Decree No. 326 / 2006 Coll.
Decree on details of the test procedure for electronic instruments, the details of the application for the test and the amount of the application fee for the test (Decree on the test procedure for electronic instruments)
Valid
Order
Effective from 01.07.2006
Text versions:
01.07.2006
28.06.2006
326
DECLARATION
of 9 June 2006
on details of the test procedure for electronic instruments, the details of the application for the test and the amount of the application fee for the test (Decree on the test procedure for electronic instruments)
The Ministry of Informatics (hereinafter referred to as "the Ministry ') provides, pursuant to § 159 (5) of Act No. 137 / 2006 Coll., on Public Procurement (hereinafter referred to as" the Act'), for the implementation of § 149 (2) of the Act:
Subject matter
This decree regulates
(a) details of the application for the test;
(b) the amount of the fee for applying for the test;
(c) details of the procedure.
Forms of application for the test
(1) The operator's application for the test shall include:
(a) the trading firm or the name of the electronic instrument operator (hereinafter referred to as the "operator"), the identification number or similar figure and the address of the registered office, or any other address for service in the case of a legal person; or
(b) the name and, where applicable, the name and surname, or, where applicable, the addendum distinguishing the person of the entrepreneur or the type of business relating to that person or the type of business operated by him, the identification number and the address registered in the commercial register or other legally regulated register as the place of business, or, where the operator is a natural person who is an entrepreneur,
(c) the business name or name, identification number or similar indication and address of the registered office or, where applicable, another address for service, if the manufacturer of the electronic instrument is a legal person, or the name and surname, or, where applicable, an addendum distinguishing the person of the entrepreneur or the type of business relating to that person or the type of business operated by that person, the identification number and address registered in the commercial register or other legally modified register as the place of business, or any other address for delivery, if the manufacturer of the electronic instrument is a natural person who is an entrepreneur and those persons are not identical to the operator;
(d) the trade description and version of the electronic instrument;
(e) a list of all types and, where appropriate, of operations within one type, procurement procedures or specific procedures provided by the electronic instrument;
(f) data showing that the electronic instrument allows for the conduct of design competition;
(g) electronic acts of a specified type of procurement procedure or which type or several types of procurement procedures are provided by the electronic instrument and which are the subject of an operator's application for a test;
(h) specific procedures in the procurement or design contest, where the electronic instrument allows them, and which are the subject of an application for the test;
(i) a declaration by the operator or the manufacturer of the instrument, where he operates an electronic tool, that he ensures the operation of the instrument in accordance with the requirements laid down by law and regulation for the electronic instrument, specifying the requirements for electronic means, electronic instruments and electronic procurement operations;
(j) proof of payment of the fee.
(2) An application for a test may be made using the form set out in the Annex.
Amount of the fee for applying for the test
(1) In the event that the electronic instrument provides electronic transmission and receipt of tenders and, where appropriate, electronic receipt of requests to participate and proposals in the design competition or electronic auction or dynamic purchasing system, the fee shall be:
a) 10 000 CZK if the electronic tool allows to perform
1. open procedure,
2. restricted proceedings,
3. public consultation procedures;
4. negotiated procedures without publication,
5. competitive dialogue; or
6. Simplified sub-limit management,
(b) 10 000 CZK if the electronic tool allows to carry out specific procedures in the procurement procedure
1. the conclusion and use of a framework contract with one or more tenderers;
2. the introduction and use of a dynamic purchasing system; or
3. use of the electronic auction,
(c) 10 000 CZK in the case where the electronic tool allows for a design contest which is the procedure of the contracting authority for obtaining the design, project or plan;
d) 10 000 CZK if the electronic tool allows to perform only an individual electronic operation.
(2) Where the electronic instrument referred to in paragraph 1 allows multiple types of procurement procedures or special procedures to be carried out, the fee shall be CZK 10 000 for each type of procurement procedure or for each special procedure in the procurement procedure or the design contest that can be carried out by means of the electronic instrument; where the electronic instrument allows more than 5 types of procurement procedures referred to in paragraph 1 (a) to be carried out, or a combination of types, special procedures or design contests exceeding the number of 5, the fee shall be CZK 50 000.
(3) The amount of the fee for electronic instruments which do not provide for electronic transmission and receipt of tenders, or the electronic receipt of requests for participation and proposals in the design competition or electronic auction or dynamic purchasing system is CZK 100.
Details of the test procedure
(1) The contracting authority shall ensure compliance with the requirements of the electronic instrument
(a) an attestation, where the contracting authority is the operator; an operator means a natural or legal person who ensures the operation of an electronic instrument for the purpose of public procurement; or
(b) the use of an electronic tool of another operator having an atest for the purposes of the procurement procedure where the contracting authority is not an operator.
(2) Compliance with the requirements of Section 149 (2) of the Act shall be supported by the operator for the purposes of the test procedure by a documentation which he maintains on the electronic instrument under this Decree (hereinafter referred to as the "electronic instrument documentation ').
(3) In the event that the electronic instrument provides electronic transmission and receipt of tenders, where appropriate, electronic receipt of requests to participate and proposals in the design competition or electronic auction or dynamic purchasing system, the operator shall provide evidence for the needs of the testing procedure
(a) compliance with the requirements of § 149 (6) (c) to (i) of the Act valid for certification (1) of the introduction of a system of information security management in the field of the operation of an electronic tool for compliance with the Czech technical standard CSN BS 7799-2 - Information security management system - Specifications with instructions for use or compliance with another foreign standard, the content of which corresponds to the content of the CSN BS 7799-2, where the operator has obtained certification from an authority other than the Czech Republic;
(b) compliance with the requirements under § 149 (6) (b) of the Act
1. by the calibration sheet of the time meter in accordance with the special legislative provision (2), unless it uses the operating system referred to in point 2 for the measurement of time; or
2. documentation of the time gauge if the operator's operating system is used for time measurement; the documentation illustrates the uncertainty of time measurement and continuity to a source reproducing the world coordinated time documenting time gauges where the way in which synchronisation with the world coordinated time source is carried out is described, even in the event of a transmittance second,
(c) compliance with the requirements laid down in § 149 (6) (a) of the Act by documentation of the electronic instrument, indicating how the requirements set out in § 4 to § 7 of Decree No. 329 / 2006 Coll., laying down further requirements for electronic means, electronic instruments and electronic acts in public procurement;
(d) compliance with the requirements under Section 149 (6) (j) of the Act by documentation of the electronic instrument;
(e) compliance with the requirements for recording pursuant to Section 8 of Decree No. 329 / 2006 Coll., which sets out more detailed requirements for electronic means, electronic instruments and electronic procurement operations, documentation of the electronic instrument, listing the recorded events, how they are acquired and stored.
(4) The Ministry will grant an electronic instrument test if the electronic instrument is found to conform to the requirements imposed on it.
Efficacy
This Decree shall take effect on 1 July 2006.
Minister:
Ing. Bérová v. r.
Annex to Decree No 326 / 2006 Coll.
Model of the application form for the test
A. Operator identification
Legal person
• Business name or name:
• Identification number or similar:
• Address of the registered office or other address for service:
Natural person
• Name and surname, if any:
• Appendix distinguishing the person of the entrepreneur or type of business related to the person or business operated by him:
• Identification number:
• Address registered in a commercial register or other legally regulated register as a place of business or other address for service:
B. Manufacturer's identification information if it is not an instrument operator
Legal person
• Business name or name:
• Identification number or similar:
• Address of the registered office or other address for service:
Natural person
• Name and surname, if any:
• Appendix distinguishing the person of the entrepreneur or type of business related to the person or business operated by him:
• Identification number:
• Address registered in a commercial register or other legally regulated register as a place of business or other address for service:
C. Identification of the electronic instrument
Electronic tool
• Trade description:
• Version:
• List of all types and, where applicable, operations within one type, procurement procedures or specific procurement procedures provided by the electronic instrument:
• Data showing that the electronic tool allows for a design contest:
• List of all types or, where applicable, operations within a single type, procurement procedures, specific procedures in the procurement procedure or design contest provided by the electronic instrument, which are the subject of an application for an aptest by the operator or manufacturer that provides the operation of the instrument:
1) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
2) Act No. 505 / 1990 Coll., on Metrology, as amended.
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Regulation Information
| Citation | Decree No. 326 / 2006 Coll., on details of the test procedure for electronic instruments, the details of the application for the test and the amount of the application fee for the test (Decree on the test procedure for electronic instruments) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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