Decree No. 231 / 2012 Coll.
Order laying down the terms and conditions of trade for works contracts
Valid
Order
Effective from 01.09.2012
Text versions:
01.09.2012
04.07.2012
231
DECLARATION
of 25 June 2012
laying down the terms and conditions of trade for works contracts
The Ministry of Local Development provides pursuant to § 159 (3) of Act No. 137 / 2006 Coll., on Public Procurement, as amended by Act No. 110 / 2007 Coll., Act No. 76 / 2008 Coll., Act No. 417 / 2009 Coll., Act No. 179 / 2010 Coll., Act No. 258 / 2011 Coll. and Act No. 55 / 2012 Coll., to implement § 46d (1) of the Act:
(1) This decree sets out more detailed requirements for the adaptation of the essential elements of the terms and conditions of trade which the contracting authority is obliged to lay down in the procurement documents of public works contracts.
(2) This decree shall apply in the case of public works contracts whose relevant documentation, to the extent provided for by other legislation1 (hereinafter referred to as the "relevant documentation '), is provided by the contracting authority for the details of the award of the construction with an inventory of works, supplies and services with a notice of notice (hereinafter referred to as the" list of works').
(3) The contracting authority may also lay down other terms and conditions which are not regulated by this Order but always proportionate to the subject matter of the implementation and conditions of this Order. In that case, it shall justify the setting of terms and conditions of trade, taking into account its needs. This justification is part of the justification of the public contract under Section 156 of the Public Procurement Act.
For the purposes of this decree, the contractor shall be the contractor after the conclusion of the contract for performance of the contract.
Definition of time limits
The trading conditions shall always be defined by:
(a) the time at which the site is transferred and taken over;
(b) the time of commencement of the works;
(c) the time limit for completion of the works;
(d) the time limit for the handover and takeover of the work;
(e) the beginning of the guarantee period.
Transmission and takeover
(1) The terms of trade shall include arrangements for the transmission and receipt of the relevant documentation.
(2) The terms and conditions of trade provide for the transmission and take-over of the work.
The marketing conditions shall specify:
(a) the conditions for changing the subcontractor by which the contractor has demonstrated qualifications in the procurement procedure;
(b) the way in which performance is ensured;
(c) the conditions for the transfer and taking over of the site;
(d) the method of securing the construction site equipment and the time limit for removing the construction site equipment and clearing the site after transmission and taking over of the work;
(e) the principles of inspection by the contractor of the work carried out, the organisation of the control days and the procedure for the control of the structures to be covered by the next procedure;
(f) the duration of the guarantee period.
Efficacy
This Decree shall take effect on 1 September 2012.
Minister:
Ing. Jankovský v. r.
1) Decree No. 230 / 2012 Coll., laying down the details of the definition of the subject matter of the public works contract and the scope of the inventory of works, supplies and services with a notice of notice.
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Regulation Information
| Citation | Decree No 231 / 2012 Coll., laying down the terms and conditions of trade for works contracts |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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