Act No. 55 / 2012 Coll.
Act amending Act No. 137 / 2006 Coll., on Public Procurement, as amended
Valid
Effective from 01.04.2012
Zobrazeno prvních 200 z celkem 613 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
55
THE LAW
of 31 January 2012
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 Contracts, 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. 73 / 2011 Coll., and Act No. 258 / 2011 Coll., is amended as follows:
1. Paragraph 2 (3) reads as follows:
"(3) The contracting authority concerned shall be a legal or natural person who procures a contract paid from more than 50% of public funds or where the funds awarded from such sources exceed CZK 200 000 000; money is provided from public sources even if it is provided through another person. ';
2. In Article 2, at the end of paragraph 7, the sentence "The contracting authority shall not, however, comply with the provisions applicable to the sectoral contracting authority where it carries out the relevant activity under Article 4 (1) (d) and (e)."
3. In Article 2, the following paragraph 11 is added:
"(11) Where a contract is awarded by an association of contracting entities and at least one participant in an association of contracting entities is a foreign person having its registered office in a Member State of the European Union, the participants of the association may agree that the applicable law is the law of the Czech Republic or the law of the Member State of the European Union in which the participant of the association has its registered office. '
4. In Article 3 (2), the words "except in the case of centralised procurement in the field of defence or security 'are added.
5. in Article 3 (5), the words "(a) 'are deleted;
6. in Articles 4 (1) (g) (1) and (2), 11 (3), 20 (1), (2) and (5), 47, 77 (5), 100 (2) and (5), 104 (1) and 107 (3), the words "the European Communities" shall be replaced by the words "the European Union."
7. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The contracting authority may not restrict participation in procurement procedures to those suppliers who have their registered office or place of business in a Member State of the European Union and other States which have concluded an international contract with the Czech Republic or the European Union guaranteeing the access of suppliers from those States to the public contract awarded. '
8. In § 12 paragraphs 2 and 3, the amount "CZK 2 000 000 'is replaced by" CZK 1 000 000' and the amount "CZK 6 000 000 'is replaced by" CZK 3 000'.
10. In Paragraph 13, the words "paragraph 1 'shall be added at the end of paragraph 8.
11. the following Section 16a is inserted after Section 16, which includes the title:
Significant procurement
An important contract shall mean a contract awarded by:
(a) the contracting authority referred to in Article 2 (2) (a) or (b), or another legal person referred to in Article 2 (2) (d), where the Czech Republic is in a position to be treated as such in accordance with Article 2 (2) (d) (2), the estimated value of the contract being at least CZK 300 000 000;
(b) the contracting authority referred to in Article 2 (2) (c) or any other legal person referred to in Article 2 (2) (d), where the contracting authority referred to in Article 2 (2) (c) is in a position as referred to in Article 2 (2) (d) (2), the estimated value of the contract being at least CZK 50 000 000. ';
12. in Article 17 (g):
"(g) Public procurement Bulletin of the Public Procurement Information System (hereinafter referred to as the" Information System ") which ensures the publication of public procurement information,"
13. in Article 17, at the end of point (t), the dot is replaced by a comma and the following points (u) to (x) are added:
"(u) public resources
1. subsidies granted from the State budget, from the budgets of municipalities and regions, state funds or regional cohesion councils;
2. funds or grants awarded under special legislation19),
3. European Union grants; or
4. subsidies, contributions and aid granted from public budgets and other funds of a foreign State, with the exception of funds managed by business entities established or resident abroad;
(v) a person with special competence:
1. be in employment relations with the contracting authority awarding the contract or another contracting authority; and
2. has completed the training programme according to § 151a,
(w) public procurement documents, a summary of all documents in paper or electronic form, the procurement of which, in the course of or after the procurement procedure, is required by that law, including the full text of the originals of the tenders of all suppliers and contracts concluded,
(x) by the profile of the contracting authority, an electronic instrument through which the contracting authority publishes the information and documents relating to its procurement in a manner that allows unrestricted and direct remote access and whose internet address is published in the Public Procurement Bulletin; the requirements for the details of the contracting authority's profile shall be laid down in the implementing legislation.
19) Act No. 130 / 2002 Coll., on the promotion of research, experimental development and innovation from public funds and on the amendment of certain related laws (Act on the promotion of research and development), as amended. "
14. in Article 18 (1) (a), the words "or the publication of a written invitation pursuant to Article 38" shall be replaced by "or the publication of a written invitation to tender in a simplified subrestricted procedure."
15. in Paragraph 18 (3) (g):
"(g) their award shall be governed by specific procedural rules of an international organisation which carries out purchases for its own purposes or which must be awarded by Member States in accordance with those rules.";
16. in Paragraph 18 (4) (b), the words "works" shall be inserted after the words "on."
17. in Paragraph 18 (4), point (d), including footnote 28, shall be deleted;
Points (e) to (i) shall be renumbered (d) to (h).
18. in Article 19 (2) (a), the words "the European Communities" shall be replaced by the words "the European Union";
19. in Paragraph 22 (1), "8" is replaced by "9."
20. in Paragraph 22 (2), the words "paragraph 1" shall be deleted;
21. in Article 23 (1) (a) and (b), the comma shall be deleted after the words "with publication."
22. in Article 23 (1) (c), the words "and, in the case of defence or security contracts, also in a competitive dialogue," shall be added.
23. In Article 23 (5) (b), the words "incompatibility with the original supply or would entail disproportionate technical difficulties in the operation and maintenance of the original supply" shall be replaced by the words "incompatibility or would entail disproportionate technical difficulties in the operation and maintenance."
24. in § 25 (b), the amount "20 000 000 CZK" is replaced by "10 000 000 CZK."
25. In Paragraph 28 (2), the third and fourth sentences are replaced by the sentence "Only the contracting authority in the case of a defence or security contract and the sectoral contracting authority may limit the number of candidates to participate in the restricted procedure in the restricted procedure in the notice of the restricted procedure, as well as the maximum number of candidates invited to submit a tender; invite only candidates selected in accordance with Paragraph 61, if they are a contracting authority or in accordance with Section 66, if they are a sectoral contracting authority. ';
26. in Paragraph 28 (3):
"(3) In the case of a defence or security contract, the contracting authority shall invite at least five candidates to submit a tender. The sectoral contracting authority shall invite at least 3 candidates to submit a tender. Where less than 5 applications have been submitted to the contracting authority in the case of a defence or security contract to participate in a restricted procedure or fewer requests to participate before the contracting authority has indicated in the notice of a restricted procedure, it may invite all candidates who have submitted a request for participation to submit a tender and have demonstrated the fulfilment of the qualifications to the extent required; This applies even if less than five candidates have demonstrated that the qualification has been met. Where less than 3 applications have been submitted to the sectoral contracting authority to participate in a restricted procedure or fewer requests to participate before the contracting authority has indicated in the notice of the restricted procedure, it may invite all candidates who have submitted a request to participate and have demonstrated that the qualification to the extent required has been fulfilled; This shall also apply where less than three candidates have proved to have completed the qualification. ';
27. in Paragraph 28, paragraph 4 is deleted;
Paragraph 5 shall become paragraph 4.
28. In Article 29 (2), the third and fourth sentences are replaced by the following: "Only the contracting authority in the case of a contract in the field of defence or security and the sectoral contracting authority may limit the number of candidates to participate in the procedure with publication in the notice of the negotiated procedure with publication and also specify the maximum number of candidates invited to submit a tender; invite only candidates selected in accordance with Paragraph 61, if they are a contracting authority or in accordance with Section 66, if they are a sectoral contracting authority. ';
29. in Paragraph 29 (3):
"(3) In the case of a defence or security contract, the contracting authority shall invite at least five candidates to submit a tender. The sectoral contracting authority shall invite at least 3 candidates to submit a tender. Where less than five requests to participate in a negotiated procedure with publication or less than a request for participation have been submitted to the contracting authority in the case of a defence or security procurement before the contracting authority has indicated in the notice of the negotiated procedure with publication, it may call for the submission of a tender by all candidates who have submitted a request for participation and have demonstrated that the qualifications to the extent required have been met; This applies even if less than five candidates have demonstrated that the qualification has been met. Where less than 3 applications have been submitted to the sectoral contracting authority for participation in a negotiated procedure with publication or less than the one indicated in the notice of the negotiated procedure with publication, the contracting authority may invite all candidates who have submitted a request to participate and have demonstrated that the qualifications to the extent required have been met; This shall also apply where less than three candidates have proved to have completed the qualification. ';
30. In Paragraph 30, the words "paragraph 1 'shall be added at the end of the text of paragraph 8.
31. in § 31 (5) and in § 33 (3) and (5), "§ 29 (4)" is replaced by "§ 29 (3)";
32. in Paragraph 33 (4), "7" is replaced by "6."
33.Paragraph 33 (5) reads as follows:
"(5) The sectoral contracting authority shall invite all candidates invited to participate in the negotiations to submit tenders. In the written invitation to tender, one or more solutions for the performance of the contract selected by the sectoral contracting authority shall be properly defined by the sectoral contracting authority. Paragraph 29 (4) shall apply mutatis mutandis. ';
34. in Paragraph 34 (2) (c), the words "and paragraph 8 (b)" shall be replaced by the words ", paragraph 8 (b) or paragraph 10 (a) and (c)";
35. In Paragraph 34, the following paragraph 5 is added:
"(5) A written invitation under paragraph 1 shall not be required for contracts awarded under:
(a) Article 23 (5) (c); and
(b) Paragraph 23 (7) (a) in the case of an additional works contract. The contracting authority shall obtain a written inventory and justification for the necessity of the works so commissioned, including the price. ';
36. in Article 35 (3), the third and fourth sentences are deleted;
37.Paragraph 35 (4) shall be deleted;
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
38. In Paragraph 36 (1), the words "and to define one or more suitable eligible solutions' are replaced by the words" suitable eligible solutions'.
39. In Paragraph 36 (3), the words "paragraph 1 'shall be added at the end of the first sentence.
40. Paragraph 36 (6) reads as follows:
"(6) The contracting authority shall continue negotiations in the competitive dialogue until it decides whether the solutions submitted are appropriate. ';
41.Paragraph 36 (7) is deleted.
42. Paragraph 37 (1) and (2) reads as follows:
"(1) The contracting authority shall inform in writing all candidates who have been invited to participate in the competitive dialogue of the conclusion of the negotiations in the competitive dialogue, at the same time sending a decision on the appropriateness of its solution with a justification and inviting them to submit a tender.
(2) The contracting authority shall adjust the terms of reference according to the results of the competitive dialogue negotiations. "
43. In Paragraph 38 (2), the words "in an appropriate manner 'are replaced by the words" on the contracting authority's profile'.
44. Paragraph 38 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
45.
Time limits in the procurement procedure applicable to contracting authorities
(1) Any time limit specified by the contracting authority must be set taking into account the subject matter of the contract.
(2) The time limit for receipt of applications to participate in restricted procedures, negotiated procedures with publication or competitive dialogue and the required documents proving the qualification shall not be less than:
(a) 37 days in the case of over-limited contracts; or
(b) 15 days in the case of sublimity contracts.
(3) The closing date for the submission of tenders may not be:
(a) for over-limited public contracts shorter than:
1.52 days in open procedure, or
2.40 days in restricted proceedings,
(b) in the case of sublimited contracts, less than:
1.22 days in open procedure, or
2.15 days in the restricted procedure and in the simplified subrestricted procedure.
(4) The time limits referred to in paragraphs 2 and 3 shall be extended by at least half for significant public contracts.
(5) The time limit for the submission of tenders shall be fixed by the contracting authority:
(a) in a competitive dialogue, in a negotiated procedure with publication and in a simplified sub-restricted procedure in the invitation to tender;
(b) in a negotiated procedure without publication in the invitation to act, unless agreed only in the context of the negotiations;
(c) in the procedure under the framework contract provided for in Article 92 in the invitation to tender.
(6) The time limits for receipt of requests to participate referred to in paragraph 2 shall begin to run on the day following the date of the opening of the procurement procedure. The time limits for the submission of tenders referred to in paragraph 3 shall begin to run in the case of an open procedure and a simplified sub-limit procedure on the day following the date of the opening of the procurement procedure, in the case of a restricted procedure, in the case of a negotiated procedure with publication, in a competitive dialogue and in a framework contract procedure on the day following the date of dispatch of the invitation to tender and in the case of a negotiated procedure without publication on the date of dispatch of the invitation to tender. ';
46. Paragraph 40 (1) and (2) are deleted.
Paragraphs 3 to 6 shall be renumbered paragraphs 1 to 4.
47.Paragraph 40 (1) reads as follows:
"(1) Where the contracting authority publishes the procurement documents in full on the contracting authority's profile from the date of publication of the notice of open procedure or restricted procedure, it may reduce the time limit for the submission of tenders by 5 days. ';
48. Paragraph 40 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
49.Paragraph 40 (3) reads:
"(3) Where the contracting authority makes adjustments to the procurement conditions, it shall at the same time extend the time limit for the submission of applications to participate in the procurement procedure or the time limit for the submission of tenders, depending on the nature of the adjustment made. In the event of a change in the terms of the contract, which may extend the range of potential suppliers, the contracting authority shall extend the time limit so that, from the time of the amendment, the entire period of time for the submission of a request for participation or for the submission of tenders is equal to the entire period. ';
50. in Paragraph 41 (7):
"(7) The time limits for receipt of requests to participate referred to in paragraph 2 shall start on the day following the date on which the contract is opened. The time limits for the submission of tenders referred to in paragraphs 3 to 6 shall begin to run in the case of an open procedure on the day following the date of the opening of the procurement procedure, in the case of a restricted procedure, in the case of a negotiated procedure with publication, in a competitive dialogue and in a framework contract procedure on the day following the date of dispatch of the invitation to tender and in the case of a negotiated procedure without publication on the date of dispatch of the invitation to tender. ';
51. Paragraph 42, including the title, reads:
Changes in the procurement procedures applicable to sectoral contracting entities
(1) Where a sectoral contracting authority has published a periodic pre-notification pursuant to Paragraph 87 and where such periodic pre-notification has been sent for publication or a notice has been sent for publication of a periodic pre-notification on the profile of the sectoral contracting authority for publication within a period of not less than 52 days and not more than 12 months before the notification of an open procedure has been sent, the sectoral contracting authority may, subject to the conditions for publication referred to in Article 146 (3), second sentence, shorten the time limit for the submission of tenders in an open procedure for over-limit public contracts to 36 days, and where, for objective reasons, that period cannot be set up to 22 days.
(2) Where the sectoral contracting authority publishes the procurement documents in full on the contracting authority's profile from the date of publication of the contract notice, it may reduce the time limit for the submission of tenders by 5 days. This does not apply if the time limit for the submission of tenders is agreed pursuant to Paragraph 41 (4).
(3) The shortening of the time limits referred to in paragraphs 1 and 2 may be cumulated if the sectoral contracting authority complies with the minimum periods laid down in paragraphs 4 to 6.
(4) In an open procedure, the time limit for the submission of tenders shall never be less than 22 days and, where the notice of open procedure is received by electronic means (§ 149), less than 15 days.
(5) The time limit for receipt of requests to participate in a restricted procedure or a restricted procedure with publication or the time limit for receipt of confirmation of interest pursuant to Article 88 (3) may never be less than 15 days.
(6) The time limit for the submission of tenders in the restricted procedure or in the procedure for publication may never be less than 10 days, unless it has been established by agreement under Paragraph 41 (4).
(7) Paragraph 40 (2) and (3) applies mutatis mutandis to sectoral contracting entities. "
52. Paragraph 44 (1) reads as follows:
"(1) The procurement documents shall be a set of documents, data, requirements and technical conditions defined by the contracting authority in the details necessary for the processing of the tender. The contracting authority shall be responsible for the accuracy and completeness of the specifications. ';
53. In Article 44 (3) (b), the words "or special technical conditions (§ 46a)" shall be inserted after the words "technical conditions (§ 45)."
54. in Article 44 (3), at the end of point (h), the point "a" is replaced by a comma and the following point (i) is inserted:
"(i) the requirement to submit a tender only in electronic form by means of an electronic instrument, if the contracting authority so provides; and ';
Point (i) shall be renumbered as point (j).
55. in Paragraph 44 (4):
"(4) The procurement documents for works contracts shall include, in addition to the particulars referred to in paragraph 3:
(a) the relevant documentation, to the extent provided for in the implementing legislation, drawn up in detail specifying the subject matter of the contract to the extent necessary for the processing of the tender;
(b) an inventory of works, supplies and services with a statement of notice to the extent provided for in the implementing legislation, including in electronic form. ";
footnote 34 is deleted.
56. In Article 44 (6), the words "defined in substance 'shall be inserted after the words" reserve the requirement that certain' are inserted.
57. In the first sentence of Paragraph 44 (11), the words "or does not have a sectoral procuring entity in respect of goods or services which are part of a public contract concluded under this law 'shall be inserted after the words" If this is not justified by the subject of a public contract'.
58. In Paragraph 44 (11), the words "procurement documents' are replaced by the words" specifications'.
59. In Paragraph 44 (11), the following sentence is inserted after the second sentence: "In the case of works, such a reference may be allowed only if it does not lead to unjustified restriction of competition."
60. In the fourth sentence of Paragraph 44 (11), "such a case 'is replaced by" such cases are always explicitly'.
62. After § 46c, the following § 46d is inserted:
Commercial terms of the works contract
(1) The contracting authority shall, in the case of a public works contract, determine the terms of trade in accordance with the implementing legislation.
(2) Under commercial conditions, the contracting authority provides that technical supervision of the same building may not be carried out by a supplier or a person linked to it (13). This shall not apply where technical supervision is carried out by the contracting authority itself. ';
63. Paragraph 48, including the title, reads:
Provision of procurement documents to suppliers
(1) The contracting authority shall publish on the profile of the contracting authority at least the text part of the procurement documents from the date of publication of the contract notice or the invitation to tender in the simplified sub-limit procedure, with the exception of the procedure of the sectoral contracting authority pursuant to Article 33; This does not apply if disclosure would result in disclosure or threat to classified information16).
(2) Parts of the procurement documents which have not been published on the contracting authority's profile shall be transmitted or sent by the contracting authority to the supplier in the open procedure no later than 3 working days and in the simplified sub-limit procedure no later than 2 working days from the date of receipt of the written request by the supplier.
(3) The tender may also be submitted by a supplier who has not asked the contracting authority to provide the procurement documents or who has not picked up the procurement documents.
(4) The contracting authority shall, in the restricted procedure and in the negotiated procedure with publication, indicate in the invitation to tender information on the publication of the procurement documents on the contracting authority's profile where it has published the procurement documents in full in accordance with paragraph 1; otherwise it shall apply mutatis mutandis in accordance with paragraph 5 (a), (c) or (d).
(5) The contracting authority in the negotiated procedure without publication, the contracting authority in the competitive dialogue and the sectoral contracting authority in the negotiated procedure with publication in the procedure provided for in Article 33
(a) provide procurement documents as an annex to the invitation to tender;
(b) indicate, in the invitation to tender, information on the publication of the procurement documents on the contracting authority's profile where the procurement documents have been published in this way;
(c) transmit or send the tender documents in paper or electronic form to the supplier within 3 working days of the date of receipt of the supplier's written request for supply; or
(d) indicate the address where the procurement documents may be requested where they are available to a person other than the contracting authority; in that case, it shall transmit or send the tender documents in paper or electronic form to the supplier within 3 working days of the date of receipt of the supplier's request for it.
(6) Where the contracting authority does not lay down requirements for the demonstration of qualifications in the procurement documents in the restricted procedure, the negotiated procedure with publication or the competitive dialogue, it shall publish on the profile of the contracting authority the qualification documentation from the date of publication of the contract notice.
(7) The contracting authority may reserve the right in the procurement conditions to require reimbursement of costs related to the provision of parts of the procurement documents which have not been published on the contracting authority's profile. In such a case, it shall indicate in the specifications the amount of the costs of reproduction, the costs of packaging and postage, while at the same time setting out the payment conditions relating to the provision. However, the contracting authority may not require payment of such costs in excess of the normal costs. '
64. In Paragraph 49, the sentence "The written request must be received by the contracting authority no later than 6 working days before the expiry of the time limit for the submission of tenders; if the award procedure is the one in which the time limits laid down in Paragraph 39 (3) (b) (2) are laid down, no later than 5 working days before the expiry of the time limit for the submission of tenders. '
65.Paragraph 49 (2) reads as follows:
"(2) The contracting authority shall send additional information on the terms of the contract and, where applicable, the related documents, no later than 4 working days after the receipt of the application referred to in paragraph 1, and if the award procedure is followed by the time limits laid down in paragraph 39 (3) (b) (2), no later than 3 working days after the receipt of the request referred to in paragraph 1. ';
66. The third sentence of Paragraph 49 (3) reads: "The contracting authority shall always publish additional information, including the exact text of the application, in the same way as it published the text part of the procurement documents or the qualification documents. '
67. In Paragraph 49 (5), the words "Paragraph 39 (3) (a) (3) or" and "or 3" shall be deleted.
68. Paragraph 50 (1) reads as follows:
"(1) A supplier shall be qualified for the performance of a contract which:
(a) fulfil the basic qualification requirements of Paragraph 53;
(b) fulfil the professional qualification requirements of § 54;
(c) submit an honest declaration of its economic and financial capacity to meet the contract; and
(d) meet the technical qualification requirements of § 56. ';
69.Paragraph 50 (4) reads as follows:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 55 / 2012 Coll., amending Act No. 137 / 2006 Coll., on Public Procurement, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0