Decree No. 329 / 2006 Coll.
Order laying down more detailed requirements for electronic means, electronic instruments and electronic procurement operations
Valid
Order
Effective from 01.07.2006
Text versions:
01.07.2006
28.06.2006
329
DECLARATION
of 14 June 2006
laying down detailed requirements for electronic means, electronic instruments and electronic procurement operations
In agreement with the Ministry of Informatics pursuant to § 159 (3) of Act No. 137 / 2006 Coll., on Public Procurement, hereinafter referred to as "the Act":
Subject matter
This decree regulates more detailed requirements concerning electronic means, electronic instruments, electronic procurement operations.
Terms
For the purposes of this decree:
(a) by electronic address, an indication in electronic form which clearly indicates the place (object) on the Internet;
(b) by the Internet address of the contracting authority, the electronic address of the remotely accessible Internet space through which the contracting authority provides information in the procurement procedure;
(c) a public key unique electronic data which clearly correspond to the private key and may serve the supplier to encrypt the content of the offer under this decree;
(d) private key unique electronic data which clearly correspond to the public key and may be used by the contracting authority to disclose the content of the tender under this decree;
(e) by a public key certificate, a data message that links the public key to the contracting authority in a credible manner, serves to transmit the public key and may serve to verify the identity of the contracting authority and its website;
(f) by an electronic act of the action of the person concerned by means of an electronic instrument;
(g) the system state of the state in which the electronic instrument is located at a given time or interval and which corresponds to one of the three possible values:
1. in service;
2. out of service;
3. another state defined by the circuit of possible functional states of the tool.
Electronic procurement operations
(1) In the procurement procedure, the contracting authority shall designate the persons authorised to act electronically in such a procedure, in particular the provision of procurement documents, invitations to participate or to submit tenders and preliminary tenders, the provision of additional information or confirmation of receipt of tenders and preliminary tenders, the opening of tenders and invitations to tender.
(2) Where the contracting authority carries out an electronic act against a particular supplier in the procurement procedure, that act must be accompanied by a valid guaranteed electronic signature based on a qualified certificate (1) of the authorised person of the contracting authority or a valid electronic mark based on a qualified system certificate (1) of the contracting authority under a specific legislation.
(3) Qualified certificates and qualified system certificates used pursuant to paragraph 2 shall include:
(a) the particulars provided for in the specific legislation of m2, except for the possibility of containing the name of the signatory; and
(b) the designation of the authorised person or internet address of the contracting authority.
(4) Verification of the validity of the guaranteed electronic signature or electronic mark is carried out by analogy with the specific legislation (3).
Provision of procurement documents to suppliers
(1) The procurement documents provided by the contracting authority by means of electronic instruments are provided by the contracting authority by means of remote access at its website without prior request, or by the contracting authority upon written request of the supplier.
(2) Where the contracting authority provides the procurement documents by remote access to the contracting authority's website without prior request, it shall ensure that:
(a) each person may satisfy himself or herself of the identity of the contracting authority and, where appropriate, of the operator of the Internet address of the contracting authority in the form of a contract key certificate issued to the contracting authority's website through which it provides the procurement documents;
(b) the procurement documents are protected against unauthorised change; and
(c) the procurement documents have been made available continuously at the contracting authority's website within a specified time limit.
(3) Where the contracting authority provides the procurement documents at the request of the supplier in writing, the contracting authority shall ensure that the procurement documents are:
(a) granted only on the basis of a valid application, the guaranteed electronic signature of which has been successfully verified;
(b) protected against unauthorised modification pursuant to Article 3 (2); and
(c) accompanied by a guaranteed electronic signature based on a qualified certificate (1) of the authorised person of the contracting entity or an electronic mark based on a qualified system certificate (1) of the contracting entity, it has been provided by way of dispatch to the required electronic address of the supplier or by means of individual disclosure of the procurement documents through the contracting entity's website.
(4) The contracting authority shall ensure that the time for the award of the procurement documents is recorded.
Provision of additional information
Paragraph 4 shall apply mutatis mutandis to the provision of additional information on the specifications.
Submission and addition of tenders and preliminary tenders
(1) The contracting authority shall publish in the notice, where appropriate in the invitation, an electronic address for the submission of tenders, preliminary tenders, requests to participate and the submission of auction values (hereinafter referred to as the tender).
(2) The supplier protects submitted offers from unauthorised reading by encryption of their content.
(3) In order to encrypt the content of a tender, the contracting authority shall provide suppliers with a public key certificate via the contracting authority's Internet address or by sending on request.
(4) The contracting authority shall ensure that:
(a) the public key intended to encrypt the content of the tenders clearly corresponds to the private key of the contracting authority; and
(b) it was not possible to forge a public key certificate with reasonable means.
(5) Where the contracting authority determines, in accordance with the law, a time limit for the submission of tenders, it shall ensure that a tender submitted to the address referred to in paragraph 1:
(a) have been further processed in accordance with this Order before the expiry of the time limit and stored unchanged until it has been opened; the contracting authority shall at the same time send to the supplier an electronic notification of its receipt; and
(b) have been declared unacceptable after the expiry of the time limit; in such a case, the contracting authority shall send a notice of that fact to the supplier at his electronic address.
(6) The contracting authority shall record the time at which the tender is submitted in accordance with paragraph 2.
(7) Upon submission of a tender, the contracting authority shall verify the validity of the guaranteed electronic signature (3) of the supplier and record the result of the verification for the tender received. In addition, the record of verification of the validity of the guaranteed electronic signature shall be treated in a similar manner to that of the electronic mailroom identifier in accordance with the specific legislation (3).
Opening of tenders
(1) The contracting authority or persons authorised to open tenders shall ensure that the content of tenders is disclosed using a private key.
(2) The contracting authority shall ensure that:
(a) it was not possible to forge the private key with reasonable means; and
(b) the private key has been protected against unauthorised access.
(3) The contracting authority shall ensure that the disclosure of tenders using a private key is carried out by authorised persons in such a way that:
(a) two or more beneficiaries of the total number of tenders may have been withdrawn,
(b) it was not possible to use the private key to disclose the tenders in any way other than the cooperation of the beneficiaries.
(4) In addition, the contracting authority shall ensure that the electronic instrument does not allow the offer to be disclosed before the deadline set for its opening. Time to uncover the offer is recorded.
(5) The electronic tender, after its opening, reading, assessment or evaluation, must be deposited with the contracting authority only in its encrypted form.
(6) The private key intended to de-disclose tenders shall be ensured by the contracting authority against loss and unauthorised access throughout the period of validity of the corresponding public key certificate.
Acquisition of records on electronic operations
(1) The contracting authority shall carry out the electronic acts provided for in this Decree by means of electronic instruments.
(2) The contracting authority must establish records of the electronic operations carried out and any other activities of the electronic instrument. Such records shall include at least:
(a) identification of the electronic act or other activities of the instrument;
(b) the time at which the operation or operation takes place;
(c) identification of the person who has carried out the electronic operation or started the operation of the instrument;
(d) a record of any non-standard outcome of the action or other activity of the instrument.
(3) In addition to the records referred to in paragraph 2, the contracting authority shall record information on the system status of the electronic instrument and the time synchronisation referred to in paragraph 9.
(4) All data referred to in paragraphs 1 to 3 shall be protected against unauthorised access, alteration and destruction.
Time recording
(1) Where this decree or law requires the recording of the time of an electronic act (hereinafter referred to as time information), the contracting authority shall use time information as a source:
(a) a time gauge which is calibrated according to a special legislature4); or
(b) the time information provided by the contracting authority's operating system must be linked to a source reproducing the world coordinated UTC time, for example, to the national time and frequency etalon or to the Global Positioning System (GPS) receiver.
(2) The contracting authority shall demonstrate compliance with the obligation referred to in paragraph 1 (a) with the calibration listes4) and with the obligations referred to in paragraph 1 (b). (b) a document illustrating the uncertainty with which the time information is linked to UTC time, together with a technical document supporting the way in which it is established.
(3) The contracting authority shall synchronise the time meter or time measured by the operating system referred to in paragraph 1 with the coordinated world time at least once every 24 hours during the procurement procedure.
(4) The synchronisation referred to in paragraph 3 must be ensured by the contracting authority even in the event of a switch-over second.
(5) The time gauge referred to in paragraph 1 (a) must be protected by the contracting authority against unauthorised interference which could alter its technical or metrological characteristics by calibration in accordance with paragraph 1.
Efficacy
This Decree shall take effect on 1 July 2006.
Minister:
Mgr. Martínek v. r.
1) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
2) Sections 12 and 12a of the Electronic Signature Act.
3) Decree No. 496 / 2004 Coll., on Electronic Postage.
4) Act No. 505 / 1990 Coll., on Metrology, as amended.
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Regulation Information
| Citation | Decree No. 329 / 2006 Coll., laying down further requirements for electronic means, electronic instruments and electronic procurement operations |
|---|---|
| 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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