if the contracting authority requires or permits the submission of a tender in the form of
the electronic catalogue, it shall be indicated in the notice of initiation of the procedure for the
control, in the invitation to submit a request for participation pursuant to § 58 para. 5, in the invitation
for the submission of tenders or in the invitation to negotiate. In the contract documents
the contracting authority shall provide all the necessary information for the submission
the electronic catalogue, especially the fixed format of the electronic
catalog and technical means used. Offer in the form of
electronic catalogue can be complemented by other documents.
(3) in the case of the use of an electronic catalogue in awarding public
contracts based on framework agreements concluded with several participants in the framework
agreement or the dynamic purchasing system, the contracting authority
and in writing invite participants) of the framework agreement, to submit
electronic catalogue, which will be modified according to the terms of reference
public contracts awarded in the context of the framework agreement, or
(b) shall notify the participants in the framework agreement), that a public contract on the basis of
the framework agreement will be specified by selecting from the electronic catalogues
presented in the conclusion of the framework agreement. The notice includes the date and
the time at which the contracting authority selects data for award of the contract to the
under the framework agreement. Notification must be sent electronically at least
5 working days prior to the selection of the data. Party to the framework agreement may
update the information in the submitted electronic catalogue. In the case that
participant of the framework agreement does not agree that the information in the submitted
electronic catalogue were used for the award of the contract to the
under the framework agreement, it shall notify the contracting authority no later than
the date and time of the selection data; such data shall also be disregarded.
Before entering the public contract on the basis of the framework agreement the contracting authority
It will present selected data from the electronic catalogue of the selected
suppliers to the substantive review.
(4) if the contracting authority, in the case of dynamic electronic catalogue
purchasing system, it shall, mutatis mutandis, in accordance with paragraph 3.
§ 216
Retention of documentation of procurement procedure
(1) the contracting authority is obliged to keep documentation on the procurement procedure,
which consists of all of the documents in paper or electronic form and
outputs from the oral communication during the making of the award
control, or after its termination, this law requires, including
the full text of the original menus of all the suppliers, for a period of 10 years
from the date of termination of the procurement procedure or from changes to the Treaty obligation to
contract, unless another law ^ 50) a longer period.
(2) the contracting authority is obliged to take documentation on the procurement procedure
in such a way to be able to prove, if necessary, documentation
the current stage of the procurement procedure.
(3) on the award of public contracts on the basis of the framework agreement or in
dynamic purchasing system and the competition for the design of the rules for
retention of documentation on the procurement procedure shall apply mutatis mutandis.
§ 217
The written report of the contracting authority
(1) the contracting authority shall draw up a written report each time a procurement procedure.
(2) the Written report shall contain at least the
and the designation of the contracting authority, the subject matter) of the contract and the price agreed in the
the contract, if the contract has been concluded,
(b) type of award procedure) used,
(c) the designation of the participants of the tender),
(d) the designation of all excluded) participants of the procurement procedure, with an indication
because of their exclusion,
e) mark vendors with whom a contract or a framework
Agreement, or vendors who were enrolled in a dynamic purchasing
system, including the rationale for their selection,
f) indication of poddodavatelů suppliers by the letter e), if they are
known to the contracting authority,
(g)) justification for the use of the negotiated procedure with publication or proceeding shall
competitive dialogue, if it was used,
(h)) justification for the use of procedures without prior publication, if used,
I) justification for the use of the simplified scheme, if used,
j) justification for the cancellation of the procurement procedure or the imposition of a dynamic
purchasing system, if this has occurred,
k) justification for the use other means of communication during the submission
menu instead of electronic means, where other means of
used,
l) inventory of people, for which a conflict of interest has been identified, and subsequently adopted by the
the measure, if it was a conflict of interest is detected,
m) if the contracting authority excess shall not be part of the contract,
the contracting authority shall indicate in the preamble to this procedure, if you did not indicate in the tender
documentation, and
n) setting the requirement for proof of turnover in the case of the procedure
According to § 78 para. 3 If you did not specify in the contract documents.
(3) in a written report, the sponsor may refer to the notification of the result of
the procurement procedure, if the published notice shall include the information referred to
in paragraph 2.
(4) the contracting authority submits a written report upon request to the European Commission.
(5) the contracting authority shall, within 30 working days from the completion of the procedure for the
control publish a written report on the profile of the contracting authority.
§ 218
Protection of information
(1) the following shall be considered as confidential information or communication provided by the supplier
the contracting authority in the contract award and named them as confidential.
(2) the sponsor does not provide in accordance with the law on free access to
information,
and the closing of the tender) information relating to the content of the
tenders and the people that are involved in the course of the procurement procedure,
(b)) the confidential information referred to in paragraph 1; It does not apply to information that
the contracting authority has a duty under this Act, in the report on the evaluation,
the notice of the selection of the vendor, the result of an assessment of the fulfilment of the conditions
the participation of a selected vendor, or in a written report of the contracting authority.
(3) the contracting authority may not disclose the information under this Act, if
its publication meant a violation of any law or by
be contrary to the public interest or would violate the right to
a vendor on the protection of trade secrets or could affect
competition.
section 219
Public disclosure of contracts and actual prices paid
(1) the contracting authority shall publish a notice on the profile of the sponsor contract
the contract, including any amendments and additions, and within 15 days
Since their closure, or from the end of each quarter in the case of public
contracts awarded on the basis of the framework agreement or the dynamic purchasing
the system. This does not apply for
and public order), whose price does not exceed 500 000 CZK without
value added tax,
(b) a public contract) contract, for which the Contracting Authority proceeded in
accordance with section 29 (b). a) to (c)) and (b). l) section 2, section 30 (a). (d)) or §
paragraph 191. 2 (a). (e)),
(c)) for the contracting entity, which is the intelligence agency under another legal
Regulation, or
d) contract launched under other legislation.
(2) the contracting authority shall publish, on a framework agreement to sponsor profile
15 days of its conclusion.
(3) the contracting authority shall publish, not later than 3 months after the fulfilment of the
the contract to the contracting authority's profile of the actual prices paid for carrying out the
the contract, which is subject to public disclosure pursuant to paragraph 1. U
contract filling time exceeds 1 year, the contracting authority shall publish
not later than 31 December 2006. March of the following calendar year the award for performance of the
of the Treaty in the previous calendar year.
(4) the structure of the data for public disclosure of the amount of the actually paid the price for
performance of the contract and the details of the publication of the contracts concluded
a public contract shall lay down by Decree of the Ministry for regional development.
section 220
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 § 4 paragraph 2. 1 (b). and) or (c)), the estimated
the value exceeds $300 000 000, for the purposes of this Act shall be deemed to
and the contract documents,) the approval or
(b) the award of the contract).
(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 eligibility.
§ 221
Billing for the performance of the contract
The contracting authority may not refuse an electronic invoice issued by the supplier
for performance of the contract by reason of the format that is in accordance with the
the European standard for electronic invoices.
§ 222
Change the commitment from the contract
(1) unless otherwise provided, the contracting authority shall not allow a substantial
change of obligation of the contract for the period of its duration, without
the implementation of a new award procedure under this Act.
(2) A substantial change in the obligation of the contract, the
does not consider the application of dedicated commitment changes negotiated in the
a public contract on the basis of the terms of reference in accordance with § 100 para. 1.
(3) a major change in the obligation of the contract is
change the terms and conditions that would
and allow for the participation of other suppliers) or could affect the selection
vendor in the original tender, if the specifications of the
the original tender reflect this change,
(b)) change the economic balance of the commitment of the Treaty in favour of the
the selected vendor, or
(c)) led to the significant expansion of the scope of performance of the contract.
(4) A substantial change in the obligation of the contract, the
is not considered a change that does not alter the overall nature of the contract and the
the value is the
and) lower than the financial limit for the excess contract and
(b)) is less than
1.10% of the original value of the undertaking, or
2.15% of the original value of the contract to the
construction work, which is not a concession.
If it will be done more changes, it is determined the sum of all of these
changes.
(5) A substantial change in the obligation of the contract, the
not be considered additional works, services or supplies from a vendor
the original contract, that were not included in the original commitment of
the contract, if necessary, and the change in the person of
vendor
and economic) is not possible or, for technical reasons relating to
in particular, the requirements on the compatibility of or interoperability
existing facilities, services, or installations that are recorded by the contracting authority
in the original tender,
(b)) would have caused considerable difficulties to the contracting authority or a significant increase of costs and
(c)) the value of the additional works, services or supplies does not exceed the
50% of the original value of the undertaking; If it will be done more changes, it is
record the sum of the values of all of the changes under this paragraph.
(6) A substantial change in the obligation of the contract, the
does not consider the change,
and the need arose in) due to circumstances that the contracting authority
acting with due care, could not foresee
(b)) does not change the overall nature of the contract and the
(c)) shall not exceed 50% of the value changes the original values of the undertaking; If you will be
made more changes, it is the sum of the values of all the decisive changes under this
paragraph.
(7) A substantial change in the commitment of the Treaty referred to in paragraph 3 to the public
the contract, the object of which is the execution of the work, does not constitute
substitution of one or more items in the inventory of the works one or
more entries, provided that
new inventory items) of the works represent a comparable kind
material or work in relation to the replaced items
(b)) the price of material or work according to new building inventory items
the work is in relation to the replaced items the same or lower,
c) material or work under the new items the inventory of the works
are in relation to the replaced items of equal or higher quality and
(d) the contracting authority shall draw up) about each individual confusion between a list that includes the new
an inventory of the works items definition in the original inventory items
the works, which are being replaced by, together with a detailed and
in a clear justification for the comparability of material or work under
(a)) and the same or better quality referred to in point (c)).
(8) where the procedure under paragraph 5 or 6 of the sponsor is obliged to
30 days of the change of commitment to send notification on change of commitment to disclosure
way under section 212.
(9) for the purposes of calculating the value of a price increase or change the original
value means the price agreed in the contract of a public contract
adjusted in accordance with the provisions of the price change, if the contract contains the
a public contract such provisions. The total price increase related
with the changes referred to in paragraphs 5 and 6, when the deduction works, services
or supplies that were not with regard to these changes implemented,
does not exceed 30% of the original value.
(10) a major change in the obligation of the contract is also
the replacement of the supplier by a third party. Replace another vendor
the supplier is, however, possible
and in the case of the application of the reserved) changes the obligation agreed to in the Treaty
a public contract on the basis of the terms of reference in accordance with § 100 para. 2,
or
(b)), if the change in the person of the supplier is the result of legal succession in
the context of the transformation of the supplier, its death or transfer its
the race, part of the race, and, where appropriate, new supplier meets the criteria
the qualifications set out in the specifications of the original contract
control.
§ 223
Their commitment to the contract
(1) the contracting authority may commitment from the contract to terminate the
or withdraw from it if its performance cannot continue
without violating the rules set out in section 222.
(2) the contracting authority may commitment from the contract to terminate the
or withdraw from it without undue delay after it finds that
the Treaty should not be closed, because the
the selected vendor) should be excluded from participation in a procurement procedure,
(b)) the selected vendor before entering a public contract has provided data,
documents, samples or models which did not correspond to reality and should
or could have an impact on the selection of the contractor, or
c) selection of contractor is related to serious violations of the obligations of the Member
State within the meaning of article 87(1). 258 of the Treaty on the functioning of the European Union, of which the
the Court of Justice of the European Union.
(3) the right of the contracting authority to terminate the obligation of the contract
under other legislation are not affected by this provision.
(4) the agreement to conclude from paragraphs 1 to 3 shall be disregarded.
PART ELEVEN
THE INFORMATION SYSTEM ON PUBLIC PROCUREMENT
§ 224
The information system on public procurement
(1) the information system on public procurement is information system
public administration, whose administration ensures the Ministry for regional development.
The information system on public procurement provides
and journal of public procurement)
(b)), the list of qualified suppliers,
(c)) for more information needed for electronic communications when you enter
public procurement contracts.
(2) the operator of parts of the information system on public
procurement is the Ministry for local development or legal person
in charge of the Ministry. In the case of the other person's credentials for Ministry
local development approves the operational rules of the operator's individual parts
the information system on public procurement. A decision on the credentials of the
the operator shall publish the Ministry for regional development in the form of a communication
in the collection of laws.
TITLE I OF THE
JOURNAL OF PUBLIC PROCUREMENT
§ 225
Operation of journal of public procurement
Journal of public procurement contracts, for the purposes of this Act, the portion of the
the information system on public procurement, which is used for the publication of
information on public procurement and public procurement at national
level.
TITLE II
A LIST OF QUALIFIED SUPPLIERS
§ 226
Maintenance of a list of qualified suppliers
(1) the list of qualified suppliers shall, for the purposes of this Act
means that part of the information system on public procurement, which is used
suppliers to demonstrate basic competence pursuant to § 74 and professional
eligibility under section 77.
(2) the list of qualified suppliers is available unlimited and
remote access.
§ 227
The information recorded in the list of
To the list of qualified suppliers shall be entered
and the name and address of vendor) in the case of a legal person,
(b)) and the registered vendor branch,
(c)) the name, or the name and surname or business name, and address,
in the case of a natural person,
(d)) the legal form of a legal person,
e) identification number, if assigned,
(f)) the name, or the name and surname of the persons referred to in section 74 and their position,
the feature or a different relationship to the vendor,
g) line of business or other activities, to which the entry in the list
qualified suppliers shall apply,
h) list of documents, which the supplier has demonstrated basic competence and
professional competence,
and the date of registration in the list) of qualified suppliers,
j) date of last update of data in the list of qualified
suppliers and
k) where appropriate, indication according to § 231 para. 4.
§ 228
Excerpt from the list of qualified suppliers
(1) the supplier shall submit to the contracting authority a listing from the list of qualified
suppliers, this listing replaces document proving
and) professional requirements under section 77 in the extent to which the information in the
extract from the list of qualified suppliers shall demonstrate compliance with the criteria
professional competence, and
(b)) core competencies under section 74.
(2) the contracting authority is obliged to accept a listing from the list of qualified
If the last date on which it is to be demonstrated
core competence or professional capacity, is not listing from the list
qualified suppliers older than 3 months. The contracting authority may not
take the listing from the list of qualified suppliers, that is
indicate the initiation of proceedings pursuant to section 231 para. 4.
(3) as well as the listing from the list of qualified suppliers can
the supplier to demonstrate the qualifications certificate which comes from another
of the Member State in which the supplier has its registered office, and which is equivalent to the statement
from the list of qualified suppliers.
§ 229
The release of the statement from the list of qualified suppliers
(1) a listing from the list of qualified suppliers is published
The Ministry for local development or through the information
public administration system ^ 20) in paper or electronic form
signed by a recognized electronic signature or marked by a recognized
electronic marker. Excerpt from the list of qualified suppliers is
issued to the person who asks for a statement. Excerpt from the list of qualified
suppliers shall be issued in the English language.
(2) the Ministry of local development will issue a listing from the list
qualified suppliers within 5 working days from the date of receipt of the
request.
§ 230
Entry on the list of qualified suppliers
(1) the entry in the list of qualified suppliers is carried out on the basis of the
vendor requests. The application shall contain the originals or certified
a copy of the documents proving the basic eligibility under section 74 and professional
eligibility under section 77. Submitted papers must demonstrate compliance with
the eligibility criteria, not later than 3 months before the date of submission of the
request.
(2) the documents referred to in paragraph 1 may be replaced by a reference to information
held in the information system of public administration ^ 20), which allows you to
unlimited remote access. Such reference must contain the Internet
the address and the data necessary to log in and locate the desired
information. The supplier may also empower the Ministry for local development to the
request a statement or acknowledgment from the public information system
the Administration, which does not allow remote access, if
and provide the necessary data to) their acquisition and
(b)) these listings are provided free of charge or confirmation.
(3) if the documents referred to in paragraph 1 in a language other than English,
§ 45 para. 3 and 4 apply mutatis mutandis.
§ 231
Changes in the list of qualified suppliers
(1) the supplier recorded in the list of qualified suppliers is required to
not later than 31 December 2006. March of each year following its registration
to deliver the Ministry for regional development
and) a written declaration that no change of registered data, and
b) documents proving the core competencies pursuant to section 74 para. 1 (b). (b))
to (d)).
(2) the supplier recorded in the list of qualified suppliers is entitled to
submit an application for the registration of changes in the data referred to in the list of
qualified suppliers. In this case, proceed as
in the case of the filing of the application for registration.
(3) if the vendor to change the information entered in the list of
of qualified suppliers, the vendor is obliged to submit within 15 working
days from the date when the change occurred, the request for registration of the changes in this information.
(4) Ministry for regional development shall indicate on the list of skilled
suppliers of the initiation of the change to the data or to exclude a supplier from
list of qualified suppliers under section 232.
§ 232
Out of the list of qualified suppliers
Ministry for regional development decides to exclude a supplier from
list of qualified suppliers, if
and) discovers that the supplier does not meet the conditions for entry on the list,
(b)) found that the contractor had used as a basis for writing papers or
the information proved to be false or incomplete,
(c)) the supplier has requested to disposal, or
(d) the supplier fails to fulfil the obligation laid down) in § 231 para. 1 or 3.
PART TWELVE
THE SYSTEM OF CERTIFIED VENDORS
§ 233
The system of certified vendors
In the system of certified vendors to issue certificates which
It is possible to prove the fulfilment of qualification or part thereof.
section 234
Proof of certificate
(1) a valid certificate issued under an approved system
certified vendors can demonstrate qualifications in procurement.
It is considered, that the vendor is qualified to the extent that the
the certificate.
(2) the sponsor without specific reasons, does not dispute the information referred to in
the certificate. Before the contract can be the supplier that has demonstrated
qualification certificate, require the submission of documents referred to in section 74 para.
1 (b). b) to (d)).
(3) as a certificate, the supplier can demonstrate qualifications
certificate comes from another Member State in which the supplier has
Head Office, and which is equivalent to a certificate issued under the
certified vendors.
section 235
Approval system
(1) the system of certified vendors approved Ministry of regional
development on application of a legal entity, that the system of certified
suppliers intends to manage.
(2) the request shall indicate the description of the system of certified vendors, and
rules for its use.
(3) the rules for the use of certified vendors include
at least
and the name of the system) certified vendors,
(b)) the identification system administrator
(c)), the organisational structure of certified vendors,
(d) the procedure for issue of the certificate),
(e) the nature and, where appropriate,) the definition of categories of public procurement contracts, in which the
the system of certified vendors covered
(f)) definition of professional competence, the economic capacity and the technical
the qualifications, which will in the system of certified vendors
assessed,
(g)) the definition of documents that will be required to demonstrate compliance with
the qualification referred to in subparagraph (f)) and core competence
(h)) to assess the demonstration of skills,
I) rules for the issuance, amendment and withdrawal of the certificate and
j) Internet address, which will be a system administrator to perform the duties
for publication under this Act.
(4) the certificate shall be issued, at the request of the supplier. The system administrator
the supplier shall communicate, without undue delay, as it was on their application
decided.
(5) documents that will be required to demonstrate compliance with the qualification
in accordance with paragraph 3 (b). (g)), must not exceed the range that can
should the contracting authority. After the supplier based in another Member State
You cannot require more evidence than a person with a registered office in the Czech Republic.
(6) procedures to demonstrate the qualifications referred to in paragraph 3 (b). g) will enable
After the presentation of an undertaking pursuant to § 83 para. 1 (b). (d)), to demonstrate the qualifications
through other persons under section 82 or 83, mutatis mutandis.
(7) the Ministry for regional development shall approve the system of certified
suppliers if the system satisfies the conditions laid down in this law.
section 236
Change and cancellation system
(1) the change of the system of certified suppliers is carried out on the basis of the
the application of the system administrator and proceed under section 235, mutatis mutandis.
(2) if the Ministry for regional development establishes that the system
certified vendors does not meet the conditions laid down by
regulations or have changed the conditions under which it has approved, it shall invite the
system administrator to the deficiencies found, and this fact
Ministry for regional development has shown. If the system administrator
deficiencies within the prescribed period, the Ministry for regional development decides
on the abolition of this system.
(3) the system of certified vendors, the system administrator can also cancel
by written notification to the Ministry for regional development. System
certified vendors is cancelled on the date of receipt of such notification
Ministry for regional development, or any other date specified in this
the notification.
(4) the abolition of the system of certified vendors does not result in loss of
the validity of certificates issued under this system before it is
cancellation.
§ 237
Duties of a system administrator
(1) the system administrator shall ensure that a system of certified vendors
consistently meets the requirements established by this Act.
(2) the system administrator keeps records of certificates issued by publishers
certificates and contractors to whom the certificate was issued.
(3) the administrator of the system will allow unlimited remote access to this register and the
to the rules of use of the system of certified suppliers.
§ 238
Certificate issuer
Certificate is issued by an accredited conformity assessment body pursuant to law
adjusting the technical requirements on products.
§ 239
Certificate
(1) the certificate contains at least
and) identification of the publisher certificate,
(b)) name of the system of certified vendors,
(c)) identification of certified vendors, system administrator
(d)) the identification of the supplier,
(e)) the subject or scope of the business or other activities for which you are
certificate is issued by,
(f) the nature and, where applicable, the category of) public contracts, for which the
certificate is issued by,
g) a list of documents, which prove the vendor meet the qualifications,
h) any commitment under § 83 para. 1 (b). (d)), and the identification
details of the person, the obligations arising from it,
I) demonstration of capability, range
(j) the date of issue of the certificate),
k) certificate.
(2) a certificate shall be issued in the Czech language in the paper or electronic
form.
(3) the longest permissible maximum certificate validity is one year from the
release.
§ 240
Changes in the qualifications of the supplier and the withdrawal of the certificate
(1) the contractor shall promptly announce Publisher changes that
can result in that the supplier is no longer qualified to the extent
referred to in the certificate.
(2) the certificate issuer shall examine the changes and in the case of their impact on
accuracy of the information contained in the certificate the certificate shall withdraw or issue
the new certificate.
(3) the certificate shall be withdrawn by the publisher certificate also, if the supplier
does not meet the conditions for the issuance of the certificate or if it finds that
basis for issue of the certificate do not match reality.
PART THIRTEEN
PROTECTION AGAINST INCORRECT PROCEDURE, THE CONTRACTING AUTHORITY
TITLE I OF THE
OBJECTIONS
§ 241
The notice of opposition
(1) Objection may submit a supplier to whom the procedure of the contracting authority
related entry-limit or excess public contracts,
with the exception of concessions, including concessions, small scale pursuant to § 178 or
special procedures according to the danger or injury was established (hereinafter referred to as
"the complainant").
(2) the Objection referred to in paragraph 1 shall be made in writing and can be brought against
and all acts or omissions) of the contracting authority in the tender and
a special procedure in part six, including the establishment of procurement
conditions,
(b)), the choice of type of the procurement procedure or the procedure of public procurement, or
(c)) procedure of the contracting authority, which seeks to award of the contract excluding
contract award procedure in contravention of this Act.
(3) claims relating to other acts or omissions of the contracting authority, other than the
the determination of the terms of reference, selection of type of procurement procedure, mode
procurement and contracting authority procedure leading to the award of public contracts
outside of the procurement procedure, only the participant may submit a tender.
§ 242
The deadline for the submission of objections
(1) unless otherwise indicated, the objections shall be delivered to the contracting authority to
15 days after the day on which the complainant became aware of the alleged violation of this
the law the contracting authority; objections may be made after the conclusion of the contract or thereafter,
What is a competition for the design of the proposal shall be deemed to end when the selection.
(2) objection to acts of such documents, which the contracting authority is
required to under this Act, publish or send the complainant must be
delivered to the contracting authority within 15 days from the publication or delivery
to the complainant.
(3) if the tender deadline for the submission of
participation must be objected to conditions relating to qualification
the vendor delivered to the contracting authority no later than the end of this period.
(4) if the tender deadline for the submission of tenders,
must be objected to the tender documents delivered to the contracting authority
by the end of this period; in the case of the negotiated procedure with
the publication must be objected to the tender documents delivered
the contracting authority no later than the end of the period for submission of preliminary bids.
(5) Objections against voluntary notification of the intention to conclude a contract in accordance with
§ 212 paragraph. 2 must be delivered to the contracting authority within 30 days of the publication of the
of this notice.
§ 243
Waiver to lodge an objection
Participant of the tender may in writing waive the right to lodge an objection
the sponsor until after the establishment of the right to file the opposition. , By delivering the surrender
the right to lodge an objection to the contracting authority the deadline for lodging objections in relation to the
This participant of the tender has expired.
§ 244
The particulars of the objections
(1) opposition shall be stated who is served in what is seen as a
a violation of this Act by the contracting authority and a complainant seeks. In
If the participant of the tender served against his exclusion
objections due to restore their eligibility under section 76, the objections
It does not state in what is seen as a violation of the law; However, the description shall be
the corrective measures it has taken to restore his eligibility.
(2) if it is not an objection, the applicable period under section 242 paragraph.
2 to 5, it must also be noted that the complainant about the violation seems to
of the law.
(3) in the case of objections to the award conditions, against the choice of type
procedure for the award of a public contract, mode or against the procedure, which
directed to the award outside of the procurement procedure, or against the voluntary
notice of intention to enter into a contract pursuant to § 212 paragraph. 2 must also be
stated what the injury was or there is a risk to the complainant.
§ 245
Handling objections
(1) the contracting authority shall, within 15 days of receipt of the opposition sends a decision to
objections to the complainant. In the decision, indicating whether the opposition of the suits or
is refuses; part of the decision must be in the preamble, in which the
the sponsor expressed clearly and in detail on all the facts referred to
the complainant in the objections. If the contracting authority, shall notify the objections in
the decision at the same time, what makes corrective measures.
(2) if the contracting authority finds reasons for compliance, objections decision
rejects. For refusal shall be treated as a partial compliance with objections or
the implementation of different measures to remedy, than which the complainant in
objections, he sought. If the contracting authority other than corrective measures,
which the complainant seeks, is the complainant entitled to file new arguments
even against such measures to remedy the situation.
(3) the contracting authority rejects the objection, which also
and are not administered by an authorized person) pursuant to § 241,
(b)) are barred, or
(c) do not meet the requirements referred to in §) 244.
(4) if the contracting authority rejects the complainant's objections, will learn in the decision
objections about the possibility to submit within the time limit under section 251 paragraph. 2 a proposal for the
initiation of a review of the acts of the contracting authority with the authority and the obligation to
at the same time deliver a copy of the proposal to the contracting authority.
(5) if the contracting authority so decides, within the time limit referred to in paragraph 1,
applies for the purposes of filing of the application pursuant to section 250 paragraph. 1 that the opposition has rejected.
§ 246
Prohibition of conclusion of the contract
(1) the contracting authority may enter into a contract with the supplier
a) before the expiry of the opposition period against the decision to exclude
participant of the tender, on the selection of the supplier or against the Act
the voluntary notification of the intention to conclude a contract,
(b)) to the time of delivery of the decision on the objections to the complainant, if the opposition were
submitted,
c) before the period for filing the application for the initiation of
review of acts of the contracting authority, if filed by the opposition refused,
d) within a period of 60 days from the date of initiation of the review of operations
the contracting authority, if the document instituting the proceedings has been filed on time; the contracting authority
However, even in this period of contract, if the Office rejected the proposal or
It was held on the proposal of the administrative procedure stopped, and such a decision
came into legal force.
(2) the contracting authority must not enter into a contract with the supplier within a period of 60
days from the date of initiation of the procedure for examination of the acts of the contracting authority, it shall initiate the
The Office these proceedings ex officio; the contracting authority may, however, even in this period of time
contract, if it has been stopped and the administrative management of such
the decision came into force.
§ 247
The opposition after the introduction of an innovation partnership
(1) following the introduction of innovative partnership may submit written comments to
the partner with whom it was terminated as a result of the innovation partnership
procedure, the contracting authority pursuant to § 71 para. 2 (a). (b)), to which the contracting authority has reduced the
After the end of the innovation partnership the number of partners.
(2) the objection referred to in paragraph 1 shall apply to § 242 paragraph. 1 and 2, section 243, §
244 paragraph. 1 and 2 and § 245 paragraph. 1 to 5 apply mutatis mutandis.
TITLE II
SUPERVISION OVER COMPLIANCE WITH THE LAW
Part 1
Supervision over public procurement procedures and special procedures
§ 248
Exercise of supervision over public procurement procedures and special procedures
(1) the Office shall exercise supervision over compliance with the rules laid down in this
the law and the specification for entry-limit and the excess
public contracts, including concessions, with the exception of small-scale concessions according to the
§ 178, and for the special procedures provided for in part six, in which
and) decides whether the contracting authority in awarding public contracts or when
a specific procedure in accordance with this Act,
(b)) decides whether the procedure of the contracting authority, who is going to enter the
procurement outside the procurement procedure is in accordance with this Act,
c) stores the corrective measures
(d)) shall decide on the proposal under section 267,
(e) under the inspection order) checks the consistency of the acts of the contracting authority, when
public procurement with this Act.
(2) if the contracting authority has begun in accordance with § 4 para. 4 procurement procedures in order to
the procurement of a minor nature, shall be deemed for the purposes of supervision of
abide by the rules laid down in this law that you supply contract
for a below-limit public contract.
(3) the Authority dealt with administrative offences under this Act and imposes sanctions
for their perpetration.
Part 2
The procedure for review of acts of the contracting authority
§ 249
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 ex officio.
A proposal from the
§ 250
(1) an application may be filed against all the acts and omissions of the contracting authority
they are not in accordance with this Act and the effect of which arose or
threaten to cause injury to the rights of the applicant, in particular against
and contract conditions)
(b) the voluntary notification)
c) exclusion of the procurement procedure,
d) vendor selection decisions
e) choice of type of procurement procedure, or
f) procedure, the contracting authority, which seeks to award of the contract excluding
procurement procedure.
(2) after the conclusion of the contract or framework agreement may be made
only the proposal to impose ban on the performance of the contract pursuant to § 254, even without
the previous opposition.
§ 251
(1) a proposal must in addition to the General requirements for filing set out the administrative
the regulations contain the designation of the contracting authority, in what is seen as a violation of the
the law, in which the applicant was established, or threaten to cause injury to his
rights, the proposals on the taking of evidence, and what the appellant seeks.
The applicant is obliged to attach to the proposal in electronic form of the written
evidence that suggested, if they are not part of the
documentation of the procurement procedure. Part of the design is proof of the composition of the
bail pursuant to § 255 para. 1 or 2, 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.
(2) the application must be, if not otherwise specified, delivered to the Office and in the
a copy to the contracting authority within 10 days of the date on which the complainant received
the decision, which the contracting authority the opposition refused.
(3) if the contracting authority of objections within the time limit under section 245 paragraph. 1 not decided
the proposal shall be in accordance with § 250 paragraph. 1 delivered to the authority and the contracting authority
not later than 25 days from the date of dispatch of the opposition by the complainant.
(4) the details of the proposal referred to in paragraph 1, first and second sentences cannot be
subsequently amended or supplemented with the exception of the removal of shortcomings of the proposal
within the time limit fixed by the Office; The Office of such changes and the addition of
not taken into account. To new realities as referred to in the draft as opposed to facts
contained in the objections submitted to the contracting authority, the authority shall take into account only
in the case of such facts, that the appellant could not claim against
the contracting authority; the claimant is required to prove that this is such a new
the fact that he could not claim against the sponsor.
(5) in proceedings initiated on a proposal from interested parties may propose
evidence indicate the facts and do other proposals at the latest within a period of 15
days from the date of receipt of the notice of initiation, it does not apply to them
the restrictions referred to in paragraph 4; to later above, proposals
evidence and other proposals not taken into account, the Office except to the proposals
evidence and other proposals, which is to be called into question the credibility of the documents
for the issuance of the decision. On the conditions for the application of the proposals of the evidence
new facts and to other proposals under the first sentence must be participants
proceedings with the exception of the appellant advised in the notice of initiation.
§ 252
(1) the contracting authority is obliged to deliver to the Office of its answer to the received
the proposal within 10 days of its delivery. Together with this expression will send
The Office of the documentation on the procurement procedure or a design contest.
(2) the time limit for the issuance of the decision of the Office shall run from the time of delivery
the observations of the contracting authority and the documentation of the procurement procedure or the competition for the
the proposal, where appropriate, a copy of the contract. The deadline for the release of
the decision, however, does not begin to run before to complement the General
the terms of the proposal, the designation of the contracting authority in the proposal and referred to in the proposal,
what the appellant seeks.
(3) a statement of the contracting authority for design and the other being received submissions, tender
documentation except the non-text portion of the specifications or of the competition for
the proposal, the sponsor is required to submit the CA by using
data boxes or as a data message signed by a recognized
an electronic signature. Design and additional administration is projector required to
submit the CA by using a data box or as
data report signed by a recognized electronic signature. For more
the parties are obliged to send their submissions exclusively
through data or as a data message signed
recognized electronic signature.
(4) section of the documentation of the procurement procedure or a design contest not listed
in paragraph 3, and part of the tender documents or non-text competition
the proposal is required to send to the sponsor of the Office paper,
through data or as a data message signed
recognized electronic signature.
§ 253
Special provisions on the procedure of the contracting authority against the proposal, which aims to
procurement outside the procurement procedure
The terms of the proposal against the procedure, the contracting authority, who is going to enter the
procurement outside the procurement procedure, is putting the transaction which
the contracting authority intends to take out public procurement procedures and the procedure for the
the performance of the contracting authority intends to take.
§ 254
Specific provisions on the application for the imposition of ban on the performance of the contract
(1) the proposal on banning the performance of the contract may
submit an applicant who claims that the sponsor of a contract
and) without prior publication of a contract notice,
prior notice or the invitation to tender in the simplified
lower management, although he was obliged to this notification, preliminary
the notice or invitation to tender, in a simplified lower
proceedings disclose, unless published a voluntary notice of intent to
the contract pursuant to § 212 paragraph. 2,
(b)) over a ban on its conclusion provided for in this law or provisional
measures,
(c)) on the basis of the procedure outside the procurement procedure, although he was a continuation
in this procedure, disabled by a decision under section 263 para. 7, or
(d) the procedure provided for in § 135) para. 3 or § 141 para. 4, and broke the
the rules laid down for the award of public contracts on the basis of the framework agreement
or the dynamic purchasing system, and this has affected or could affect
vendor selection.
(2) the design must be stated when the claimant knew that the
the contracting authority has concluded a contract in accordance with paragraph 1.
(3) the applicant shall deliver to the Office and Design in a copy to the contracting authority, before 1
months from the date on which the Contracting Authority published a notice of conclusion of the contract
According to § 212 paragraph. 2, indicating the reason for the award of public
of a contract without publication of a contract notice,
prior notice or the invitation to tender in the simplified
lower management, but not later than 6 months from the conclusion of this
of the Treaty.
(4) the proposal referred to in paragraph 1 (b). (d) the applicant authority and delivered) in
a copy to the contracting authority within one month from the date on which the Contracting Authority published a
notice of conclusion of the contract on the basis of the framework agreement pursuant to section 137 or
notice of conclusion of the contract for the dynamic purchasing system referred to in section 142,
not later than 6 months from the conclusion of this agreement.
(5) the contracting authority shall within 10 days after service of the document be served on the Office any
documents containing the specifications and contract documentation
control. If he fails in the tender or in the input
the procedure, which does not require to begin publication of a notice or challenges,
shall inform the Office by the same date the reasons for such a procedure.
(6) the contracting authority the Office within the time limit referred to in paragraph 5 also delivers its
comments on the proposal. If the contracting authority intends to prove the existence of grounds
worthy of special consideration under section 264 paragraph. 3 or 4 must be
as part of this representation also claims and suggestions of evidence
to demonstrate on these grounds; These claims and suggestions
evidence after expiry of the period referred to in paragraph 5 below
to change or expand.
(7) in proceedings relating to the proposal referred to in paragraph 1 shall not be required for a preliminary
measures.
Section 255
Security deposit
(1) within the time limit for the receipt of the proposal is the claimant, unless the case
in accordance with paragraph 2, shall be obliged to pass on the account of the Office bail in the amount of 1% of the
the offer price of the applicant for the entire period of performance of the contract or
during the first four years of performance in the case of contracts for an indefinite period,
but at least in the amount of $50,000, a maximum of 10 000 000 CZK. In
If the applicant is unable to provide the total bid price, it is
required to deposit in the amount of 100 000 €. In the case of a proposal to save the
the prohibition of the performance of the contract is the petitioner shall deposit in the amount of 200
000.
(2) within the time limit for the receipt of the proposal, in the case of proceedings for the review procedure
for the award of concessions, the petitioner is required to pass on the account of the Office bail
in the amount of 1% of the estimated value of the concession published in Journal
public procurement or contracting authority's profile, at least in the amount of 50
EUR 10 000 000, for a maximum of $100. In the event that the contracting authority
does in the public procurement or contracting authority's profile
the estimated value of the concession, the petitioner is required to deposit in
the amount of 100 000 €. In the case of the proposal on banning the performance of concession
the Treaty is the applicant required to deposit in the amount of 200 000.
(3) the deposit goes to the State, if the Office
and) by a final decision under section 265 shall reject the proposal (a). a), or
(b)) a final decision shall decide on the termination of the proceeding, if he took the
the rapporteur proposal after it was in the same administrative procedure
nepravomocně decided to reject an application under section 265 (a). and).
(4) in the event that the applicant took his proposal before a decision
on the merits, the State back to the 35% deposit, but at least 30 000;
the Office shall refund the remaining portion of the security deposit to the applicant.
(5) the deposit, which fell to the State, the State budget revenue.
(6) if the Office decides otherwise than provided in paragraph 3,
or stop the proceedings for any reason other than in accordance with paragraph 3, bail
or part of it to the applicant within one month from the date of acquisition of legal power
decision.
§ 256
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 proceeding or review of vendor selection
the selection of the proposal in the competition for the design, is a participant in the proceedings whether or not selected
supplier or the successful design competition. In proceedings of committing
the administrative offense is a participant in a person suspected of a criminal offence. In
the procedure for the imposition of ban on the performance of the contract is a participant in the proceedings the applicant
and the parties to the Treaty.
§ 257
Termination of the proceeding
The Office initiated proceedings by order of stops, if
and does not include general requirements) proposal submission fixed the code of administration
or an indication of the contracting authority or it is not stated what the applicant
the applicant seeks, or is not accompanied by proof that a security deposit in the amount of
under § 255 para. 1 or 2 and the applicant of the deficiencies in the design
time limit fixed by the Office has
(b) the proposal does not contain), in what is seen as a violation of the law, in which the
as a result the claimant arose or threaten to cause injury to his rights,
c) there has been no security deposit in accordance with section 255,
(d)) to the application shipped Office before the conclusion of the contract
proof of delivery is not connected-opposition to the contracting authority,
(e) the proposal was not delivered to the Office) and to the sponsor within the time limits under section 251 paragraph.
2 or 3 or under section 254 para. 3,
f) in proceedings initiated ex officio, there were reasons to save
the remedy under section 263 or for the imposition of a penalty pursuant to section 268
or 269,
(g)) the sponsor has cancelled the procurement procedure,
h) draft does not predate the filed objections in a timely manner; This does not apply for
the proposals under section 254,
(I) annul the acts of the contracting authority) or has taken the required measures
to correct,
j) during the administrative procedure, the contracting authority has signed a contract to meet the
the subject of the public contract,
k) petition was filed after the conclusion of the contract, except in the case of the proposal on
prohibition of the performance of the contract,
l) was a proposal to ban the execution of the contract and the Office finds, that the obligation of
the contract was fulfilled, or
m) in proceedings initiated ex officio, the contracting authority shall set aside the
and has taken measures to correct the situation.
§ 258
Special provisions concerning the negotiations preceding the initiation of the proceeding
(1) the sponsor shall, within 10 days from the date of receipt of the request to the Office to send the
documentation on the procurement procedure through a data box or
as a data message signed by a recognized electronic signature with
the exception of the documents referred to in section 252 paragraph. 4, which shall at the same
the deadline to send to the Office in paper form through the data boxes
or as a data message signed by a recognized electronic signature.
(2) the complaint to initiate proceedings ex officio, which shall report to the complainant, who
in the same case did not use options, can submit objections.
section 259
(1) the filing of a complaint to initiate the administrative procedure ex officio the authority from
the person who filed the complaint, levy the fee in the amount of $10,000 for each
the contract, with respect to which the award is mentioned in the complaint
misconduct.
(2) if the initiative Brought more people together, selects the fee referred to in
paragraph 1 only once.
(3) the fee is due with the filing of the complaint on account of the Office.
(4) If, with the filing of the complaint fee within the time limit referred to in paragraph 3
paid, the initiative can be.
(5) a fee is not refundable.
(6) exemption or extension of time for payment of the fee
It is not acceptable.
(7) the law on administrative fees shall not apply.
§ 260
Special provisions on the protection of the information
The Office with the exception of the part that is the basis for the issuance of the decision,
does not provide for the exercise of supervision pursuant to this section, the information contained in the
documentation on the tender. The time of the performance of supervision in the first sentence is
time of the delivery of the documentation of the award procedure to the Office pursuant to § 252 paragraph.
1, § 254 para. 5 or § 258 paragraph. 1 in its dispatch back to the sponsor.
§ 261
Special provisions for proceedings
(1) the authority shall be exclusively through the Clipboard data or as a data
message signed recognized electronic signature be sent
and participants in the proceedings) the Administration on the review of acts of the contracting authority
initiated ex officio,
(b)) decomposition and other submissions made by the participants in the proceedings about the decomposition.
(2) the Office may suspend the proceedings in the exercise of supervision pursuant to Section 248 to
obtain expert opinion or an expert opinion. Since the release of the resolution on the
stay of proceedings to deliver expert opinion or expert
opinion of the authority the deadline for a decision is not running.
(3) the Office shall provide the interested parties before issuing the decision in the case
the deadline to comment is to background of the decision. This period may not be
less than 7 days. To a later expression of the authority shall be disregarded. The provisions of §
251 paragraph. 5, part of the first sentence after the semicolon shall apply mutatis mutandis.
§ 262
Special provisions for proceedings for the decomposition of
Administration of decomposition is not permitted against a resolution, which
and adapting the leadership) of the administrative procedure
(b)) was determined the period for implementing the Act, or
(c) the apparent inaccuracies have been corrected), does not relate to the correction of the operative part
decision.
The corrective measures and the annulment of the contracts or the framework agreements
§ 263
(1) the authority is not bound by the proposal in respect of imposed corrective action.
(2) if the contracting authority does not comply with the rules laid down for the award of public contracts
or for the specific procedure under part of the sixth, and this will affect or
may affect the choice of supplier or the selection of the 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.
(3) if the contracting authority the tender conditions in conflict with this Act,
The Office saves the corrective measure consisting in the cancellation of the tender.
(4) if the sponsor fails to deliver in proceedings for review of acts of the contracting authority before
conclusion of the contract Authority pursuant to § 252 paragraph. 1 or § 254 para. 5
documentation on the procurement procedure within the prescribed periods, even in the
the additional five-day time limit specified by the Office, saves the remedial
measures involving the cancellation of the procurement procedure or under review
the Act, as defined in the notice of initiation.
(5) if the reasons for the decision on the objections, which were objections
rejected, nepřezkoumatelné for incomprehensibility or for lack of
reasons, the Office may impose corrective action only in
annulment of the decision of objections; in this case, the moment
the acquisition of the decision of the Office to which this remedy
stored, were filed new objections with the same content. These new
the contracting authority cannot reject the objections as a belated.
(6) where the authority in the course of the proceedings on the application detects that a contracting authority within the time limit
pursuant to section 245 paragraph. 1 not decided within the meaning of § 245 paragraph. 5 of objections,
which preceded it, saves the corrective action depending on the nature of
things in the abolition of the Act, against which objections were directed, and all
subsequent acts of the contracting authority made in the tender or in the
the cancellation of the whole procurement procedure.
(7) the contracting authority continue to design disables the contested procedure,
If the proposal against the procedure, the contracting authority, which seeks to
the award outside of the procurement procedure, establishes that the procedure
the contracting authority is in contravention of this Act or bypasses.
(8) if the Office Imposes corrective measures with the exception of the prohibition of the performance of the contract,
at the same time the sponsor disables until the final closure of the proceedings conclude in the
procurement contract; against this operative part decomposition does not have suspensory
effect.
§ 264
(1) the authority shall deposit the contracting authorities in proceedings initiated under section 254 ban proposal
performance of the contract, if the contract was a public contract or framework agreement
closed the procedure referred to in article 254 para. 1. Apply the Treaty, on the
which the authority to order the prohibition of the performance without proceeded under paragraph 3, it is
invalid from the very beginning.
(2) the contract for performance of the contract becomes invalid due to
a violation of this Act only in cases where Office stores ban
transactions referred to in paragraph 1. The invalidity of the other reasons is not affected.
(3) if the contracting authority establishes that reasons worthy of special consideration, the United
with the public interest, require the continued performance of the contract, the Office in
the decision shall specify the period not longer than 12 months, the expiry of the
prohibited from performance of the contract; This time limit begins to run legal power
decision. Economic interest in the performance of the contract may be considered
such a reason only in exceptional circumstances, where the interruption of performance
the Treaty would lead to disproportionate consequences. Economic interests directly linked
a public contract in question, in particular the costs arising from the delay
When the performance of the contract, the costs associated with the launch of the new
the procurement procedure, the costs associated with the change of a person performing public
the contract and the costs associated with legal obligations resulting from the
the prohibition of the performance of the contract, do not constitute reasons worthy of special consideration
requiring the continued performance of the contract.
(4) the authority shall not impose a ban on execution of the contract referred to in paragraph 1, if the contracting authority
In addition to the factors set out at paragraph 3 establishes that, at the same time to
the protection of the public interest is not sufficient procedure in accordance with paragraph 3 sentence
the first.
(5) the Office shall also not be imposed ban on the performance of the contract referred to in paragraph 1, if the
as for the agreement on public procurement in the area of defence or security and
also, if the consequences of this prohibition has seriously threatened the
the existence of the wider defence or security program that has
of crucial importance in terms of the security interests of the United States.
§ 265
The Office proposal to be rejected if the
and there were reasons for) the imposition of corrective action,
(b) the proposal was not filed) by an authorized person, or
(c)) the proposal is not directed against the procedure, which the contracting authority is obliged to comply with
under this Act.
§ 266
The costs of proceedings
(1) the decision of the authority imposing the remedy or
prohibition of the performance of the contract, it is also the obligation of the sponsor to pay decisions
the cost of the administrative procedure. The costs are to be paid in a lump sum,
to be determined by Decree of the Ministry for regional development.
(2) for reasons worthy of special consideration at the request of the interested party
Since the imposition of the obligation to pay the costs referred to in paragraph 1
or partially dispensed with.
§ 267
The proposal after their phase of the innovation partnership
(1) if the contracting authority has reduced the procedure provided for in § 71 para. 2 (a). (b)) the number of
partners, the partner with whom this was the innovation partnership
because of the closed, to submit a proposal to the Bureau.
(2) if the contracting authority does not comply with the procedure laid down for reducing the number of partners,
The Office of the said decision the illegality of such a procedure, and depending on the nature
the matter shall order the sponsor to remedy within 15 days after the final
This decision.
(3) the filing of the application referred to in paragraph 1, the applicant shall be obliged to pass
the bail in the amount of 200 000.
(4) if the sponsor fails to deliver in the proceedings on the application referred to in paragraph 1
documentation on the tender within the time limit pursuant to § 252 paragraph. 1 or
where the Office finds, that the contracting authority within the time limit under section 245 paragraph. 1 has
pursuant to section 245 paragraph. 5 of objections which preceded it, the Office stores
the remedial measures referred to in paragraph 2.
(5) the party to the proceedings on the application referred to in paragraph 1, the contracting authority and the
the petitioner.
(6) the provisions of § 251, 252, § 255 para. 3 to 6, § 257, 260, 261, 262, §
263 para. 5 and § 265 in proceedings on the proposal referred to in paragraph 1 shall apply to
by analogy.
(7) in proceedings relating to the proposal referred to in paragraph 1 shall not be required for a preliminary
measures.
Part 3
Administrative offences
§ 268
Administrative offenses of the contracting authority
(1) the contracting authority is guilty of an administrative offense, by
and fails to comply with the rules laid down) this law for the award of public contracts
or for special procedures provided for in part six, and this will affect or
may affect the choice of supplier or the selection of the proposal in the competition for the design of, and
enters the contract, enters into a framework agreement or a competition for the design of
After selecting the design for the terminated
(b)) provides for specification in violation of the law and enters the public
order, shall conclude a framework agreement or proposal shall be deemed after the competition
the selection of the design for the terminated
(c) the Pact or not retained) documentation on the procurement procedure pursuant to § 216
paragraph. 1 or 2,
(d) procedures for handling objections) contrary to section 245 paragraph. 1, 2, 3
or 4 or
(e) fails to comply with any of the requirements), pursuant to section 252 of paragraph 1. 1, 3 or 4, § 254
paragraph. 5 or 6 or § 258 paragraph. 1.
(2) for the administrative offence referred to in paragraph 1 shall not apply if the procedure referred to in
paragraph 3 shall be imposed to
and prices) 10% of the contract, or to 20 000 000 Eur, if the total
the price of the contract to determine, in the case of an administrative offence referred to in paragraph 1
(a). a) to (c)),
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (d)),
(c) $1 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (e)).
(3) for the administrative offence referred to in paragraph 1, with respect to violations of the rules
laid down for the procedure for the award of concessions, fined the
a) 5% of the estimated value of the concession, or 20 000 000 $, if you cannot
the estimated value of concessions to determine in the case of an administrative offence under the
paragraph 1 (b). a), b) or (c)),
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (d)),
(c) $1 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (e)).
section 269
Administrative offences in the public disclosure of
(1) the contracting authority is guilty of an administrative offense in the publication referred to in
This Act by
and will not send to the publication of a notice) on the award of public contracts or
notification of the conclusion of a framework agreement in accordance with this Act,
(b)) will not send to the publication of a notice of cancellation of the procurement procedure in accordance
with this Act,
(c)) will not send to the publication of a notice of a change to the contract in
accordance with this Act,
(d)) will not send to the publication of a notice of a change in the duration of the dynamic
the purchase of a public contract in accordance with this Act,
(e)) does a written report to the contracting authority in accordance with article 217 paragraph. 5.
(2) the contracting authority is guilty of an administrative offense when the disclosure of the
under this Act, that does a contract for public
order under section 219 paragraph. 1.
(3) an administrative offense shall be fined in the
1 000 000 Czk), in the case of an administrative offence referred to in paragraph 2,
b) 200 000 CZK in the case of an administrative offence referred to in paragraph 1.
section 270
Provisions common to administrative offences of the contracting authority
(1) the contracting authority for an administrative offence is not liable if he proves that
has made every effort, that it was possible to require that the infringement of the
legal obligation to stop it.
(2) in determining the amount of the fine, the contracting authorities 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 performance of the contract,
also be taken into account to what extent the Treaty had already been filled.
(3) the responsibility of the contracting authority for an administrative offense shall cease, if the Office of the
It does not institute proceedings within 3 years from the date on which it learned,
not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Office.
Part 4
Common provisions on the performance of supervision
§ 271
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 exercise of their activities.
Confidentiality obligation shall not apply if the said persons served on the
such facts testimony to law enforcement or
in the proceedings before the Court, or if the challenge of these authorities or
the Court served a written statement. Confidentiality obligations of employees
The Office is without prejudice to the provision of data and information by the authority by another
^ Law 51).
(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.
§ 272
Publication of final decisions of the Office
The Office continuously publishes its final decisions under this Act
on its Internet address.
PART OF THE FOURTEENTH
TRANSITIONAL AND FINAL PROVISIONS
§ 273
Transitional provisions for the award of public contracts
(1) If, before the date of application of this Act to begin
public procurement law, the award of a framework contract, design competition,
the procedure for review of acts of the contracting authority or proceedings for administrative offences
before the Office for the protection of competition pursuant to Act No. 137/2006
Coll., in the version in force before the date of entry into force of this Act,
completes such award or competition proceedings under law No.
137/2006 Coll., in the version in force before the date of entry into force of this
the law.
(2) if it was initiated before the date of entry into force of this Act
award procedure pursuant to Act No. 137/2006 Coll., in the version in force prior to the
the effective date of this Act, pursuant to law No.
137/2006 Coll., in the version in force before the date of entry into force of this
the law.
(3) the procurement procedure pursuant to Act No. 137/2006 Coll., in the version in force
before the date of entry into force of this Act, for the purposes referred to in section 60
paragraph. 2 and § 63 para. 1 consider procurement procedures under this Act.
(4) pursuant to Act No. 137/2006 Coll., in the version in force prior to the date of acquisition
the effectiveness of this law, shall be completed on the basis of the framework contract
the Treaty, which was concluded pursuant to Act No. 137/2006 Coll., as amended by
effective before the date of entry into force of this Act, which
and) commenced before the date of entry into force of this Act, or
(b)), will be launched from the date of entry into force of this Act.
(5) a dynamic purchasing system introduced pursuant to Act No. 137/2006 Coll., on
the version in force before the date of entry into force of this Act, the date of application
the effectiveness of this Act be deemed to a dynamic purchasing system referred to in
of this Act. Public contracts awarded in the dynamic purchasing system,
commenced before the effective date of this Act,
completed pursuant to Act No. 137/2006 Coll., in the version in force before the date of
entry into force of this Act.
(6) changes in liabilities from contracts or concession contracts
concluded in accordance with Act No. 137/2006 Coll., in the version in force before the date of
entry into force of this Act, or pursuant to Act No. 137/2006 Coll., on
the version in force before the date of entry into force of this Act, from the date of
entry into force of this law shall be considered under this Act. To the sum of the
the price increase in the commitment of contract changes under § 222 para. 5 (b). (c)), and
paragraph. 6 (a). (c)) will be included as well as changes in liabilities from contracts on public
of the contract or concession contracts made before the date of entry into force of
of this Act.
(7) preliminary notification or periodic indicative notice sector
the contracting authority pursuant to Act No. 137/2006 Coll., in the version in force before the date of
entry into force of this law, published before the date of entry into force of
This Act shall be construed as indicative notices under this Act.
(8) the Voluntary notification of the intention to conclude a contract under § 146 paragraph. 2
Act No. 137/2006 Coll., in the version in force before the date of entry into force of
This law is considered voluntary notice of intent to
the contract pursuant to § 212 paragraph. 2 of this Act.
§ 274
Transitional provisions to supervise compliance with the law
(1) pursuant to Act No. 137/2006 Coll., in the version in force prior to the date of acquisition
of this Act, or pursuant to Act No. 137/2006 Coll., as amended by
effective before the date of entry into force of this law, shall be applied to
proceedings for review of acts of the contracting authority and the procedure for administrative offences
initiated by the authority after the date of entry into force of this Act, if
concern
and public procurement) or the framework contracts referred to in law No.
137/2006 Coll., in the version in force before the date of entry into force of this
the law,
(b)) public procurement under the framework of the Treaty according to the law
No. 137/2006 Coll., in the version in force before the date of entry into force of this
the law,
(c)) of the award procedure and concluding concession contracts under Act No.
137/2006 Coll., in the version in force before the date of entry into force of this
the law,
d) design contests pursuant to Act No. 137/2006 Coll., in the version in force prior to the
the effective date of this Act.
(2) a prohibition on the performance of public contracts imposed under section 120a of Act No.
137/2006 Coll., in the version in force before the date of entry into force of this
the law and the prohibition of the performance of the concession contract pursuant to § 27a of the Act No 139/2006
Coll., in the version in force before the date of entry into force of this Act,
It does not apply to public contracts pursuant to this Act.
§ 275
Transitional provisions for information system and publication of the
(1) the information system on public procurement pursuant to section 157 of the Act
No. 137/2006 Coll., in the version in force before the date of entry into force of this
the law shall be considered as information system under this Act. Information
contained in the information system on public procurement pursuant to § 157
Act No. 137/2006 Coll., in the version in force before the date of entry into force of
This law, the content of the information system under this Act.
(2) the publication of the data and information on public procurement under section 146 to
147a of Act No. 137/2006 Coll., in the version in force prior to the date of acquisition
the effectiveness of this Act concerning the procedure for the award, the award
control or design contest initiated pursuant to Act No. 137/2006 Coll., on
the version in force before the date of entry into force of this law, shall be carried out
under this Act.
§ 276
Transitional provisions for the list of qualified suppliers
(1) the list of qualified suppliers under section 125 of the Act No 137/2006
Coll., in the version in force before the date of entry into force of this Act,
considered a list of qualified contractors under this Act.
Procedure for registration in the list, change the notation and the removal from the list of
qualified suppliers initiated before the date of entry into force of this
the Act is completed under this Act.
(2) the supplier recorded in the list of qualified suppliers pursuant to § 125
Act No. 137/2006 Coll., in the version in force before the date of entry into force of
This law, is obliged before applying for the issue of the statement of
the list pursuant to § 229 of this law to demonstrate lack of qualifications, including
relevant documentation according to § 230 of this Act; extract from the
the list will be released to the supplier after you make changes to a registration pursuant to section 231
of this Act.
(3) the supplier recorded in the list of qualified suppliers pursuant to § 125
Act No. 137/2006 Coll., in the version in force before the date of entry into force of
This law, is obliged to demonstrate the lack of qualifications, including
relevant documentation according to § 230 of this Act not later than 3
months from the date of entry into force of this law, otherwise, starting with the
the first day of the fourth month of the date of entry into force of this Act, is not
in the list of registered.
(4) the contractor may substitute proof of basic competence in its
the extent and professional competence in the range in the statement referred to an excerpt from the
list of qualified suppliers issued pursuant to § 128 of the law No.
137/2006 Coll., in the version in force before the date of entry into force of this
law, not later than 3 months from the date of entry into force of this Act,
If you have not changed the facts on which it was based on a listing from the list
issued.
§ 277
Transitional provisions for systems certified vendors
(1) the system of certified vendors pursuant to section 133 of the Act No 137/2006
Coll., in the version in force before the date of entry into force of this Act,
It considers the system of certified contractors under this Act.
The procedure for approval of amendment and abolition of the system of certified
vendors initiated before the date of entry into force of this Act shall be
completed under this Act.
(2) if the system of certified vendors, which was approved by the
Act No. 137/2006 Coll., in the version in force before the date of entry into force of
This law, in accordance with this Act, contact the system administrator
certified vendors within 3 months from the date of entry into force of this
the law change request system certified vendors. By the time of
a decision on this request, the certificates in the framework of this system
do not issue.
(3) a certificate that has been issued in the framework of the system of certified
suppliers before the date of entry into force of this Act, the supplier may
proof of qualifications only after a period of 3 months from the date of entry into force of
of this Act.
§ 278
Regulation (EEC)
Shall be repealed:
1. Act No. 137/2006 Coll., on public procurement.
2. Act No. 137/2006 Coll., on concession management and franchise contracts
(the concession Act).
3. Part of the thirteenth Act No. 110/2007 Coll., on certain measures in
system of Central Government authorities, the cancellation
Ministry of Informatics and amendment to certain laws.
4. Part of the placement the first Act No. 296/2007 Coll., amending Act No.
182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in
as amended, and certain laws in connection with its
the adoption.
5. Act No. 30/2008 Coll., amending Act No. 137/2006 Coll., on
concession contracts and concession management (the concession Act).
6. Act No. 76/2008 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended by law No 110/2007 Sb.
7. the fourth and fifth Parts of the law No 110/2009 Coll., amending Act No.
130/2002 Coll., on research and development support from public funds and the
changes to some related laws (Act on the promotion of research and
development), as amended, and other related laws.
8. Part of the twenty-eighth of Act No. 41/2009, Coll., amending certain laws in
connection with the adoption of the criminal code.
9. Act No. 417/2009 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended, and certain other
laws.
10. Act No. 179/2010 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended, and certain other
laws.
11. Section 100 of the 1970s--the sixth and 77th of Act No.
228/2009 Coll., amending certain laws in connection with the adoption of the
the law on basic registers.
12. Act No. 423/2010 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended.
13. Part of the twenty-eighth of Act No. 73/2007 Coll., on the Czech Labour Office
Republic and amending related laws.
14. Act No. 258/2007 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended.
15. Part six of Act No 367/2007 Coll., amending Act No. 435/2004
Coll., on employment, as amended, and other related
laws.
16. Section 40 of the Act No 420/2007 Coll., amending certain laws in
connection with the adoption of the law on criminal liability of legal persons and
the proceedings against them.
17. Part three of the law No. 1/2009 Coll., amending Act No. 435/2004
Coll., on employment, as amended, and other related
laws.
18. Act No. 55/2010 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended.
19. Part of the twenty-ninth of the Act No. 167/2012 Coll., amending Act No.
499/2004 Coll. on Archives and records service and amending certain
laws, as amended, Act No 227/2000 Coll., on the
electronic signature and amending some other acts (the Act on
electronic signature), as amended, and other
related acts.
20. Under the fourth and fifth sixties sixties Act No. 303/Sb.
amending the law no 499/2004 Coll. on Archives and records service, and
amending certain laws, as amended, law No.
227/2000 Coll. on electronic signature and amending certain other
laws (the law on electronic signature), as amended, and
other related laws.
21. The legal measures the Senate no 341/2013 Coll., amending Act No.
137/2006 Coll., on public procurement, as amended, and
Act No. 55/2010 Coll., amending Act No. 137/2006 Coll., on public
contracts, as amended.
22. Act No. 40/2015 Coll., amending Act No. 137/2006 Coll., on
the public procurement directives, as amended.
23. Decree No. 217/2006 Coll., implementing the concession Act.
24. Decree No. 238/2006 Coll., laying down the elements of content
requests for previous opinion on the conclusion of the concession contract or the contract
and to change the concluded concession contracts or contracts in accordance with the award
the law.
25. Decree No. 274/2006 Coll., laying down a list of military
material for the purposes of the Act on public procurement.
26. Decree No. 328/2006 Coll., laying down a flat-rate amount of the costs
the procedure for review of acts of the contracting authority for the purposes of the Act on public
procurement.
27. Decree No. 392/2010 Coll., laying down requirements on the content of the application
the previous opinion of the Ministry of finance in the area of public procurement.
28. Decree No. 9/2011 Coll., laying down more detailed conditions
related to electronic instruments and acts electronically at
Award of public contracts, and details regarding the certificate of compliance.
29. Decree No. 162/2007 Coll. on the method of determining the Special
technical conditions for the purposes of the Act on public procurement.
30. Decree No. 133/2009 Coll., on the publication of a notice for the purposes of the Act
on public procurement and the constituent parts of the profile of the contracting authority.
31. Decree No. 230/2012 Coll., laying down the details of the definition of
the subject of public works contracts and inventory building range
works, supplies and services, with a summary of the assessment.
32. Decree No. 231/2012 Coll., laying down the terms and conditions for
public works contracts.
33. Decree No. 232/2009 Coll., on details of the extent of justification
the effectiveness of the public procurement and in the preamble of the contract.
34. Government Regulation No. 77/2008 Coll., on the determination of the thresholds for
the purpose of the Act on public contracts, the definition of the goods procured
Czech Republic-Ministry of defence, to which the Special
financial limit, and about recalculation amounts set out in the Act on public
orders in euro currency.
35. Decree-Law No. 78/2008 Coll., laying down financial limits
for the purposes of the concessions Act.
36. Government Regulation No. 474/2009 Coll., amending Decree-Law No.
77/2008 Coll., on the establishment of financial limits for the purposes of the Act on public
procurement, on the definition of the goods procured by the Czech Republic-
The Ministry of defence, to which the specific financial limit, and
recalculations of the amounts determined in the Act on public contracts in euros
to the Czech currency, and Government Regulation No. 78/2008 Coll., laying down
financial limits for the purposes of the concessions Act.
37. Government Regulation No. 276/2007 Coll., amending Decree-Law No.
77/2008 Coll., on the establishment of financial limits for the purposes of the Act on public
procurement, on the definition of the goods procured by the Czech Republic-
The Ministry of defence, to which the specific financial limit, and
recalculations of the amounts determined in the Act on public contracts in euros
to the Czech currency, as amended by Decree-Law No 474/2009 Sb.
38. Government Regulation No. 447/2007 Coll., amending Decree-Law No.
77/2008 Coll., on the establishment of financial limits for the purposes of the Act on public
procurement, on the definition of the goods procured by the Czech Republic-
The Ministry of defence, to which the specific financial limit, and
recalculations of the amounts determined in the Act on public contracts in euros
to the Czech currency, in wording of later regulations, and Government Regulation No.
78/2008 Coll., laying down thresholds for the purposes of the award
the Act, as amended by Decree-Law No 474/2009 Sb.
39. Government Regulation No. 386/2012 Coll., amending Decree-Law No.
77/2008 Coll., on the establishment of financial limits for the purposes of the Act on public
procurement, on the definition of the goods procured by the Czech Republic-
The Ministry of defence, to which the specific financial limit, and
recalculations of the amounts determined in the Act on public contracts in euros
to the Czech currency, as amended.
PART FIFTEEN
The EFFECTIVENESS of the
§ 279
(1) this Act shall come into effect on the first day of the sixth calendar
month following the date of its publication.
(2) the provisions of § 211 paragraph. 3 shall take effect in the case of contracting authorities
pursuant to section 4, paragraph 4. 1 (b). and), the Czech National Bank and the Central
Contracting authorities on 18 December 1999. April 2017, and in the case of other contracting authorities on the date of
October 18, 2018.
(3) postponement of effectiveness referred to in paragraph 2 shall not apply
and) for a dynamic purchasing system,
(b)) in the electronic auction,
(c)) for electronic catalogs,
(d)) for the sending of forms into a Journal of public procurement and to the official
Journal of the European Union and the
(e)) for the publication of the specifications under section 96.
(4) the provisions of § 86 para. 1 shall become effective on the date of 18. October 2018.
(5) the provisions of section 221 shall take effect
and in the case of contracting authorities), pursuant to section 4, paragraph 4. 1 (b). and) and the Czech national
the Bank's first day of the eighteenth month,
(b) in the case of contracting authorities not listed) in (a)) on the first day of the 30th
of the month
After the publication of the reference to the European standard containing the European standard
electronic invoice in the official journal of the European Union.
Hamáček in r.
Zeman in r.
Sobotka in r.
Č. 1
The list of military goods pursuant to section 28 (f). n)
I-----------I----------------------------------------------------------------I
And A Description Of The Category And
I-----------I----------------------------------------------------------------I
I 1. Both manual and lafetované firearms, with the exception of hunting and
And even sporting weapons:
I I 1. rifles, carbines, revolvers, pistols, submachine guns, machine guns and even
And even grenade launchers, even
I I 2. flame throwers and
I-----------I----------------------------------------------------------------I
2. And artillery armament, weapons and equipment and kits
Even the discharge of smoke and gas: I
I I 1. cannons (the cannons, howitzers, Cannon, howitzer pestle), and
And even mortars, rocket launchers, anti-tank and lafetované, and
And even anti-aircraft weapons (ensembles-launchers), and
I I 2. military technical equipment for the discharge or
I even smoke and gas and spikes
I-----------I----------------------------------------------------------------I
3. And ammunition for the weapons listed in category 1. and 2. including (I)
And even subassemblies ammunition, blocks, resources, products and packaging, and
Even ammunition articles, belts, boxes, containers and equipment I
I also specially designed with the use of explosives and
I-----------I----------------------------------------------------------------I
4. Bombs, torpedoes, rockets, missiles, controlled and uncontrolled impulse cartridge, and
And even a small decoy, coffer (container) ammunition, mines, and
And even grenades, pyrotechnic devices, signal and lighting I
I I resources nástražná explosive devices including radio and
(I) initiation of devices for remote hit I
I-----------I----------------------------------------------------------------I
(I) 5. And specially created instruments and equipment to handle even
(I) launch, disposal, detonation or detection of military and
Even the material referred to in category 4. (I)
I-----------I----------------------------------------------------------------I
6. Command and control systems, including management systems, subsystems and
(I) fire, their components and accessories:
I I 1. fire control computer technology (hardware and software) and
Even I, including systems for distinguishing and evaluation of targeted objectives and
I I and data transfer, and
I I 2. coordinate measurement systems objectives, measures, indicators, position and
I I and altimeters, and
I I 3. electronic, light, infra-red (elektrooptická), and
(I) thermal imaging, optical and acoustic surveillance and targeting and
I I device, even
I I 4. equipment for the leadership and guidance of missiles, radar equipment and
I I and devices for the detection or identification of your own, or even
I and foreign targets, electronic, electro-optical, thermal, and
Even the gyro, acoustic and optical aiming device for the I
And even military use day and night, even
I I 5. air and weapon sights and periscopes, and
I-----------I----------------------------------------------------------------I
7. I tracked, wheeled vehicles, vehicles and containers specially and
I I made for the performance of the tasks of the defense or national security: I
I I 1. tanky, I
I I 2. armoured personnel carriers, as well as
I I 3. military vehicle type, armed or armoured including (I)
And even amphibious, and
I I 4. Armored trains, and
I I 5. special military transport vehicles, special military and
Even vehicles with dedicated superstructure and a special military trailers, even
I I 6. military vehicles for rescue, and
I-----------I----------------------------------------------------------------I
8. And radioactive resources and sources of ionizing radiation, toxic and
(I) chemical substances and their precursors and biological agents, risk
I I and toxins designed to ensure the defence or security of the State and
And the means for their handling, propagation, detection, and
(I) identification and disposal, and
I-----------I----------------------------------------------------------------I
I 9. Explosives, including dust, flammable mixture and the liquid and
I I or solid propellants specifically designed and manufactured for and
(I) ensure the defense or national security, and
I-----------I----------------------------------------------------------------I
10. Ships, their special equipment and the other to operate the floating and
And even housing, which has been designed, constructed or modified for even
(I) performance of the tasks of ensuring the defence or security of the State, and
I-----------I----------------------------------------------------------------I
11. And aviation equipment and facilities to ensure the defense or even
And even the security of the State: I
I I 1. planes, helicopters and drones specifically and
I even designed or modified, and
I I 2. Aero-Engines, and
I I 3. equipment of aircraft or helicopters specially designed, and
I I 4. weapons and other systems for aviation technologies referred to and
I I v bodu 1, I
I I 5. ground-based equipment to the equipment referred to in point 1, I
I-----------I----------------------------------------------------------------I
12. And electronic material intended to ensure the defense or even
And even the security of the State: I
I I 1. electronic communications networks and electronic communications and
I I device, even
I I 2. electronic warfare systems-jamming transmitters, receivers, systems and
And also for protection against interference, signal sources, including even the sights
(I) special types of command and control systems for the Jammer, and
I I 3. safety equipment for processing and to protect the data, as well as
And even the transmission and signal lines, and
I I 4. identification, authentication, smart card reader, the filling device and others and
(I) installations for the processing of data, even
I I 5. active and passive radar systems and follow-up systems I
And for data processing, as well as
I I 6. Radio transponders and including radio beacons, and
(I) 7. detection of seismic, acoustic, magnetic and
And even the electromagnetic sensors the presence of troops and equipment, as well as
I I 8. satellite equipment (exploratory, navigation, communication and
And also for the transfer of data), and
(I) 9. a technique to detect the sound (zvukoměrné station), and even
And even topographical connection, and
I-----------I----------------------------------------------------------------I
13. Weapons systems with the use of energy or directed with kinetic and
(I) energy:
I I 1. specially designed laser systems causing even
(I) destruction or missed targets systems that creates volumes and
Even particles and radio frequency systems, high-performance and
(I) destruction or missed targets, even
I I 2. specially designed components therefor, and specially
I even designed for the detection and identification of the systems referred to in (I)
(I) category 1,
I I 3. weapons systems designed for destruction or causing even
I even missed the target, test and evaluation facilities including (I)
(I) Instrumentation, even
I I 4. subsystems designed for use in the above mentioned as well as
And I, as well as
I I 5. measuring and diagnostic technique for the development of the above and
And weapons systems, even
I I 6. non-lethal and cool weapons, and
I-----------I----------------------------------------------------------------I
I 14. Photo, opto-electronic and other imaging equipment, and even
(I) instruments specially designed:
I I 1. cameras for reconnaissance from the air, machines for the processing of films, as well as
And other cameras and opto-electronic imaging equipment operating and
And even in different regions of the frequency spectrum, including imaging and
And even radar sensors, whether recording or transmitted via the I
(I) data links, and
I I 2. specialized equipment for the cameras and opto-electronic and
And even a display device, and
I-----------I----------------------------------------------------------------I
15. And special equipment to simulate and evaluate military and
I I the situation: I
I I 1. the military types and systems simulators and trainers including (I)
And even weapons and imaging systems, and
I I 2. special hardware and software equipment for simulators, and
And even trainers, evaluation and transmission devices, development, production and
I also use the products, even
I-----------I----------------------------------------------------------------I
Even 16. And other facilities, equipment, technology and materials, and also
And specially designed components therefor:
I I 1. parachutes and parachute material, and
I I 2. specially made material for overcoming obstacles, and
I I 3. electrically and mechanically-powered headlamps, as well as
I I 4. means to protect against the effects of military material and
I even listed in category 3, 4, 8, 9, 12. and 13, as well as
I I 5. special equipment, and
I I i. Parts, clothing and military uniforms, as well as strůje
And even camouflage, preserve resources and protection
Even in the area of research and visible and invisible part of the spectrum, and
(I) meeting the requirements laid down by the Czech defence standards: (I)
I I-parts field and summer uniforms with camouflage, even
I I ECWCS, camouflage clothing and clothing and winter camouflage
I I vzorem, I
I I-modular components and other combat support systems, and
And even including carriers and rucksacks, combat and tactical vests and jackets for both
And even specialists. (I)
I I II. Parts introduced into use for specialists of the armed and
I I sil na I
And also the basis of the specific requirements of their and
I I: I
I I-gear for paratroopers, snipers and Scouts, and
Even members of the special units, and
I I-crew equipment for tanks and fighting vehicles, and
I I-gear for powerful flight, the crew members of the helicopter and I
And engineering and air services, and
I I-gear for Fireworks, and
I I-equipment for members of the military rescue units, and
I I-emergency and martial accoutrements for military police. (I)
I-----------I----------------------------------------------------------------I
I 17. As well as specific parts of the material referred to in categories 1. up to 15, and
And even if these are necessary to ensure the defense or even
And even the security of the State. (I)
I-----------I----------------------------------------------------------------I
18. (I) machinery, equipment and resources that are exclusively designed to (I)
I even study, manufacture, testing and control of weapons, ammunition and even
And even equipment exclusively for military use, as referred to in this and
I also list. (I)
I-----------I----------------------------------------------------------------I
Č. 2
List of services that it is not the contracting authority, in accordance with section 29 (b). (n)) shall
enter under the law
I-----------I---------------------------------I------------------------------I
I category I a description and code from the main dictionary and
I I I I a single classification
I I I I
I-----------I---------------------------------I------------------------------I
I 1. And fire protection and rescue and 75250000-3 I
I I I I service
I-----------I---------------------------------I------------------------------I
2. And fire protection as well as 75251000-0 I
I-----------I---------------------------------I------------------------------I
3. As well as putting out fires and 75251100-1 and
I-----------I---------------------------------I------------------------------I
4. (I) Prevention of fires and 75251110-4
I-----------I---------------------------------I------------------------------I
(I) 5. And fight forest fires and 75251120-7 and
I-----------I---------------------------------I------------------------------I
6. And emergency services and 75252000-7 and
I-----------I---------------------------------I------------------------------I
7. And civil defense and 75222000-8 I
I-----------I---------------------------------I------------------------------I
8. And services in the field of nuclear and 98113100-9 and
I I I I materials
I-----------I---------------------------------I------------------------------I
I 9. And Ambulance services as well as 85143000-3 I
I-----------I---------------------------------I------------------------------I
Category no. 9 does not include patient transport ambulance services.
A list of activities that the contracting authority is
When you populate a section 29 (b). r) required to enter under the law
I-----------I---------------------------------I------------------------------I
I category I a description and code from the main dictionary and
I I I I a single classification
I I I I
I-----------I---------------------------------I------------------------------I
I 1. As well as research and development and related and 73000000-2 and
I I I I service
I-----------I---------------------------------I------------------------------I
2. (I) research and experimental development and 73100000-3 I
I-----------I---------------------------------I------------------------------I
3. And Research and 73110000-6
I-----------I---------------------------------I------------------------------I
4. And laboratory research and 73111000-3 I
I-----------I---------------------------------I------------------------------I
(I) 5. And maritime research and 73111000-0 I
I-----------I---------------------------------I------------------------------I
6. Experimental development and 73120000-9 and
I-----------I---------------------------------I------------------------------I
7. And the design and implementation of research and 73300000-5
I I I I development
I-----------I---------------------------------I------------------------------I
8. Even the preliminary study and 73420000-2 and
And even the feasibility and technological I I
I I I I demonstration
I-----------I---------------------------------I------------------------------I
I 9. (I) tests and reviews and 73430000-5
I-----------I---------------------------------I------------------------------I
Č. 3
The offences for the purposes of proving compliance with the essential competence pursuant to §
paragraph 74. 1 (b). and)
For the purposes of proving compliance with the essential eligibility under section 74 para. 1
(a). and the criminal offence means)
and) an offense committed in favor of organized criminal groups
or the offence of participation in organized criminal group
(b)), the crime of trafficking in human beings,
(c)), the following offences against property
1. fraud,
2. loan scam
3. subsidy fraud,
4. ownership interest,
5. the offence of negligence,
6. the legalization of proceeds of crime,
7. the legalization of the proceeds of crime of negligence,
(d)) the offences of
1. misuse of information and status in the course of trade,
2. the negotiation of benefits at the award of the contract, when the public competition and
public auction
3. plots in the procurement and tender procedures,
4. plots at public auction,
5. the damage to the financial interests of the European Union,
e) generally dangerous crimes,
f) offences against the Czech Republic, to a foreign State and international
the Organization,
(g)), the following offences against the order in matters of public
1. offences against the exercise of powers of public authority and official
of the person,
2. the offences of official persons
3. bribery,
4. other activities of interference by a public authority.
Č. 4
List of services that are specified in the simplified scheme referred to in section 129
I-----------I---------------------------------I------------------------------I
I category I a description and code from the main dictionary and
I I I I a single classification
I I I I
I-----------I---------------------------------I------------------------------I
I 1. And health care, social care and even 75200000-8 I
And related services I------------------------------I
I I I 75231200-6
I I I------------------------------I
I I I 75231240-8 I
I I I------------------------------I
I I I for 79611000-0 I
I I I------------------------------I
I I I 79622000-0 I
I I I------------------------------I
I I I 79624000-4
I I I------------------------------I
I I I 79625000-1 and
I I I------------------------------I
I I I from 85000000-9 to 85323000-9 and
I I I------------------------------I
I I I 98133100-5
I I I------------------------------I
I I I 98133000-4
I I I------------------------------I
I I I 98200000-5
I I I------------------------------I
I I I 98500000-8 I
I I I------------------------------I
I I I 98513000-2 to 98514000-9 and
I-----------I---------------------------------I------------------------------I
2. Administration of social and 85321000-5
And educational services, as well as services-----------------------------I
And even health care and cultural and 85322000-2 and
I I služeb I------------------------------I
I I I raised-6
I I I------------------------------I
I I I I 75121000-0
I I I------------------------------I
I I I I 75122000-7
I I I------------------------------I
I I I 75124000-1 and
I I I------------------------------I
I I I from 79995000-5 to 79995200-7 and
I I I------------------------------I
I I I from 80000000-4 to 80660000-8 I
I I I------------------------------I
I I I from 92000000-1 to 92700000-8 I
I I I------------------------------I
I I I 79950000-8 I
I I I------------------------------I
I I I 79951000-5
I I I------------------------------I
I I I 79952000-2
I I I------------------------------I
I I I 79952100-3 I
I I I------------------------------I
I I I 79953000-9 and
I I I------------------------------I
I I I 79954000-6
I I I------------------------------I
I I I 79955000-3 I
I I I------------------------------I
I I I I 79956000-0
I-----------I---------------------------------I------------------------------I
3. As well as compulsory social security and 75300000-9 and
I-----------I---------------------------------I------------------------------I
4. And the provision of benefits and 75310000-2 and
I I I------------------------------I
I I I 75311000-9 and
I I I------------------------------I
I I I 75312000-6
I I I------------------------------I
I I I 75313000-3 I
I I I------------------------------I
I I I 75313100-4
I I I------------------------------I
I I I I 75314000-0
I I I------------------------------I
I I I 75320000-5
I I I------------------------------I
I I I 75330000-8 I
I I I------------------------------I
I I I 75340000-1 and
I-----------I---------------------------------I------------------------------I
(I) 5. Other services for the public, as well as 98000000-3 I
And social services and services I------------------------------I
And even individuals, including services as well as 98120000-0 I
(I) provided by the trade unions, I------------------------------I
And even political organizations, as well as 98132000-7 and
Even the youth associations and other I------------------------------I
I also organised the services and 98133110-8 I
I I I-membership-----------------------------I
I I I 98130000-3 I
I-----------I---------------------------------I------------------------------I
6. Service and religious organizations as well as 98131000-0 I
I-----------I---------------------------------I------------------------------I
7. And hotel and restaurant services, and from 55100000-1 to 55410000-7 and
I I I------------------------------I
I I I from 55521000-8 to 55521200-0 I
I I I------------------------------I
I I I 55510000-8 I
I I I------------------------------I
I I I 55511000-5
I I I------------------------------I
I I I 55512000-2
I I I------------------------------I
I I I 55523100-3 I
I I I------------------------------I
I I I 55520000-1 and
I I I------------------------------I
I I I 55522000-5
I I I------------------------------I
I I I 55523000-2
I I I------------------------------I
I I I 55524000-9, and
I-----------I---------------------------------I------------------------------I
8. And legal services exempted by both 79100000-5 to 79140000-7 and
Section 29 (a) (I). k) I------------------------------I
I I I 75231100-5
I-----------I---------------------------------I------------------------------I
I 9. Other secretarial services and even 75100000-7 to 75120000-3 and
And even government services I----------------------------I
I I I 75123000-4
I I I------------------------------I
I I I 75125000-8 to 75131000-3 and
I-----------I---------------------------------I------------------------------I
10. And the provision of services and 75200000-8 to 75231000-4
And even the public and even
I-----------I---------------------------------I------------------------------I
11. And prison-related services, and 75231210-9 to 75231230-5
Even in the area of public service I------------------------------I
(I) safety and emergency services and 75240000-0 75252000-7 and the
And even exempted under section 29 (b). n) I------------------------------I
I I I I 794300000-7
I I I------------------------------I
I I I 98113100-9 and
I-----------I---------------------------------I------------------------------I
12. (I) investigation and security and 79700000-1 to 79721000-4
I I služby I------------------------------I
I I I 79722000-1 and
I I I------------------------------I
I I I 79723000-8 I
I-----------I---------------------------------I------------------------------I
13. And international service 98900000-2
I I I------------------------------I
I I I 98910000-5
I-----------I---------------------------------I------------------------------I
I 14. Even the postal service even 64000000-6
I I I------------------------------I
I I I 64100000-7 and
I I I------------------------------I
I I I I 64110000-0
I I I------------------------------I
I I I I 64111000-7
I I I------------------------------I
I I I 64112000-4
I I I------------------------------I
I I I 64113000-1 and
I I I------------------------------I
I I I 64114000-8 I
I I I------------------------------I
I I I 64115000-5
I I I------------------------------I
I I I 64116000-2
I I I------------------------------I
I I I I 64122000-7
I-----------I---------------------------------I------------------------------I
15. And a variety of services and 50116510-9 and
I I I------------------------------I
I I I 71550000-8 I
I-----------I---------------------------------I------------------------------I
Č. 5
List of legal regulations according to § 152 paragraph 1. 2 (a). (b))
I------------------------------------------------I----------------------------------------I
The European regulation and Implementation of the national regulation and
I------------------------------------------------I----------------------------------------I
I 1. the granting of permission to operate the unit for 1. § 3 para. 3 of Act No. 458/2000 Coll., as well as
And natural gas in accordance with the procedures set out in (I) on the conditions of business and about the performance and
(I) article 4 of Directive 2009/73/EC of 13 April 2004. (I) State administration in energy and
And July 2009 concerning common rules for the sectors and amending certain acts and
And the internal market in natural gas and repealing I (Energy Act), as amended and
And Directive 2003/55/EC and
I------------------------------------------------I----------------------------------------I
2. permission or invitation to submit offers on and 2. § 3 para. 3 of Act No. 458/2000 Coll., as well as
Even the construction of new installations for the production of electricity in and about the terms of business and about the performance and
I accordance with Directive 2009/72/EC of 13 April 2004. (I) State administration in energy and
And July 2009 concerning common rules for the sectors and amending certain acts and
And the internal market in electricity and repealing Directive (Energy Act), as amended and
And 2003/54/EC and
I------------------------------------------------I----------------------------------------I
3. the granting of privileges in accordance with the procedures, and 3. section 22 of Act No. 29/2000 Coll., on and
I set out in article 9 of Directive 97/67/EC of both postal services and amending and
(I) on 15 December. December 1997 on common rules as well as certain laws (law on postal and
And for the development of the internal market for postal services and services), as amended and
And the community and improving the quality of services in the I I
(I) the context of postal services, which I I
I do not or may not be reserved I I
I------------------------------------------------I----------------------------------------I
4. procedure for granting an authorization to perform I 4. section 28 of Act No. 44/1988 Coll., on and
(I) activities involving the extraction of hydrocarbons in the protection and use of the nerostnéhobohatství and
I accordance with Directive 94/22/EC of 30 March 2004. may I (top Act), as amended and
And 1994 on the conditions for granting and using authorisations I
Even to the prospection, exploration and production of hydrocarbons and
I------------------------------------------------I----------------------------------------I
(I) 5. public service contracts within the meaning of (I) 5. section 9 of Act No 194/2010 Coll., on and
I to Regulation (EC) No 1370/2007 of 23 April. October and public transport services and
And 2007 on public transport services and passenger and amending other laws, as well as
And passengers by rail and by road and repealing and as amended and
Council Regulation (EEC) No 1191/69 and 1107/70 v I I
And the provision of public transport I I
And passengers by bus, tram, Metro or I I
(I) by rail, which have been concluded on the basis of (I)
(I) an invitation to tender in accordance with article 6(1). 5 (3). 3 I I
(I) of that regulation, provided that they (I)
And the duration is in accordance with art. 4 (4). 3 or I I
And 4 of that regulation and
I------------------------------------------------I----------------------------------------I
Č. 6
The formalities of calls according to § 53 para. 1, § 58 para. 3 and 5, § 61 para. 5 and
11, § 68 para. 4, § 69 para. 6, paragraph 72. 4, § 141 para. 1
A. invitation to tender in a simplified lower management pursuant to §
53 para. 1 must contain at least
1. identification of the contracting authority,
2. the data on access to the tender documents,
3. the time limit for the submission of tenders,
4. the method of submission, including information about the language in which they can
be submitted,
5. proof of qualification requirements, including the required documents,
6. the rules governing the evaluation of proposals under section 115.
(B). the call for the submission of tenders in the restricted procedure according to § 58 para. 3, in the rules
control with the publication in accordance with § 61 para. 11, in a competitive dialogue pursuant to §
paragraph 69. 6 must contain at least
1. identification of the contracting authority,
2. a reference to a published notice of the initiation of the procurement procedure,
3. the data on access to the tender documents,
4. the time limit for the submission of tenders,
5. the method of submission, including information about the language in which they can
be submitted,
6. the rules governing the evaluation of proposals under section 115.
C. invitation to submit requests to participate in restricted procedure according to § 58 para. 5
or in a negotiated procedure with the publication in accordance with § 61 para. 2 must contain
at least
1. the type of procurement procedure,
2. identification of the contracting authority,
3. a description of the subject of the contract and the manner of its implementation (for example,
purchase, leasing, design works), including its expected range and
the period of performance,
4. scope of services reserved to change the commitment, if the contracting authority is
reserved under section 100, including the envisaged time and scope of supply
new services or new construction work,
5. where appropriate, the estimated time range of related transactions including
the anticipated opening of the related procurement procedure,
6. the estimated time of the invitation to tender,
7. data on access to the tender documents,
8. time limit for the submission of requests to participate
9. the method of submission of requests to participate, including information about what language
may be made,
10. proof of qualification requirements, including the required documents,
11. tender evaluation criteria including their weightings or other
the mathematical relationship between them, where appropriate, the order of evaluation criteria
According to their importance, the contracting authority is not objectively able to weight or
Another mathematical relationship between the criteria established.
(D). the call for submission of preliminary bids in the negotiated procedure with the publication of the
According to § 61 para. 5, in the innovation partnership pursuant to § 72 para. 4 must
contain at least
1. identification of the contracting authority,
2. a reference to a published notice of the initiation of the procurement procedure,
3. the data on access to the tender documents,
4. the deadline for submitting indicative tenders
5. the method of administration the indicative tenders, including information on how they
the language may be submitted,
6. the tender evaluation criteria including their weightings or other
the mathematical relationship between them, where appropriate, the order of evaluation criteria
According to their importance, the contracting authority is not objectively able to weight or
Another mathematical relationship between the criteria established.
(E). the call for participation in a competitive dialogue in accordance with § 68 para. 4 must contain
at least
1. identification of the contracting authority,
2. a reference to a published notice of the initiation of the procurement procedure,
3. the data on access to the tender documents,
4. information about the dialogue, including the date of the initiation of the dialogue and the language in
which will be the dialogue,
5. the tender evaluation criteria including their weightings or other
the mathematical relationship between them, where appropriate, the order of evaluation criteria
According to their importance, the contracting authority is not objectively able to weight or
Another mathematical relationship between the criteria established.
(F). the call for the submission of tenders for the dynamic purchasing system referred to in section 141
paragraph. 1 must contain at least
1. identification of the contracting authority,
2. the data on access to the tender documents,
3. the time limit for the submission of tenders,
4. the method of submission, including information about the language in which they can
be submitted,
5. rules for the evaluation of proposals under section 115.
1) directive of the European Parliament and of the Council 24/EU of 26 March. February
2014 on the award of public contracts and repealing Directive 2004/18/EC.
Directive of the European Parliament and of the Council of the EU of 25/26 April. February 2014
the procurement procedures of entities operating in the water,
energy, transport and postal services and repealing Directive
2004/17/EC.
Directive of the European Parliament and of the Council/23/EU of 26 March. February 2014
on the award of concessions.
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.
Council directive of 21 December 1977. December 1989 on the coordination of laws, regulations and
administrative provisions relating to the review procedure when entering
public supply contracts and public works (89/665/EEC).
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 rules for
procurement procedures of entities operating in the water
economy, energy, transport and telecommunications sectors.
European Parliament and Council Directive 2007/66/EC of 11 December 1997. December
2007 amending Council Directive 89/665/EEC and 92/13/EEC with regard to
increase the effectiveness of review procedures concerning the award of public contracts.
Directive of the European Parliament and of the Council/55/EU of 16. April 2014
about electronic invoicing in public procurement.
2) Act No. 219/2000 Coll., on the property of the Czech Republic and its representation
in legal relations, as amended.
3) European Parliament and Council Regulation (EC) No 2195/2002 of 5 November 2002.
November 2002 on the common procurement vocabulary (CPV), in
as amended.
4) directive of the European Parliament and of the Council 24/EU of 26 March. February
2014 on the award of public contracts and repealing Directive 2004/18/EC.
Directive of the European Parliament and of the Council of the EU of 25/26 April. February 2014
the procurement procedures of entities operating in the water,
energy, transport and postal services and repealing Directive
2004/17/EC.
Directive of the European Parliament and of the Council/23/EU of 26 March. February 2014
on the award of concessions.
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.
5) Act No. 412/2005 Coll., on the protection of classified information and on the
security, as amended.
6) 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.
7) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
in the wording of later regulations.
8) Act No. 231/2001 Coll., on radio and television
broadcast and amending other acts, as amended.
9) Act No. 132/2010 Coll., on audiovisual media services on the
demand and on amendments to certain acts (the Act on audiovisual media
services on request), as amended.
10) Act No. 357/1992 Coll., on the notarial profession and their activities (notarial regulations),
in the wording of later regulations.
11) for example, Act No. 120/2001 Coll., on bailiffs and enforcement
activities (procedure) and amending other laws, as amended
legislation, Act No. 357/1992 Coll., on the notarial profession and their activities (notarial
of procedure), as amended.
12) Act No. 256/2004 Coll., on the capital market, as amended by
amended.
13) for example, Act No. 6/1993 Coll. on Česká národní banka, as amended by
amended.
14) Act No. 266/1994 Coll., on rail, as amended.
15) Government Regulation No. 463/2000 Coll., on the establishment of rules of engagement
international rescue operations, the provision and acceptance of humanitarian
assistance and refunds of expenditure involved, legal persons, and
doing business with individuals to protect the population, as
amended.
16) Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and amending
certain other acts, as amended.
17) Law No 20/1987 Coll. on State heritage preservation, as amended
regulations.
18) Act No. 72/1994 Coll., on the sale and export of objects of cultural value,
in the wording of later regulations.
19) Act No. 36/1967 Coll. on experts and interpreters, as amended by
amended.
Decree No. 37/1967 Coll., to implement the law on experts and interpreters,
in the wording of later regulations.
20) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
21) for example Act No. 85/1996 Coll., on the legal profession, as amended
law, Act No 360/1992 Coll., on the exercise of the profession of Chartered
architects and about the profession of Chartered Engineers and technicians
active in construction, as amended.
22) Act No. 143/2001 Coll., on the protection of competition and amending
Some laws (law on the protection of competition), as amended by
amended.
23) Act No. 229/1992 Coll., on the commodity exchanges, as amended
regulations.
24) section 187 of the civil code.
25) § 136 of the Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
26), for example, Act No. 21/1992 Coll., on banks, as amended
law, Act No 87/1995 Coll., on savings and credit cooperatives and
some of the measures related to the law and the Czech
the National Council No. 586/1992 Coll., on income taxes, as amended
legislation, Act No. 363/1999 Coll., on insurance and amending certain
related laws.
27) Article. 45 European Parliament and Council Regulation (EC) No 1221/2009 of the
on 25 April. November 2009 on the voluntary participation by organisations in a
Community eco-management and audit scheme (EMAS) and the
Council Regulation (EC) no 761/2001, Commission decision 2001/681/EC and
2006/193/EC.
28) § 4 of law No. 22/1997 Coll., on technical requirements for products and on the
amendments to certain laws, as amended.
29) Article. 26 European Parliament and Council Regulation (EU) No 305/2011 from
on 9 April. March 2011, laying down harmonised conditions for the
marketing of construction products on the market and repealing Council directive
89/106/EEC.
30) § 3 of Decree-Law No. 163/2002 Coll., laying down technical
the requirements for the selected construction products, as amended.
31) European Parliament and Council Regulation (EU) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market related to the marketing of products and repealing Regulation
(EEC) No 339/93.
32) § 157 of Act No. 183/2006 Coll., on zoning and the building code
(the building Act), as amended.
Article 33). 107 of the Treaty on the functioning of the European Union.
34) Act No 360/1992 Coll., on the exercise of the profession of Chartered architects
and the practice of the profession of Chartered Engineers and technicians active in
construction, as amended.
35) Act No. 458/2000 Coll., on conditions for business and for the exercise of State
management in the energy sectors and on amendments to certain laws
(Energy Act), as amended.
36) Act No. 276/2001 Coll. on public water supply and sewerage Act
the need for, and on amendments to certain acts (the Act on water supplies and sewerage Act),
in the wording of later regulations.
37) section 3 of the Act No. 29/2000 Coll. on postal services and amending
Some laws (the law on postal services), as amended
regulations.
Article 38). 34 and 35 directive of the European Parliament and of the Council of 25/EU of
February 26, 2014 on the procurement procedures of entities operating in the water
economy, energy, transport and postal services, and repealing
Directive 2004/17/EC.
39) Commission decision 2005/15/EC of 7 September 2004. January 2005 on the detailed
the rules of the procedure provided for in article 30 of Directive of the European
Parliament and Council Directive 2004/17/EC on the coordination of procedures for the award of contracts
entities operating in the water, energy, transport
and postal services sectors.
40) section 22 of Act No. 563/1991 Coll., on accounting, as amended
regulations.
41) European Parliament and Council Regulation (EU) no 952/2013 of 9 June.
October 2013, which lays down the Union's customs code.
42) European Parliament and Council Regulation (EC) no 1008/2008 of 24 September.
September 2008 on common rules for the operation of air services in the
Community (recast).
43) European Parliament and Council Regulation (EC) No 1370/2007 of 23 April.
October 2007 on public passenger transport services by rail and by
Road and repealing Council regulations (EEC) Nos 1191/69 and 1107/70.
44) Act No. 131/2002 Coll., on the promotion of research, experimental development and
innovation of public funds and amending certain related laws
(Act on the promotion of research and development), as amended.
45) 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, law No.
140/1961 Coll., the criminal act, 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.
46) § 74 et seq. Act No. 90/2009 Coll., on commercial companies and
cooperatives (law on commercial corporations).
47) section 2 of the Act No. 300/2008 Coll., on electronic acts and authorized
convert documents.
48) Act No 227/2000 Coll. on electronic signature and change some
other laws (the law on electronic signature), as amended
regulations.
49) section 16 of Act No. 22/1997 Coll., on technical requirements for products and
amending and supplementing certain acts, as amended.
50) Law No 499/2004 Coll. on Archives and records service and amending
certain acts, as amended.
51) for example, Act No. 280/2009 Coll., the tax code, as amended
regulations, or Act No. 106/1999 Coll., on free access to
information, as amended.
