Provisions

Act No. 25/2006 Coll. on public procurement and on amendment and supplementation of certain acts as amended by the following acts: no. 282/2006 Coll., no. 102/2007 Coll., no. 232/2008 Coll., no. 442/2008 Coll., no. 213/2009 Coll., no. 289/2009 Coll., no. 402/2009 Coll., no. 503/2009 Coll., no. 73/2010 Coll., no. 129/2010 Coll., no. 58/2011 Coll., no. 158/2011 Coll., no. 182/2011 Coll., no. 223/2011 Coll., no. 231/2011 Coll., no. 348/2011 Coll., no. 550/2011 Coll., no. 91/2012 Coll., no. 28/2013 Coll. and no. 95/2013 Coll. imposes an obligation on the contracting authority to establish a profile and to publish the information prescribed by law in it. The contracting authority’s obligations are set out in the following provisions:

§ 155m (Transitional provisions to the modifications effective from 1 July 2013) para. 8 of the Public Procurement Act: The contracting authority shall, by the day following the date on which the electronic repository is established and the Authority has complied with its obligation under section 113(1)(a) of Directive 95/46/EC to provide the electronic repository, by the day following the date on which the electronic repository is established. 3 and 4 of the Act on Public Procurement, authorised to fulfil the obligation to publish information and documents to be published in the profile by publishing them on its website http://www.text.domena.

§ 9 (Basic obligations of the contracting authority) para. 9 of the Public Procurement Act: If the contract is for the supply of goods, the execution of works or the provision of a service which does not meet the conditions laid down in Article 4(4)(a) of Regulation (EC) No …. 2 or par. 3 of the Public Procurement Act, the contracting authority shall be obliged to comply with the obligations under paragraphs 3 to 5 when awarding the contract and to ensure that the costs incurred in procuring the subject-matter of the contract are proportionate to its quality and price. Where the estimated value of a contract pursuant to the first sentence is equal to or greater than EUR 1 000, the contracting authority shall publish the award of such a contract in its profile at least three working days before the award of the contract; where the contracting authority is in a time-sensitive situation due to an extraordinary event not caused by the contracting authority which it could not have foreseen, it shall publish the award of the contract at the latest on the day of the award of the contract.

§ 21 (Documentation) para. 2 of the Public Procurement ActThe contracting authority shall draw up a report on each contract, each framework agreement and each establishment of a dynamic purchasing system, which shall form part of the documentation and shall publish it on the profile within ten working days of the date of conclusion of the contract or framework agreement; personal data may be given in the report in the form of the name and surname, business name or business name, address of residence or registered office, identification number or date of birth, if no identification number has been allocated.

§ 41 (Opening of tenders) para. 1 of the Public Procurement Act: At the latest on the day of the opening of the ‘Other’ and ‘Criteria’ parts of the tender, the contracting authority shall publish in the profile information indicating the date of the opening of the relevant part of the tender; without fulfilling this obligation, the opening of tenders cannot take place.

§ 44 (Information on the result of the evaluation of tenders) para. 2 of the Public Procurement ActThe contracting authority shall, after the evaluation of tenders, after the procedure under paragraph 1 has been completed and after all notices of exclusion of a tenderer, candidate or participant have been sent, immediately notify in writing all tenderers whose tenders have been evaluated of the result of the evaluation of the tenders, including the ranking of the tenderers, and at the same time publish information on the result of the evaluation of the tenders and the ranking of the tenderers in the profile.

§ 46 (Cancellation of the procurement procedure used) para. 2 of the Public Procurement Act: If only one tender has been submitted and the contracting authority does not cancel the procurement procedure used, it must publish on the profile a justification for not cancelling the procedure used.

§ 49a (Obligations of the contracting authority to publish information and documents in the profile)

Paragraph 1 The contracting authority shall publish in the profile a breakdown by individual procurement

1. in the case of a tendering procedure, restricted tendering procedure, negotiated procedure with publication, competitive dialogue or concession, the tender documents, for a period of five years from the date of publication of the notice pursuant to Article 50(1)(a) of Regulation (EC) No … 4; this shall not apply in relation to tender documents or parts thereof containing information or documents protected by law,
2. the contract, concession contract, framework agreement and any amendment thereto within seven working days from the date of their conclusion; this shall not apply in relation to the contract, framework agreement, amendment thereto, or parts thereof, which contain information protected under special laws or information which is not disclosed under special laws,
3. a document certifying that goods have been delivered and accepted or services or works have been provided,
4. the amount of the consideration actually paid under the contract or framework agreement, including any amendments thereto, as follows
   1. within 90 days from the date of termination or expiry of the contract or framework agreement,
   2. in the case of a contract or framework agreement concluded for a period of more than one year, in each case also on 31.12.2007 March of the calendar year, for the period of the preceding calendar year,
5. a list of subcontractors, if their mention was a condition of participation in the procurement, as follows
   1. within 30 days from the date of expiry or termination of the contract or framework agreement,
   2. in the case of a contract or framework agreement concluded for a period of more than one year, in each case also on 31.12.2007 January of the calendar year, for the period of the preceding calendar year,
6. information and documents provided for in this Act (they are regulated in § 9(9), § 21(2), § 41(1), § 44(2), § 46(2), § 67(6), § 99(2) of the Public Procurement Act).

Paragraph 2 The Authority (the contracting authority) shall publish in the contracting authority’s profile a breakdown by individual procurement

1. notifications pursuant to § 50 par. 1, 2 and 4 without delay after they are delivered to him; the provisions of Art. 3 and 5 are not affected,
2. all documents and notifications, other than those referred to in paragraph 1 or point (a), which the contracting authority sends to the Authority under this Act; this shall not apply to documents, notifications or parts thereof which are not disclosed under the Act or in relation to which the Act imposes an obligation of confidentiality,
3. a final decision on the imposition of a sanction under this Act and on the imposition of an orderly fine under this Act, immediately after the entry into force of the final decision.

Paragraph 3 In the case of a contract, a framework agreement or an amendment thereto which is published pursuant to law, the obligation pursuant to paragraph 1(1)(a) shall not apply to a contract, a framework agreement or an amendment thereto. (b) may also be fulfilled by the contracting authority by publishing a direct reference to the text of the contract, framework agreement or their amendment, published pursuant to a special regulation.11aa)

Paragraph 4 Tenders from tenderers shall be published in the profile only after the contract, concession contract or framework agreement has been concluded and the call for proposals has been closed. If the procurement procedure and the call for proposals are cancelled, the tenders shall not be published in the profile.

Paragraph. 5) Personal data may be published in the profile in the range of first and last name, business name or title, address of residence or registered office, identification number or date of birth, if no identification number has been assigned.”.

§ 67 para. 6 of the Public Procurement ActA: The contracting authority shall, at the same time as declaring a concession, publish in the profile an analysis containing a comparison of the options considered by the contracting authority before taking the decision to declare a concession, including a quantification of the economic data that led the contracting authority to decide that declaring a concession is more advantageous than awarding the contract in another way under this Act.

§ 99 para. 2 of the Public Procurement Act: The contracting authority is obliged to publish once a quarter in the profile a summary report on contracts pursuant to § 91 par. 1 lit. (a) with a price exceeding EUR 1 000, indicating for each contract in particular: (a) the value of the contract, (b) the subject of the contract, (c) identification of the successful tenderer.