Decree No. 9 / 2011 Coll.
Ordinance laying down more detailed conditions concerning electronic instruments and acts made electronically in the award of public contracts and details of the certificate of conformity
Valid
Effective from 20.01.2011
Contents
Zobrazeno prvních 200 z celkem 437 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
9
DECLARATION
of 10 January 2011
laying down more detailed conditions concerning electronic instruments and acts carried out electronically in the award of public contracts and details of the certificate of conformity
According to § 159 (3) of Act No. 137 / 2006 Coll., on Public Procurement, as amended by Act No. 179 / 2010 Coll., ("the Act '), the Ministry of Local Development provides for the implementation of § 149 (8) and (9) of the Act:
GENERAL PROVISIONS
Subject matter
This decree regulates
(a) more detailed conditions concerning electronic instruments and acts made electronically in public procurement;
(b) details of the conditions for issuing the certificate of conformity, the particulars in the certificate of conformity and the validity of the certificate of conformity.
Definition of terms
For the purposes of this decree:
(a) the contracting authority's public key is unique electronic data which clearly correspond to the contracting authority's private key and serve the supplier to encrypt the content of the tender under this decree;
(b) the private key of the contracting authority is unique electronic data which clearly correspond to the contracting authority's public key and serve the contracting authority to unencrypt the content of the tender under this decree;
(c) a public key certificate data report1) which links the contracting authority's public key to the contracting authority in a credible manner, serves to transmit the public key and may serve to verify the identity of the contracting authority and the address of its website;
(d) by an electronic act in the procurement procedure, the acts of the person acting by means of an electronic instrument;
(e) the operating parameters set out in the set of requirements relating to the functional characteristics of the electronic instrument and to the environment in which the electronic instrument is operated as a result of the annex to this decree;
(f) a functional summary of the functional characteristics of the electronic instrument;
(g) the environment under which the electronic instrument is operated;
(h) by an electronic instrument operator, a natural or legal person who specifies the operational parameters and ensures the operation of an electronic instrument through which electronic acts are or are to be carried out for the purpose of public procurement or for the purpose of obtaining a proposal in a design contest and which meets the requirements laid down by the law and by this decree;
(i) by the applicant, an operator requesting conformity assessment and certification;
(j) an unencrypted data message, a data message in which the transmitted data are not hidden, for example, by encryption and are directly legible;
(k) an encrypted data message, a data message in which the transmitted data are hidden by encryption and are not directly readable;
(l) time information to record the date and time of the electronic operation, indicating the hour, minute and second;
(m) by certification audit, the process of attesting the conformity of an electronic instrument carried out by a conformity assessment body accredited by a national accreditation body on the basis of another legislation2 (hereinafter referred to as the certifying authority);
(n) certification rules a summary of the conditions and assumptions laid down by the certifying authority;
(o) the publication of a contract notice, a preliminary notice, a periodic prior notice, a tender notice, a contract award notice, a notice of cancellation of a contract or a design contest or any other information published in the public procurement information system or, where appropriate, in the Official Journal of the European Union,
(p) the asset any part of the electronic instrument and the operational environment, including the resources necessary to operate the electronic instrument to the intended extent.
ELECTRONIC TASKS AND ELECTRONIC INSTRUMENTS
General requirements for electronic procurement operations
In the procurement procedure, the contracting authority shall designate authorised persons who are authorised to act electronically in such a procedure, in particular to make calls for participation or to submit tenders, to provide tender documents and additional information, to confirm receipt of tenders, to open tenders and to send invitations to negotiate tenders.
Provision of procurement documents and additional information
(1) The procurement documents provided by the contracting authority by means of electronic instruments are provided by the contracting authority in the form of unrestricted remote access on its profile or at any other website address without prior request, or by the contracting authority on the basis of a written request with an electronic signature.
(2) Where the contracting authority provides the procurement documents with unrestricted remote access on its profile or on other websites without prior request, it shall ensure that:
(a) each person may make sure both the identity of the contracting authority and the identity of the website operator by means of a public key certificate issued to the contracting authority's profile or the address of the website through which the contracting authority provides the procurement documents;
(b) the procurement documents are protected against unauthorised change; and
(c) the procurement documents have been made available continuously on the contracting authority's profile or on other websites within a specified period.
(3) Where the contracting authority provides the procurement documents on the basis of a written request from the supplier, it shall ensure that:
(a) the procurement documents have only been provided on the basis of a valid request from a person whose electronic signature has been successfully verified;
(b) the procurement documents shall bear the electronic signature of the authorised person of the contracting authority or of the electronic sign of the contracting authority, provided that the procurement documents are made available by way of dispatch to the required electronic address of the supplier; and
(c) the requirements laid down in paragraph 2 are met if the procurement documents are provided in the form of individual disclosure of the procurement documents through the profile of the contracting authority or other websites.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the provision of additional information on the specifications.
Submission and opening of tenders
(1) The notice or invitation shall publish an electronic address for submission of tenders, preliminary tenders, requests for participation, proposals for design competition and bidding values (hereinafter referred to as "tenders').
(2) In order to ensure the confidentiality of the data contained therein, tenders shall always be protected by encryption of their content in accordance with the requirements laid down in this Decree. This does not apply in the case of auction values, provided that the confidentiality of the content of the offer is ensured technically in accordance with this decree.
(3) The contracting authority shall ensure that:
(a) the contracting authority's public key intended to encrypt the content of the tenders clearly corresponds to the contracting authority's private key;
(b) it was not possible to forge a public key certificate with reasonable efforts;
(c) it has not been possible to forge the private key of the contracting entity with reasonable efforts; and
(d) the private key of the contracting authority has been secured against loss and unauthorised access throughout the period of validity of the corresponding public key certificate.
(4) In order to encrypt the content of the tender, the contracting authority shall provide suppliers with a public key certificate by means of its profile or, where appropriate, other websites or by sending them on request.
(5) Where, in accordance with the law, a time limit for the submission of tenders is set, the contracting authority shall ensure that the tender submitted to the address referred to in paragraph 1:
(a) have been further processed in accordance with this Order before the expiry of the time limit and stored unchanged until it has been opened; at the same time it shall be sent to the supplier's electronic address for notification of its delivery; and
(b) have been declared unacceptable after the expiry of the time limit; in which case it shall be sent to the supplier's electronic address for notification of this fact.
(6) Submission of a tender shall be accompanied by a record of the time information referred to in Article 7.
(7) After the submission of the offer, the electronic signature of the supplier shall be verified and the result of the verification recorded for the tender received.
(8) The contracting authority or persons authorised to open tenders shall ensure unencryption of the content of tenders using the contracting authority's private key.
(9) The contracting authority shall ensure that the unencryption and opening of tenders using the contracting authority's private key are carried out by authorised persons in such a way that:
(a) unencryption or opening has always been carried out with the participation of two or more authorised persons;
(b) it is not possible to use the contracting authority's private key to decrypt tenders in any way other than with the participation of authorised persons.
(10) An operator shall ensure that an electronic tool does not allow the unencryption and opening of a bid before the deadline set for opening it. The time of unencryption and opening of the offer shall be recorded in accordance with Section 6.
(11) The electronic tender, after it has been opened, read, evaluated or evaluated, must be kept with the contracting authority in the encrypted form in which it was delivered to the contracting authority, together with the recording of the validity of the electronic signature. In addition, this is without prejudice to the possibility for the contracting authority to keep tenders stored in unencrypted form.
Acquisition of records on electronic operations
(1) The contracting entity shall keep a record of the electronic operations carried out and any other activities of the electronic instrument. Such records shall include at least:
(a) identification of the electronic act or other activities of the electronic instrument;
(b) the time at which the electronic operation or operation is carried out specified to the nearest second;
(c) the identifier of the person who carried out the electronic operation or started the operation of the electronic instrument;
(d) a record of the possible error of the electronic act or other activity of the electronic instrument.
(2) In addition to the records referred to in paragraph 1, the information on the system status of the electronic instrument referred to in points (b) and (c) shall be recorded, indicating the time information referred to in Article 7. The system state is the state in which an electronic tool is located at a given moment or interval and which corresponds to one of the three possible values
(a) in operation;
(b) out of service;
(c) the limitation of functionality which does not allow the implementation of electronic actions which can otherwise be implemented by means of the electronic instrument concerned.
(3) All information referred to in paragraphs 1 and 2 must be protected against unauthorised access, alteration and destruction.
Recording of time information
(1) Time information must be provided by an operating system linked to a source reproducing the world coordinated UTC time, for example, on the national time and frequency etalon or using a global positioning system receiver (GPS).
(2) The synchronisation of the time measured by the operating system referred to in paragraph 1 with the coordinated world time shall be carried out at least once every 24 hours during the procurement procedure.
(3) The synchronisation referred to in paragraph 2 must be ensured even in the event of a transition second.
CERTIFICATION OF ELECTRONIC INSTRUMENTS CONFORMITY
Certificate of conformity
(1) The conformity of the electronic instrument shall be assessed in terms of the functionality of the electronic instrument and the environment in which the electronic instrument is operated. The detailed requirements concerning the functional characteristics of the electronic instrument and the environment in which the electronic instrument is to be operated are set out in the Annex to this Decree.
(2) For the purposes of conformity assessment, the functionality of the electronic instrument shall be divided into:
(a) electronic operations not involving the transmission and receipt of tenders
1. sending and receiving data messages;
2. electronic acts of the contracting authority without sending a data message;
3. the conduct of the contracting authority or authority designated by the contracting authority (Commission) with the supplier by means of remote access;
4. the provision of documents by remote access,
(b) electronic operations involving the transmission and receipt of tenders.
(3) The certificate of conformity shall contain at least the following particulars:
(a) the business name or name, registered office, legal form, identification number of the person, if assigned in respect of a legal person, and the business name or surname, place of business or place of permanent residence, if any, identification number of the person, if assigned in respect of a natural person, of the certifying authority which issued the certificate of conformity;
(b) the company or name, registered office and legal form of the operator in the case of a legal person;
(c) the name and surname and, where applicable, the business name and place of business and, where applicable, the permanent residence of the operator, in the case of a natural person;
(d) the identification number of the operator's person, if assigned;
(e) the trade description and version of the electronic instrument;
(f) an indication of the group of electronic operations broken down in accordance with paragraph 2 for which the electronic instrument has been certified in accordance with the requirements laid down in this Decree and the list of electronic operations within that group;
(g) the date of issue of the certificate of conformity;
(h) the period of validity of the certificate of conformity; and
(i) the signature of the person authorised to act on behalf of the certifying authority.
(4) The certificate of conformity may be issued in paper form or in electronic form, with the electronic signature in force of the person authorised to act on behalf or on behalf of the certifying authority.
(5) The certificate of conformity is issued in the Czech language.
(6) Where an operator submits a valid certificate of conformity, it shall demonstrate that, within the scope of the group of electronic operations and the data contained in the certificate of conformity, the electronic instrument operated by it complies with the requirements laid down by the law and this decree.
(7) Where the electronic instrument is operated by a person other than the applicant who has demonstrated compliance and has a valid certificate of conformity, that other person may submit a valid certificate of conformity for such electronic instrument to demonstrate compliance with the requirements laid down by the legislation. In such a case, the electronic instrument meets, within the scope of the group of electronic operations specified in the certificate of conformity, the requirements laid down by law on the functional characteristics of the electronic instrument. However, the submission of a certificate of conformity of another operator cannot demonstrate compliance with the requirements relating to the environment in which the electronic instrument is operated.
Details of the conditions for issuing the certificate of conformity
(1) The applicant shall submit an application for a certificate of conformity to the certifying authority. The applicant shall demonstrate in the application and subsequent certification audit the conformity of the electronic instrument with the requirements laid down by law in relation to the functionality of the electronic instrument and in relation to the environment in which the electronic instrument is operated. The conformity of the electronic instrument shall be demonstrated by the applicant if the electronic instrument meets at least the requirements set out in the Annex to this Decree.
(2) Where an electronic instrument has a valid certificate of conformity in relation to functionality and is operated by a person other than the applicant to whom the certificate of conformity has been issued, that other person, as an applicant to the certifying authority, shall only demonstrate compliance with the requirements in relation to the operational environment in which the electronic instrument is operated, within the meaning of the Annex to this Regulation.
(3) The application for a certificate of conformity must meet at least the requirements laid down in Section 10. In the case referred to in paragraph 2, a valid certificate of conformity issued for an electronic instrument shall be annexed to the application for a certificate of conformity. The certification authority shall issue a certificate of conformity for an electronic instrument where the conformity of the electronic instrument has been established with the requirements set out in the Annex to this Regulation, to the extent that the conformity has been established. The certifying authority shall not be authorised to issue a certificate of conformity for an electronic instrument in addition to the application for a certificate of conformity.
(4) Detailed certification rules are laid down by the certifying authority. The certification rules shall contain at least:
(a) the address for the application for a certificate of conformity;
(b) the content and formality of the application for a certificate of conformity;
(c) a description of the various steps of the certification audit;
(d) the timeliness of the certification audit;
(e) the content and formality of the certification audit output;
(f) the price list of the remuneration for actions carried out by the certifying authority, which shall include at least:
1. the level of remuneration for carrying out the certification audit;
2. the level of remuneration for carrying out the certification audit for the renewal of the certificate of conformity certifying compliance with the environmental requirements referred to in Article 11 (1);
3. the amount of remuneration for the change of certificate as a result of the change in the features or conditions of the electronic instrument referred to in Article 11 (2);
4. the amount of remuneration for changing the scope of the certificate of conformity pursuant to Article 11 (4); and
5. the level of remuneration in the event of the certification body acting in accordance with Article 11 (3);
(g) remedies.
(5) The certification rules are to be published on its website by the certifying authority.
Minimum details of the application for a certificate of conformity
(1) In the application for the issue of a certificate of conformity, the applicant shall indicate his identification details, which are the name, registered office, legal form, identification number, if assigned in respect of a legal person, and the business name or surname, place of business or place of permanent residence, identification number, if assigned in respect of a natural person.
(2) Where the applicant for a certificate of conformity is a person who is not the manufacturer of an electronic instrument, the applicant shall indicate in the application for a certificate of conformity the manufacturer's identification details, which are the trading firm or the name, registered office, legal form, identification number, if assigned in respect of a legal person, and the business name and surname, place of business or permanent residence, if any, the identification number, if assigned in respect of a natural person.
(3) In the application for the issue of a certificate of conformity, the applicant shall indicate the trade mark and the version of the electronic instrument and shall indicate in accordance with Section 8 the group or groups to which the electronic instrument belongs and the list of electronic operations within that group provided by the electronic instrument.
Validity of certificates of conformity
(1) Unless otherwise specified, where an operator demonstrates to the certifying authority the conformity of an electronic instrument with the requirements laid down for functional characteristics of an electronic instrument, the certificate of conformity shall have unlimited validity within the scope of the group of electronic operations and of the data contained in the certificate of conformity relating to the functional characteristics of the electronic instrument. Where the operator demonstrates to the certifying authority the conformity of the electronic instrument with the requirements for the environment in which the electronic instrument is or is to be operated, the certificate of conformity shall be valid for 3 years from the date of its issue, within the scope of the information contained in the certificate of conformity relating to the operational environment. The expiry of that period shall be without prejudice to the validity of the certificate of conformity within the scope of the data relating to the functional characteristics of the electronic instrument. The validity of the certificate of conformity certifying compliance with environmental requirements may be extended for a further period of 3 years at the operator's request, including repeatedly.
(2) If there is a change in the characteristics or conditions of the operation of the electronic instrument compared to those of the electronic instrument on the basis of which the certificate of conformity has been issued and this change could result in failure to demonstrate compliance with the requirements laid down in the legislation to the extent specified, the operator shall notify the certifying authority of this fact within 15 days of the date on which the change took place, at the same time as submitting a proposal for corrective action. Otherwise, the certifying authority shall withdraw the certificate of conformity or change its scope if the change in the features or conditions of the operation of the electronic instrument so permits.
(3) The certifying authority shall also withdraw or amend the certificate of conformity where the operator:
(a) does not meet the conditions for issuing a certificate of conformity; or
(b) use as evidence for the issue of a certificate of conformity documents or information which have proved to be false or incomplete.
(4) The applicant is entitled to submit a proposal to amend the scope of the certificate of conformity. In that case, the operator shall only demonstrate to the certifying authority compliance with the requirements of the amendment.
(5) The applicant is entitled to waive the certificate of conformity. The surrender of a certificate of conformity shall be notified in writing to the certifying authority by the applicant.
FINAL PROVISIONS
Repeal
Decree No. 329 / 2006 Coll., laying down further requirements for electronic means, electronic instruments and electronic procurement operations, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Jankovský v. r.
Annex to Decree No 9 / 2011 Coll.
SPECIFICATIONS OF REQUIREMENTS FOR CONFORMITY OF ELECTRONIC INSTRUMENTS
Content
I. List of abbreviations used
II. Preliminary provisions
1. Subject matter
1.1. Electronic tool management system and related requirements
1.2. Scope of certification of the conformity of the electronic tool in relation to the scope of functionality
1.3. Compliance with which requirements an electronic tool operator must demonstrate for certification purposes
III. Requirements for electronic instruments
2. Technical requirements
2.1 Recording of the electronic operation time (T 1)
2.2 Acquisition of an electronic record (T 2)
2.3 Management of access to assets under procurement procedures (T 3)
2.4 Use of open document formats (T 4)
2.5 Archiving of public procurement documents (T 5)
2.6 Restricted provision of a secure document by remote access (T 6)
2.7 Unlimited provision of a secure document by remote access (T 7)
2.8 Unlimited provision of document by remote access (T 8)
2.9 Sending of the data message within the contracting authority's organisation (T 9)
2.10 Receipt of the data message within the contracting authority organisation (T 10)
2.11 Sending an encrypted data message with an electronic signature (T 11)
2.12 Sending an open data message with an electronic signature (T 12)
2.13 Sending an open data message (T 13)
2.14 Receiving encrypted data messages with electronic signature (T 14)
2.15 Receipt of open data message with electronic signature (T 15)
2.16 Receipt of open data message (T 16)
2.17 Receipt and deposit of bid (T 17)
2.18 Opening of tenders submitted by electronic means (T 18)
2.19 Commission / panel / contracting entity (T 19)
2.20 Electronic document signature (T 20)
2.21 Sending a web service data message (T 21)
2.22 Receiving web service data message (T 22)
2.23 Making the proposal available in the competition for the competition jury (T 24)
2.24 Non-discrimination (T 25)
2.25 Disclosure of information for the use of the electronic tool (T26)
2.26 Ensuring technical support and service of the electronic tool (T27)
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 9 / 2011 Coll., laying down more detailed conditions concerning electronic instruments and acts made electronically in public procurement and details of the certificate of conformity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2011 |
|---|---|
| Effective from | 20.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0