Full text of Act No. 229 / 1996 Coll.
Public Procurement Act (full text as follows from amendments made by Act No. 148 / 1996 Coll.)
Valid
Declared full text
Text versions:
26.08.1996
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 2a
§ 2b
§ 2c
§ 2d
§ 2e
§ 2f
§ 2g
§ 3
ČÁST DRUHÁ
HLAVA I
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
HLAVA II
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 39a
§ 40
§ 41
§ 42
HLAVA III
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
ČÁST TŘETÍ
§ 49
§ 49a
§ 49b
§ 49c
§ 50
ČÁST ČTVRTÁ
HLAVA I
§ 51
§ 52
HLAVA II
§ 53
§ 54
§ 55
§ 56
HLAVA III
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 61
HLAVA IV
§ 62
§ 63
ČÁST PÁTÁ
HLAVA I
§ 64
§ 64a
§ 64b
§ 64c
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
HLAVA II
§ 71
§ 72
Čl. II
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229
_
Announces
the full text of the Act of 28 September 1994 No 199 Coll., on the award of public contracts, as is apparent from the amendments and additions made by the Law of 25 April 1996 No 148 Coll.
THE LAW
on public procurement
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
(1) The law governs
(a) a binding procedure for contracting authorities to conclude contracts for their implementation (hereinafter referred to as "award");
(b) commercial public tender (1) for public contracts and the way in which contracts are concluded to implement them, on the basis of the results of the tender;
(c) the method of monitoring compliance with this law.
(2) This law does not apply to:
(a) providing dedicated financial support for scientific activities or technological developments from the state budget in accordance with specific regulations, 2)
(b) contracts the object of which is the protection of copyright (3) or laws governing industrial or intellectual property rights, 3a)
(c) purchase and sale of goods organised by the State Fund for Market Regulation in Agriculture, 4)
(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.
Terms
For the purposes of this Act:
(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)
(b) by a candidate for a contract, a domestic or foreign person or, where appropriate, more than one of those persons jointly who:
1. Requires procurement or qualification documentation; or
2. proves its qualification in pre-qualification proceedings; or
3. take part in the negotiations at first instance in a two-stage tender; or
4. is invited by the contracting authority to submit a tender in ways other than a commercial public competition to award a contract; or
5. the performance of the contract is considered,
(c) a tenderer for a contract (hereinafter referred to as "tenderer") by a domestic or foreign person or, where appropriate, by several of those persons jointly submitted by:
1. a tender in accordance with the conditions of competition awarded by the contracting authority for the tendering procedure; or
2. a preliminary tender in a two-stage tender; or
3. offer on the basis of a call by the contracting authority in other ways of awarding the contract;
(d) domestic
1. a legal person having its registered office or a natural person residing in the Czech Republic,
2. a legal person with a registered office or natural person residing outside the Czech Republic, authorised to do business in the Czech Republic in accordance with specific regulations, 5)
(e) by a foreign person, a legal person having its registered office and a natural person residing outside the Czech Republic;
(f) a tender for the conclusion of a contract, supported by the documents required in the award of a contract;
(g) the tender price the tenderer proposes for the performance of the contract in his tender;
(h) two-stage competitive tendering where the contracting authority:
1. By announcing the conditions of competition for the first stage, it calls for the submission of preliminary tenders by an uncertain tenderer; and
2. at the second stage, calls for tenders only for tenderers who have fulfilled the conditions of the first stage;
(i) a preliminary tender for the way in which the contract is performed, supported by the documents required by the contracting authority in the conditions of competition in the first instance or in the procurement documents; the draft contract and the tender price are not included in the preliminary tender;
(j) documents relating to the award of a contract, a set of documents the acquisition of which is required by this law and tenders from all tenderers;
(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 for which only a limited number of candidates with a relevant business authorisation may carry out a contract for contracting entities, but not more than seven.
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 procurement negotiations. 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.
Public procurement procedures
(1) In order to conclude a contract, the contracting authority declares a tender for the most appropriate tender, unless otherwise provided for in this law. In a commercial tender, the contracting authority shall proceed under the Commercial Code, unless otherwise provided for in this Law.
(2) The contracting authority is obliged to declare a commercial tender if the amount of the future cash liability of the contract, excluding value added tax, if it is for real estate, excluding rental, or a set of machines or equipment constituting a separate functional unit exceeds CZK 20 000 000, and in other cases CZK 5 000 000.
(3) The conclusion of a contract by a means other than a commercial tender pursuant to paragraph 1 shall be admissible only if the conditions laid down in Part Three of this Act are fulfilled.
COMMERCIAL PUBLIC COMPETITION
CERTAIN PROVISIONS ON COMPETITION CONDITIONS
Announcement of a commercial tender
(1) The procuring entity shall declare the tender, its conditions and, where appropriate, the amendment and cancellation of the tender by publication in the Commercial Bulletin. 6)
(2) Before the publication of a commercial tender referred to in paragraph 1, the conditions of the competition shall not be published otherwise and shall not be disclosed to any person of their content.
Content of the conditions of the competition
(1) The conditions of competition must include:
(a) the definition of performance of the contract;
(b) the time and place of performance of the contract;
(c) requirements for demonstrating the qualification assumptions of tenderers (§ 2b);
(d) how tenders are evaluated (Section 6);
(e) requirements for a uniform way of processing the offer price, including payment terms;
(f) the time limit for competition (§ 7) and the place for opening bid envelopes;
(g) the time limit (§ 8),
(h) the place of submission of tenders and the time during which tenders may be submitted in person (Section 9);
(i) the name, registered office, telephone, telex or fax of the contracting authority, where appropriate;
(j) a notice of the time of the inspection of the place of performance of the contract or of the time when the documents may be consulted, where the examination is envisaged, or where such documentation is not part of the procurement documents;
(k) the requirement to provide a security, including its amount (§ 23).
(2) The contracting authority may define other conditions of competition which it declares at the same time as those laid down in paragraph 1, in particular:
(a) special conditions for the performance of the contract (Section 10);
(b) advantage for domestic persons (§ 11);
(c) restriction of competition to domestic persons;
(d) the address and the time limit within which the detailed procurement documents may be requested, if such documentation is necessary for the processing of the tender (§ 2g) or, where appropriate, the amount of remuneration for its provision, if the payment is required by the contracting authority (§ 64c),
(e) requirements for the demonstration of additional assumptions (§ 2f) or, where appropriate, for pre-qualification procedures (§ 21);
(f) address and deadline for obtaining qualification documentation (§ 2a);
(g) requirements for variant solutions and for the division of contracts for partial transactions.
Method of evaluation of tenders
(1) The evaluation of tenders shall be carried out using one or more criteria, indicating the manner in which the order of the tenders is to be drawn up.
(2) In assessing tenders by means of:
(a) tenders shall be evaluated on the basis of the amount of the offer price,
(b) in addition to the amount of the tender price, the contracting authority shall apply, for example, the following criteria: quality requirements, duration of performance of the contract, qualification of tenderers, quality guarantees, operating and maintenance requirements.
(3) If the contracting authority decides to use multiple criteria for the method of assessment, it shall indicate the different criteria in the conditions of competition in descending order according to the degree of importance it attaches to them.
Competition period
(1) Competition period means the period within which tenders may be submitted. When setting the time limit, account shall be taken of the need to examine the place of execution of the contract or to consult other documents for the processing of the tender. The competition period shall not be less than 36 calendar days.
(2) The competition period shall begin on the day of the publication of the commercial tender in the Trade Journal and end on the day and hour of the opening of the tenders. The conditions of the competition shall be defined by setting the relevant date and time for opening the envelopes with tenders.
Time limit
(1) The time limit is the period for which tenderers are bound by their tenders. The contracting authority shall determine it in the conditions of competition by the number of calendar days.
(2) The tendering period laid down in the terms of the competition shall be extended to all tenderers placed in the first to third order until the conclusion of the contract (§ 40). The procurement period shall not exceed 90 calendar days without extension; its operation shall begin on the day on which the tenders are opened and end on the date of dispatch of the notification of the selection of the most appropriate tender, provided that no objections or proposal to review the decision of the contracting authority are submitted. The procurement period shall be extended by 90 days for contracts in which foreign aid programmes are financially involved under existing international agreements.
Method of submission of tenders
(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.
(2) Tenders must be delivered by the contracting authority before 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.
(3) When assessing tenders by means of several criteria, the contracting authority may provide that the tender is to be divided into separate envelopes. This envelope shall bear the inscription "Tender price," sealed and stamped by the tenderer.
(4) Samples and samples of goods offered must be marked as part of the offer.
Specific conditions for the performance of the contract
Specific conditions for the execution of a public contract are, in particular, requirements for addressing environmental problems, employment and the use of local resources and raw materials in a particular region.
Advantage of certain tenderers in a commercial tender
(1) None of the tenderers may benefit from the commercial tender against the other tenderers with the exceptions referred to in paragraphs 2 and 3.
(2) In the case of a commercial tender with foreign participation (§ 65), the contracting authority may, under the conditions of the competition, provide for an advantage for domestic prices up to a maximum of 10% from the lowest foreign bid price. Where an offer is submitted jointly by a domestic and foreign person, their offer shall be considered as an offer by a foreign person.
(3) Where a national person employing more than 60% of the citizens with altered working capacity is involved in a commercial tender, the tender price submitted to him must be considered to be the lowest if he does not exceed the lowest bid price by more than 20%.
(4) A candidate who employs more than 60% of citizens with altered working capacity must demonstrate this in his tender by confirming the locally competent employment office.
(5) The advantages referred to in paragraphs 2 and 3 shall not be added up.
repealed
repealed
repealed
repealed
repealed
repealed
repealed
repealed
repealed
Pre-qualification procedure
(1) A procuring entity may require, at the time of the publication of a commercial tender, the demonstration of the qualification of 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 competence to perform the contract.
(2) In the qualification documentation, the contracting authority must in particular require the relevant business authorisation and specify the specific method of demonstrating additional assumptions (Section 2f). In addition, the contracting authority shall specify the time limit and place for the submission of the qualification documents and the time limit for the notification of the outcome of the evaluation. The time limit for the notification of the outcome of the pre-qualification procedure shall expire not later than 25 days before the end of the competitive period, except in the case of a two-stage competition where the results of the pre-qualification procedure are communicated to the tenderers in parallel with the results of the assessment of the indicative tenders.
(3) On the basis of the pre-qualification procedure, the contracting authority shall exclude a non-qualified tenderer from further participation in a commercial tender. Only tenderers meeting the qualification requirements shall be entitled to submit tenders.
(4) The results of the pre-qualification procedure shall be notified by the contracting authority within the time limit referred to in paragraph 2 to all tenderers who have provided evidence showing their qualifications.
(5) The documents submitted in the pre-qualification procedure shall no longer be submitted when the tender is submitted.
repealed
Provision of a security
(1) The contracting authority is obliged to require, under the terms of the contract, that tenderers provide a guarantee in order to ensure that their obligations arising from their participation in the contract are fulfilled.
(2) The requirement to provide a guarantee must be applied by the contracting authority in agreement with all tenderers. The amount of the guarantee in absolute amount shall be determined by the contracting authority in the range of 1% to 5% of the future cash liability.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 2a
§ 2b
§ 2c
§ 2d
§ 2e
§ 2f
§ 2g
§ 3
ČÁST DRUHÁ
HLAVA I
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
HLAVA II
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 39a
§ 40
§ 41
§ 42
HLAVA III
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
ČÁST TŘETÍ
§ 49
§ 49a
§ 49b
§ 49c
§ 50
ČÁST ČTVRTÁ
HLAVA I
§ 51
§ 52
HLAVA II
§ 53
§ 54
§ 55
§ 56
HLAVA III
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 61
HLAVA IV
§ 62
§ 63
ČÁST PÁTÁ
HLAVA I
§ 64
§ 64a
§ 64b
§ 64c
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
HLAVA II
§ 71
§ 72
Čl. II
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Regulation Information
| Citation | Full text of Act No. 229 / 1996 Coll., Act on Public Procurement (full text as follows from amendments and additions made by Act No. 148 / 1996 Coll.) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.08.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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