Decree No. 168 / 2016 Coll.
Order on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
Valid
Order
Effective from 01.10.2016
Text versions:
01.10.2016
31.05.2016
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168
DECLARATION
of 12 May 2016
on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
According to § 212 (9), § 214 (4) and § 219 (4) of Act No. 134 / 2016 Coll., on Public Procurement, the Ministry of Local Development provides:
Subject matter
This decree regulates following the directly applicable European Union1)
(a) forms used for the publication of information under the Public Procurement Act (hereinafter referred to as "the Law") for which the form is not intended directly by the applicable European Union1 Regulation;
(b) the manner in which forms are completed, including the setting of compulsory particulars;
(c) the conditions for the receipt of forms for publication;
(d) the procedure for adjusting the data in the forms;
(e) access to published forms;
(f) how forms are delivered,
(g) the procedure for correcting defects in published forms and performance defects of the Public Procurement Bulletin operator;
(h) access to published information on the contracting authority's profile;
(i) the structure of the data published on the contracting entity profile;
(j) the procedure for changing the profile of the contracting authority; and
(k) the structure of the data for the publication of the price actually paid for the performance of the contract and the details of the publication of the contract.
Conditions for access to published forms
(1) An operator of the Public Procurement Bulletin (hereinafter referred to as "the operator") shall, at the request of the contracting authority, send the form referred to in the directly applicable European Union1 Regulation to the Official Journal of the European Union within 3 working days of its dispatch by the contracting authority. The operator shall publish the form in the Public Procurement Bulletin within 3 working days of receipt of the acknowledgement of receipt of the form for publication in the Official Journal of the European Union.
(2) Where the contracting authority has not requested the form to be sent to the Official Journal of the European Union, the operator shall publish the form in the Public Procurement Bulletin within 3 working days of its dispatch by the contracting authority.
(3) The form delivered in accordance with Article 3 is published in the Public Procurement Bulletin in a manner that allows for unrestricted and direct remote access.
(4) The form published and its adaptation pursuant to Article 5 is made available free of charge for at least 5 years after publication.
Conditions for receipt of the form for publication
(1) The form is delivered
(a) by means of remote access by filling in a direct electronic form in the Public Procurement Bulletin;
(b) by remote access using the xml data interface between the information system and the Public Procurement Bulletin; or
(c) by other electronic means to the e-mail address of the operator's office.
(2) An admissible format of the data message containing the form delivered by the operator by electronic means in accordance with paragraph 1 (b). (c) is an Extensible Markup Language Document.
(3) The form delivered pursuant to paragraph 1 must comply with the rules laid down in the operating rules of the operator published on the website of the operator of the Public Procurement Bulletin.
(4) The form will not be accepted for publication without completing the application in accordance with the conditions laid down in the operating rules of the operator published on the website of the operator of the Public Procurement Bulletin.
(5) Where the first form relating to the procurement procedure has been published only in the Public Procurement Bulletin, the operator shall accept for publication an additional form relating to the procurement procedure only if it indicates that it is to be published only in the Public Procurement Bulletin. Where the first form relating to the procurement procedure has been published in the Public Procurement Bulletin and the Official Journal of the European Union, the operator shall only accept for publication another form relating to the procurement procedure if it indicates that it is to be published in the Public Procurement Bulletin and in the Official Journal of the European Union.
Defects in forms
(1) If the form delivered to the operator does not comply with the conditions set out in Section 212 (3) of the Act, the operator shall send the contracting authority within 1 working day from the date on which the form was delivered to it a notification that the form is not deemed to have been sent and will not be accepted for publication, including an appropriate justification for that fact. At the same time, the operator shall invite the contracting authority to remedy the defects of the form.
(2) Where an operator's performance defect is detected, the operator shall send a notification to the contracting authority within 1 working day of the date on which the defect was detected or reported, containing a draft corrective measure to remedy the defect. An operator shall ensure, without delay after written agreement of the contracting authority with the proposed corrective measure, the removal of the defect at its own expense.
Modification of data in the published form
(1) The contracting authority requesting amendments to the already published form referred to in § 7 to 15 (hereinafter referred to as "the original form") shall act as follows:
(a) in the Public Procurement Bulletin and in the Official Journal of the European Union, complete standard form 14 "Correction" as adapted in the directly applicable European Union1 Regulation), adding a clear reference to the original form in accordance with the rules referred to in Article 3 (3) and providing all information on changes to the original form;
(b) only in the Public Procurement Bulletin, complete the National Form CZ 04 "Correction of the National Form" as set out in Annex 4 to this Order, in which, in accordance with the rules laid down in Section 3 (3), it will complete a clear reference to the original form and provide all information on changes to the original form,
(c) to contracts in the field of defence or security referred to in Article 13, re-complete the form and amend the information required; in the case of publication of the correction form, the operator shall ensure that the original form is invalidated and shall clearly indicate this on the original form.
(2) In the case of publication of the form "Correction" or "Correction of the national form" referred to in paragraph 1, the operator shall ensure that this is obvious in relation to the original form.
Method of completing the form in the case of a framework agreement and a dynamic purchasing system
(1) In the case of a summary notice of the conclusion of a contract under a framework agreement under Section 137 (b) of the Act or in a dynamic purchasing system under Section 142 (b) of the Act, the contracting authority shall proceed by completing the section of the form marked "Award of a contract 'in summary terms with respect to the supplier to whom contracts with the same object have been awarded during the period.
(2) Where a framework agreement or a dynamic purchasing system has been concluded on the basis of a procurement procedure under an excessive regime, the contracting authority shall use the relevant form provided for in the directly applicable European Union Regulation for the contract notice under the framework agreement under Article 137 of the Act or in the dynamic purchasing system under Article 142 of the Act.
(3) Where a framework agreement has been concluded or a dynamic purchasing system has been established on the basis of a procurement procedure under a sub-limit scheme, the contracting authority shall use the national form CZ 03 "Notification of the outcome of the procurement procedure under a sub-limit scheme ', as set out in Annex 3 to this decree, for the contract contract under a framework agreement under Section 137 of the Act or in a dynamic purchasing system under Section 142 of the Law.
Forms for the publication of public procurement information under an excessive regime
The contracting authority shall use the public procurement procedure for the publication of information in the Public Procurement Bulletin and in the Official Journal of the European Union.
(a) standard form 1 "Prior notification" as adapted in the directly applicable European Union Regulation (1)
1. notice of its intention to initiate the procurement procedure under Article 34 of the Act;
2. a notification on the basis of which the time limits for the submission of tenders pursuant to § 57 (2) (a), § 59 (4) and § 62 (3) of the Act will be reduced; or
3. a notice initiating a restricted procedure pursuant to § 58 (2) of the Act or a negotiated procedure with publication pursuant to § 61 (2) of the Act,
(b) standard form 2 "Contract notice" as provided for in the directly applicable European Union Regulation (1);
1. the opening of procurement procedures pursuant to Articles 56 (1), 58 (1), 61 (1), 68 (2) and 72 (1) of the Act; or
2. the opening of a procurement procedure in which a dynamic purchasing system is established pursuant to § 139 (1) of the Act or a notice of a change in the duration of a dynamic purchasing system pursuant to § 139 (9) (a) of the Act;
(c) standard form 3 "Contract award notice" as provided for in the directly applicable European Union Regulation (1);
1. the contract award notice pursuant to § 126 of the Act;
2. the notice of cancellation of the procurement procedure pursuant to § 128 (2) of the Act,
3. notification of the introduction of a dynamic purchasing system pursuant to § 139 (8) of the Act, or notification of the termination of a dynamic purchasing system pursuant to § 139 (9) (b) of the Act; or
4. Individual or comprehensive notice of the conclusion of a contract under a framework agreement under Section 137 of the Act or in a dynamic purchasing system under Section 142 of the Act.
Forms for the publication of public procurement information under the sub-limit scheme
(1) The contracting authority shall use the contract under the sub-limit regime to publish information in the Public Procurement Bulletin
(a) national form CZ 01 "Pre-notification of the procurement procedure under the sub-limit scheme" as set out in Annex 1 to this Order
1. notice of its intention to initiate the procurement procedure under Article 34 of the Act;
2. a notice on the basis of which the time limits for the submission of tenders under Paragraph 54 (4) of the Act will be reduced; or
3. a notice initiating a restricted procedure pursuant to § 58 (2) of the Act or a negotiated procedure with publication pursuant to § 61 (2) of the Act,
(b) national form CZ 02 "Contract notice under the sub-limit regime" listed in Annex 2 to this Order
1. the opening of procurement procedures pursuant to Articles 56 (1), 58 (1), 61 (1), 68 (2) and 72 (1) of the Act; or
2. the opening of a procurement procedure in which a dynamic purchasing system is established pursuant to Section 139 (1) of the Act or a notice of modification of the duration of a dynamic purchasing system pursuant to Section 139 (9) (a) of the Act;
(c) national form CZ 03 "Communication on the outcome of the procurement procedure under the sub-limit regime" set out in Annex 3 to this Order for:
1. the contract award notice pursuant to § 126 of the Act;
2. the notice of cancellation of the procurement procedure pursuant to § 128 (2) of the Act,
3. notification of the introduction of a dynamic purchasing system under Section 139 (8) of the Act or notification of the termination of a dynamic purchasing system under Section 139 (9) (b) of the Act; or
4. Individual or comprehensive notice of the conclusion of a contract under a framework agreement under Section 137 of the Act or in a dynamic purchasing system under Section 142 of the Act.
(2) Where a contracting authority requires the publication of information on a procurement under a sub-limit scheme in the Official Journal of the European Union, it shall use the relevant forms for procurement under an excessive regime provided for in Article 7, as laid down in the directly applicable European Union1).
Forms for publication of information on sectoral procurement
The procuring entity shall use the sectoral procurement to publish information in the Public Procurement Bulletin and the Official Journal of the European Union.
(a) standard form 4 "Regular prior notification - public services" as provided for in the directly applicable European Union1 Regulation) for:
1. notice of its intention to initiate the procurement procedure under Article 34 of the Act;
2. a notification on the basis of which the time limits for the submission of tenders pursuant to § 57 (2) (a), § 59 (4) and § 62 (3) of the Act will be reduced; or
3. a notice initiating a restricted procedure or a negotiated procedure with publication pursuant to Paragraph 164 (1) (a) of the Act;
(b) standard form 5 "Contract notice - Public services" as laid down in the directly applicable European Union1) for:
1. the opening of procurement procedures pursuant to Articles 56 (1), 58 (1), 61 (1), 68 (2) and 72 (1) of the Act; or
2. the opening of a procurement procedure in which a dynamic purchasing system is established pursuant to Section 139 (1) of the Act or a notice of modification of the duration of a dynamic purchasing system pursuant to Section 139 (9) (a) of the Act;
(c) standard form 6 "Contract award notice - public services" provided for in the directly applicable European UnionRegulation (1);
1. the contract award notice pursuant to § 126 of the Act;
2. the notice of cancellation of the procurement procedure pursuant to § 128 (2) of the Act,
3. notification of the introduction of a dynamic purchasing system under Section 139 (8) of the Act or notification of the termination of a dynamic purchasing system under Section 139 (9) (b) of the Act; or
4. an individual or summary notice of the conclusion of a contract under a framework agreement under Section 137 of the Act or in a dynamic purchasing system under Section 142 of the Act;
(d) standard form 7 "Qualification system - Public services" as adapted in the directly applicable European Union1 Regulation)
1. opening of a restricted procedure or a negotiated procedure with publication pursuant to Paragraph 164 (1) (b) of the Act; or
2. the introduction of a qualification system under Section 165 (2) of the Act.
Forms for publication of information on design contests
The procuring entity shall use the design contest to publish information in the Public Procurement Bulletin and the Official Journal of the European Union.
(a) standard form 12 "Notice of initiation of a design contest" as provided for in the directly applicable European Union1 Regulation) for the launch of a design contest pursuant to § 145 (1) or § 146 (1) of the Act,
(b) standard form 13 "Notification of the results of the design contest" as provided for in the directly applicable European Union1 Regulation) for notification of the outcome of the design contest pursuant to Article 150 (1) of the Act.
Forms for publication of information on concessions
The contracting authority shall use the works or service concession for the publication of information in the Public Procurement Bulletin and the Official Journal of the European Union.
(a) standard form 24 "Notice of initiation of the concession procedure" as provided for in the directly applicable European Union1 Regulation) for the initiation of the concession procedure pursuant to Article 180 (1) of the Act;
(b) standard form 25 "Communication of the outcome of the concession procedure" as provided for in the directly applicable European Union1 Regulation) for the notification of the outcome of the concession procedure pursuant to Article 185 of the Act.
Forms for publication of public procurement information under the simplified procedure
A procuring entity shall use the simplified procedure to publish information in the Public Procurement Bulletin and the Official Journal of the European Union.
(a) in the case of a public contract, standard form 21 "Social and other specific services - Public procurement" provided for in the directly applicable European Union1), as follows:
1. prior notice for the notification of its intention to initiate a procurement procedure pursuant to Article 34 of the Law or for a call for expressions of preliminary interest pursuant to Article 129 (3) (a) of the Law,
2. the contract notice pursuant to § 129 (3) (b) of the Law,
3. the contract award notice pursuant to § 129 (10) of the Act,
(b) in the case of a sector contract, standard form 22 "Social and other special services - public services" as laid down in the directly applicable European Union1), as follows:
1. periodic prior notice for the notification of its intention to initiate a procurement procedure pursuant to Article 34 of the Law or for a call for expressions of preliminary interest pursuant to Article 129 (3) (a) of the Law,
2. the qualification system for the introduction of the qualification system under Section 165 (2) of the Act or for the call for application for participation under Section 164 (1) (b) of the Act;
3. the contract notice pursuant to § 129 (3) (b) of the Law,
4. the contract award notice pursuant to Article 129 (10) of the Law,
(c) in the case of a concession, standard form 23 "Social and other specific services - concessions" as laid down in the directly applicable European Union1), as follows:
1. a preliminary notice for the call for expression of preliminary interest pursuant to § 129 (3) (a) of the Act,
2. the award notice pursuant to § 129 (10) of the Law.
Forms for the publication of information on public procurement in the field of defence or security
(1) The contracting authority shall use the defence or security procurement to publish information in the Public Procurement Bulletin and the Official Journal of the European Union.
(a) standard form 16 "Prior Information Notification - Defence and Security" provided for in the directly applicable European Union1 Regulation) for the notification of its intention to initiate a procurement procedure pursuant to § 34 of the Act;
(b) standard form 17 "Contract notice - Defence and Security" provided for in the directly applicable European Union1 Regulation) for the launch of procurement procedures pursuant to Sections 58 (1), 61 (1) and 68 (2) of the Act;
(c) standard form 18 "Contract award notice - defence and security" as provided for in the directly applicable European Union Regulation (1);
1. the contract award notice pursuant to § 126 of the Act;
2. Individual or comprehensive notice of the conclusion of a contract under a framework agreement under Section 137 of the Law.
(2) The selected supplier of a public contract in the field of defence or security shall use standard form 19 "Subcontracting notice - Defence and security ', as provided for in the directly applicable European Union1 Regulation, for the notification of subcontracting pursuant to Section 208 of the Act for the publication of information in the Public Procurement Bulletin and the Official Journal of the European Union. For the dispatch of the form by the selected supplier, the conditions laid down for contracting entities in this decree shall apply mutatis mutandis.
Other forms for the publication of public procurement information
The contracting authority shall use the Public Procurement Bulletin and the Official Journal of the European Union to publish information
(a) standard form 15 "Notice of voluntary ex ante transparency" as provided for in the directly applicable European Union1 Regulation) for notification of the intention to conclude a contract pursuant to Paragraph 212 (2) of the Act;
(b) standard form 20 "Change Notice" as provided for in the directly applicable European Union1) for the notification of a change of commitment pursuant to Paragraph 222 (8) of the Act.
Forms for publication of information relating to the contracting authority's profile
(1) The contracting authority shall use the information in the Public Procurement Bulletin relating to the profile of the contracting authority to make public,
(a) national form CZ 05 "Notification of the contracting entity profile" as set out in Annex 5 to this Order for notification of the contracting entity profile,
(b) the national form CZ 06 "Cancellation / inactivation of the contracting entity's profile" listed in Annex 6 to this Order for the cancellation or inactivation of the contracting entity's profile.
(2) The contracting authority shall ensure that the Internet address of the procuring entity's profile published in the Public Procurement Bulletin refers directly to the website to which the procurement information is disclosed exclusively to that procuring entity.
Compulsory information on forms
The contracting authority shall complete the information referred to in Annex 7 to this Order in the forms; This does not apply where Annex 7 to this Decree shows that the information is not mandatory.
Information and documents published on the contracting authority's profile
(1) The price actually paid for the performance of a contract under Section 219 of the Act must be published on the profile of the contracting authority in the form of structured data in accordance with Annex 8 to this Decree. This is without prejudice to the right of the contracting authority to publish the amount of the price actually paid at the same time as the document in the format referred to in Article 18 (2).
(2) All documents and information which have been published on the contracting authority's profile must be made publicly available free of charge for at least 2 years after publication.
Structure of data published on the contracting entity profile
(1) 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 contracting authority shall use one of the following formats for documents published on the contracting authority's profile:
a) pdf (Portable Document Format),
b) PDF / A (Portable Document Format for the Long-term Archive),
(c) xml (Extensible Markup Language Document) corresponding to a publicly available XSD scheme;
d) fo / zfo (602XML Filter document),
e) html / htm (Hypertext Markup Language Document),
f) odt (Open Document Text),
(g) ods (Open Document Spreadsheet),
h) odp (Open Document Presentation),
(i) txt (plain text),
j) rtf (Rich Text Format),
(k) doc / docx (MS Word Document),
(l) xls / xlsx (MS Excel Spreadsheet),
m) ppt / pptx (MS PowerPoint Presentation),
n) jpg / jpeg / jfif (Joint Photographic Experts Group File Interchange Format),
o) png (Portable Network Graphics),
p) tif / tiff (Tagged Image File Format),
q) gif (Graphics Interchange Format).
(3) A procuring entity may also use a generic format other than that referred to in paragraph 2 for documents published on the profile of the procuring entity with a supported and free available browser of that format.
(4) The procurement documents referred to in Article 96 (1) of the Act, part of it or contract referred to in Article 219 (1) of the Act, which contains several documents in the formats referred to in paragraph 2 or 3, may be published on the profile of the contracting entity as one or more compressed files in the zip, rare or 7z format, without using the password. The compressed file published on the contracting entity profile shall not contain any additional compressed file.
(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 8 to this decree.
Procedure for changing the profile of the contracting entity
Where the contracting authority changes its profile, it shall ensure that:
(a) all information and documents relating to procurement published on the contracting authority's unused profile are transferred to the contracting authority's newly used profile; the unused profile of the contracting authority shall be identified by the contracting authority in the form Cancellation / inactivation of the profile of the contracting authority referred to in Annex 6 to this decree as cancelled and shall be sent to the public procurement Bulletin for publication; 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; a procuring entity shall also ensure that information on contracts initiated after the date of the change of the procuring entity's profile is not disclosed through the unused procuring entity's profile, but on the unused procuring entity's profile, information on the procurement contracts published here will be added, while the unused procuring entity's profile shall indicate in the form of Revocation / inactivation of the procuring entity's profile set out in Annex 6 to this Regulation as inactive and shall send this form to the publication in the Public Procurement Bulletin.
Efficacy
This Decision shall enter into force on 1 October 2016.
Minister:
Ing. Šlechtová v. r.
Příloha č. 1
Annex No 1 to Decree No. 168 / 2016 Coll.
CZ 01 - Pre-contract notice in the sub-limit mode
Příloha č. 2
Annex No 2 to Decree No. 168 / 2016 Coll.
CZ 02 - Contract notice in sublimit mode
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Regulation Information
| Citation | Decree No. 168 / 2016 Coll., on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting entity profile |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2016 |
|---|---|
| Effective from | 01.10.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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