Act No. 135 / 2016 Coll.
Law amending certain laws in connection with the adoption of the Public Procurement Act
Valid
Law
Effective from 01.10.2016
135
THE LAW
of 19 April 2016
amending certain laws in connection with the adoption of the Public Procurement Act
Parliament has decided on this law of the Czech Republic:
Change of the law on addictive substances and change of some other laws
Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended by Act No. 354 / 1999 Coll., Act No. 117 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 57 / 2001 Coll., Act No. 185 / 2001 Coll., Act No. 407 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 223 / 2003 Coll., Act No. 141 / 2009 Coll., Act No. 167 / 2004 Coll., Act No. 50 / 2013 Coll., Act No. 243 / 2013 Coll.
1. in Paragraph 24a (2):
"(2) Licences may be granted only to the supplier selected in the procurement procedure by the State Institute for Drug Control under the Public Procurement Act. The procurement conditions shall include binding rules of good cultivation practice for tenderers to be established for the purpose of growing hemp in accordance with a standardised procedure leading to the constant quality of the hemp produced. The procurement conditions shall also specify the required content of the active substances of hemp. The tender price shall be at least 75% within the evaluation criteria. The State Institute for Drug Control under the terms of reference shall fix the maximum bid price on the basis of a market survey carried out in countries which may export hemp for therapeutic use, namely hemp whose parameters shall correspond to the award procedure. '
2. In Paragraph 24a (3), first sentence, the word "selection 'is replaced by" procurement'.
3. In Paragraph 24a (3), third sentence, the word "selection 'is replaced by" award'.
Amendment of the budgetary rules
Act No. 25 / 2009, Act No. 25 / 2011, Act No. 25 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In the third sentence of Article 4 (3), the words "from approved concession contracts 4e) 'are replaced by the words" from concessions under the law governing public procurement'.
footnote 4e is deleted.
2. In Paragraph 14 (4) (j), "public procurement 'is replaced by" public procurement'.
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 219 / 2000 Coll., on the property of the Czech Republic and its acts in legal relations, as amended by Act No. 492 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 457 / 2002 Coll., Act No. 480 / 2002 Coll., Act No. 140 / 2006 Coll., Act No. 218 / 2004 Coll., Act No. 217 / 2005 Coll., Act No. 359 / 2005 Coll., Act No. 22 / 2006 Coll.
1. In Article 12 (5), the words "under special law, 18) 'are replaced by the words" under the law governing public procurement'.
footnote 18 is deleted.
2. In the third sentence of Paragraph 12 (8), the words "the negotiation of a concession contract under special law 18a) 'are replaced by the words" the award of a concession under the law governing the award of public contracts'.
footnote 18a is deleted.
Amendment of the Act on Support for Research, Experimental Development and Innovation
Act No. 130 / 2002 Coll., on the promotion of research, experimental development and innovation from public funds and on the amendment of certain related laws (Act on the promotion of research, experimental development and innovation), as amended by Act No. 41 / 2004 Coll., Act No. 215 / 2004 Coll., Act No. 342 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 81 / 2006 Coll., Act No. 227 / 2006 Coll., Act No. 171 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 110 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 469 / 2011 Coll., and Act No. 49 / 2013 Coll., is amended as follows:
1. in Articles 2 (2) (g), 7 (4) and 8 (5), the words "public procurement" shall be replaced by "public procurement."
2. footnote 2 shall read:
"2) Act No. 134 / 2016 Coll., on Public Procurement. '.
Amendment to the Act on the protection of classified information and on security competence
Act No. 412 / 2005 Coll., on the protection of classified information and security competence, as amended by Act No. 119 / 2007 Coll., Act No. 177 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 255 / 2011 Coll., Act No. 250 / 2014 Coll., Act No. 204 / 2015 Coll., Act No. 375 / 2015 Coll., amended as follows:
1. in Paragraph 69 (1) (r), including footnote 49, 50, 51 and 53, the following shall be added:
"(r) as contracting authority, if it is not the intelligence service, immediately notify and document the documents to the Office in writing for:
1. the fact that it will award contracts outside the procurement procedure for the protection of classified information49),
2. the fact that the procurement procedure provides for measures to ensure the protection of classified information50) confidential or higher,
3. the establishment of a requirement for professional competence in procurement procedures (51), consisting of the presentation of a document proving the supplier's ability to ensure the protection of classified information of a confidential or higher level or an authorisation to enter the supplier's persons in a secure area of category Confidential or higher or negotiating area under this law; or
4. the condition for the conclusion of a contract in a procurement procedure, consisting of the presentation of a document proving the supplier's ability to ensure the protection of classified information53) confidential or higher.
49) Paragraph 29 (b) of Act No. 134 / 2016 Coll., on Public Procurement.
50) § 193 of Act No. 134 / 2016 Coll.
51) § 195 of Act No. 134 / 2016 Coll.
53) § 104 (c) of Act No. 134 / 2016 Coll. '.
2. in Article 153 (1) (ee), the words "or contracting authority in a concession procedure" shall be deleted;
Amendment of the Act on public passenger transport services and amendment of other laws
Act No. 194 / 2010 Coll., on public passenger transport services and amending other laws, is amended as follows:
1. in § 1 (1), § 6 (1) first sentence, § 9 (1) first sentence, § 18 introductory part of the provision, § 18 (c), § 19 (1), § 19 (3), § 22 (1) introductory part of the provision, § 22 (2) and § 25 (2) (a), the words "European Communities" shall be replaced by the words "European Union."
2. In the first sentence of Paragraph 10 (2), "in the information system under the Public Procurement Act 'is replaced by" in the Public Procurement Bulletin under the Public Procurement Act'.
3. In Paragraph 10 (2), the third sentence is replaced by the sentence "Paragraph 213 of the Public Procurement Act shall also apply for publication, mutatis mutandis, with paragraph 3 (b) of the sentence behind the semicolon not applicable. The model form for the publication of the notice of invitation to tender shall be laid down in the implementing legislation. ';
4. In Section 10 (3) of the introductory part of the provision, the words "the content of the tender documents shall apply mutatis mutandis to the relevant provisions of the public procurement law, with the effect that the client in the documentation" shall be replaced by the words "the tender terms and conditions shall apply to the tender documents, paragraphs 36 and 37 and, for the procurement documents, paragraphs 98 to 102 of the Public Procurement Act, mutatis mutandis, by the client."
5. Paragraph 10 (4) reads as follows:
"(4) The client shall apply mutatis mutandis to:
(a) the time limit for the award of the public procurement law § 40,
(b) the qualification, its scope, the demonstration of compliance with the qualification and assessment of qualifications, Sections 73 to 75, Sections 77 and 78 of the Public Procurement Act;
(c) the technical conditions of Section 89 of the Public Procurement Act;
(d) exclusion from participation in the tendering procedure Article 48 of the Public Procurement Act;
(e) security of Article 41 of the Public Procurement Act,
(f) the submission of tenders and their content by Article 103 and 107 of the Public Procurement Act; and
(g) electronic instruments of Sections 214 and 215 of the Public Procurement Act. ';
6. Paragraph 10 (5) and (6) are deleted.
7. In Article 11 (2), the second sentence is replaced by the following: "Paragraph 61 of the Public Procurement Act shall apply mutatis mutandis for the conduct of negotiations."
8. In Article 12 (1), the words "and the evaluation committee shall apply the relevant provisions of the Public Procurement Act 'shall be replaced by" paragraphs 108 to 110 of the Public Procurement Act';
9. Paragraph 12 (2) reads as follows:
"(2) Paragraph 39 (4) and (5) of the Public Procurement Act shall apply mutatis mutandis to the examination of tenders. Paragraph 114 of the Public Procurement Act applies mutatis mutandis to the evaluation of tenders. Paragraph 113 of the Public Procurement Act shall apply mutatis mutandis to the assessment of the abnormally low offer price. '
10.Paragraph 13 (2) reads as follows:
"(2) Paragraph 123 of the Public Procurement Act shall apply mutatis mutandis to the notification of the selection of the carrier. Paragraph 124 and 125 of the Public Procurement Act shall apply mutatis mutandis to the conclusion of a public passenger service contract. '
11. In Paragraph 13, the following paragraph 3 is inserted after paragraph 2:
"(3) Paragraph 242 to 247 of the Public Procurement Act shall apply mutatis mutandis to the submission of objections, the manner in which they are dealt with and the prohibition on the conclusion of a public passenger service contract. '
Paragraph 3 shall become paragraph 4.
12. In the first sentence of Paragraph 14, the words "the relevant provisions of the Public Procurement Act on the cancellation of procurement procedures' are replaced by the words" Sections 127 and 128 of the Public Procurement Act '.
13.
(1) Paragraph 223 of the Public Procurement Act shall apply mutatis mutandis to the amendment of the public passenger service contract obligation, with the application for the purposes referred to in paragraph 4 (a) of the service contract limit for the contracting authority concerned.
(2) Paragraph 220 of the Public Procurement Act shall apply mutatis mutandis to the publication of public passenger service contracts. '
14. in Article 19 (4) and (5):
"(4) In the objections, the complainant must state who is submitting them, against which the client's action is directed, in which the infringement of the law or the directly applicable European Union1 law is observed), the damage to the complainant as a result of the alleged infringement of the law or the directly applicable European Union1 law) is or has arisen and what the complainant seeks. Paragraph 246 and 247 of the Public Procurement Act apply mutatis mutandis to the manner in which the objections are settled and the ban on the conclusion of public passenger transport services.
(5) For the publication of a public passenger service contract concluded on the basis of a direct award, the procedure laid down in Article 16 (2) shall be followed. '
15. in Paragraph 21 (2), "public procurement" is replaced by "public procurement."
16. in Article 22 (1) of the introductory part of the provision and Article 25 (2) (a), the word "legal" shall be deleted;
17. Paragraph 25 (1) reads as follows:
"(1) The Office for the Protection of Competition (hereinafter referred to as" the Office ') shall supervise compliance with the procedures of the State, Region and Municipality when concluding contracts for the provision of transport services.'
18. In Section 26, the word "contracting authority 'is replaced by" client'.
19. In Section 26, "2 'is replaced by" 3';
20. In Article 26, the words "(hereinafter referred to as" the appellant ") 'are deleted.
21. In Paragraph 26, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Paragraph 247 of the Public Procurement Act shall apply mutatis mutandis to the prohibition on the conclusion of a contract; This does not apply in the case of a direct award under Paragraph 18 (b). ';
22. § 27 reads:
(1) In addition, Sections 251 to 253 and 256 to 267 of the Public Procurement Act apply to the procedure for reviewing the client's operations; Section 256 (1) and Section 265 of the Public Procurement Act do not apply.
(2) In addition to the general procedural requirements, the proposal shall contain a precise indication of the client in which the infringement of the law or the directly applicable regulation of the European Union in which the appellant is threatened or caused harm to his rights, the relevant evidence and what the appellant seeks. The application sent to the Office shall include proof of receipt of the opposition to the client and proof of deposit. Bail shall be lodged by the applicant in the amount of 1% of the expected value of public passenger transport services or CZK 100,000 if this estimated value cannot be ascertained.
(3) In the case of direct award proceedings under Paragraph 18 (b), no interim measure may be imposed. '
23. Sections 28 to 32 are deleted.
24. § 33, including the title:
Administrative offenses of the client
(1) The client commits an administrative offence by:
(a) failure to comply with the rules laid down by this law or the directly applicable European Union1) for the tendering procedure, which has affected or may have affected the selection of the most appropriate tender, and to conclude a public passenger transport service contract;
(b) establish the procurement terms of the tendering procedure contrary to the law or directly applicable European Union1) and conclude a public passenger service contract;
(c) conclude a public passenger transport service contract contrary to the prohibition of its conclusion pursuant to Article 13 (3) or Article 19 (4);
(d) reject or proceed with the proceedings in breach of Article 13 (3) or Article 19 (4);
(e) shall not produce or maintain the tender documents referred to in Article 17;
(f) conclude a public passenger transport service contract by direct entrustment in breach of Paragraph 18;
(g) not send information pursuant to § 19 (1) or notification pursuant to § 19 (2) for publication;
(h) not publish a public passenger transport service contract contrary to § 16 (2) or § 19 (5);
(i) do not disclose information on the public passenger transport contract for public rail passenger services on a national or regional track concluded by direct outsourcing in breach of the directly applicable European Union Regulation (11).
(2) For the administrative offence referred to in paragraph 1 (a), (b), (c), (f), (g) or (h), a fine shall be imposed up to 5% of the expected value of public passenger transport services or up to CZK 20 000 000, if this estimated value cannot be established. For administrative offences referred to in paragraph 1 (d), (e) or (i), a fine of up to CZK 10 000 000 shall be imposed. "
Transitional provisions
1. Tender procedures under Act No. 194 / 2010 Coll., as effective before the date of entry into force of this Act, initiated before the date of entry into force of this Act shall be completed in accordance with Act No. 194 / 2010 Coll., as effective before the date of entry into force of this Act.
2. The procedure for reviewing the acts of the contracting authority and the procedure for administrative delicacies before the Office for the Protection of Competition pursuant to Act No. 194 / 2010 Coll., as effective before the date of entry into force of this Act, started before the date of entry into force of this Act, shall be completed in accordance with Act No. 194 / 2010 Coll., as effective before the date of entry into force of that Act.
Amendment to and proceedings against the Act on criminal liability of legal persons
Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons, as amended by Act No. 105 / 2013 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll. and Act No. 375 / 2015 Coll., is amended as follows:
1. in § 15 (1) (f), in § 21, in § 21 (1) to (3), in § 24 (a) to (c), in § 39 and in § 39, the words "participation in a concession procedure or" shall be replaced by "or participation."
2. In Paragraph 21 (1), the words "on public procurement, concession procedures' are deleted.
3. In Paragraph 21 (3), the words "on public procurement, concession procedures' are deleted.
EFFECTIVE
That law shall take effect on the first day of the sixth calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 135 / 2016 Coll., amending certain laws in connection with the adoption of the Public Procurement Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.2016 |
|---|---|
| Effective from | 01.10.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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