Decree No. 133 / 2012 Coll.
Decree on publication of notices for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
Valid
Effective from 01.06.2012
133
DECLARATION
of 20 April 2012
on the publication of notices for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
According to Section 159 (3) of Act No. 137 / 2006 Coll., on Public Procurement, as amended by Act No. 110 / 2007 Coll., Act No. 179 / 2010 Coll. and Act No. 55 / 2012 Coll., ("the Act '), the Ministry of Local Development provides for the implementation of § 17 (x), § 108, § 146 (3) and (6) and § 147a (8) of the Act:
Subject matter
This decree regulates following the directly applicable European Union1)
(a) access to published notices;
(b) procedures for publication of notices;
(c) the mandatory publication of the information in the notices to be published in the Public Procurement Bulletin;
(d) the forms by which notices are published in the Public Procurement Bulletin;
(e) particulars of the contracting authority's profile;
(f) the structure of the data for publication on the contracting entity's profile.
Publication procedure
(1) Data on public contracts shall be published by the contracting authority or the selected tenderer in the Public Procurement Bulletin by means of the forms referred to in Article 3.
(2) All data from the notices received in accordance with Section 4 are published on the website of the Public Procurement Bulletin operator (hereinafter referred to as "the operator ') in a manner that allows unrestricted and direct remote access. Published notices and their adaptations within the meaning of Article 6 shall be made publicly available free of charge for at least five years from their publication.
Types of forms for publication of notices
(1) The contracting authority shall use the Public Procurement Bulletin to publish a notice for:
(a) the notification on the contracting authority profile of the notification form on the buyer profile as modified in the directly applicable European Union Regulation (1);
(b) simplified notification form Simplified contract notice under the dynamic purchasing system provided for in the directly applicable European Union Regulation (1);
(c) a notice of a tender for a design form;
(d) the result of the design contest form The results of the tender for a given performance as laid down in the directly applicable European Union Regulation (1);
(e) a notice of intent to conclude a contract within the meaning of Article 146 (2) of the Act, a notification of voluntary ex ante transparency provided for in the directly applicable European Union Regulation (1);
(f) contract notice or design contest form The cancellation of the procurement procedure or the design contest referred to in Annex 1 to this Order,
(g) a summary of the contract notice in the case of a dynamic purchasing system or a summary of the contract notice under the framework contract form Summary of the contract notice under the framework contract set out in Annex 2 to this decree;
(h) the notification of the contracting entity's profile form The notification of the contracting entity's profile as set out in Annex 3 to this decree;
(i) the cancellation of the profile of the contracting entity by the form of the Cancellation of the profile of the contracting entity referred to in Annex 4 to this Regulation.
(2) The contracting authority shall use the publication in the Public Procurement Bulletin for:
(a) the prior notification form for the prior information notification provided for in the directly applicable European Union Regulation (1);
(b) the contract notice form of the contract notice provided for in the directly applicable European Union Regulation (1);
(c) the contract award notice form provided for in the directly applicable European Union Regulation (1).
(3) The sectorial contracting authority shall use the publication in the Public Procurement Bulletin for:
(a) periodic prior notification form Regular prior notification - public services covered by the directly applicable European Union Regulation (1);
(b) the contract notice form Contract notice - Public services provided for in the directly applicable European Union Regulation (1);
(c) the contract award notice form - public services provided for in the directly applicable European Union Regulation (1).
(4) The contracting authority shall use the defence or security procurement to publish a notice in the Public Procurement Bulletin for:
(a) prior notification form Notification of preliminary information on contracts in the field of defence and security provided for in the directly applicable European Union1),
(b) the contract notice, as provided for in the directly applicable European Union Regulation (1),
(c) the contract award notice form for defence and security contracts provided for in the directly applicable European Union Regulation (1).
(5) In order to publish a notice in the Public Procurement Bulletin, the selected candidate for a defence or security procurement shall use the Subcontracting Notice form provided for in the directly applicable European Union1).
Means of service of the notice
(1) The contracting authority or the selected tenderer shall deliver to the operator of the Public Procurement Bulletin a notice for publication or the requirements for the modification of an already published notice pursuant to Article 6 in writing, either in paper or in electronic form.
(2) Document referred to in paragraph 1 delivered in paper form
(a) is served by the postal licence holder under the Postal Service Act, by the person carrying out the shipment of consignments, or by personal service to the postal office of the operator of the Public Procurement Bulletin;
(b) it must be signed by a natural person authorised to sign as a contracting authority or a selected tenderer, where applicable, and must bear a stamp if the stamp is part of the form used to sign the contracting authority or the selected tenderer.
(3) The document referred to in paragraph 1, delivered electronically, shall be served on:
(a) via a data box in accordance with another legislation2),
(b) by electronic means pursuant to Section 149 of the Act to the e-mail address of the operator's office;
(c) by means of remote access by directly completing the electronic form in the information system using the Internet application;
(d) by remote access using the information system data interface.
(4) A document delivered pursuant to paragraph 3 shall be signed by a guaranteed electronic signature based on a qualified certificate (3) issued to the person authorised to sign as the contracting authority or the selected tenderer.
(5) The permissible format of the data message containing the declaration delivered by the operator through the data box shall be:
(a) pdf (Portable Document Format), which was created by completing the electronic form published on the operator's website if it contains the corresponding suffixes,
(b) xml (Extensible Markup Language Document) if it complies with the validation rules contained in the XSD scheme published on the operator's website and contains the corresponding suffixes.
(6) The corresponding file referred to in paragraph 5 (a) and (b) means the external character of the data message format that allows the software to identify the data file type.
Deficiencies of the declaration
(1) If the notice received by the operators does not contain the particulars referred to in § 4 (2) (b) and § 4 (4) or the particulars referred to in § 7, the notice will not be published. Nor will a notice be published which is not in the formats set out in § 4 (5).
(2) The operator shall send to the contracting authority or the successful tenderer within 3 working days of receipt of the notification that the notice will not be published for the defects referred to in paragraph 1, including an appropriate justification for that fact. At the same time, the operator shall invite the contracting authority or the selected tenderer to remedy the defects of the notice.
(3) Where an operator's performance defect is detected, the operator shall send the contracting entity or the selected tenderer within 2 working days of the detection or notification of the notification defect, which shall include a draft corrective measure to remedy the defect. An operator shall ensure, without delay after the written agreement of the contracting authority or the selected tenderer with the proposed corrective measure, the removal of the defect at its own expense.
Modification of data in the published publication
(1) The contracting authority or the successful tenderer requesting an amendment to the published notice in accordance with Article 147 (8) of the Act shall act mutatis mutandis in accordance with Article 3 by re-completing the relevant form and amending the information it requests to modify it.
(2) In the event of publication of the modified notice, the operator shall ensure that the original notice is invalidated and shall clearly indicate this on the original form. Such invalidated notice shall be retained by the operator in order to ensure possible control and to allow comparison with the modified declaration.
Information and documents published on the contracting authority's profile
(1) The contracting authority shall publish on its profile the procurement documents or the text part of the procurement documents provided for in Article 48 of the Act, the qualification documents provided for in Article 48 (6) of the Act, the additional information provided for in Article 49 of the Act and the written report provided for in Article 85 of the Act.
(2) The contracting authority shall publish on its profile of the contracting authority a written notice in the simplified sublimity procedure provided for in Section 38 of the Act, information on the possibility to inspect the place of performance in the simplified sublimity procedure provided for in Section 49 of the Law, the contract concluded for the contract, including all its amendments and additions, the amount of the price actually paid for the performance of the contract, the list of subcontractors of the public contract pursuant to Section 147a of the Act and the justification of the contract provided for in Section 156 of the Law. On its profile of the contracting authority, the contracting authority may publish in the simplified sublimity procedure the decision to exclude the tenderer under Sections 60 and 76 of the Act and the notification of the selection of the most appropriate tender under Section 81 of the Act.
Requirements for the details of the contracting authority's profile
(1) The contracting authority shall ensure that:
(a) anyone may have been able to ascertain the identity of the contracting entity or, where appropriate, the identity of the contracting entity's profile operator in an appropriate form;
(b) records of the status of the contracting authority's profile and of the published documents have been established and protected against change, destruction and unauthorised access;
(c) the records contain information on the identity of the person who published the document, the identification of the document, the date and time of the beginning and end of the publication;
(d) the document published has been protected against unauthorised change and has been made available continuously within the prescribed time limit;
(e) the time value has been given with accuracy for a second and has been obtained from a trusted time meter in such a way that it corresponds to the value of coordinated world time (UTC);
(f) the Internet address of the contracting authority's profile published in the Public Procurement Bulletin refers directly to a website to which only the contracting authority's contracts are published; and
(g) all documents and information which have been published on the contracting entity's profile shall be made publicly available free of charge for at least 5 years after their publication. The exception is the documents provided under Sections 38 and 48 of the Act.
(2) The contracting authority is not entitled to use at the same time multiple profiles of the contracting authority to publish information on its contracts. This is without prejudice to the right of the contracting authority to use the electronic public administration marketplace or the National Electronic Facility at the same time as the contracting authority's profile.
(3) Where the contracting authority changes its profile, it shall ensure that:
(a) all the information and documents relating to procurement published on the contracting authority's unused profile shall be transferred to the contracting authority's newly used profile in accordance with paragraph 1 (g). An unused profile of the contracting authority shall be identified by the contracting authority in the Public Procurement Bulletin as being cancelled by sending a form of Cancellation of the profile of the contracting authority listed in Annex 4 to this Regulation; or
(b) information on the contracting entity's unused profile, including a direct hyperlink, has been published on the newly used profile of the contracting entity. The contracting authority shall also ensure that information on contracts initiated after the date on which the contracting authority's profile changed is not disclosed through the unused profile of the contracting authority. Information on contracts published here will be added to the unused profile of the contracting authority. An unused profile of the contracting authority shall be labelled as inactive by the contracting authority in the Public Procurement Bulletin by sending a form of Cancellation of the profile of the contracting authority listed in Annex 4 to this Regulation.
Structure of data published on the contracting entity profile
(1) All public procurement documents published on the contracting entity's profile are located in a logical unit, identified by a unique public procurement identifier.
(2) The procuring entity for documents published on the profile of the procuring entity shall use one of the formats listed in Part I (a) - (q) of Annex 3 to Decree No. 194 / 2009 Coll., on the determination of the details of the use and operation of the data box information system.
(3) The written notice in the simplified sublimity procedure provided for in Article 38 of the Law, the procurement documents or the text part of the procurement documents provided for in Article 48 of the Act, the additional information and information on the possibility of the examination of the place of performance in the simplified sublimity procedure provided for in Article 49 of the Law, the decision to exclude the applicant under Article 60 and 76 of the Act, the notice of the selection of the most appropriate tender under Article 81 of the Law in the simplified sublimity procedure and the written report under Article 85 of the Act are signed by a guaranteed electronic signature based on a qualified certificate issued for the person authorised to sign as contracting authority.
(4) Where an obligation is imposed on the contracting authority to use electronic public service markets, the contracting authority shall publish on its profile the name and Internet address of the electronic market through which it procures public procurement, no later than before the start of the proceedings on the electronic market. If the contracting authority changes the operator of the electronic marketplace, it is obliged to publish the change of the electronic marketplace on its profile of the contracting authority before the start of the procedure in the new electronic marketplace.
(5) The basic selected procurement information published on the contracting authority's profile shall take the form of structured data, the description of which is given in Annex 5 to this decree.
Transitional provisions
The contracting authority shall ensure compliance with the requirement to publish on the profile of the contracting authority the basic selected information on the procurement in the form of structured data referred to in Article 9 (5) by 31 December 2012 at the latest.
Repeal
Decree No. 339 / 2010 Coll., on the publication of notices for the purposes of the Public Procurement Act, is hereby repealed.
Efficacy
This Decree shall take effect on the first day of the second calendar month following its publication.
Minister:
Ing. Jankovský v. r.
Příloha č. 1
Annex No 1 to Decree No. 133 / 2012 Coll.
Form for cancellation of the procurement procedure / design contest
Příloha č. 2
Annex No 2 to Decree No 133 / 2012 Coll.
Form for the summary of the contract award notice under the framework contract
Příloha č. 3
Annex 3 to Decree No. 133 / 2012 Coll.
Form for notification of the contracting entity's profile
Příloha č. 4
Annex No. 4 to Decree No. 133 / 2012 Coll.
Form for the cancellation of the contracting authority's profile
Příloha č. 5
Annex No 5 to Decree No. 133 / 2012 Coll.
Scope and technical description of the data structure for the disclosure of basic public procurement information published on the contracting authority's profile, frequency of transmission of information and updates
1. Scope of the basic information on the contract on the contracting authority's profile - compulsory items:
(a) the identifier of the contracting entity's profile - it is the registration number of the contracting entity's profile in the Public Procurement Bulletin allocated on the basis of the Contract Profile Notification;
(b) the ICO and the name or business name of the contracting entity;
(c) a unique public procurement identifier registered on the contracting authority's profile corresponding to the structure PrrVnnnnnnnnn where:
1. "P" specifies that the contract is published on the contracting authority's profile
2.
3. "V" specifies that the contract is
4. "nnnnnnnnn" shall indicate the eight-digit serial number of the contract awarded by the contracting authority in the relevant year;
(d) registration number of the public contract in the Public Procurement Bulletin - if the contract is published in the Public Procurement Bulletin
(e) the name of the contract;
(f) the state of management which corresponds to XML schemes published on the Public Procurement Information System website of one of the possible values
1. public contract not terminated - the contract information has been published on the contracting authority's profile, the time limit for submitting tenders is running or the evaluation of tenders is ongoing
2. the contract was awarded - the contract was concluded with the supplier
3. the contract has been cancelled
4. the performance of the contract is terminated on the basis of a contract
(g) specification of the procurement procedure which corresponds to XML schemes published on the Public Procurement Information System website of one of the possible values
1. open procedure
2. restricted procedure
3. public consultation procedure
4. negotiated procedures without publication
5. competition dialogue
6. Simplified sub-limit management
7. design contest
8. small-scale contract
(h) a list of tenderers - to be provided if this information is known. The following information shall be given to each tenderer:
1. ICO
2. the name or business name of the tenderer in the case of a legal person / name, the name of the tenderer in the case of a natural person
3. country of residence, place of business or residence of the tenderer
4. offer price of the tenderer with VAT
(i) the specifications of the selected tenderer or the list of selected tenderers - if the most appropriate tender is selected. The following values shall be indicated for each successful tenderer:
1. ICO
2. the name or business name of the tenderer in the case of a legal person / name, the name of the tenderer in the case of a natural person
3. country of residence, place of business or residence of the tenderer
4. the total price under the contract excluding VAT - the contracting authority states if the contract was concluded
5. the total price according to the VAT contract - the contracting authority states if the contract was concluded
6. the price actually paid, excluding VAT, for each year of performance - the contracting authority states if the contract has been executed
7. the VAT price actually paid for each year of performance - the contracting authority states if the contract was executed
(j) a list of subcontractors - the contracting authority shall indicate if this information is known. Each subcontractor shall be given the following information:
1. ICO
2. the name or business name of the tenderer in the case of a legal person / name, the name of the tenderer in the case of a natural person
3. country of residence, place of business or residence of the tenderer
2. Information on the procurement to the extent and structure of this Annex shall be made publicly available and updated at least once a month but no later than the third day of the month following the month in which the information on the profile is published.
3. Technical specifications of published data
a) Basic selected information will be published on a structured profile. Detailed description of XML schemes is published on the Public Procurement Information System website.
(b) Basic information on the contracting entity profile will be available at http: / / (contracting entity profile address) / XMLdataVZ? from = ddmmrrr & to = ddmmrrr where
1. "(procuring entity profile address)" is the Internet address registered in the List of procuring entities' Profiles in the Public Procurement Bulletin
2. "/ XMLdataVZ?" is a constant character string
3. the parameters "from =" and "to =" specify the time period in which the public procurement data are provided, i.e. information is provided on all public contracts registered on the profile of the contracting authority in which the change in basic information took place during that period (including days from - to), the maximum time between the parameters from - to is 366 days.
4. the value of "ddmmrrr" indicates the structure of the transmitted format for a specific date where "dd" means the day, "mm" month and "yyyy" year.
5. Data are made available through the GET method
1) Commission Implementing Regulation (EU) No 842 / 2011 of 19 August 2011 laying down standard forms for the publication of notices in the field of public procurement and repealing Regulation (EC) No 1564 / 2005.
2) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended.
3) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
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Regulation Information
| Citation | Decree No. 133 / 2012 Coll., on publication of notices for the purposes of the Public Procurement Act and the requirements of the contracting entity profile |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2012 |
|---|---|
| Effective from | 01.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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