Decree No. 240 / 2004 Coll.
Order on the information system on public procurement and methods of evaluation of tenders according to their economic advantages
Valid
Effective from 01.05.2004
240
DECLARATION
of 21 April 2004
on the information system on public procurement and methods for assessing tenders according to their economic advantages
The Ministry of Local Development ("the Ministry ') provides pursuant to § 110 of Act No. 40 / 2004 Coll., on Public Procurement (" the Act') for the implementation of § 29 (4), § 42 (3), § 43 (4), § 44 (4), § 48 (2), § 62 (3), § 63 (3), § 67 (3), § 68 (5), § 72 (4), § 83 (5), § 84 (4) and § 85 (2) of the Act:
Subject matter
This decree regulates
(a) information on the functions of the public procurement information system and information on the central address information system in the field of public procurement;
(b) a model form which the contracting authority is obliged to use for the publication of a prior notice;
(c) the model form which the contracting authority is obliged to use for the contract notice;
(d) the model form which the contracting authority is obliged to use to publish the outcome of the procurement procedure;
(e) the model form of the public procurement information sheet which the contracting authority is obliged to use for the transmission of the public procurement data and information in the case of negotiated procedures without publication;
(f) the model form to be used by the evaluation committee for the preparation of the assessment report and the evaluation of tenders;
(g) a model form which the contracting authority is obliged to use for the publication of a tender for a proposal;
(h) the model form which the contracting authority is obliged to use to publish the results of the design tender;
(i) the model form which the contracting authority is obliged to use to notify the opening of the concession procedure;
(j) the model form which a concessionaire who is not a contracting authority is obliged to use for the notification of the intention to conclude a contract under Article 71f (2) of the Act;
(k) information on the classification of goods, services and works for the purpose of defining the subject matter of the contract;
(l) more detailed details and ways of transmitting data to the central address information system, 1)
(m) methods for evaluating tenders according to the criterion of their economic benefit.
Public procurement information system and central address information system
(1) Public access to the public procurement information system is provided through a public data network at the Ministry's website. Public access to the central address information system is provided through the public data network at the central address administrator's website. The operation of the central address information system shall be governed by the central address operating rules.
(2) The Ministry will establish access to extended public procurement information system functions by identifying the user based on an internal electronic certificate issued by the Ministry.
(3) The functions of the public procurement information system and the central address information system are:
(a) the publication of statutory information and information, namely prior notice, contract notice, tender notice, the outcome of a procurement procedure (including an information sheet) and a design contest, notice of the opening of a concession procedure or notice of the intention to conclude a contract pursuant to Article 71f (2) of the Act, through the central address information system;
(b) the collection and retention of data legally established and the processing thereof for statistical purposes;
(c) the transmission by the Office for Official Publications of the European Communities of statutory information and information on public contracts for publication in the Official Journal of the European Union;
(d) the transmission to the European Commission of statutory information and information on public procurement, through the public procurement information system;
(e) other functions provided by the information system administrator on public procurement.
Form models
(1) For the publication of the pre-notification, the contracting authority shall use the model of the PO form set out in Annex 1 to this Order.
(2) For the publication of a contract notice, the contracting authority shall use the model of the ZV form set out in Annex 2 to this decree.
(3) In order to publish the results of the procurement procedure, the contracting authority shall use the model of the Y form set out in Annex 3 to this Order.
(4) For the transmission of data and information on a public contract to the Ministry through the public procurement information sheet, the contracting authority shall use the model of the IL form set out in Annex 4 to this Order.
(5) For the preparation of the report on the assessment and evaluation of tenders, the evaluation committee shall use the model form "Assessment and Evaluation of Tenders' set out in Annex 5 to this Order.
(6) For the publication of a tender notice, the contracting authority shall use the model form SN as set out in Annex 6 to this decree.
(7) In order to publish the results of the design tender, the contracting authority shall use the model form VS, as set out in Annex 7 to this decree.
(8) For the publication of the concession notice, the contracting authority shall use the model form KR set out in Annex 8 to this decree.
(9) In order to publish a notice of intent to conclude a contract under Paragraph 71f (2) of the Act, a concessionaire who is not a contracting authority shall use the model of the CN form set out in Annex 9 to this Order.
(10) The central address administrator will publish the forms in Annexes 1 to 9 at its website.
Definition of the subject-matter of the contract
In order to define the subject-matter of a contract, the contracting authority shall use the classification of goods, services and works provided for by European Community legislation. (2) In the case of goods listed in Annex 3 to the Act, the contracting authority is obliged to use the Combined Customs and Statistical Nomenclature and the Common Customs Tariff of the Communities (3) In addition, the contracting authority may use the classification of goods, services and works provided for in the Standard Classification of the Production of SKP4) and the classification of construction works of the CZ- CC.5) for the definition of the subject of the contract. A full list of the classification of goods, services and works is given in the public procurement information system.
Filling out the form and sending it to the central address information system
(1) The form may be completed and sent for publication at the central address
(a) in paper form - this form is distributed by selected branches of the central address administrator or is available in electronic form by the administrator in a specified format at the central address administrator's website. The list of branches and form format are given in the central address operating rules. The form shall be completed by the contracting authority in accordance with the instructions given in the operating rules of the central address and sent to the address of the central address administrator,
(b) in electronic form - this form is available in electronic form in the administrator's designated format at the central address administrator's website. The form shall be completed by the contracting authority in accordance with the instructions set out in the operating rules of the central address, signed by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider and sent by electronic mail to the address specified in the operating rules of the central address, or
(c) remote access with direct filling of the form in the central address information system. The output of the form shall be the data signed by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider.
(2) A form completed in accordance with the procedure referred to in paragraph 1 (b) and (c), which was not signed on dispatch by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider, shall be deemed not to have been delivered. The contracting authority shall be informed of this fact by the central address administrator.
(3) The administrator of the central address shall issue confirmation of receipt of the relevant form in accordance with the operating rules of the central address.
(4) In cases where the law provides for an obligation to publish information and public procurement data also in the Official Journal of the European Union, the administrator shall inform the central address of the contracting authority of the date of dispatch of the relevant information and information to the Office for Official Publications of the European Communities.
Disclosure
(1) The date of publication is the date on which the public procurement data and information are made available to the public at the central address.
(2) Where the contracting authority does not specify the date on which the data and information on public contracts are to be published or the required date for the publication of the data and information on public contracts is shorter than the minimum time limit for the processing of the relevant form, the date on which the data and information on public contracts are to be published shall be determined in accordance with the operating rules of the central address.
(3) The contracting authority shall receive a written notice from the central address administrator about the publication of public procurement information. The contracting authority shall also receive an electronic notification of the publication of the information which has been sent pursuant to Article 5 (1) (b) and (c) if it indicates its electronic contact when entering it. This notification shall always include the date of publication of the information and the registration number allocated to the relevant submission.
(4) The central address administrator shall be liable for publication in the information system.
Correction of the information disclosed
The contracting authority shall be entitled to amend the published information in accordance with the operating rules of the central address.
Evaluation of tenders according to the economic advantage criterion
(1) The evaluation of tenders according to the economic advantage criterion is carried out using the scoring method. In the evaluation of tenders, in addition to the sub-criteria set out in the law, other sub-criteria may be used, which the contracting authority shall determine taking into account the nature of the particular contract.
(2) In particular, other sub-criteria for evaluation of tenders may be:
(a) the duration of the work (in the case of public works contracts), the time of delivery (in the case of public supply contracts), the time of execution of the required service (in the case of public service contracts),
(b) contractual arrangements for the quality guarantee of the work, supplies, services provided (in particular the content and scope of the guarantee and the method of providing the guarantee service);
(c) contractual arrangements for hedging and sanction instruments (in particular contractual fines, bank guarantees for non-cash claims);
(d) taking into account environmental practices in the implementation of the work;
(e) the nature and extent of the insurance of the subject matter of the contract.
(3) For the evaluation of tenders, the evaluation committee shall use a scoring scale of 0 to 100. Each individual tender shall be awarded a point value according to the sub-criterion, reflecting the success of the tender in question under the sub-criterion. For quantifiable criteria for which the most appropriate tender has a maximum value for the criterion, such as the duration of the guarantee, the amount of the contractual fine, the tender evaluated shall obtain a point value, which shall be multiplied by 100 and the ratio of the value of the offer to the value of the most appropriate tender. For quantifiable criteria for which the most appropriate tender has a minimum value for the criterion, such as the price of the offer, the duration of execution, the rated offer shall be given a point value, which shall be multiplied by 100 and the ratio of the value of the most appropriate tender to the rated offer. For criteria that cannot be quantified, the evaluation committee shall draw up the order of tenders from the most appropriate to the least appropriate and assign the most appropriate 100 points to the most appropriate bid and shall assign a score to each subsequent bid that expresses the degree of compliance with the sub-criterion in relation to the most appropriate bid.
(4) If the evaluation committee considers the value of a sub-criterion other than the price to be manifestly disproportionate, it shall not use the procedure referred to in paragraph 3 and shall assign 0 points to the tender under that criterion. This procedure shall be justified by the evaluation committee in the assessment report and the evaluation of tenders.
(5) The individual sub-criteria shall be determined by the contracting authority as a percentage according to their importance for the specific procurement procedure, so that their total is 100.
(6) The evaluation according to the scoring method shall be carried out by the evaluation committee by multiplying the individual spot evaluation of tenders according to the sub-criteria by the respective weight of the criterion. On the basis of the sum of the results for the individual tenders, the evaluation committee shall determine the order of success of the individual tenders by establishing as the most successful the tender which has reached the highest value.
Efficacy
This Decree shall take effect on 1 May 2004.
Minister:
JUDr.
Příloha č. 1
Annex No 1 to Decree No 240 / 2004 Coll.
MODEL PREVIOUS NOTIFICATION
Příloha č. 2
Annex No 2 to Decree No 240 / 2004 Coll.
MODEL NOTIFICATION
Příloha č. 3
Annex 3 to Decree No 240 / 2004 Coll.
MODEL RESULT OF THE PROCEEDING PROCEDURE
Příloha č. 4
Annex No 4 to Decree No 240 / 2004 Coll.
MODEL INFORMATION SHEET OF THE PUBLIC CONTRACT
Příloha č. 5
Annex No 5 to Decree No 240 / 2004 Coll.
ASSESSMENT AND ASSESSMENT REPORT OF OFFERS
Příloha č. 6
Annex No 6 to Decree No 240 / 2004 Coll.
MODEL DECLARATION OF THE PUBLIC PROPOSAL COMPETITION
Příloha č. 7
Annex No 7 to Decree No 240 / 2004 Coll.
MODEL RESULT OF THE PUBLIC PROPOSAL COMPETITION
Příloha č. 8
Annex No 8 to Decree No 240 / 2004 Coll.
MODEL NOTIFICATION OF INITIATING THE CONCESSION PROCEDURE
Příloha č. 9
Annex 9 to Decree No 240 / 2004 Coll.
MODEL NOTIFICATION
1) Government Decree No. 168 / 2000 Coll., on Central Address.
(2) Regulation (EC) No 2195 / 2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Dictionary (CPV), as amended by Commission Regulation (EC) No 2151 / 2003 of 16 December 2003 amending Regulation (EC) No 2195 / 2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Dictionary (CPV).
3) Council Regulation (EEC) No 2658 / 87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.
4) Communication from the Czech Statistical Office of 5 December 2002 on the introduction of the 2nd edition of the Standard Classification of Production.
5) Communication from the Czech Statistical Office of 9 September 2003 on the introduction of the Classification of Construction Works of CZ- CC.
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Regulation Information
| Citation | Decree No. 240 / 2004 Coll., on information system on public procurement and methods of evaluation of tenders according to their economic advantages |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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