Decree No. 18 / 2014 Coll.
Order setting the terms of the electronic auction procedure
Valid
Effective from 30.01.2014
18
DECLARATION
of 24 January 2014
laying down the conditions for the electronic auction procedure
The Ministry of Local Development ("the Ministry ') provides, pursuant to Section 16a (5) of Act No. 26 / 2000 Coll., on public auctions, as amended by Act No. 396 / 2012 Coll. and Act No. 303 / 2013 Coll., (" the Act'):
Preliminary provisions
This decree regulates the procedures for the implementation of electronic auctions.
Definition of basic terms
For the purposes of this decree:
(a) by an electronic auction system, an internet application enabling electronic auctions to be carried out;
(b) by electronic auction, the acts of an auction participant, auctioneer or auctioneer carried out by means of an electronic auction system;
(c) an identifier of a minor indication which is assigned to an auction participant at random within each electronic auction and serves to distinguish it unambiguously.
Registration of an auction participant
(1) An auction participant shall register with an electronic auction via an electronic auction system. The auctioneer shall, without undue delay upon receipt of this request, send to the auction participant at the address of his e-mail details of the participation in the electronic auction, in particular the basic information on the electronic auction, the method of proving the identity of the auction participant and the method of lodging the auction security, if required.
(2) Only an auction participant who has fulfilled the obligations under the law and this decree and has been included in the list of auction participants may participate in the electronic auction. The auctioneer shall inform the auctioneer of the listing of the auction participants without undue delay to his e-mail address.
auction detail
(1) The auction detail is published at the address of the public data network where the electronic auction takes place.
(2) From the auction details it must be possible to obtain information within the scope of the auction decree, the expert opinion of the auction subject and, where the auction has been abandoned, also the notice of the auction waiver. The auction details also show the time remaining until the start of the electronic auction and the current time. After the start of the electronic auction, the auction details shall show the history of the submissions made, including the designation of the auction participants by means of their identifier, the amount of the price reached and the remaining time during which the submission may be made.
Progress of the electronic auction
(1) The electronic auction shall be opened by a declaration of the opening of the auction, which shall appear in the electronic auction system.
(2) In doing so, the auction participant must be asked by the electronic auction system before sending its submission whether it really wants to make a submission at a level that is displayed by the electronic auction system or entered into the corresponding field in the electronic auction system.
(3) The following calls and declarations shall be displayed before the expiry of the period during which the submission may be increased:
(a) at the time when there are 3 minutes remaining to be served, the invitation "For the first time for an auction participant" shall be displayed to the auction participants (the identification of the auction participant identifier which made the highest submission),
(b) at the time when there are two minutes remaining until the expiry of the period during which the submission can be made, the invitation "Second time for the auction participant" shall be displayed to the auction participants (identification of the identifier of the auction participant that made the highest submission),
(c) at the time when there is a period of one minute remaining to be served, a statement "If one of the auction participants present does not make the submission more than the last time made by the auction participant (indicating the identity of the auction participant who made the highest bid), shall be displayed to the auction participants."
(4) At the end of the period during which the tender may be made, the invitation "Third time for the auction participant (identification of the identifier of the auction participant making the highest submission)" shall be displayed to the auction participants and the receipt of further submissions shall be stopped.
(5) During the electronic auction, the licitator shall check the availability of the address on the public data network where the electronic auction takes place through the service set up. Where, on the basis of the monitoring of the availability of the address in the public data network, a restriction of access to an electronic auction system of more than 1 minute will be demonstrated, the licitator shall be obliged to extend the time during which the submission can be made by at least 1 hour. The licitator shall inform each auction participant of this fact without undue delay to its e-mail address.
(6) If, in the last 5 minutes before the expiry of the time during which the submission may be made, the submission is made by the auction participant, the time for receiving further submissions shall be postponed by 5 minutes from the time of the last submission, including repeatedly. If 5 minutes have elapsed since the last administration without further administration, the intake is stopped. Paragraph 3 shall apply mutatis mutandis.
(7) Without undue delay after the expiry of the period during which the submission may be made, the auctioneer shall grant the auction participant, which has made the highest submission, an electronic auction ending. The auction details will show information on the award of the project, the price achieved by auctioning and the designation of the auctioneer identifier. At the same time, the licitator shall send the auction termination information to each auction participant at his e-mail address.
Record of electronic auction
(1) The auctioneer shall, without delay after the completion of the electronic auction, record the conduct of the electronic auction, containing at least:
(a) an indication of the object of the auction, the auctioneer, the licitator and the auctioneer;
(b) details of the electronic operations carried out by the auction participants and the electronic operations of the auctioneer, including the electronic operations of the licitator;
(c) the time at which the electronic operation or activity is carried out, as determined at one hundredth of a second;
(d) the identifier of the person who carried out the electronic operation or the operation of the electronic auction system, including the identification of his IP (Internet Protocol) address;
(e) a record of the possible error of the electronic act or other activity of the electronic auction system.
(2) All information referred to in paragraph 1 must be protected against unauthorised access, alteration and destruction.
Requirements for electronic auction systems
(1) The electronic auction system must:
(a) ensure all communication between the auction participants and the electronic auction system in a secure (encrypted) way using the HTTPS (Hypertext Transfer Protocol Secure) protocol and the server certificate; the server certificate used must be issued by a trusted and independent certification authority, be valid and correspond to all domain names used by the electronic auction system,
(b) be operated in an environment which allows the recording of incoming requests to an address on the public data network where the electronic auction takes place; the completeness and integrity of this register must be guaranteed by an independent provider of hosting services or, where appropriate, by an Internet supplier who is different from the auctioneer,
(c) ensure adequate protection, in particular against the entry of persons not entitled to do so. Authentication of persons is based at least on the entering of the username and password, which consists of a sequence of at least six characters; the auction participants' access passwords must be stored in an electronic auction system only in coded form using a secure hash algorithm;
d) ensure that accurate time is maintained by regular synchronisation. Time information shall be provided by a source reproducing the world coordinated UTC (Coordinated Universal Time); the synchronisation of the electronic auction system time with the coordinated world time shall be carried out at least once every 24 hours;
(e) process and record all electronic operations with a resolution per hundredth of a second;
(f) to automatically update the auction details in such a way that the auction participants are informed of the changes made, in particular the arrivals made, no later than 10 seconds after their execution;
(g) ensure that the auctioneer or the licitator is not able to carry out electronic acts for the auction participant;
(h) ensure remote access to the staff of the Ministry responsible for control on a similar scale to those of the auction participants without the possibility of actively participating in the electronic auction;
(i) ensure data protection in such a way as to enable them to be stored and backed up so as not to lose or manipulate data;
(j) provide external control of the availability of the address on the public data network where the electronic auction takes place; the inspection shall be carried out by means of a service set up that carries it out from a geographical location other than that of the address on the public data network, at least every minute on a regular basis; it is performed by a provider of this service, which is different from the auctioneer.
(2) The use of an electronic auction system must be made available by standard electronic communication tools. For the use of the electronic auction system, the currently available version of the internet browser must be sufficient without the need to install other special applications, except for the normal extension of the browser such as Java, Flash or Adobe Reader. Information on the minimum configuration of the computer with which an electronic auction can take place shall be provided by the auctioneer in a publicly available part of the electronic auction system.
(3) Documents are published in the electronic auction system in PDF format.
(4) The electronic auction system must not contain such functionalities as to allow the conduct of the electronic auction to be disrupted.
(5) In the publicly available part of the electronic auction system, a user manual shall be provided detailing the important functionality of the system.
(6) The electronic auction system allows continuous remote access to information on end-of-sale electronic auctions to the extent defined in Section 4, at least 1 year after their termination.
Transitional provision
The auctioneer who started the operation of the electronic auction system before the date of entry into force of this decree may complete the electronic auctions announced by 30 April 2014 at the latest in accordance with existing legislation.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Lukl, MPA, v. r.
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Regulation Information
| Citation | Decree No. 18 / 2014 Coll., laying down the terms of the electronic auction procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.2014 |
|---|---|
| Effective from | 30.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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