Act No. 148 / 1996 Coll.
Act amending and supplementing Act No. 199 / 1994 Coll., on Public Procurement
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Effective from 01.07.1996
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01.07.1996
31.05.1996
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148
THE LAW
of 25 April 1996
amending and supplementing Act No. 199 / 1994 Coll., on Public Procurement
Parliament has decided on this law of the Czech Republic:
Act No. 199 / 1994 Coll., on Public Procurement, is amended as follows:
1. Paragraph 1 (2) (b), including footnote 3a, reads as follows:
"(b) contracts the object of which is the protection of copyright (3) or laws governing industrial or intellectual property rights, 3a)
3a) For example Act No. 527 / 1990 Coll., on inventions, industrial designs and improvements, as amended by Act No. 519 / 1991 Coll., Act No. 478 / 1992 Coll., on utility models. '
2. the following points (d) to (l) of Article 1 (2) are added:
"(d) purchase of art, historical or collection items carried out at auctions held outside execution 4a) and purchase of library funds as a whole, 4b)
(e) the performance of a public contract which may be awarded by a legal person established for that purpose by the contracting ministry or other administrative authority or by a local authority or by a single contracting entity;
(f) public service obligations, 4c)
(g) active employment policy instruments covered by specific regulations, 4d)
h) purchase, maintenance and restoration of Czech property abroad,
(i) contracts of representative offices of the Czech Republic abroad,
(k) contracts relating to visits to official representatives of other States and governments in the Czech Republic,
(l) purchases by the CDOs.
4 (a) Act No. 174 / 1950 Coll., on auctions outside execution, as amended by Act No. 513 / 1991 Coll.
4b) Act No. 53 / 1959 Coll., on the Single System of Libraries, as amended by Act No. 459 / 1990 Coll.
4c) E.g. § 19 (4) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll.
4d) Act No. 1 / 1991 Coll., on Employment, as amended. Act ČNR No. 9 / 1991 Coll., on employment and competence of the authorities of the Czech Republic in the employment sector, as amended. '
3. Article 2 (a), including Notes 4e and 4f, reads as follows:
"(a) a contract awarded by:
1. the Ministry, the other administrative authority, the local authorities and the national authorities, in the case of the city and capital cities of Prague, also through the urban district and the urban area, 4e) and their established budgetary and contribution organisations, the Supreme Audit Office, the courts, prosecutors and state funds, as well as legal persons established by law, which, in accordance with the budgetary rules, manage the resources of the state budget, state funds, contributions of international organisations (e.g. "PHARE"), the budgets of the regional authorities or the budgets of the local authorities; or
2. a legal or natural person who, in order to cover a contract consisting of the manufacture, assembly, modification or repair, or, where appropriate, the purchase of a property or a set of machines and equipment forming a separate functional unit, uses the resources of the State budget, State funds, contributions from international organisations (e.g. "PHARE"), the budget of the district offices or budgets of the local authorities (hereinafter referred to as the "contracting authority").
The contract also includes the rental of non-residential premises, 4f)
4e) § 3 of the ČNR Act No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended.
4f) Act No. 116 / 1990 Coll., as amended. '
4. In Article 2 (f), the words "the terms and conditions of the competition and, where appropriate, on the basis of written calls in other ways' are deleted.
5. the following points (k) and (l) shall be added to Article 2:
"(k) a set of machines or equipment constituting a separate functional unit, such a set of movable goods which fulfil a comprehensive technical and economic function determined by the contracting authority or project documentation and requires assembly;
(l) a specialised contract such a contract which may be awarded to contracting entities only a limited number of candidates having the relevant business authorisation, but not more than seven. "
6. the following Sections 2a to 2g are inserted after Section 2, including Notes 5 (a) to 5 (e):
Qualification of tenderers
(1) Candidates are required to demonstrate in tenders the qualification assumptions (§ 2b) for the performance of the contract. In the award, the contracting authority may require the fulfilment of additional conditions for performance of the contract (Section 2f).
(2) The contracting authority shall establish the qualifications of tenderers
(a) when assessing tenders (Sections 21, 29, 34 and 49);
(b) when assessing tenders (§ 35),
(c) before the conclusion of the contract (Paragraph 38 (4)).
(3) The requirements for the demonstration of additional assumptions for the performance of a contract shall be defined by the contracting authority in the award or in the qualification documentation, including the required method of performance. Candidates may request information from the contracting authority to demonstrate additional assumptions not later than seven days before the end of the competitive period; the information must be provided to all tenderers.
(4) In determining the requirements for the demonstration of the qualification of tenderers, the contracting authority shall indicate in the terms of the award how it requires the demonstration of the qualification if it submits a tender jointly to several persons.
Qualification assumptions
(1) The eligibility criteria for performance of the contract are met by the tenderer,
(a) which has a relevant business authorisation, (5a) where specific provisions are laid down;
(b) the assets of which have not been declared bankrupt or against which bankruptcy or settlement proceedings have not been opened, or the application for a declaration of bankruptcy has not been rejected because of a lack of bankruptcy or is not in liquidation;
(c) which does not include tax arrears in the tax register, 5b)
(d) who has not been convicted of a criminal offence the nature of which relates to the subject of the applicant's business or to an economic offence 5c) or an offence against property, 5d)
(e) which has not been disciplined in the last three years under special rules governing the pursuit of professional activities, 5e) where that activity is linked to the subject of a contract.
(2) The condition referred to in paragraph 1 (d) applies to persons acting as a statutory body or all members of a statutory body.
Demonstration of qualification assumptions
(1) The applicant shall demonstrate compliance with the qualification criteria set out in Article 2b (1) (a) with evidence of an authorisation for a business and with an affidavit for points (b) to (e).
(2) The candidate with whom the contract is to be concluded will demonstrate the qualification assumptions as follows:
(a) in accordance with Paragraph 2b (1) (b), an extract from the Commercial Register, if registered, not more than 90 days old;
(b) pursuant to Paragraph 2b (1) (d), an extract from the criminal record not more than six months old.
(3) The documents entitled to business and the documents referred to in paragraph 2 may also be presented in a copy with a certificate of authenticity.
Changes in qualification
The applicant shall report within 14 days to the contracting authority any changes that have occurred following the submission of his tender and which affect the information required by the contracting authority to demonstrate the qualification.
Consequences of non-compliance with qualification assumptions
If the tenderer fails to demonstrate one of the qualification assumptions or fails to fulfil an obligation under Paragraph 2d, the contracting authority must exclude him from participating in the further negotiation of the contract. The decision on exclusion shall be notified without delay by the contracting authority to the excluded tenderer.
Other conditions for performance of the contract
(1) Other conditions for performance of the contract are, for example:
(a) technical and material equipment for the performance of the contract;
(b) the number of employees of professional professions responsible for the performance of the contract;
(c) an overview of the significant contracts executed by the tenderer in recent years, indicating the client or, where appropriate, the buyer, place and time of execution.
(2) The facts referred to in paragraph 1 shall be confidential and may be used by the contracting authority only for the purpose of evaluating the results of the award of the contract for which they have been documented.
(3) The contracting authority may require the tenderer to make a solemn declaration that the proposed solution to the contract contained in the tender does not benefit from the protection provided for in the specific legislation3) or that it is the holder of these rights.
Procurement documents
(1) The specification is a summary of the data and information necessary for the processing of the tender. It shall be provided by the contracting authority on request to candidates for contracts. The procurement documents shall include in particular the technical conditions of the contract determining the quality and technical characteristics of the subject matter of the contract. The contracting authority shall be responsible for the completeness and accuracy of the information contained in the procurement documents.
(2) Where the required technical conditions contain requirements or references to individual business names, specific business names, specific product, performance or commercial materials that apply to a particular undertaking or organisational unit for the characteristics, patents and utility designs, the contracting authority shall allow the use of similar solutions.
(5a) For example, paragraphs 2 to 9 and § 77 of Act No. 455 / 1991 Coll., on Commercial Business (Trade Business Act), as amended, Act No. 128 / 1990 Coll., on Advocacy, Act No. 209 / 1990 Coll., on Commercial Lawyers and Legal Assistance by them, Act No. 237 / 1991 Coll., on Patent Representatives, as amended by Act No. 14 / 1993 Coll., Act No. 36 / 1967 Coll.
5b) § 62 of the ČNR Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
5c) Part Two, Head of the Second Criminal Act.
5d) Part Two, Title Nine of the Criminal Act.
5e) For example, Act ČNR No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as amended. "
7. Paragraph 3 (1) shall be replaced by a comma at the end of the first sentence and the following words shall be added: "Unless otherwise provided for in this law."
8. in Article 3, the following paragraph 2 is inserted after paragraph 1:
"(2) The contracting authority is obliged to declare a commercial tender if the amount of the future cash obligation of the contract, excluding value added tax, if it is a property, with the exception of rent, or a set of machines or equipment forming a separate functional unit exceeds CZK 20 000 000 and in other cases CZK 5 000 000."
9. In Article 3, paragraph 2, the words "Section 49 or Section 50 'are replaced by the words" Part Three'.
Paragraph 2 shall become paragraph 3.
10. in Article 5 (1) (c), the word "basic" shall be deleted and the words "(17)" shall be replaced by "(2b)."
11. Article 5 (1) shall be added to the following points (j) and (k):
"(j) a notice of the time of the inspection of the place of performance of the contract or of the time at which the documents may be consulted, where the inspection is envisaged, or where such documentation is not part of the procurement documents;
(k) the requirement to provide a security, including its amount (§ 23). "
12. in Article 5 (2) (d), the word "detailed" shall be inserted after the word "documentation," the words "if such documentation is necessary for the processing of a tender (§ 2g)," and the words "(§ 12)" shall be replaced by "(§ 64c)."
13. in Article 5 (2) (e), the words "qualifications beyond basic qualifications" shall be replaced by "others" and the following shall be inserted after the words "assumptions": "(§ 2f)."
14. in Article 5 (2), point (g) is deleted and point (h) is renumbered as point (g). The following words shall be added to the word "solution 'in the newly identified point (g):" and to the division of the procurement for partial transactions'.
15. In Article 6 (1), the dot shall be deleted at the end of the paragraph and the following words shall be added: "with an indication of how the order of the tenders shall be drawn up."
16. in Article 6 (2) (b), 'in particular' is replaced by 'for example';
17. in Article 8 (2), the dot shall be deleted at the end of the paragraph and the following words shall be added: "and end on the date of dispatch of the notification of the selection of the most appropriate tender, unless objections are submitted or a proposal to review the decision of the contracting authority. The procurement period shall be extended by 90 days for contracts in which foreign aid programmes are financially involved under existing international agreements. ';
Article 18 (9) (1) reads as follows:
"(1) Tenders shall be submitted in person or by registered mail, in writing, in closed envelopes marked" competition "and bearing the stamp of the tenderers and, where appropriate, the detailed identification of the contest. '
19. In Paragraph 9, the following paragraph 2 is inserted after paragraph 1:
"(2) Tenders shall be delivered by the contracting authority by the end of the competitive period. Each tenderer may submit only one tender; in breach of these obligations, the contracting authority shall exclude the tenderer concerned from the competition. No person may participate in the same competition as the tenderer more than once. ';
20. In the first sentence of paragraph 9 of paragraph 2, the word "sealed 'shall be deleted; at the end of the second sentence, the dot is replaced by a comma and the following words are added:" closed and stamped at the end of the second sentence.';
Paragraph 2 shall become paragraph 3.
21. Article 9 shall be added to paragraph 4:
"(4) Samples and samples of goods offered must be marked as part of the offer. ';
22. Article 11 (5) is added as follows:
"(5) The advantages referred to in paragraphs 2 and 3 shall not be added.";
23. Sections 12 to 20, including Notes 7) to 12) shall be deleted.
24. Article 21 (1) reads as follows:
"(1) The contracting authority may, at the time of the publication of a commercial tender, require the demonstration of the qualification of the tenderers on the basis of a pre-qualification procedure. In the pre-qualification procedure, the contracting authority shall select tenderers who, by fulfilling the qualification criteria, demonstrate their eligibility for the performance of the contract. ';
25. in Article 21 (2), the words "specify, in addition to the requirements laid down in Sections 15 and 20 of this Act," shall be replaced by the words: "require, in particular, the relevant authorisation to conduct a business and specify a specific method of proving other assumptions (Section 2f). In addition, the contracting authority must indicate '.
26. Article 21 shall be added in paragraph 5:
"(5) Documents submitted in the pre-qualification procedure shall no longer be submitted when the tender is submitted. ';
27. § 22 is released.
28. In Paragraph 23 (1), the word "may 'is replaced by the words" is obliged to request' and the word "require 'is deleted.
Article 29 (23) (2) shall be deleted and paragraph 3 shall become paragraph 2. In paragraph 2, the word "future 'shall be inserted after the words" 1% to 5%'.
30.
Forms of guarantee
The security may be provided by the tenderer only in one of the following forms:
(a) bank guarantee, 13)
(b) by the deposit of a monetary amount on the account of the contracting authority or on the special account of the tenderer to which the contracting authority shall establish an exclusive right of disposal. ";
31. in Article 25 (1), the words "immediately after the end of the tendering period" shall be replaced by the words "within seven days of notification of the most appropriate tender."
32. In Paragraph 25 (2), "without delay 'is replaced by" within seven days'.
33. In Paragraph 25 (5), the words "objections to a decision by the contracting authority to select the most advantageous tender 'are replaced by" proposal for review of the decision of the contracting authority' and the words "objections, where appropriate after the conclusion of the contract with that tenderer, if the supervisory authority finds the grounds for objecting 'are replaced by" that proposal'.
34. § 25 is added to paragraph 7:
"(7) A candidate whose opposition is accepted by the contracting authority (Paragraph 56 (1)) is obliged to re-lodge the required security within seven days of receipt of the notification. A candidate who submits a proposal to review a decision by the contracting authority on objections (Paragraph 57) must lodge the released security and attach to the proposal proof of the lodging of that guarantee. ';
35. Paragraph 27 (2) reads as follows:
"(2) Tenders received in breach of the provisions of Paragraph 9 (1) may not be accepted by the contracting authority. Where the contracting authority opens an envelope with an offer which has not been marked in the prescribed manner, it shall not include it in the competition and shall return it to the tenderer concerned. ';
36. Paragraph 28 (1) (a) reads as follows:
"(a) tenderers whose tenders have been received by the contracting authority within the competitive period;"
37. Paragraph 33 (3), first sentence, reads: "The Commission shall assess and evaluate tenders in accordance with the procedures laid down in paragraphs 34 and 35." The second sentence is deleted.
38. In Paragraph 34, the following paragraph 3 is inserted after paragraph 2:
"(3) The contracting authority may, when assessing and evaluating tenders, correct obvious numerical errors in the tender that do not affect the tender price. ';
Paragraph 39 (34) (5) reads as follows:
"(5) If all tenders are eliminated after examination, the contracting authority shall cancel the competition. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
40. In Paragraph 35 (1), the dot is deleted at the end of the first sentence and the following words are added: "according to the published evaluation method."
41. in Paragraph 37 (1) (g), the word "method" shall be inserted after the word "description."
Paragraph 38 (4) reads as follows:
"(4) The contracting authority shall invite the successful tenderer to submit the documents referred to in Article 2c. If the tenderer fails to comply with this obligation no later than three days before the signature of the contract, the contracting authority shall exclude him from the competition and invite another in the order but no more than the third. '
43. In Paragraph 39 (2), the comma after the word "price" is replaced by a dot and the words "and, where tenders are evaluated by multiple criteria, the time of performance of the contract and, where appropriate, the quality assurance."
44. The following Section 39a is inserted after Section 39:
The contracting authority shall, at the request of the tenderer whose tender has not been accepted, return the samples and samples or parts thereof included in the tender no later than 14 days after the end of the tendering period. ';
45. in Paragraph 40 (2), "maximum" is replaced by "maximum permissible."
46. the last sentence of Paragraph 40 (3) shall be deleted.
47. Paragraph 40 (4) shall be deleted.
48. Paragraph 42 is deleted.
49. in Article 44 (2), "and (i)" shall be replaced by "to (k)";
50. in Article 44 (3), the words "the conditions referred to in (g) 'are replaced by the words" the requirements for a variant solution';
51. In Paragraph 46 (2), the following sentence is added at the end: "A preliminary offer may not contain draft contract and price data."
52. In Paragraph 48 (2), after the words "selection of tenders', comma is replaced by" a ', the words "and registration' are deleted and the heading" 42 'is replaced by "41'.
53.
Invitation to multiple tenderers to submit a tender
(1) For public contracts where the amount of the future cash liability of the contract, excluding value added tax, exceeds CZK 2 500 000, if it is a property other than hire or a set of machines or equipment forming a separate functional unit, and CZK 500 000 in other cases, the contracting authority may conclude a contract on the basis of a written invitation made to at least five interested parties.
(2) The conclusion of a contract on the basis of a written invitation to tender sent by the contracting authority to candidates for contracts, if the amount of the future cash obligation exceeds the amount set out in Article 3 (2), is further accepted in the case of:
(a) urgent needs, if the Government of the Czech Republic so decides,
(b) if a specialised contract is awarded,
(c) where the same contract has already been awarded a commercial tender and has been cancelled for the reasons set out in Sections 34 (6), 48 (1) and 66 (a),
(d) where publication of the terms of the competition could jeopardise the State's secrecy, defence, security of the State or the contracting entity's property.
(3) The contracting authority shall send an invitation to tender in cases:
(a) pursuant to paragraph 2 (a), (c) and (d) to at least three candidates for contracts;
(b) pursuant to paragraph 2 (b), to all interested parties providing the performance of a specialised public contract in the Czech Republic.
(4) In the case of an invitation to tender pursuant to paragraphs 1 and 2, the contracting authority shall lay down the same requirements for all candidates for contracts and shall specify the criteria for assessing their tenders (Section 6). The evaluation of tenders shall also be carried out by the contracting authority in accordance with Sections 11 and 36. The contracting authority shall notify all tenderers of the selection of the most appropriate tender. If the contracting authority requires a guarantee, it shall proceed in accordance with paragraphs 23 and 24.
(5) The documents and data submitted by the tenderer shall be evaluated by the contracting authority in accordance with Article 2c or, where appropriate, the criteria set out in the award or qualification documentation. If the tenderer fails to demonstrate one of the qualification assumptions, the contracting authority must exclude him from further participation in the contract.
(6) The time limit for the submission of tenders may not be less than 14 days. Where a contract is awarded in accordance with the procedure laid down in paragraph 2 (a), the government may set a shortened time limit.
(7) The contracting authority may not call for tenders repeating a range of candidates where such a procedure is not justified by the nature of the contract.
(8) Where the contracting authority concludes a contract following a call for tenders, it may only conclude it with the tenderer who has submitted the most appropriate tender in accordance with the criteria laid down for the evaluation of tenders. Where the contracting authority authorises the submission of tenders for a defined part of the contract, several contracts may be awarded for the performance of the contract. ';
54. The following Sections 49a to 49c are inserted after Section 49:
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Regulation Information
| Citation | Act No. 148 / 1996 Coll., amending and supplementing Act No. 199 / 1994 Coll., on Public Procurement |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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