Act No. 40 / 2015 Coll.
Act amending Act No. 137 / 2006 Coll., on Public Procurement, as amended
Valid
Law
Effective from 06.03.2015
Text versions:
06.03.2015
40
THE LAW
of 10 February 2015
amending Act No. 137 / 2006 Coll., on Public Procurement, as amended
Parliament has decided on this law of the Czech Republic:
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. In Paragraph 22 (1) of the introductory part of the second sentence, "8 'is replaced by" 7'.
2. in Article 23 (7) (a) of the introductory part of the provision, the words "objectively unforeseen" shall be deleted and the words "which the contracting authority acting with due care could not have foreseen" shall be inserted after the word "circumstances."
3. in Paragraph 23 (7) (a) (3), "20" is replaced by "30."
4. In Article 30 (5), the second sentence is replaced by the following: "Paragraphs 74 (7) and 75 (6) of the first sentence shall apply mutatis mutandis to those persons."
5. In Paragraph 59 (2), the second sentence is replaced by the following: "Paragraphs 74 (7) and 75 (6) shall apply mutatis mutandis to members of the Special Commission."
6. In the third sentence of Article 69 (5), the words "or 6 'are deleted.
7. Paragraph 71 (6) is deleted.
Paragraphs 7 to 11 shall be renumbered paragraphs 6 to 10.
8. In Article 71 (8) and in the first sentence of Article 71 (9), "8 'is replaced by" 7' after "paragraphs'.
9. In Paragraph 71 (10), "8 to 10 'is replaced by" 7 to 9';
10. In Paragraph 72 (3), "9 'is replaced by" 8';
11. in the first sentence of Paragraph 72 (4), "7" is replaced by "6."
12. in Paragraph 72 (5), "8" is replaced by "7."
13. in Paragraph 72 (6), "5, 6 and 9 to 11" shall be replaced by "5 and 8 to 10."
14. In the second sentence of Paragraph 73 (1), "9 'is replaced by" 8'.
15.
Composition of the evaluation committee
(1) For the assessment and evaluation of tenders in an open procedure, a restricted procedure, a competitive dialogue and a simplified sub-limit procedure, and for the preliminary evaluation of tenders in a negotiated procedure with publication, the contracting authority shall appoint an evaluation committee. Where the evaluation committee acts in relation to suppliers under this law, it shall act on behalf of the contracting authority.
(2) The obligation of the contracting authority to appoint an evaluation committee referred to in paragraph 1 shall not apply to the award of contracts in a dynamic purchasing system under Paragraph 95. In that case, the evaluation shall be carried out by means of an automatic assessment method by the contracting authority.
(3) The evaluation committee must have at least five members. Where justified by the subject-matter of a contract, the evaluation committee shall have at least one third of the members with appropriate expertise in relation to the subject-matter of the contract.
(4) A representative of the contracting authority shall always be a member of the evaluation committee. At the same time as the appointment of the members of the evaluation committee, the contracting authority shall appoint an alternate for each member of the evaluation committee. The provisions of this Act applicable to a member of the evaluation committee shall apply mutatis mutandis to his alternate.
(5) An authorised architect, an authorised 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).
(7) The members of the evaluation committee may not, in relation to the public contract and to the tenderers, be taken into consideration, in particular not to participate in the processing of the tender, in the light of the outcome of the procurement procedure they may not have a personal advantage or harm, shall not have a personal interest in the award of the contract and shall not be associated with the tenderers with a personal, professional or other similar relationship. The member of the evaluation committee shall make a written declaration to the contracting authority at the beginning of the first meeting of the evaluation committee or at the beginning of the meeting at which he is first present on the evaluation committee. For this purpose, the contracting authority shall communicate to the member of the evaluation committee before the first meeting the identification details of the tenderers who submitted the tenders.
(8) If there is a reason to be prejudiced by a member of the evaluation committee in the course of its activities, he shall notify the contracting authority without delay. In such cases, the contracting authority shall exclude a member of the evaluation committee from further participation in the evaluation committee. Where a contracting authority is in doubt about the unbiased nature of a member of the evaluation committee, it shall act mutatis mutandis. In such a case, the chairman of the evaluation committee shall invite the chairman of the evaluation committee to act as the excluded member of his alternate.
(9) The contracting authority which award the contract under the framework contract and the sectoral contracting authority are not obliged to appoint an evaluation committee and all rights and obligations relating to the assessment and evaluation of tenders are to be exercised by the contracting authority. "
16. Article 74a shall be deleted, including the title and footnote 81.
17. in Paragraph 76 (2):
"(2) The evaluation committee may use invited advisers who may not be considered by tenderers in relation to the public procurement; The invited consultant is obliged to make a statement in accordance with § 74 (7). Paragraphs 74 (8) and 75 (6) shall apply mutatis mutandis. '
18. In Paragraph 77 (1), the first sentence is replaced by the following: "In assessing tenders from the point of view of meeting the specifications and, in the case of the use of an electronic auction, the evaluation committee shall also assess the amount of the tenders in relation to the subject matter of the contract."
19. In the third sentence of Paragraph 78 (4), the words "and people with difficult access to the labour market 'shall be inserted after the word" disabled', and the sentence "The organisation, qualifications and experience of persons involved in the execution of a public contract, if they have a significant impact on its performance, may also be inserted after the third sentence of Article 78 (4) '.
20. in Article 84 (1), the word "or" shall be added at the end of point (c).
21. in Article 84 (1), the word "or" shall be replaced by a dot and point (e) shall be deleted at the end of point (d);
22. in Paragraph 97 (1):
"(1) Before the start of the electronic auction, the evaluation committee shall be required and, where the evaluation committee is not set up in accordance with Paragraph 74 (9), then the contracting authority shall carry out an assessment and evaluation of tenders and a report on the assessment and evaluation of tenders in accordance with Paragraph 80 (hereinafter referred to as" preliminary evaluation ').';
23. In Article 97, the following paragraph 11 is added:
"(11) On completion of the electronic auction, the evaluation committee shall assess the bidding prices in accordance with Section 77. ';
24. In Paragraph 114 (3), after the first sentence, the sentence "The applicant is obliged to add written evidence to the proposal in electronic form which he has proposed to carry out if it is not part of the public procurement documents. '
25. In Paragraph 114 (7), the second sentence shall be replaced by the sentence "However, the time limit for the decision shall not start to run before the general procedural requirements have been supplemented, the designation of the contracting authority in the proposal and the indication in the proposal of what the appellant seeks."
26. Paragraph 114 (8), including footnotes 86 and 87, reads as follows:
"(8) The application, observations on the proposal received, the further submissions of the parties, the terms of reference, except for the non-text part of the procurement documents or the design contest, and, where appropriate, additional information on the procurement conditions provided by the contracting authority pursuant to Paragraph 49, shall be sent to the Authority exclusively by means of 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. '
27. in Paragraph 114, paragraphs 10 and 11 are added:
"(10) The elements of the proposal referred to in paragraph 3, first and second sentences, may not be amended or supplemented retrospectively; The Office shall disregard such amendments and additions. The Authority shall take into account the new elements mentioned in the application against those contained in the objections submitted by the contracting authorities only if it concerns such facts as the appellant could no longer claim against the contracting authority; the appellant is obliged to prove that these are new facts which he could no longer claim against the contracting authority.
(11) In the proceedings initiated on a proposal, the parties may propose evidence, state facts and make other proposals no later than 15 calendar days after the date of receipt of the notice of initiation, if the restriction referred to in paragraph 10 does not apply to them; the Office shall not take into account the later mentioned facts, evidence proposals and other proposals, except in the case of facts, evidence proposals and other proposals to call into question the credibility of the documents for the decision. The conditions for the application of the draft evidence, the new facts and other proposals referred to in the first sentence shall be communicated to the parties, with the exception of the appellant, in the notice of initiation. ';
28. Paragraph 115 (1) reads as follows:
"(1) With the submission of the application, the applicant is obliged to deposit 1% of the applicant's bid price on the Office's account for the entire duration of the contract or for the first four years of performance in the case of contracts for an indefinite period, but not less than CZK 50 000, not more than CZK 10 000 000. In case the applicant cannot set the total bid price, he is obliged to deposit a deposit of CZK 100,000. In the case of a proposal to impose a ban on the performance of a contract, the applicant is obliged to deposit a deposit of CZK 200,000. The Authority shall publish the banking link at its website. ';
29. In Paragraph 115, the following paragraph 3 is inserted after paragraph 2:
"(3) The Office shall return the deposit reduced by 20% if the applicant has withdrawn his application before a decision on the substance is taken; This shall be without prejudice to paragraph 2 (b). ';
Paragraph 3 shall become paragraph 4.
30. In the first sentence of Article 115 (4), the words "and 3 'shall be inserted after the words" paragraph 2'.
31. in Paragraph 115, the following paragraph 5 is added:
"(5) Bail shall be credited to the Office's account no later than the last day of the period laid down in accordance with Paragraph 114 (4) or (5) for service of the Office's proposal. ';
32. in Article 117a (a) and (b):
"(a) the application does not contain the general procedural requirements (64) or the designation of the procuring entity, or does not specify what the appellant seeks, or the application is not accompanied by a proof of the composition of the deposit in accordance with Paragraph 115 (1) and the appellant has not remedied these deficiencies within the time limit set by the Office;
(b) the proposal does not contain any indication of an infringement of the law in respect of which the appellant is in danger or has suffered damage to his rights; ';
33.In Article 117a, the following points (c) and (d) are inserted after point (b):
"(c) no deposit of the amount referred to in Article 115 (1) has been credited to the Office's account within the period referred to in Article 115 (5);
(d) the application sent to the Office prior to the conclusion of the contract shall not be accompanied by proof of receipt of the opposition by the contracting authority and proof of the relodging of the security referred to in Article 67 (4), ';
Points (c) and (d) shall be renumbered as points (e) and (f).
34. After Paragraph 117b, the following Section 117c is inserted:
Specific provisions concerning the conduct of proceedings
(1) The following shall be made in electronic form, signed by a recognised electronic signature:
(a) the submission of participants in the review procedures of the acts of the contracting authority initiated ex officio;
(b) the decomposition and other submissions made by the parties in the decomposition procedure.
(2) The Authority may suspend the supervisory procedures provided for in Article 112 in order to obtain an expert opinion or expert opinion. The time limit for the decision to be taken shall not run from the date of the order of suspension against which it cannot be relied until the Office's expert opinion or expert opinion has been delivered.
(3) The Office shall, before taking a decision on the matter, set a time limit for observations on the supporting documents of the decision. This period shall not be less than 7 calendar days. The Authority may not take into account later observations. Paragraph 114 (11) of the first part of the sentence after the semicolon shall apply mutatis mutandis. '
35. in Article 120 (1) (f), the word "shall not be inserted after the word" shall not be inserted. "
36. In Paragraph 121 (3), "5 'is replaced by" 3' and "10 'is replaced by" 5'.
37. in § 148 (6), the sentence "Higher education diplomas may be submitted in Latin."
38. In Paragraph 151 (1), the second sentence is replaced by the following: "This person must comply with the requirement of unbiased application under Paragraph 74 (7) and may not participate in the relevant procurement procedure."
39. In Section 155, the following paragraph 5 is added:
"(5) The contracting authority shall, within 10 days of the date of receipt of the invitation to the Office, send the public procurement documents through a data box or as a data message signed by a recognised electronic signature, with the exception of the documents referred to in Section 114 (9), which it shall send to the Office within the same period in paper form, through a data box or as a data message signed by a recognised electronic signature. ';
40.
Reasons for the contract
(1) The contracting authority shall publish on the profile of the contracting authority the justification for the above-limit and below-limit contracts
(a) the effectiveness of the contract;
(b) the adequacy of the requirements for technical qualifications;
(c) defining the commercial and technical terms of the contract in relation to the needs of the contracting authority;
(d) establishing basic and partial evaluation criteria and how tenders are evaluated in relation to the needs of the contracting authority.
(2) The contracting authority shall publish the justification referred to in paragraph 1 within 3 working days of the publication of the contract notice or of the dispatch of the call for tender.
(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 establishing the estimated value of the contract for approval to the Government. Government approval is a condition for initiating a procurement procedure.
(4) The contracting authority referred to in Article 2 (2) (c) shall submit the justification referred to in paragraph 1 to a significant public procurement body for approval. Approval by the Councils is a condition for initiating the procurement procedure.
(5) The contracting authority referred to in Article 2 (2) (d) shall submit the justification referred to in paragraph 1 in respect of a significant public procurement for approval to the authority deciding on the management issues under the special legislation84).
(6) The provisions of paragraphs 1 to 5 shall not apply:
(a) contracts awarded under a simplified sub-restricted procedure;
(b) contracts awarded in a negotiated procedure with publication pursuant to Article 22 (1) and (2); and
(c) for contracts awarded in a negotiated procedure without publication pursuant to Articles 23 (1), 23 (4) (b), 23 (5) (c) to (e), 23 (6) to (9), 23 (10) (a) and (c) and 23 (11).
(7) The contracting authority shall apply mutatis mutandis when applying the design contest referred to in paragraphs 1 to 5.
(8) The details of the scope of the reasoning are laid down in the implementing act. "
41. in Paragraph 157 (2), the comma shall be replaced by a dot at the end of point (e) and point (f) shall be deleted;
42. in Article 157a (1), the word "or" and (c) shall be added at the end of point (b);
Point (d) shall be renumbered (c).
43.Paragraph 159 (3) reads as follows:
"(3) The Ministry shall issue a decree for the implementation of Articles 17 (w), 44 (4) (a) and (b), 46a, 46d (1), 86 (2), 103 (7), 108, 119 (2), 146 (3) and (6), 147a (8), 149 (8) and (9) and 156 (8)."
Transitional provision
The award of public contracts, design contests and the procedure for reviewing the acts of the contracting authority by the Authority for the Protection of Competition, initiated before the date of entry into force of this Act, 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 Act.
Efficacy
This Act shall take effect on the day of its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 40 / 2015 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.2015 |
|---|---|
| Effective from | 06.03.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0