Legislative measure of the Senate No 341 / 2013 Coll.
Legislative measure of the Senate amending Act No. 137 / 2006 Coll., on Public Procurement, as amended, and Act No. 55 / 2012 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended
Valid
Legislative measure of the Senate
Effective from 01.01.2014
341
LEGAL MEASURES OF SENATE
of 10 October 2013
amending Act No. 137 / 2006 Coll., on Public Procurement, as amended, and Act No. 55 / 2012 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended
The Senate has decided on the following legal measure of the Senate:
Amendment to the Public Procurement Act
Act No. 137 / 2006 Coll., on public procurement, as amended by Act No. 110 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 76 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 110 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 417 / 2009 Coll., Act No. 179 / 2010 Coll., Act No. 423 / 2010 Coll., Act No. 1 / 2012 Coll., Act No. 55 / 2012 Coll.
1.
(1) Excessive procurement means a procurement whose estimated value under Paragraph 13, excluding value added tax, will reach at least the financial limit laid down by the implementing legislation for each category of contracting authority, zone and type of procurement, or category of supply or service, where applicable. This implementing legislation also establishes a list of goods procured by the Czech Republic - Ministry of Defence for which a specific financial limit applies and the amount of this limit.
(2) A sub-limit public contract shall mean a public contract, the estimated value of which shall be at least CZK 2 000 000 000 in the case of a public supply or service contract, excluding value added tax, or in the case of a public works contract, at least CZK 6 000 000 without value added tax and shall not reach the financial limit referred to in paragraph 1.
(3) Small-scale public contract means a public contract the expected value of which does not reach CZK 2 000 000 000 in the case of a public supply contract or a public service contract without value added tax or a public works contract of CZK 6 000 000 in the case of a public contract without value added tax. "
2. In Article 17, point (v) is deleted.
The existing points (w) and (x) shall be renumbered (v) and (w).
3. In Section 22 (1) of the introductory part of the provision, the words "paragraph 9 'are replaced by the words" paragraph 8'.
4. In the second sentence of Paragraph 30 (5), "7 'is replaced by" 8'.
5. Paragraph 44 (12), including footnote 60a, is deleted.
6. In Article 48 (1), the words "or from the date of dispatch of the invitation to tender in the restricted procedure or the publication procedure 'shall be inserted after the words" in the simplified sub-limit procedure'.
7. In the second sentence of Paragraph 59 (2), "7 'is replaced by" 8'.
8. In the third sentence of Paragraph 59 (4), the words "must be in 'are replaced by the words" may be in the case of a procedure under this paragraph after'.
9. In the third sentence of Article 69 (5), "paragraph 6 or 7 'is replaced by" paragraph 5 or 6';
10. Paragraph 71 (5) is deleted.
Paragraphs 6 to 12 shall become paragraphs 5 to 11.
11. in Paragraph 71 (6):
"(6) Where the contracting authority receives only one tender within the time limit for the submission of tenders, the envelope shall not be opened; the contracting authority shall inform the tenderer thereof without delay. This shall not apply if the contracting authority:
(a) proceed in accordance with § 22 (3) and (4) or § 23 (4) to (8) and (10),
(b) award contracts under a framework contract or in a dynamic purchasing system; or
(c) proceed in such a way that
1. Cancel the previous procurement procedure with a similar object pursuant to Paragraph 84 (1) (e);
2. identify the previous procurement procedure in the new procurement notice; and
3. in the notice of initiation of the new procurement procedure, it indicated changes to the terms of the contract. ';
12. in Article 71 (9) and in the first sentence of Article 71 (10), "paragraph 9" is replaced by "paragraph 8."
13. in Article 71 (11), "paragraphs 9 to 11" shall be replaced by "paragraphs 8 to 10."
14. in Paragraph 72 (3), "paragraph 10" is replaced by "paragraph 9."
15. in the first sentence of Paragraph 72 (4), "paragraph 8" is replaced by "paragraph 7."
16. in Article 72 (5), "paragraph 9" is replaced by "paragraph 8";
17. in Paragraph 72 (6), "paragraphs 6, 7, 10 to 12" shall be replaced by "paragraphs 5, 6 and 9 to 11";
18. In the second sentence of Paragraph 73 (1), "10 'is replaced by" 9'.
19. Paragraph 74 (5) and (6), including footnote 85, read:
"(5) An authorized architect, an authorized engineer or an authorized technician must be a member of the evaluation committee.
(6) For significant contracts awarded by a contracting authority pursuant to Article 2 (2) (a) and (b), the evaluation committee must have at least 9 members. Where justified by the subject-matter of a contract, at least two thirds of the members of the evaluation committee shall have appropriate expertise in relation to the subject-matter of the contract. The evaluation committee shall be appointed by the Government on a proposal from the
(a) a minister or other person acting externally on behalf of the contracting authority pursuant to Article 2 (2) (a) 54; or
(b) a minister superior to a contracting authority pursuant to Article 2 (2) (b).
85) Act No. 360 / 1992 Coll., as amended. '
20. In Paragraph 74, the following paragraph 7 is inserted after paragraph 6:
"(7) In the evaluation committee referred to in paragraph 6, the Ministry shall propose two members and two alternates from the list of public procurement evaluators (hereinafter referred to as the list of evaluators). The contracting authority shall draw from the proposed persons a member and an alternate. ';
Paragraphs 7 to 9 shall be renumbered paragraphs 8 to 10.
21. in the first sentence of Article 74a (1), the words "public procurement (hereinafter referred to as the list of evaluators)" shall be deleted.
22. in Article 74a (6), the words "keeping the list of evaluators" shall be replaced by the words "entering and keeping the list of evaluators."
23. In Paragraph 76 (2), first sentence, "7 'is replaced by" 8' and in the second sentence, "8 'is replaced by" 9'.
24. In Paragraph 80 (3), the words "subject-matter 'are replaced by the words" subject-matter'.
25. in the second sentence of Paragraph 81 (6), "paragraph 4" is replaced by "paragraph 5."
26. in Paragraph 84 (1) (e), "paragraph 7 (2)" is replaced by "paragraph 6 (a) to (c)";
27. in Paragraph 86 (3) (d), the words "paragraph 1 (e)" shall be deleted;
28. Paragraph 96 (5) is deleted.
29. in Paragraph 97 (1), "9" is replaced by "10."
30. In the first sentence of Paragraph 114 (6), the words "within 7 days' are replaced by the words" within 10 calendar days' and in the second sentence, the words "documentation of a contract or design contest 'are replaced by the words" documentation of a contract or a design contest'.
(31) In Article 114 (7), the words "and the documents relating to a contract or to a tender or to a copy of a contract" shall be inserted after the words "observations" and, where appropriate, a copy of the contract shall be added, and the sentence "However, the time limit for the decision shall not start to run until the deficiencies of the proposal, the deposit referred to in Article 115 and the provision of a guarantee have been rectified where that obligation has been established in accordance with Article 67 (4)."
32. In Section 114, paragraphs 8 and 9 are added, including footnotes 86 and 87:
"(8) Comments on the proposal received, the terms of reference, except for the non-text part of the procurement documents or the design contest, or additional information on the procurement conditions provided by the contracting authority pursuant to Paragraph 49, shall be sent to the Authority only via the data box 86) or as a data message signed by the recognised electronic signature 87).
(9) Parts of the procurement documents or design contexts not referred to in paragraph 8 and the non-text part of the procurement documents or design contests shall be sent to the Office by the contracting authority in paper form, via a data box (86) or as a data message signed by a recognised electronic signature (87).
86) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended.
87) § 2 (b) and (d) of Act No. 227 / 2000 Coll., as amended. '
33. After Paragraph 117a, the following Section 117b is inserted:
Specific provisions on access to the file
Suppliers' offers shall be excluded from access to the file. Where the supplier's offer or part thereof is the basis for a decision, it shall be made as proof in accordance with the administrative rules. ';
34. in Article 120 (1), the word "or" shall be deleted at the end of point (f);
35. In Paragraph 120, the dot at the end of paragraph 1 is replaced by "or 'and the following point (h) is added:
"(h) fails to fulfil any of the obligations under Paragraph 114 (6), (8) or (9)."
36. In Paragraph 120, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) 1 000 000 CZK if it is an administrative offence referred to in paragraph 1 (h)."
37. in Article 147a, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) contracts for the performance of public contracts awarded under a framework contract or in a dynamic purchasing system, the price of which shall not exceed CZK 500,000 without value added tax."
38. In the second sentence of Paragraph 151 (1), "7 'is replaced by" 8'.
39. Paragraph 151a is deleted, including the title.
40. Paragraph 156 (3) reads:
"(3) The contracting authority referred to in Article 2 (2) (a) and (b) shall provide the justification for the contract referred to in paragraph 1 in respect of a significant contract together with the justification for determining the estimated value of the contract for approval by the Government. Government approval is a condition for the opening of a procurement procedure. '
41. in Paragraph 156, the following paragraph 4 is inserted after paragraph 3:
"(4) The Government shall be required to discuss the justification for the contract referred to in paragraph 3 by submitting an opposing expert opinion. The establishment of the statement shall be provided by the Ministry. ';
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
42. In Section 156 (7) of the Introductory Part of the provision, "5 'is replaced by" 6'.
43. In Section 156 (8), "5 'is replaced by" 6';
44. in Article 159 (3), "(x)" is replaced by "(w)" and "Article 96 (5)" is deleted;
45. in Article 159 (3), "§ 156 (8)" is replaced by "§ 156 (9)";
Transitional provisions
1. The award of public contracts, the design competition and the procedure for reviewing the acts of the contracting authority by the Office for the Protection of Competition, initiated before and until the date of entry into force of this statutory measure of the Senate, shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 137 / 2006 Coll., as effective before the date of entry into force of this legal measure of the Senate.
2. In the procedures for reviewing the acts of the contracting authority which began from the date of the entry into force of this legal measure of the Senate and which until that date are not completed and which follow up on the award of public contracts or design contests referred to in point 1, the Act No. 137 / 2006 Coll., as effective before the date of entry into force of this legal measure of the Senate, shall be followed.
Amendment to Act No. 55 / 2012 Coll.
Act No. 55 / 2012 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended, is amended as follows:
1. in Article I, points 9, 61, 113 and 185 are deleted as regards Article 156 (3);
2. in Article III, the words "with the exception of Article I (9), (61), (113) and (185) as regards Section 156 (3), second and third sentences, which shall become effective on 1 January 2014 'are deleted;
EFFECTIVE
This statutory measure of the Senate shall take effect on 1 January 2014, with the exception of the provisions of point 4, 7, 20, 21, 23, 29, 38, 41, 42, 43 and 45 of Part One of Article I, which shall take effect on 1 January 2015.
Str.
Zeman v. r.
Rusnok v. r.
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Regulation Information
| Citation | Legislative measure of Senate No. 341 / 2013 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended, and Act No. 55 / 2012 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended |
|---|---|
| Regulation Type | Legislative measure of the Senate |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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