Decree No. 330 / 2006 Coll.
Decree on publication of notices for the purposes of the Public Procurement Act
Valid
Order
Effective from 01.07.2006
330
DECLARATION
of 14 June 2006
on the publication of notices for the purposes of the Public Procurement Act
The Ministry of Local Development provides pursuant to § 159 (4) of Act No. 137 / 2006 Coll., on Public Procurement, hereinafter referred to as "the Act":
This decree regulates
(a) access to published notices;
(b) the types of forms through which notices are published in the Public Procurement Information System (hereinafter referred to as the Information System);
(c) the manner in which notices relating to sub-contracts are published;
(d) the means of delivering the notification to the information system subsystem operator (hereinafter referred to as "the operator"),
(e) the procedure for correcting defects in the declaration;
(f) the procedure for adjusting the data in the published notice;
(g) a list of the data required to be published in the notices to be published in the information system;
(h) a model form for the notice of cancellation of a procurement procedure or a design contest.
All information from the notices received pursuant to Section 5 is published at the operator's website. The published notices and their adaptations pursuant to Article 7 shall be made publicly available free of charge for at least 5 years from their publication.
(1) For the publication of a notice in the information system, the contracting authority shall use the model form referred to in Section 4.
(2) The contracting authority shall use the model for the notice of cancellation of the procurement procedure or of the design contest in the form Repeal of the procurement procedure or design contest set out in the Annex to this decree.
(1) For the publication of the pre-notification, the contracting authority shall use the pre-information notice form provided for in the directly applicable European CommunityRegulation (1).
(2) For the publication of a contract notice, the contracting authority shall use the contract notice form provided for in the directly applicable European Communities Regulation (1).
(3) For the publication of a contract award notice, the contracting authority shall use the contract award notice form provided for in the directly applicable European Communities Regulation (1).
(4) For the publication of the periodic prior notification, the sectoral contracting authority shall use the periodic prior notification form - public services provided for in the directly applicable European Communities1).
(5) For the publication of a contract notice, the sectoral contracting authority shall use the contract notice - public services form provided for in the directly applicable European Communities Regulation (1).
(6) For the publication of the contract award notice, the sectoral contracting authority shall use the contract award form - public services provided for in the directly applicable European Communities Regulation (1).
(7) For the publication of a notice on a procuring entity profile, the procuring entity shall use the notification form on a buyer profile as modified in the directly applicable European Communities1).
(8) For the publication of the simplified notice, the contracting authority shall use the simplified contract notice form under the dynamic purchasing system as provided for in the directly applicable European Communities1).
(9) For the publication of a design notice, the contracting authority shall use the tender notice form for a given performance as provided for in the directly applicable European Communities1).
(10) For the publication of the outcome of the design contest, the sectoral contracting authority shall use the tender results form for a given performance as provided for in the directly applicable European Communities1).
(11) For the publication of a notice of intent to conclude a contract pursuant to Article 146 (2) of the Act, the contracting authority shall use the ex ante voluntary transparency notification form provided for in the directly applicable European Communities1).
(12) For the publication of information on contracts concluded under the framework contract, the contracting authority shall use the contract notice form provided for in the directly applicable regulation of the European Community1).
(1) The contracting authority shall deliver to the operator for publication of the notice or the requirements for modification of the notice pursuant to Article 7:
(a) in paper form,
(b) by fax; or
(c) by electronic means:
1. signed by a valid guaranteed electronic signature based on a qualified certificate (2), by electronic mail; or
2. by means of remote access with direct completion of the notice in the information system; the output after completion of the notice is the data signed by a valid guaranteed electronic signature based on a qualified certificate.
(2) The notice received by the operator in accordance with paragraph 1 (a) or (b), which is not signed by an authorised person or persons of the contracting authority, will not be published. Nor shall a notice delivered to the operator in the manner referred to in paragraph 1 (c), which is not signed by a valid guaranteed electronic signature based on a qualified certificate and issued to an authorised person or persons of the contracting entity, be published.
(1) If the declaration received by the operator does not contain the particulars referred to in Article 5 (2) and the particulars referred to in Article 8, the notice will not be published.
(2) The operator shall send the notification to the contracting authority within 3 working days of the receipt of the notice of the fact that the notice will not be published for the defects referred to in paragraph 1, duly justified. At the same time, the operator shall invite the contracting authority to remedy the defects of the notice.
(1) Where the contracting authority requires, in accordance with Section 147 (8) of the Act, an amendment to the published publication, it shall, mutatis mutandis, act in accordance with Sections 3 and 4 by re-completing the relevant form and amending the data it requires to adapt it.
(2) In the event of the publication of the modified notice, the operator shall also ensure that the original information in the notice indicates its invalidity.
The information to be included in the relevant forms shall be laid down by the European Community3). This shall be without prejudice to the obligation of the contracting authority to publish the data for which the obligation to publish them is legally binding. It is also without prejudice to the possibility of disclosing certain data, where provided for by law or specific legislation.
This Decree shall take effect on 1 July 2006.
Minister:
Mgr. Martínek v. r.
1) Commission Regulation (EC) No 1564 / 2005 of 7 September 2005 laying down standard forms for the publication of notices in the field of public procurement, as amended by Commission Regulation (EC) No 1792 / 2006 and Commission Regulation (EC) No 1150 / 2009.
2) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
3) Annexes XIII, XV A, XV B, XVI to Directive 2004 / 17 / EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, as amended by Commission Directive 2005 / 51 / EC of 7 September 2005 amending Annex XX to Directive 2004 / 17 / EC of the European Parliament and of the Council and Annex VIII to Directive 2004 / 18 / EC of the European Parliament and of the Council on public procurement. Annexes VII A, VII B, VII C, VII D to Directive 2004 / 18 / EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended by Commission Directive 2005 / 51 / EC of 7 September 2005 amending Annex XX to Directive 2004 / 17 / EC of the European Parliament and of the Council and Annex VIII to Directive 2004 / 18 / EC of the European Parliament and of the Council on public procurement.
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Regulation Information
| Citation | Decree No. 330 / 2006 Coll., on the publication of notices for the purposes of the Public Procurement Act |
|---|---|
| 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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