Decree No. 339 / 2010 Coll.
Decree on publication of notices for the purposes of the Public Procurement Act
Valid
Effective from 15.12.2010
Text versions:
15.12.2010
03.12.2010
339
DECLARATION
of 26 November 2010
on the publication of notices for the purposes of the Public Procurement Act
According to Section 159 (3) of Act No. 137 / 2006 Coll., on Public Procurement, as amended by Act No. 179 / 2010 Coll., ("the Act '), the Ministry of Local Development provides for the implementation of Sections 38 (3), 108 and 146 (3) and (6) of the Act:
Subject matter
This decree regulates following the directly applicable European Union1)
(a) access to published notices;
(b) procedures for publication of notices;
(c) the information required to be published in the notices to be published in the public procurement information system (hereinafter referred to as the information system);
(d) forms through which notices are published in the information system.
Publication procedure
All information from the notice received pursuant to Article 5 is published at the website of the information system subsystem operator (hereinafter referred to as "the operator '). 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.
Publication forms
(1) For publication of a notice in the information system, the contracting authority shall use the form provided for in Section 4.
(2) The contracting authority shall use for publication:
(a) a notice of cancellation of the procurement procedure or of a design contest form Repeal of the procurement procedure or of the design contest referred to in Annex 1 thereto;
(b) the summary of the contract award notice under the framework contract form Summary of the contract award notice under the framework contract set out in Annex 2 to this decree;
(c) notification of the contracting authority's profile form Notice of the profile of the contracting entity referred to in Annex 3 to this Decree,
(d) cancellation of the contracting entity's profile form Revocation of the contracting authority's profile as set out in Annex 4 to this Decree.
Types of forms for publication of notices
(1) The contracting authority shall use for publication:
(a) the notification on the contracting authority profile of the notification form on the buyer profile as modified in the directly applicable European Union Regulation (1);
(b) simplified notification form Simplified contract notice under the dynamic purchasing system provided for in the directly applicable European Union Regulation (1);
(c) a notice of a tender for a design form;
(d) the outcome of the design contest form The results of the tender for a given performance as provided for in the directly applicable European Union Regulation (1);
(e) a notice of intent to conclude a contract pursuant to Article 146 (2) of the Act, a notification of voluntary ex ante transparency provided for in the directly applicable European Union Regulation (1).
(2) The contracting authority shall use:
(a) the prior notification form for the prior information notification provided for in the directly applicable European Union Regulation (1);
(b) the contract notice form of the contract notice provided for in the directly applicable European Union Regulation (1);
(c) the contract award notice form provided for in the directly applicable European Union Regulation (1).
(3) The sector contracting authority shall use for publication:
(a) periodic prior notification form Regular prior notification - public services covered by the directly applicable European Union Regulation (1);
(b) the contract notice form Contract notice - Public services provided for in the directly applicable European Union Regulation (1);
(c) the contract award notice form - public services provided for in the directly applicable European Union Regulation (1).
Means of service of the notice
(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,
(c) a data message via a data box in accordance with another legislation2); or
(d) by electronic means:
1. signed by a valid guaranteed electronic signature based on a qualified certificate (3), 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. A notice delivered to the operator in accordance with paragraph 1 (c) and (d) shall also not be published, which is not signed by a valid guaranteed electronic signature based on a qualified certificate and issued to the authorised person or persons of the contracting entity.
Deficiencies of the declaration
(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) An operator shall send to the contracting authority within 3 working days of receipt of the notification that the notice will not be published for the defects referred to in paragraph 1, with due justification. At the same time, the operator shall invite the contracting authority to remedy the defects of the notice.
Modification of data in the published publication
(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.
Compulsory data published
The data to be included in the relevant forms are laid down in European Union4). 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.
Repeal
The following shall be deleted:
1. Decree No. 330 / 2006 Coll., on publishing notices for the purposes of the Public Procurement Act.
2. Decree No. 16 / 2010 Coll., amending Decree No. 330 / 2006 Coll., on the publication of notices for the purposes of the Public Procurement Act.
Efficacy
This Decree shall take effect on 15 December 2010.
Minister:
Ing. Jankovský v. r.
Příloha č. 1
Annex No 1 to Decree No 339 / 2010 Coll.
Form for the notice of cancellation of a procurement procedure or a design contest
Příloha č. 2
Annex No 2 to Decree No 339 / 2010 Coll.
Form for the summary of the contract award notice under the framework contract
Příloha č. 3
Annex No. 3 to Decree No. 339 / 2010 Coll.
Form for notification of the contracting entity's profile
Příloha č. 4
Annex No. 4 to Decree No. 339 / 2010 Coll.
Form for the cancellation of the contracting authority's profile
1) Commission Regulation (EC) No 1564 / 2005 of 7 September 2005 establishing standard forms for the publication of notices in the context of public procurement procedures pursuant to Directives 2004 / 17 / EC and 2004 / 18 / EC of the European Parliament and of the Council, as amended by Commission Regulation (EC) No 1792 / 2006 and Commission Regulation (EC) No 1150 / 2009.
2) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended.
3) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
4) 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.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 339 / 2010 Coll., on publication of notices for the purposes of the Public Procurement Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.12.2010 |
|---|---|
| Effective from | 15.12.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0