Decree No. 101 / 1973 Coll.
Decree of the Federal Ministry of Technical and Investment Development on project competitions
Valid
Effective from 01.10.1973
101
DECLARATION
Federal Ministry of Technical and Investment Development
of 20 July 1973
on project competitions
The Federal Ministry of Technical and Investment Development, in an agreement with the participating central authorities, provides, pursuant to § 53 (a) of Act No. 133 / 1970 Coll., on the competence of federal ministries, pursuant to § 392 (4) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 37 / 1971 Coll. and § 508 (1) of Civil Code No. 40 / 1964 Coll.:
Subject matter
(1) This decree regulates project contests (hereinafter referred to as "contests'), which aim to obtain a proposal for the best architectural, urban, ecological, technical, economic or artistic solution of the announced awards, especially in the field of construction.
(2) This decree does not apply to international competitions. Specific regulations regulate competitions in the field of fine arts 1)
Types of competitions
Competitions are listed as
(a) public, which are always anonymous,
(b) the narrower for which participants are invited to participate by name.
Participants
(1) Legal and natural persons and, where appropriate, assigned associations may participate in the competition. Participation shall be granted to anyone who meets the requirements laid down in the competitive conditions.
(2) The competition shall not be open to persons involved in their preparation and publication and persons who are members or alternates of the jury, the bodies of the jury and invited experts ("excluded persons'). Furthermore, persons close to them may not participate in the competitions (2).
Announcement of competitions
(1) Legal persons and natural persons may be candidates for competitions.
(2) The public competition and conditions will be announced by the applicant no later than on the day of the publication of the competition in the professional press, the scope of which corresponds to the nature and importance of the invitation to tender and in at least one national journal or in at least one journal issued in the Czech Republic and in one journal issued in the Slovak Republic. The competition period must correspond to the competition's complexity, but must be at least 30 days after the call for competition.
(3) The announcement of a closer competition and the invitation of its participants shall be made in writing. Participation in the announcement of a narrower competition must be confirmed by the deadline laid down in the notice. Persons who have been invited to participate and who wish to participate in the competition with the co-workers shall be required to seek the consent of the applicant. To that end, they shall notify the declarant of the names and addresses of those co-workers and include a declaration that the conditions laid down in Article 5 (2) (m) have been met; the admission of such co-workers to the competition shall be notified by the applicant to the other tenderers.
Competition conditions
(1) The conditions of competition shall be drawn up by the applicant.
(2) The conditions of competition include in particular:
(a) the purpose of the competition;
(b) the name and address of the applicant;
(c) the type of competition and, in the case of restricted competitions, the list of invited participants, including the names of the leading collective,
(d) the subject matter of the competition and the required scope of the solution, which must include:
- all requirements for architectural, urban, technical, economic and artistic solutions, or mandatory operating conditions; the basic conditions that must be observed and the conditions that leave the participants with the option of their own solution must be separated,
- the required detail and method of processing the solution with a list of its necessary parts, the setting of benchmarks and the most important technical economic indicators,
(e) aspects for assessing competition proposals (Sections 1 (1) and 9 (5));
(f) determination of the date, time and place and manner of submission of the competition proposals (competitive period),
(g) a list of the competitive aids and supporting documents, a description of the place and the time where they can be obtained and, where appropriate, where they can be consulted; the provisions on the amount of the advance on the aid and the supporting documents lent by the declarant, as well as the repayment of the advance on the part of the participants who submit the competitive proposals or the supporting documents collected and return the aid unbroken within the prescribed period;
(h) in the case of tenders, provisions on how the competition proposals and their annexes are to be identified in order to ensure the anonymity of the competition;
(ch) the number of prices (as a general rule 3) and their amount and, in addition, the number and level of remuneration of the other proposals evaluated,
(i) provisions on the reimbursement of final expenses invited by tenderers;
(j) the name and address of the competition secretary,
(k) the time and place of issue of the competition proposals;
(l) determining the time by which the jury decides on the outcome of the contest;
(m) the requirements for the professional qualification, qualification or authorisation of the participants and their scope;
(n) provisions on the scope of the applicant's authorisation for the further use of awarded or remunerated proposals for the purpose of the competition monitored;
(o) the obligation of the tenderer to agree to the reproduction and display of the design free of charge, 2)
(p) the names of the members of the panel and their alternates.
(3) Competitors who have picked up their competitive conditions are obliged to submit explanatory notes to clarify the competitive conditions, supporting documents and aids by the end of the first quarter of the competition period (paragraph 2 (f)).
(4) The time limit for the competition shall be met if, within that period, the competition application is delivered to the applicant for confirmation or for submission for postal or rail transport.
Jury
(1) The competitive proposals submitted shall be examined by a jury consisting of members and their alternates.
(2) The jury always has an odd number of members (3 to 11). The number of alternates shall be proportionate to the number of members of the panel. The members of the panel and their alternates shall be appointed by the applicant from among highly qualified experts. Members of the jury may also be representatives of the competition promoter and future user, if known.
(3) The jury may, if the nature of the proposals submitted so requires, invite experts to its work with the agreement of the author. Experts shall participate in the meetings to which they have been invited, submit expert comments and proposals in the field for which they have been appointed.
Jury authorities
(1) The bodies of the panel are:
(a) secretary of the competition,
(b) a review of competition proposals.
(2) The bodies of the panel shall be appointed by the titler.
(3) In particular, the competition secretary accepts the competition proposals, confirms their acceptance, identifies the received proposals in closed envelopes with serial numbers, dates and hours of takeover, draws up a list of the competition proposals, hides them, organises their display, keeps the minutes of the jury's deliberations and carries out further work as instructed by the panel chairman.
(4) The task of the controller shall be to examine proposals for compliance with the conditions of competition and other preparatory work for the functioning of the panel. The details of the activities of the auditor shall be determined by the jury.
Meeting of the jury
(1) Before the announcement of the competition, the jury's announcer will convene an opening meeting. At this meeting, the jury shall elect its chairman and vice-chairperson from among its members, familiarise themselves with the conditions of competition and lay down the details of the activities of the auditor. At the first meeting of the panel after the expiry of the time limit, the President shall request from all members of the panel and the bodies of the panel a written statement that they will perform their duties impartially, that they have not, directly or indirectly, participated in the works of the competition, that they do not know the names of the authors of the proposals submitted at the tender and that they will remain silent about the deliberations of the panel.
(2) Within one week of the expiry of the competition period [Paragraph 5 (2) (f)], the President of the jury shall convene the panel, open the competitive proposals received and lay down a detailed procedure for the further work of the panel. Only those competitive proposals included in the list (§ 8 (3)) may be admitted to the competition.
(3) The panel is in a position to vote if a full number of members are present, including alternates representing absent members of the panel. It shall act by simple majority, unless otherwise specified. Members of the panel shall have the right to justify their divergence against the opinion of the majority of the panel in the minutes.
(4) The jury will exclude from the assessment any proposals which do not meet the conditions of competition. However, it may exceptionally decide to accept, with the consent of the author, proposals which do not meet the conditions of competition but which provide a solution which is a substantial improvement. This Decision requires a two-thirds majority.
(5) The jury shall examine the proposals in accordance with the aspects set out in Paragraph 1 (1), award the prices listed to the best proposals and, in the case of public tenders, establish the order of the other proposals to which it grants remuneration; exceptionally, the panel, acting unanimously with the agreement of the author, may decide not to award any of the prices listed and to allocate the amounts to them in another way. The amount declared for prices and rewards shall be exhausted except where the number of tenders admitted to the evaluation is lower than the number of awards and awards declared.
(6) The minutes containing the distribution of prices and rewards shall be approved by the jury and signed by all members.
Competition result
(1) Further processing of the awarded or rewarded competition proposals and their implementation shall be provided by the applicant as necessary. If a proposal submitted by an organisation authorised to carry out project activities has been awarded in a closer competition, that organisation shall ensure further processing of the proposal, unless the applicant forgoes it.
(2) An individual or collective whose proposal has been awarded or rewarded may participate in the further processing of its design. 4)
(3) In the case of invitations to tender, the applicant shall, within one month of the publication of the result of the competition, or at the end of the exhibition, return the outstanding and unrewarded tender proposals to that return address. Competition proposals shall not be returned by the applicant unless the tenderer has given the return address.
(4) Individuals or groups whose proposals have been awarded or rewarded shall retain their personal copyright, may publish their competitive designs and may use them again in another case. They have the right to require that projects drawn up under the competition proposal be named as authors of the competition proposal.
(5) The outcome of the competition shall be notified by the author in the same way as the listing. The tenderer whose proposal has been rewarded or awarded shall be notified of the outcome of the contest by delivery to his own hands.
Economic conditions of competition
(1) The second price for the competition shall not exceed 60% and the third price shall not exceed 40% of the amount of the first price. The aggregate amount for remuneration shall not exceed the amount fixed for the first price, the individual remuneration being no more than the amount fixed for the third price.
(2) Prices and rewards must be paid within one month of the jury's decision.
(3) Prices and rewards are shown directly by the promoter in public and in close competition to the processors of the competition proposals.
Final provisions
(1) The Decree of the State Committee on Construction No 154 / 1959 Ú. l. (Ú. v.) on the competition rules for design design solutions, as amended by Decree No 135 / 1969 Coll.
(2) This Decree shall enter into force on 1 October 1973 and shall apply to the competitions to be launched on that date.
Minister:
Ing.
1) According to the provisions of Decree No. 108 / 1966 Coll., on the authorisation for project activities, as amended by Decree No. 137 / 1970 Coll.
1) Decree of the Ministry of Education and Culture No. 23 / 1965 Coll., on the competition rules for works of Fine Arts.
2) The author may, on a proposal from the jury, issue a panel of competitions for the purposes of the issue or, where appropriate, discussion of the issue, for later study of the results of the contest by other candidates, etc. This panel shall, as a general rule, contain the conditions of competition, jury decisions, final evaluation and reproduction of competition proposals to the extent necessary.
2) Section 116 of the Civil Code.
3) The author may convene contestants who have picked up their competitive conditions for an information meeting to answer their questions.
4) An organisation in which an individual (or a collective) is employed may facilitate him / her by (a) untying the employment relationship with him / her by agreement pursuant to § 43 of the Labour Code No. 65 / 1965 Coll. (full version No. 42 / 1970 Coll.) and thus allowing him / her to establish an employment relationship with the organisation which has taken over the further processing of the proposal, or (b) concluding a cooperative agreement involving the author in the further processing of the proposal, or (c) giving his / her consent to the author to conclude the secondary employment relationship (§ 70 of the Labour Code), or (d) giving written consent pursuant to the provisions of § 5 of Decree No. 108 / 1966 Coll., as amended by Decree No. 137 / 1970 Coll.
5) Approved by Decree No 4 of the Federal Ministry of Technical and Investment Development of 30 August 1971 (Rapporteur of FMTIR, amount 6 of 12 October 1971).
7) This refund is paid by the author from non-investment funds pursuant to § 6 (2) (i) of Decree No. 140 / 1971 Coll., on the financing of the reproduction of basic funds.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development No. 101 / 1973 Coll., on project competitions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.09.1973 |
|---|---|
| Effective from | 01.10.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0