Decree No. 80 / 1973 Coll.
Ordinance of the Federal Statistical Office issuing basic conditions for the supply of works and computer services
Valid
Effective from 01.09.1973
80
DECLARATION
Federal Statistical Office
of 11 July 1973
issuing basic conditions for the supply of computer works and services
The Federal Statistical Office, in agreement with the participating central authorities, provides for Article 392 of Economic Code No. 109 / 1964 Coll. as amended by Act No. 138 / 1970 Coll.:
General provisions
Scope
(1) This decree regulates the supply of works and services carried out on, and work related to, computer equipment (1) ("computer equipment ').
(2) The work and services referred to in paragraph 1 are in particular:
(a) organisational, programming and design work (preparatory, auxiliary and complete work, implementation of computer, documentary and organisational equipment, introduction of automation, training of computer, documentation and organisational equipment, construction of computing centres),
(b) work related to the processing of data on computer equipment (preparatory and auxiliary work, work on small, medium and large mechanisation machines, work on all types of analogue, digital and hybrid computers, transmitters and drawing equipment, and computer technology related to reprogramming equipment);
(c) use of computer, documentary and organisational equipment.
Types of economic contracts
(1) As a general rule, the following economic contracts are concluded for the work and services referred to in Article 1 (hereinafter referred to as "the contract"):
(a) long-term cooperation, as a rule, for a period of 5 years;
(b) developing an automated management system project or a technology process management system project;
(c) drawing up part of the project or drawing up the programme;
(d) the processing of tasks on computer equipment for at least one calendar year;
(e) the one-off processing of tasks on computer equipment;
(f) the preparation of scientific and technical calculations or simulations (creation of a mathematical model or description) or the development of a programme of scientific and technical calculation or simulation (including the creation of a machine model on an analogue computer or hybrid system);
(g) carrying out scientific and technical calculations or conducting an experiment on a machine model (simulation) on computer equipment;
(h) the use of computer, documentary and organisational equipment.
(2) The Treaties are concluded in writing.
Documentation for the conclusion of contracts
(1) The basis for concluding a long-term cooperation agreement (Paragraph 2 (1) (a)) is, as a general rule, an agreed project task.
(2) The basis for concluding a research contract and developing an automated management system or a technology process management system project [Paragraph 2 (1) (b)] and part of the project or programme [Paragraph 2 (1) (c)] is the specification sheet; this sheet shall contain at least a description of the required work and the time by which the work is to be carried out and transmitted.
(3) The basis for the conclusion of a processing contract on computer equipment for the calendar period [Paragraph 2 (1) (d)] and a one-off contract on computer equipment [Paragraph 2 (1) (e)] is an agreed implementation project.
(4) The contract for the development of a programme or for the preparation of a scientific and technical calculation or their simulation [Paragraph 2 (1) (f)] shall be accompanied by a specification; This sheet shall contain at least a simple description of the programme addressed or an accurate mathematical model including quantitative data and the period within which the work is to be carried out and transmitted.
(5) The calculation programme or machine model is the basis for the conclusion of a contract for carrying out a scientific and technical calculation or simulation [Paragraph 2 (1) (g)] on computer equipment.
(6) The basis for concluding a contract for the use of computer, documentary and organisational equipment [Paragraph 2 (1) (h)] is, as a rule, the requirement of one of the organisations.
Time limits for submission of contracts
(1) The draft contract for works and services provided for in Article 2 (1) (b), (c), (e), (f) and (g) for a period of less than one year shall be submitted by the buyer to the supplier as appropriate. The supplier shall be obliged to comment on the draft contract no later than one month after its delivery.
(2) The draft contract for works and services referred to in Article 2 (1) (b), (d), (f) and (g) for a period of at least one year shall be submitted by the buyer to the supplier at least three months before the beginning of the period for which the contract is to be concluded. The supplier shall be obliged to comment on the draft contract no later than one month after its delivery.
(3) If, in view of the additional needs of the customer arising during the processing or according to the results of the test operation, it is necessary to complete or revise the project or programme, the organisation shall, on a proposal from the customer, amend the existing contract or conclude a new contract.
Forms of contracts and amendments thereto
(1) The organisation shall in particular agree in the contract:
(a) a description of the works; for processing on computer equipment, the identification of the agreed project and programme;
(b) the estimated extent of processing;
(c) the method and time limits for the transmission of data media and the submission of processing results;
(d) the period for which the contract is concluded;
(e) price referring to a valid price list or price decision;
(f) the method of invoicing.
(2) Furthermore, the organisation shall, as a general rule, agree on the following elements:
(a) the estimated number of items broken down into specific periods of time (quarterly, monthly) and, where appropriate, determined by individual organisational units of the buyer and supplier;
(b) the expected financial volume of works and services;
(c) the type of computer equipment used,
(d) the cooperation between the supplier and the customer in drawing up the project (their mutual rights and obligations);
(e) the method of final assessment (opposition) of the project or programme,
(f) discounts on the price fixed by the price list;
(g) type of programming language and operating system, analytical method or mathematical model, if required by the formulation of the task;
(h) the manner and dates of storage and shredding of data media;
(i) the way in which the price is allocated in the current work regime for several programmes;
(j) classification;
k) method of replacement processing in case of computer system failure, event. priority of the assemblies (works) to be processed;
(l) identification of the alternative way of delivering the results of processing in case it is not possible to transmit them in an agreed manner.
(3) The organisation shall agree, as appropriate, to amend the contract if the conditions affecting its performance change, in particular the transmission of supporting documents or items in excess of the tolerance (Section 10).
Suppliers must preferably meet important and urgent needs of central authorities.
Supply of computer works and services
Project and processing programme
The project of the automated management system (for management and management) or the project of the management system (for the management of technological processes) [Paragraph 2 (1) (b)] has two parts:
(a) pre-project documentation covering the project task;
(b) own project comprising two parts:
1. initial project
2. the technical project of the system or subsystem.
Entry data for processing
(1) Entry data for processing under a contract concluded under Article 2 (d) and (e) may be transmitted by means of data media or by means of linked or unconnected data transmission. Data carriers shall mean, in particular, supporting documents (documents, forms), punch labels, punch tape, magnetic tape, etc.
(2) Data carriers must have the arrangements and formalities laid down by the implementation project, be legible, complete and formally and factually correct. The customer is responsible for the quality of the processing data.
(3) The supplier shall be responsible for the safe storage of the data media which the customer has transmitted to him for processing in order to avoid their loss or deterioration and shall be responsible for compliance with the rules on national, economic and professional secrecy.
(4) Where data are transmitted for processing in the form of linked or unconnected data transmission, it shall be responsible for the completeness and quality of the data transmitted by the sending organisation. The transfer routes, dates, manner and quality of transmission shall be provided by the customer in agreement with the supplier and the competent authority of the connections in advance.
Transmission of data for processing
(1) Data for processing on computer equipment must be transmitted to the supplier at the dates, quantities and in the manner specified in the contract. Where the time limit for data transmission is determined by day, this shall mean working days. Unless otherwise agreed in the implementation project or in the contract, the customer shall be obliged to transmit the data to the supplier continuously and evenly on each working day.
(2) If the data carriers do not have the full requirements set out in the contract, the supplier shall notify the customer of the defect immediately after its detection. The collector shall remove the defect or give the supplier an immediate instruction to remove it. If the defect occurred before 8 a.m., the data carriers were transmitted on that day; if the data carriers have been transmitted or the defects have not been removed until after this date, it shall be considered that the data media has not been transmitted until the following day.
(3) Data transmitted before the agreed deadline shall be deemed to have been transmitted only within the agreed deadline. Unless otherwise assessed by the organisation, the data shall be transmitted in due time if they have been received on the prescribed day by 8 a.m. to a place designated by the supplier. If the last day of the period is not the working day of the supplier, the last day shall be the next working day of the supplier. When transferring data in the linked mode, the customer cannot object to late transmission of the processing results if the fault occurred during the data transfer.
(4) The transmission and receipt of the data shall be kept by both parties in a register containing in particular the type and number of data (data media), the date and time of the transmission and receipt.
(5) The incompleteness of data media returned by the supplier after processing to the customer shall be notified in writing to the supplier no later than 5 days after receipt, unless otherwise assessed by the organisation.
Tolerance
Unless otherwise assessed by the organisation, the number of documents or items transmitted for processing may deviate from the agreed number within a single time period at the agreed number
up to 300,000 by ± 10%
up to 500,000 ± 5%
over 500,000 ± 2%.
Submission of processing results
(1) The results of processing on computer equipment shall be understood as all forms of output data specified in the contract, e.g. assemblies, tables, analyses, output records on data media, on microfilm, transmission of output data in both connected and unconnected mode.
(2) Where the time limit for the submission of the results of the processing is agreed after the transmission of the documents, that period shall begin on the day following that on which all the documents have been transmitted. If that day falls on a day which is not a working day, the period shall begin on the next working day of the supplier.
(3) The results of the processing and the data carrier shall be submitted by the supplier in local contact at the agreed place on the certificate at which the customer indicates the date and time of receipt. When using public transport or mail in interlocal contact, the supplier shall send the results of the processing and the documents to the customer as a recommended consignment or in another agreed manner.
(4) The results of the processing shall be submitted in due time if they have been:
(a) in local and inter-local personal contact, submitted to the customer by the last day of the period at the latest at the specified time and, if the hour is not specified, by 8 a.m. the following working day. If the last day of the period is not the working day of the supplier, the last day shall be the next working day of the supplier;
(b) on the use of public transport or mail, the last day of the deadline for the agreed public transport or mail service. The provisions on the last day which is not the working day of the supplier shall apply mutatis mutandis;
(c) ready to transmit the data at a specified time and, if the hour is not specified, by 8 a.m. the following day, even if the actual transmission took place later on from the competent authority of the connections.
Procedure and method of processing on digital computers
(1) The Treaty sets out the operational arrangements for the processing of data in the calculation centre. Operating modes are normally divided into three groups:
(a) a closed operation in which the computer centre ensures comprehensive processing (acquisition or takeover of the input media, calculation, printing of results, processing of results in the required format and dispatch),
(b) open operation (provision of computer time or other computer equipment available to customers);
(c) remote traffic (coupled operation connected to remote data transmission, connected terminal stations).
(2) The supplier is responsible for the correct functioning of the equipment and for the service provided by it.
(3) In open operation, the customer is obliged, unless otherwise agreed in the contract, to specify the machine time order by Wednesday at the latest by 12 hours of the calendar week preceding the calendar week of performance. The supplier shall set the exact date by Friday at the latest by 12 o'clock.
(4) In open operation, the customer is obliged to arrive at the computer centre area no later than 15 minutes before the start of the allocated machine time and be ready to start processing or to agree and test programmes. The customer is obliged to prepare the program (stored on the relevant input medium), the data required, the work code for the operation of the computer equipment, or the results printing forms. The supplier's operator shall keep a record of the course of the calculation, which shall be confirmed by the customer's representative upon completion of the calculation with any reservations. The interruptions in the calculation resulting from the circumstances on the part of the customer go to its account.
(5) In the case of open operation, the provision of machinery time shall be deemed to have been fulfilled on the day determined in accordance with Paragraph 12 (3), no later than 6 o'clock of the following working day.
(6) At the beginning of the calculation work on the new programme, the customer is obliged to complete the registration of the programme; upon completion and introduction into routine operations, the customer shall draw up a brief report on the content and form of the programme and transmit it to the supplier if the programme has been prepared by an organisation other than the supplier. The owner's rights to the programme remain unaffected.
Progress and processing of scientific and technical calculations and simulations on analogue computers and hybrid systems
(1) The Treaty provides for an operational system for the processing of scientific and technical calculations, or for simulation on an analogue computer or hybrid system. Operating modes are normally divided into two groups:
(a) the closed operation in which the calculation centre (analogue or hybrid laboratory) ensures the processing of the calculation or execution of the simulation;
(b) an open operation in which the customer's worker actively participates in the calculation or simulation of any assistance of the supplier's professional staff.
(2) In open operation, the customer shall, unless otherwise agreed in the contract, specify the machine time order by Wednesday at the latest by 12 hours of the calendar week preceding the calendar week of performance. The supplier shall set the exact date by Friday at the latest by 12 o'clock.
(3) In open operation, the customer is obliged to arrive at the computer centre (laboratory) no later than 15 minutes before the start of the allocated machine time. The non-use of machine time in the agreed extent and the breaks in the calculation resulting from the circumstances on the part of the customer go to its account.
(4) In the case of open operation, the provision of machinery time shall be deemed to have been fulfilled on the day determined in accordance with Paragraph 12 (3), no later than 6 o'clock of the following working day.
(5) Unless otherwise agreed in the contract, the supplier shall cancel the connection of the machine model or the calculation program on the analogue computer (exchange program board) in open operation at least 1 week after completion of the simulation or calculation, in closed operation at least 1 week after transmission of the results of the calculation or simulation.
Storage of data media
(1) Unless otherwise agreed in the contract, the supplier shall keep the data medium referred to in Paragraph 8 (1) for a period of 2 months from the date of submission of the results of the processing. In particular, organisations may agree on a longer period when data carriers are to be used for further processing. In this case, the organisation shall agree on the regular renewal and reimbursement of information media.
(2) If the customer does not transfer the stored data carriers by the end of the storage period, the supplier shall transmit them without the customer's consent for shredding. The proceeds from the shredding in this case belong to the supplier.
(3) The supplier shall send the data media to the customer on its load after the expiry of the storage period provided for in paragraph 1, in respect of the data media specified in the contract which is subject to a longer storage period under special regulations.
(4) Both the supplier and the customer keep a simple record of the storage and disposal of data media.
Consequences of breach of obligations and other legal obligations
Liability rights (complaint proceedings)
(1) The collector to whom a defective project or programme has been delivered as a result of the defective work of the supplier shall be entitled to free removal of defects. The supplier is obliged to remove defects only if the customer has claimed them at the latest at a time when the removal of defects is still of technical or economic importance. Otherwise, the customer has the right to request reimbursement of the price paid. The supplier is obliged to return the price paid and to pay the property penalties only if the customer has claimed defects no later than three years after completion.
(2) Defects of processing results on computer equipment caused by defective works of the supplier,
(a) which are already evident at the time of the takeover, the customer shall be obliged to complain in writing to the supplier within 10 working days of the receipt;
(b) which may not be detected until the accounting and statistical statements or balance sheet reports have been drawn up, within 10 working days of their establishment, but not later than 14 months after receipt of the results of the processing.
Organisations may agree periods longer.
(3) In closed operation of processing on digital computers, the supplier shall be responsible for the accuracy of the results of processing according to the project in full. The supplier shall only be responsible for errors caused by the fault of the programme if it has been processed; in which case he is obliged to carry out a replacement treatment. However, it is not responsible for errors in the data media if it could not be identified under the implementation project. In open operation, the customer shall be responsible for the accuracy of the calculation and for the use of the allocated machine time, except where the inaccuracy of the calculation is due to the defective work of the supplier. In remote traffic, the responsibility for the accuracy of the calculation is the customer; the supplier is responsible only for the timeliness of the calculation when a binding priority for the task has been agreed.
(4) In closed operation, processing of scientific and technical calculations, or simulations on analogue computers and hybrid systems, the supplier is responsible for the accuracy of the processing results in full. The supplier shall only be responsible for errors caused by the fault of the programme if the programme has been processed. However, it is not responsible for errors in data media. In open operation, the customer is responsible for the accuracy of the calculation and for the use of the allocated machine time.
(5) The collector shall, where appropriate, attach to the complaint a more detailed specification of the defects and, in serious cases, defective processing results and, where appropriate, returned documents, if this is necessary in particular for the redrawing of the processing results.
(6) The supplier shall notify the customer, no later than 10 calendar days after receipt of the complaint, whether he recognises or refuses the claim; if he refuses to make a complaint, he must state his reasons.
(7) The collector shall be entitled to refuse to take over the results of the processing if they cannot be used for the purpose specified or if the repair or production of the new processing results would take so long that the results of the processing would lose technical or economic significance.
(8) If the claim is justified and the customer does not refuse to accept the results of the processing (paragraph 7), the supplier shall correct or produce new results for his own cargo, preferably within a period agreed with the customer. If the defective results are corrected under the agreement with the supplier of the customer, the costs of the repair shall be borne by the supplier.
(9) If the deficiencies in the processing results were due to a defect in the customer's data or other underlying material which the supplier could not identify, the costs of the repair or the production of new processing results shall be borne by the customer.
(10) If the supplier has found a defect in the processing results after submitting them to the customer, he shall be obliged to notify him without undue delay. The rights of customers remain unaffected.
(11) The results of the processing and the data carrier attached to the complaint will be returned by the supplier to the customer after confirmation of the accuracy of the recalculated calculation.
Replacement treatment
(1) If the customer finds, immediately after receiving the results of the processing, that the results have serious deficiencies resulting from the processing with the supplier, so that they are not used for the purpose and if there is a risk of delay, he shall immediately reclaim those defects in writing with the supplier. The supplier is obliged to arrange for replacement processing within 24 hours regardless of the result of the claim. The costs shall be borne by the supplier until the decision on the complaint.
(2) Where it is found that the requirement for replacement processing was unjustified or that the defect was caused by the customer himself (e.g. by the transmission of incorrect processing data), or if the customer does not submit all the supporting documents for the complaint (pursuant to Paragraph 15), he shall pay the supplier all the costs associated with the replacement processing and pay a penalty of 10% of the price of the replacement processing.
Continuity of processing results
If the customer refuses to take over the defective processing results pursuant to Article 15 (7), the rejected processing results should be the basis for processing other results and the customer had to process the necessary data differently, the supplier shall ensure continuity of the subsequent processing results.
Property sanctions
(1) If the number of supporting documents or items transmitted by the customer does not reach the agreed number of units (Paragraph 10) during the relevant time period for processing on computer equipment, the customer shall be obliged to pay the supplier for the supporting documents or items missing within the agreed number, reduced by 10% of the price of the works which would have been carried out on the basis of such supporting documents or items.
(2) If the buyer does not submit the evidence or supplier's processing results in due time, the organisation in delay is obliged to pay a one-off penalty payment of 0,5% of the price of the relevant processing results. if they follow up on the non-surrendered results of the processing, other results which could not be processed by the supplier in good time for the delay in the transmission of the documents or could not be used by the customer in good time for the delay in processing, including the price of such further processing results.
(3) For works involving seasonal fluctuations (e.g. ploughing, harvesting, seasonal purchases of goods), organisations may agree property penalties by way of derogation from the provisions of paragraphs 1 and 2. The collector shall notify the supplier of seasonal fluctuations in the number of documents or items not later than 15 days before the beginning of the period of processing.
(4) If the supplier fails to meet obligations other than those referred to in paragraph 2 or does not remedy the defects within the agreed time limit, he shall be obliged to pay the customer a penalty payment
(a) for organisational, programming and design works (as referred to in Article 1 (2) (a)), 0,5% of the total project price for each calendar week of delay, but not more than 5%;
(b) for data processing work on computer equipment [Paragraph 1 (2) (b)]
1. with a daily frequency of 1% of the total price for each day of delay but not more than 5%,
2. with more than a daily to 10-day periodicity of 0,7% of the total price for each unit of time by which delivery is delayed, 2) but not more than 3%,
3. with a frequency of more than 10 days and 0,5% of the total price for each week of delay, but not more than 2% for one-off work;
(c) for other works and services [Sections 1 (2) (c) and (d)], 0,5% of the total price of such works and services.
Further use of processed material
The supplier is entitled to perform from the supporting documents of the customer of the work and of the service on computer equipment (Section 1 (2)) and for another organisation only with the written consent of the customer.
Final provisions
The Order of the Central Commission for Human Control and Statistics No. 154 / 1964 Coll., which issues the basic conditions for the supply of machine calculus works, is hereby repealed.
This Decree shall take effect on 1 September 1973.
Chairman:
Qazimour v. r.
1) The terms used are according to ČSN 36 9001 "Data-processing machines - Nomenclature of digital and analog computers."
2) For example, for periodicity 3 days, the unit of time is 3 days.
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Regulation Information
| Citation | Decree of the Federal Statistical Office No. 80 / 1973 Coll., which issues the basic conditions of supply of works and computer services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.1973 |
|---|---|
| Effective from | 01.09.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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