Decree No 345 / 2023 Coll.
Order on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
Valid
Order
Effective from 01.02.2024
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345
DECLARATION
of 27 November 2023
on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile
The Ministry of Local Development provides pursuant to § 212 (9), § 214 (5) and § 219 (4) of Act No. 134 / 2016 Coll., on Public Procurement, as amended by Act No. 166 / 2023 Coll.:
Subject matter
This decree, following the directly applicable regulation of the European Union laying down standard forms for the publication of notices in the field of public prohibition1), provides for:
(a) forms used for the publication of information under the Public Procurement Act for which the form is not intended directly by the applicable European Union law laying down standard forms for the publication of notices in the field of public procures1);
(b) the manner in which forms are completed, including the setting of compulsory particulars;
(c) the conditions for the receipt of forms for publication;
(d) the procedure for adjusting the data in the forms;
(e) access to published forms;
(f) how forms are delivered,
(g) the procedure for correcting defects in published forms and performance defects of the Public Procurement Bulletin operator;
(h) access to published information on the contracting authority's profile;
(i) metadata of data published on the profile of the contracting entity describing the context, content and structure of the information recorded and its management over time;
(j) the procedure for changing the profile of the contracting authority;
(k) the structure of the machine-readable format;
(l) the structure of the data for the publication of the price actually paid for the performance of the contract and the details of the publication of the contract.
Definition of terms
For the purposes of this decree:
(a) in accordance with the procurement procedure:
1. the procurement procedure;
2. the specific procedure; or
3. the procedure used for the award of contracts which the contracting authority is not obliged to award in the procurement procedure;
(b) the procurement procedure for the part of the contract in which one part of the contract is awarded.
Forms for the publication of public procurement information
(1) The contracting authority shall use the same forms for the publication of information on over-limit or under-limit public procurement.
(2) The contracting authority shall apply:
(a) standard form "Planning" for:
1. Notification of its intention to initiate a procurement procedure under Article 34 of the Public Procurement Act,
2. Notice on the basis of which the time limits for the submission of tenders pursuant to Articles 54 (4), 57 (2) (a), 59 (4) and 62 (3) of the Public Procurement Act will be reduced,
(b) standard form "Initiation" for:
1. a prior notice initiating a restricted procedure or a negotiated procedure with publication pursuant to § 58 (2), § 61 (2) or a procedure for the award of a contract under a simplified procedure under § 129a (1) of the Public Procurement Act,
2. notification of the introduction of a qualification system under Section 165 (2) of the Public Procurement Act;
3. the contract notice pursuant to § 56 (1), § 58 (1), § 61 (1), § 68 (2), § 72 (1) or § 129a (1) of the Public Procurement Act,
4. a contract notice setting up a dynamic purchasing system pursuant to Article 139 (1) of the Public Procurement Act or a notice amending the duration of the dynamic purchasing system pursuant to Article 139a (5) (a) of the Public Procurement Act;
5. notice of the opening of a design contest pursuant to § 145 (1) or § 146 (1) of the Public Procurement Act,
6. Notice of initiation of the concession procedure pursuant to Section 180 (1) of the Public Procurement Act,
(c) the standard form "Notice of intent to conclude a contract" for notification of intent to conclude a contract pursuant to Article 212 (2) of the Public Procurement Act;
(d) standard form "Result" for:
1. the contract award notice pursuant to Section 126 of the Public Procurement Act;
2. the notice of cancellation of the procurement procedure pursuant to Article 128 (2) of the Public Procurement Act;
3. notification of the introduction of a dynamic purchasing system pursuant to Article 139 (9) of the Public Procurement Act or notice of termination of a dynamic purchasing system pursuant to Article 139a (5) (b) of the Public Procurement Act;
4. an individual or summary notice of the conclusion of a contract under a framework agreement pursuant to Section 137 of the Public Procurement Act or in a dynamic purchasing system pursuant to Section 142 of the Public Procurement Act;
5. notification of the outcome of the design contest pursuant to Article 150 (1) of the Public Procurement Act;
6. notification of the outcome of the concession procedure pursuant to § 129a (6) and § 185 of the Public Procurement Act,
7. notification of the outcome of the award procedure under the simplified procedure provided for in Section 129a (6) of the Public Procurement Act;
(e) standard form "Change of commitment from a contract" for the notification of a change of commitment from a contract pursuant to Section 222 (8) of the Public Procurement Act.
(3) The selected supplier of a defence or security procurement shall use the standard form "Initiation 'referred to in paragraph 2 (b) for the subcontracting notification provided for in Section 208 of the Public Procurement Act for the publication of information in the Public Procurement Bulletin and the Official Journal of the European Union. For the dispatch of the form by this selected supplier, the conditions laid down for contracting entities in this decree shall apply mutatis mutandis.
Conditions for receipt of the form for publication
(1) The form shall be published if it has been delivered by means of remote access by the direct completion and submission of an electronic form in the Public Procurement Bulletin.
(2) The form delivered pursuant to paragraph 1 shall contain information in accordance with the directly applicable European Union law laying down standard forms for the publication of notices in the field of public prohibition1).
(3) The form cannot be accepted for publication without completing the application under the conditions laid down in the operating rules of the operator of the Public Procurement Bulletin published on the website of the Public Procurement Bulletin.
(4) Where the procurement procedure form has only been published in the Public Procurement Bulletin, the Public Procurement Bulletin operator shall only accept for publication an additional form relating to that procurement procedure if it states that it is to be published only in the Public Procurement Bulletin. Where the form relating to the procurement procedure has been published in the Public Procurement Bulletin and in the Official Journal of the European Union, the Public Procurement Bulletin operator shall only accept for publication an additional form relating to that procurement procedure if it indicates that it is to be published in the Public Procurement Bulletin and in the Official Journal of the European Union.
Method of completing the form in case of framework agreement, dynamic purchasing system and simplified scheme
(1) Where a framework agreement or a dynamic purchasing system has been concluded or a procurement contract has been awarded under a simplified procedure, the contracting authority shall use the "Result 'form in accordance with Article 3 (2) (d) for the contract notice under the framework agreement pursuant to Article 137 of the Public Procurement Act or in the dynamic purchasing system pursuant to Article 142 of the Public Procurement Act or for the contract award notice under the simplified procedure under Article 129a (6) of the Public Procurement Act.
(2) In the case of a summary notice of the conclusion of a contract under a framework agreement under Section 137 (b) of the Public Procurement Act or in a dynamic purchasing system under Section 142 (b) of the Public Procurement Act or in a simplified procedure under Section 129a (6) (b) of the Public Procurement Act, the contracting authority shall proceed to the "Result 'form by providing information for all contracts concluded in the calendar quarter.
Procedure for correcting defects
(1) If the Official Journal of the European Union does not accept, for publication, a form sent through the Public Procurement Bulletin because of non-compliance with mandatory data or of non-compliance with specified formats, the operator of the Public Procurement Bulletin shall send the contracting authority, after having received the information from the Official Journal of the European Union, an indication that the form has not been accepted for publication. At the same time, the Public Procurement Bulletin operator shall invite the contracting authority to remedy the defects of the form.
(2) In the event that a performance defect is detected on the part of the public procurement Bulletin operator preventing the publication of the form or is a defect in the form already published, the public procurement Bulletin operator shall send the contracting authority information on how the defect is removed. The Public Procurement Bulletin operator shall immediately ensure that the defect is remedied at its own expense.
Access to published forms
(1) The operator of the Public Procurement Bulletin shall, at the request of the contracting authority, send the form referred to in the directly applicable European Union law laying down standard forms for the publication of notices in the field of public procurement (1) to the Official Journal of the European Union.
(2) The Public Procurement Bulletin operator shall publish the form in the Public Procurement Bulletin.
(3) The form received pursuant to Article 4 is published in the Public Procurement Bulletin in a manner that allows unrestricted and direct remote access.
(4) The published form and its adaptation pursuant to Article 9 are available for free for at least 5 years from the publication of the last modification.
Forms for publication of information relating to the contracting authority's profile
(1) The contracting authority shall use the form to publish information in the Public Procurement Bulletin concerning the contracting authority's profile
(a) "Notification of the contracting entity's profile" referred to in Annex 1 to this Order for the notification of the contracting entity's profile;
(b) "Cancellation / inactivation of the procuring entity's profile" referred to in Annex 2 to this Order for the cancellation or inactivation of the procuring entity's profile.
(2) The contracting authority shall ensure that the Internet address of the procuring entity's profile published in the Public Procurement Bulletin refers directly to the website to which the procurement information is disclosed exclusively to that procuring entity.
Modification of data in the published form
(1) A procuring entity which requires changes to the form already published in accordance with Section 3 shall proceed by creating a "Correction" form in which it shall provide all information on the changes to the original form in accordance with the rules referred to in Section 4 (2).
(2) The operator of the Public Procurement Bulletin shall ensure that for the amended data published in the "Correction" form referred to in paragraph 1, there is a clear link to the publication in the original form.
(3) In the case of a requirement to modify the data contained in the forms relating to the profile of the contracting entity referred to in Annexes 1 and 2 to this Regulation, where there is no change in the Internet address of the contracting entity profile, the contracting entity shall re-complete the relevant form and amend the data it requires to adapt. In the event of publication of the correction form, the public procurement Bulletin operator shall ensure that the original form is invalidated and shall clearly indicate this on the original form.
Information on forms
(1) The contracting authority shall complete the information in the forms in accordance with the requirements laid down for the completion of the forms and for the Bulletin of Public Procurement pursuant to Article 4 (2).
(2) In the case of access by the contracting authority to the Public Procurement Bulletin by means of a certified electronic instrument, the form may be pre-filled with the information provided for in the section of the public procurement information system used for the transmission of electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act.
Background, content and structure of the information recorded and their management
(1) The information published on the procuring entity's profile in machine-readable format, including the price actually paid under Section 219 of the Public Procurement Act, must be published in the form of structured data according to Annex 3 to this Decree.
(2) The contracting authority shall apply to the procurement documents, the invitations listed in Annex 6 to the Procurement Act, the explanation of the procurement documents, the amendment or addition of the procurement documents, the written report of the contracting authority, the contract concluded on the contract including its amendments and additions or the framework agreement published on the profile of the contracting authority by any of the following formats:
a) PDF, i.e. Portable Document Format,
b) PDF / A, i.e. Portable Document Format for the Long-term Archive,
(c) xml, i.e. Extensible Markup Language Document, corresponding to a publicly available XSD scheme,
(d) odt, i.e. Open Document Text,
(e) ods, i.e. Open Document Spreadsheet,
f) odp, i.e. Open Document Presentation,
g) txt, i.e. simple text,
h) rtf, i.e. Rich Text Format,
(i) doc / docx, i.e. MS Word Document,
j) xls / xlsx, i.e. MS Excel Spreadsheet,
k) ppt / pptx, i.e. MS PowerPoint Presentation,
l) jpg / jpeg / jfif, i.e. Joint Photographic Experts Group File Interchange Format,
m) png, i.e. Portable Network Graphics,
n) tif / tiff, i.e. Tagged Image File Format.
(3) The procuring entity may also use the standard format for documents published on the procuring entity profile for which there is a supported and free available browser.
(4) The procurement documents referred to in Article 96 (1) of the Public Procurement Act, part of it or the contract or framework agreement referred to in Article 219 (1) of the Public Procurement Act, containing several documents in the formats referred to in paragraph 2 or 3, may be published on the profile of the contracting authority as one or more compressed files in zipper, car or 7z format without the use of a password. The compressed file published on the contracting entity profile shall not contain any additional compressed file.
(5) The metadata on published documents must contain the information set out in Annex 3 to this Regulation.
(6) Documents and information which have been published on the contracting authority's profile must be made publicly available free of charge for at least two years from their publication.
Procedure for changing the profile of the contracting entity
Where the contracting authority changes its profile, it shall ensure that:
(a) all information and documents relating to procurement published on the contracting authority's unused profile are transferred to the contracting authority's newly used profile; the unused profile of the contracting authority shall be marked by the contracting authority in the form "Cancellation / inactivation of the profile of the contracting authority 'in accordance with Annex 2 to this decree as cancelled and shall send it to the public procurement Bulletin for publication; or
(b) information on the contracting entity's unused profile, including a direct hyperlink, has been published on the newly used profile of the contracting entity; a procuring entity shall also ensure that information on contracts initiated after the date of the change of the procuring entity's profile is not disclosed through the unused profile of the procuring entity, but shall be added to the unused profile of the procuring entity that is published here, while the unused profile of the procuring entity shall be indicated by the procuring entity in the form "Cancellation / inactivation of the procuring entity's profile 'in accordance with Annex 2 to this decree as inactive and shall be sent to the public procurement Bulletin for publication.
Transitional provision
Until the entry into force of Paragraph 11 (1) and (5), Annex 8 to Decree No. 168 / 2016 Coll., on the publication of forms for the purposes of the Public Procurement Act and the requirements for the profile of the contracting entity shall apply to the content of the published information on the profile of the contracting entity, as effective before the date of entry into force of the decree.
Repeal
Decree No. 168 / 2016 Coll., on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting entity profile, is repealed.
Efficacy
This Decree shall take effect on 1 February 2024, with the exception of Article 11 (1) and (5), which shall take effect on 1 July 2024.
Minister for Local Development:
PhDr. Bartoš, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Decree No 345 / 2023 Coll.
Příloha č. 2
Annex No 2 to Decree No 345 / 2023 Coll.
Příloha č. 3
Annex 3 to Decree No 345 / 2023 Coll.
Scope and technical description of the data structure for the disclosure of basic information on the procurement and the procurement procedure published on the contracting authority's profile
(1) Scope of basic information on the contracting authority's profile:
(a) the profile identifier of the contracting entity, which is the profile registration number in the Public Procurement Bulletin;
(b) the name, business name of the contracting entity or the name and surname;
(c) An ICO of the contracting authority, if assigned.
(2) Scope of public procurement information on the contracting authority's profile:
(a) NIPEZ ID, if assigned; The NIPEZ ID is a single identifier throughout the National Electronic Procurement Infrastructure allocated to the public procurement; the identifier shall provide the electronic tool with part of the public procurement information system used to transmit information in electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act;
(b) an object identifier in an electronic tool to which the identifier is assigned by the operator of a specific electronic public procurement tool;
(c) the name of the contract;
(d) the type of contract;
(e) the procurement procedure;
(f) the subject matter of the contract;
(g) the main CPV contract code,
(h) the contract is divided into lots; the indication is yes or no;
(i) the justification for not dividing an excessive contract into parts; this indication shall be provided where no division has taken place and where this justification is not provided in the procurement documents or in the written report of the contracting authority,
(j) a list of the parts of the contract; where the contract is divided into lots, each part of the contract shall bear the name of the part of the contract.
(3) Scope of information on the dynamic purchasing system on the contracting entity profile:
(a) NIPEZ ID, if assigned; The NIPEZ ID is a single identifier throughout the National Electronic Procurement Infrastructure allocated to the dynamic purchasing system in place; the identifier shall provide the electronic tool with part of the public procurement information system used to transmit information in electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act;
(b) an object identifier in an electronic tool to which the identifier is assigned by the operator of a specific electronic facility for the dynamic purchasing system object, if any,
(c) the date of introduction of the dynamic purchasing system;
(d) the duration of the dynamic purchasing system;
(e) the subject matter of the contracts to be awarded in the dynamic purchasing system;
(f) the main CPV code of the dynamic purchasing system,
(g) the designation of suppliers included in the dynamic purchasing system;
(h) it is a dynamic purchasing system divided into categories; the indication is yes or no;
(i) a list of categories of the dynamic purchasing system; Where a dynamic purchasing system is categorised, the following information shall be provided for each category of dynamic purchasing system:
1. name of category of dynamic purchasing system,
2. subject matter of the dynamic purchasing system category,
3. the main CPV code of the dynamic purchasing system category,
4. the duration of the dynamic purchasing system category;
5. the designation of suppliers that have been classified as a dynamic purchasing system;
(j) the justification for not introducing a dynamic purchasing system; shall be reported if this occurs.
4) Scope of information on the part of the contract on the contracting authority's profile:
(a) NIPEZ ID, if assigned; The NIPEZ ID shall be a single identifier throughout the National Electronic Procurement Infrastructure allocated to part of the procurement; the identifier shall provide the electronic tool with part of the public procurement information system used to transmit information in electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act;
(b) the object identifier in the electronic instrument to which the identifier assigned by the operator of the specific electronic object instrument is the part of the contract;
(c) the name of the part of the contract;
(d) the type of part of the contract;
(e) the arrangements for the part of the contract;
(f) the subject matter of the part of the contract;
(g) the main CPV code of the part of the contract.
(5) The scope of the information on the contracting authority's profile of the procurement procedure, in addition to the design contest, in which several parts of the contract are awarded:
(a) NIPEZ ID, if assigned; The NIPEZ ID is a single identifier throughout the National Electronic Procurement Infrastructure allocated to the procurement procedure; the identifier shall provide the electronic tool with part of the public procurement information system used to transmit information in electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act;
(b) the object identifier in the electronic tool to which the identifier is assigned by the operator of the specific electronic input tool;
(c) the registration number of the procurement procedure in the Public Procurement Bulletin, where the procurement procedure is published in the Public Procurement Bulletin, which corresponds to the registration number of the contract in the Public Procurement Bulletin;
(d) a list of the procurement procedures for the parts of the contract which are merged in the procurement procedure.
(6) The scope of information on the procurement procedure for the part of the contract, in addition to the design contest on the profile of the contracting authority; where the contract is not divided into lots, the procurement procedure shall be treated as if the contract was awarded divided into parts which have only one part:
(a) NIPEZ ID, if assigned; The NIPEZ ID shall be a single identifier throughout the National Electronic Procurement Infrastructure allocated to the procurement procedure for the part of the contract; the identifier shall provide the electronic tool with part of the public procurement information system used to transmit information in electronic communications in public procurement pursuant to Section 224 (1) (c) of the Public Procurement Act;
(b) the object identifier in the electronic instrument to which the identifier is assigned by the operator of a specific electronic procurement tool for the part of the contract;
(c) the registration number of the procurement procedure in the Public Procurement Bulletin, where the procurement procedure is published in the Public Procurement Bulletin, which corresponds to the registration number of the contract in the Public Procurement Bulletin;
(d) the name of the part of the contract awarded in the procurement procedure;
(e) the time limit for the submission of tenders, the indicative tenders or the time limit for the submission of applications for participation;
(f) the state of the procurement procedure for the award of the part of the procurement contract, which receives, in accordance with XML and XSD schemes published on the Public Procurement Information System website, one of the possible values
1. the procurement procedure for the award of a part of the contract is started / terminated, which means that the procurement procedure has been opened, the information on the procurement procedure has been published on the contracting authority's profile, the time limit for the submission of tenders is running or the evaluation of tenders is ongoing,
2. the procurement procedure for the award of part of the contract has been completed / awarded, which means that a contract or framework agreement with the supplier has been concluded, a dynamic purchasing system has been established,
3. the procurement procedure for the award of part of the contract was unsuccessful, which means that the procurement procedure was terminated pursuant to Article 40 (4) of the Public Procurement Act, since the contracting authority did not send a notice of selection of the supplier within the time limit of the contract and that three months had elapsed since the end of the contract period,
4. the procurement procedure for the award of part of the contract has been cancelled, which means that the procurement procedure has been cancelled by the contracting authority or the competition authority;
5. the performance of the contract is terminated in part of the contract, which means that the contracting authority has set the termination of the contract,
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Regulation Information
| Citation | Decree No 345 / 2023 Coll., on the publication of forms for the purposes of the Public Procurement Act and the requirements of the contracting authority's profile |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2023 |
|---|---|
| Effective from | 01.02.2024 |
| Effective until | - |
| Status | Valid |
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Source:
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(CC BY 3.0 CZ)
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