Act No. 28 / 2000 Coll.
Act amending Act No. 199 / 1994 Coll., on Public Procurement, as amended
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Effective from 01.06.2000
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28
THE LAW
of 18 January 2000
amending Act No. 199 / 1994 Coll., on Public Procurement, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll. and Act No. 93 / 1998 Coll., is amended as follows:
1. in Paragraph 1 (2), points (b), including footnotes 3 and 3a, shall be deleted;
Points (c) to (l) shall be renumbered (b) to (h) and (k) and (l) shall be renumbered (i) and (j).
2. in Paragraph 1 (2) (c):
"(c) purchase of art historical or collection items carried out at public auctions in accordance with special regulations and purchase of library funds as a whole, 4b)."
3. in Paragraph 1 (2) (d):
"(d) the performance of a contract to be awarded in its entirety by a legal person set up for that purpose by the contracting ministry, other administrative authority or local authorities, or by a total of themselves;"
4. in Paragraph 1 (2) (e), including footnote 4c, the following shall be added:
"(e) public service obligations and other similar obligations involving public funds;
4c) For example, § 19 of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll., § 47 of Act No. 367 / 1990 Coll., on Municipality (municipal establishment), as amended by Act No. 302 / 1992 Coll., § 5 of Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and on certain other measures related thereto, as amended, § 5 of Act No. 160 / 1992 Coll., on Health Care in Non-State Health Institutions, as amended by Act No. 161 / 1993 Coll., Section 10 of Act No. 222 / 1994 Coll., on the Conditions of Business and the Performance of State Administration in Energy Industries and on State Energy Inspection. '
5. In Article 1, at the end of paragraph 2, the dot is replaced by a comma and the following points (k) to (t) are added:
"(k) purchases of assets and services of a strategic character approved by the Government of the Czech Republic, related to the integration and membership of the Czech Republic in the North Atlantic Alliance,
(l) contracts relating to the provision of foreign development and humanitarian assistance by the Government of the Czech Republic in cases of default risk;
(m) contracts for goods and services the State of which is the supplier of which is the Czech Prison Service,
(n) the purchase of prices for which the selection at their value cannot be made by specific legislation or decision of the price authority;
o) the acquisition of an expert or State Institute for the purpose of legal proceedings or administrative proceedings, 4e)
(p) contracts for the settlement of foreign claims registered in the state financial assets of the Czech Republic and resulting from decisions of the public authorities in respect of loans granted, loans, financial deposits or in the execution of mutual settlement relations, unless the government decides otherwise,
(r) contracts for the purchase of water where the contracting authorities are manufacturers, transporters or distributors of drinking water;
(s) contracts for the purchase of energy or fuels for the production of energy, where the contracting entities are producers, transporters or distributors of electricity or heat, gas transporters or distributors or companies performing exploration or extraction of oil, gas, coal or other fuels;
(t) contracts governed by other procedural rules and awarded on the basis of specific procedures of international organisations.
4e) For example, Sections 105 and 110 of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), § 127 of Act No. 99 / 1963 Coll., Civil Code, § 36 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Order). '
6. In Section 2, the introductory part of the sentence and point (a) read:
"For the purposes of this Act:
(a) a contract of sale concluded between the contracting authority and the successful tenderer whose object is the supply, execution of works or provision of services, ';
7. in Article 2, the following point (b) is inserted after point (a), including footnote 4f:
"(b) by the contracting authority:
1. the Ministry, another administrative office, a local authority, in the case of the statutory cities and capital cities of Prague, also the municipal district and the municipal part, 4c) and the budget and contribution organizations established by them, the Government of the Czech Republic, the Supreme Audit Office, courts, prosecutors, state funds, the National Property Fund of the Czech Republic, the Land Fund of the Czech Republic, the Czech Railways, as well as the legal persons established by a special law, which, in accordance with the budgetary rules, manages state budget, state funds, contributions from international organisations, budgets of regional authorities or budgets of local authorities,
2. the producer, transporter or distributor of drinking water, electricity, gas or heat supplied to public networks, the public transport network operator and the public service provider in the field of rail, tramway, trolleybus or bus transport and cableway transport, the public telecommunications network operator or the telecommunications service operator, the sewage network operator and the waste water treatment plant, where it provides services to the public;
(3) a company surveying or extracting oil, gas, coal or other fuels;
4. airport and port operator,
5. health insurance, 4f); or
6. a legal or natural person who, in order to cover a contract which is a public contract as referred to in point (a), uses the means of the State budget, State funds, contributions from international organisations, budgets of district offices or budgets of local authorities;
4f) Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended. Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended. '
Points (b) to (l) shall be renumbered (c) to (m).
8. In Section 2 (c) (2), the words "demonstrate his qualification in pre-qualification proceedings' are replaced by the words" participate in pre-qualification proceedings (Section 21) '.
9. In Article 2, at the end of point (m), the dot is replaced by a comma and the following points (n) and (o) are added:
"(n) the central address of the place where the information specified by this law is published in the publicly available information system (Internet),
(o) by the administrator of the central address, the person organising, in return for payment, the publication of the information provided by this law or the information provided voluntarily by the contracting authority. ';
10. in Article 2a (2), the following point (a) is inserted:
"(a) in pre-qualification proceedings (§ 21),"
In point (a), the heading "21 'is deleted and points (a) to (c) are renumbered as points (b) to (d).
11. in § 2a (2) (c), "§ 38 (4)" is replaced by "§ 38 (4) and § 49";
12. In Article 2a, the following paragraph 5 is added:
"(5) In the case of tenders anticipating the performance of a contract with the assistance of other persons, the tenderer making the tender shall demonstrate compliance with the qualification criteria if his business authorisation covers the full scope of the contract. Otherwise, these other persons demonstrate that the qualifying condition under Paragraph 2b (1) (a) has been fulfilled. '
13. in § 2b (1) (f), the words "insurance against public health insurance, 5f) on social security insurance or on the contribution to state employment policy. 5g) 'is replaced by' insurance premiums and periodic penalty payments for public health insurance 5f) or insurance premiums and social security periodic payments and contributions to state employment policy. 5g) '.
14. in Article 2b (1), the following point shall be inserted after point (f):
"(g) which is not excluded from participation in public procurement pursuant to § 63."
15. in Paragraph 2b, the following sentence shall be added at the end of paragraph 2, including footnotes 5h) and 5i): "For the organisational units of the enterprise (5h) incorporated in the commercial register, compliance with that condition shall also apply to the head of the organisational unit of the enterprise (5i) submitting the tender.
5h) § 7 paragraphs 1 and 2 of Act No. 513 / 1991 Coll., Commercial Code.
5i) § 13 (3) of Act No. 513 / 1991 Coll. '
16. in Article 2b, paragraph 3 is added, including footnote (5j):
"(3) The conditions referred to in paragraph 1 (d) and (e) shall also apply to the responsible representative of the tenderer established under a specific legislation. 5j)
5j) § 11 of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act). '.
17. in Article 2c (1), the words "to points (b) to (f)" shall be replaced by the words "to meet the qualification criteria referred to in Article 2b (1) (b), (c), (d), (e) and (f)";
18. in § 2c (2) (a), the words "under § 2b (1) (b)" shall be replaced by "under § 2b (1) (a)";
19. The following Section 2g is inserted after Section 2f, including the title:
Variant solution
The variant solution in the tender shall be admissible unless otherwise specified by the contracting authority. ';
Paragraph 2g is renumbered § 2h.
20. in Article 2h (1), the words "are in particular" shall be replaced by the words "must be" and the following sentence shall be added after the third sentence: "A clear definition of the quantity and type of work, supplies or services required must also be included in the procurement documents."
21. in Paragraph 2h, the following paragraph 3 is added:
"(3) The procurement documents for public works contracts shall be set out in the scope of the project documentation necessary for the construction procedure, extended by a statement of the premises, a list of works and supplies with a detailed description of the required standards, which clearly define the items used. ';
22. in Paragraph 3 (2):
"(2) Contracting entities referred to in Article 2 (b) (1), (5) and (6) are required to declare a commercial tender if the amount of the future liability of the contract excluding VAT, if it is for real estate, except rental, or a set of machines or equipment constituting a separate functional unit exceeds CZK 20 million and in other cases CZK 5 million."
23. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) Contracting entities referred to in § 2 (b) (2), (3) and (4) are required to declare a commercial tender if the amount of the future liability from the contract excluding VAT, if the property, with the exception of rental, or a set of machines or equipment constituting a separate functional unit exceeds CZK 50 million and in other cases:
(a) 18 million CZK, if it is the operator of telecommunications networks and telecommunications service providers,
(b) 12 million CZK, if they are other entities referred to in § 2 (b) (2), (3) and (4). "
Paragraph 3 shall become paragraph 4.
24. in Paragraph 4 (1):
"(1) The contracting authority shall declare the tender, its conditions and, where appropriate, the amendment and cancellation of the tender by publication in the Commercial Journal6) and at the central address."
25. in Article 5, the dot is replaced by a comma at the end of paragraph 1 and the following point (l) is added:
"(l) the conditions under which the amount of the offer price may be exceeded."
26. in Article 5 (2) (d), the word 'detailed' shall be deleted and the words' 2g 'shall be replaced by' 2h ';
27. in Article 5 (2), in point (g), the words "the variant solution" shall be deleted;
28. In Article 5, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) minimum requirements for possible variant solutions or exclusion of alternative solutions;
(i) the conditions for the execution of a contract linked to compensating transactions, if applicable, for contracts for defence and security purposes. ';
29. In Article 5, the following paragraph 3 is added:
"(3) If the contracting authority decides to assess the economic suitability of the tenders (Section 6), it shall specify the individual criteria in the conditions of competition. It shall do so in descending order according to the degree of importance it attaches to them. '
30.
Method of evaluation of tenders
(1) The evaluation of tenders shall be carried out according to the amount of the bid price or the economic suitability of the tenders in accordance with the criteria laid down in the conditions of competition.
(2) In assessing the economic suitability of the tender, the contracting authority shall take into account in particular the nature of the contract:
(a) the time of performance of the contract;
(b) the technical, quality, aesthetic and functional characteristics of the contract;
(c) operating costs and maintenance requirements;
(d) ecological parameters, in particular the choice of the best available technology and measures to gradually reduce emissions, (7) the level of loading of land, (8) the prevention of pollution or environmental damage, (9)
(e) the amount of the offer price;
(f) the value of the compensating transaction for contracts for which such a condition has been established [Paragraph 5 (2) (i)].
(3) The contracting authority shall take into account all variants submitted by the tenderer, unless the contracting authority has excluded the possibility of a variant solution.
7) Paragraph 6 (5) of Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act), as amended.
8) § 11 of Act No. 17 / 1992 Coll., on the Environment.
9) Paragraph 17 (1) of Act No. 17 / 1992 Coll. '.
31. in Paragraph 9 (1):
"(1) Tenders shall be submitted in writing in person or by registered mail, in closed envelopes marked with the name of the contract and bearing the stamp or signature of the tenderer, if any, if the natural person or his statutory representative is a legal person. ';
32. in Article 9 (2), the following sentence shall be inserted after the first sentence: "The contracting authority shall not open the tenders late and shall return them to the tenderer without delay."
33.In Article 9 (3), the words "using multiple criteria" are replaced by the words "according to the economic suitability of the offer."
34. in Article 11 (3) and (4), "60" is replaced by "50."
35. in Article 21 (1) to (4), the word "candidates," the word "tenderers," the word "candidates," the word "candidates," the word "candidates," and the word "tenderers," the word "candidates."
36. in Article 23 (2), "1% to 5%" is replaced by "0,5% to 3%";
37. in Article 24 (b), the words "or, in the special account of the tenderer, to which the contracting authority shall establish an exclusive right of disposal" shall be deleted;
38. In Paragraph 24, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The amount of money corresponding to the amount of the security shall be credited to the account of the contracting authority no later than the day preceding the opening of the envelopes. The bank guarantee shall be submitted in writing to the contracting authority by the end of the competitive period at the latest. ';
39. In Paragraph 25, the following paragraph 7 is inserted after paragraph 6:
"(7) The contracting authority shall release the security, including interest charged by the money institution. ';
Paragraph 7 shall become paragraph 8.
40.
Exercise of the right of guarantee
(1) The security provided, including interest charged by the money institution, is deemed to be the contracting authority in cases where, contrary to this law or to the conditions of competition, the tenderer has cancelled or altered the tender or has failed to fulfil the obligation to conclude a contract within the tendering period or, where appropriate, the extended procurement period.
(2) Where the security does not belong to the contracting authority referred to in paragraph 1, the contracting authority may not be at its disposal with certainty. ';
41. In Paragraph 29, the dot is replaced by a comma at the end of paragraph 2 and the following text is added: "and whether a security has been lodged. No further content of the tender shall be communicated by the panel to the participants. ';
42. Paragraph 29 (3) and (6) are deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
43. In Paragraph 29 (3), "paragraphs 2 and 3" are replaced by "paragraphs 2."
44. In Article 29 (4), the words "or that the tenderer has not complied with the conditions set out in Article 24 (2) 'shall be inserted after the words" complete' and the following sentence shall be added at the end of paragraph 4: "The decision on exclusion shall be notified without delay by the contracting authority to the tenderer concerned. '
45. in Paragraph 30 (1), the words "and 3" and the heading "5" are replaced by the words "4."
46. in Paragraph 31 (1):
"(1) For contracts awarded by the contracting authorities referred to in § 2 (b) (1) where the amount of the future monetary liability, excluding value added tax, exceeds CZK 20 million, at least three persons with the relevant professional competence will be appointed to the Commission. In the case of a higher number of members of the Commission, the number of qualified persons shall be at least 60% of the total number of members of the Commission. ';
47. in Paragraph 31 (2), the words "(a)" shall be replaced by the words "(b)," the heading "50" shall be replaced by the words "200"; the words "in substance" shall be inserted after the words "President of another administrative office"; the words "or the person who is a statutory authority or has the status of statutory authority of the contracting authority" shall be added.
48. in Article 31 (3), the words "(a)" shall be replaced by the words "(b)," "200" shall be replaced by the words "300"; the words "in substance" shall be inserted after the words "President of another administrative office"; the words "or the person who is a statutory authority or has the status of statutory authority of the contracting authority" shall be added.
49. The second sentence of Paragraph 32 (1) reads: "Both the member of the Commission and the alternate shall make a declaration in writing to the contracting authority at the beginning of the first hearing of the Commission."
50. The second sentence of Paragraph 33 (3) reads: "Members of the Commission shall justify their divergent views against the opinion of the majority in the minutes of the hearing."
51.Paragraph 34 (3) reads as follows:
"(3) The Commission may, when assessing and evaluating tenders, correct manifest errors in the tender which do not affect the offer price. ';
52. Paragraph 35 (1) reads as follows:
"(1) After assessing, or excluding, the bids pursuant to § 34 of the Act, the commission shall proceed to evaluate the remaining bids according to the published evaluation method. On the basis of the evaluation, the Commission shall draw up a list of tenders. ';
53. In Paragraph 37 (1) (h), the words "and the justification for the selection of the most appropriate tender" shall be inserted after the words "individual tenders."
54. Paragraph 38 (4) reads:
"(4) The contracting authority shall invite the successful tenderer to submit the documents referred to in Article 2c. If the tenderer fails to comply with this obligation no later than 3 days before the end of the contract period, the contracting authority shall exclude him from the competition and invite another in the order but no more than the third. '
55. § 39a reads:
(1) The contracting authority shall, at the end of the tendering period, return the samples and samples or parts thereof contained in the tender at the latest 14 days after receipt of the application by the contracting authority.
(2) The request for the return of samples shall be notified to the contracting authority no later than 2 months after the end of the tendering period, otherwise the right to return the samples shall cease. ';
56. In Paragraph 40 (2), the words "in the contract 'are replaced by the words" procuring entity at the time of the tender'.
57. In Paragraph 49 (1), the amount "500 000 CZK" is replaced by "1 000 000 CZK" and after the word "cases" the comma is deleted and the following words are added: "and does not exceed the amounts laid down in Paragraph 3 (2) and (3),"
58. In Article 49 (2), in the introductory part of the sentence, the words "Paragraph 3 (2) 'are replaced by the words" Paragraph 49 (1)'; at the end of point (c), the words "and (c) shall be added, unless more than 6 months have elapsed since the end of the competition, 'and in point (d) the words" State secrets' shall be replaced by the words "the protection of classified information '.
59. Paragraph 49 (4) to (15) reads as follows:
"(4) The invitation to tender referred to in paragraph 1 or 2 shall include, as appropriate, the following:
(a) performance of the contract;
(b) requirements for the demonstration of qualification assumptions (§ 2b);
(c) how tenders are evaluated (Section 6),
(d) the period during which the tenderers are bound by their tenders.
(5) The contracting authority may specify in the invitation referred to in paragraph 1 or 2 additional requirements which shall be identical for all candidates; may also provide that it excludes alternative solutions.
(6) The time limit for the submission of tenders may not be less than 14 days. The first day of this period shall be the day following the date of receipt of the invitation by the interested party. In the case of the award of a contract referred to in paragraph 2 (a), the Government may fix a shortened period. Paragraph 9 shall apply mutatis mutandis to the submission of tenders.
(7) The time limit for tenderers to be bound by their tenders and for the contracting authority to decide on the selection of the most appropriate tender shall be no more than 30 calendar days and shall begin to run on the day following the end of the period for the submission of tenders. The tenderer whose tender has been selected as most appropriate shall be extended by a maximum of 30 days.
(8) Paragraph 11 and 36 shall apply mutatis mutandis to the award of a contract by a call under paragraph 1 or 2.
(9) The tender shall be assessed by the contracting authority in accordance with Article 2c and the other requirements set out in the contract or contract documents. Where the tenderer fails to demonstrate one of the qualification assumptions or fails to meet other requirements laid down by the contracting authority, the contracting authority shall exclude him from further participation in the contract. A decision to exclude a tenderer from further participation in a public contract shall be notified without delay by the contracting authority to the relevant tenderer.
(10) The evaluation of tenders shall be carried out by the contracting authority in accordance with the criteria set out in the award procedure referred to in Section 6. The contracting authority shall make an entry for the assessment and evaluation of tenders, indicating the description of the evaluation and the justification for the selection of the most appropriate tender. The decision to select the most appropriate tender shall be notified by the contracting authority to all tenderers within the time limit laid down in paragraph 7 and shall at the same time inform the tenderer of the possibility of objecting.
(11) The contracting authority shall be obliged to conclude a contract with the tenderer who has submitted the most appropriate tender at a time when the tenderer is bound by his tender, provided that he has not made a reservation in the invitation to conclude the contract with any tenderer.
(12) Upon expiry of the period laid down in paragraph 7, the contracting authority shall, at the request of the tenderer, return the samples and samples or parts thereof which were part of his tender, no later than 14 days after the receipt of the application by the contracting authority.
(13) The contracting authority may not call for tenders repeating a range of candidates where such a procedure is not justified by the nature of the contract.
(14) Where the contracting authority requires the provision of a guarantee when the contract is awarded by a call under paragraph 1 or 2, paragraphs 23 to 26 shall apply mutatis mutandis.
(15) The contracting authority shall publish, at the central address, the text of the invitation to tender for contracts carried out under the thresholds set out in Section 49 (1) and for contracts carried out under Section 49 (2) (a), (b) and (c). ';
60. In § 49a (1) and § 49b, the amount "100 000 CZK" is replaced by "500 000 CZK."
61. In Paragraph 49a, the dot is replaced by a comma at the end of paragraph 1 and the following words are added: "if they are no longer available."
62.In Paragraph 49a (3), the first sentence is deleted.
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Regulation Information
| Citation | Act No. 28 / 2000 Coll., amending Act No. 199 / 1994 Coll., on Public Procurement, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.02.2000 |
|---|---|
| Effective from | 01.06.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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