Rector’s Directive No. 27/2016, as amended by Rector’s Directive No. 18/2017 ****************************************************************************************** * ****************************************************************************************** Title: Public Procurement Rules at Charles University To implement: - Date of effect: 1 October 2016 (Rector’s Directive No. 27/2016, as amended by Rector’s Dir ****************************************************************************************** * PUBLIC PROCUREMENT RULES AT CHARLES UNIVERSITY ****************************************************************************************** Under section 10 (1) of Act No. 111/1998 Sb., to regulate higher education institutions an amend other laws (“the Higher Education Act”), as amended (“HEA”), I issue the following d By means of this Rector’s Directive, Charles University (“the University”): determines basic principles for public procurement at the University, and regulates basic procurement at the University with the aim of setting out the procedures compliant with Ac Sb., on public procurement, as amended (“the Public Procurement Act” / “the PPA”), with pr in this Directive, and with University internal regulations; and adopts the basic principles of and rules for public procurement for the purposes of preven contingent criminal activities, consisting particularly in collusion in public procurement bribery connected with public procurement, and in an effort to strengthen ethical and comp of representatives of the University, its employees, and persons in a similar position in public procurement. ****************************************************************************************** * PART I – GENERAL PROVISIONS ****************************************************************************************** *========================================================================================= * TITLE I – BASIC PROVISIONS *========================================================================================= ------------------------------------------------------------------------------------------ Article 1 – The Liability Principle ------------------------------------------------------------------------------------------ Charles University, as an organisation co-financed from public funds, is subject to the PP aware of a possible risk of imposition of criminal liability under Act No. 418/2011 Sb., o liability of legal entities and proceedings against them, as amended, in connection with a field of public procurement, particularly for the crime of arranging an advantage in publi competitive bidding, and public auctions contrary to section 256 of Act No. 40/2009 Sb., t as amended, collusion in public procurement and competitive bidding contrary to section 25 Act, and accepting bribes contrary to section 331 of the Criminal Act. ------------------------------------------------------------------------------------------ Article 2 - Definitions ------------------------------------------------------------------------------------------ 1.‘A procuring entity’ – for the purposes of this Directive, a procuring entity means the and its operational units within the meaning of section 17 (2) of the PPA and Article 15 Constitution of Charles University (“the Constitution”). 2.‘Operational units’ – means the following units of Charles University with independent c public procurement: a.faculties, b.the Rectorate, c.other units whose directors are, as stipulated in the Rules for the Internal Governanc University, entrusted with the management of property. 3.‘An economic operator’ – means any natural or juridical person (or several persons joint of an enterprise) that offers the provision of supplies, services, or works. 4.‘A subcontractor’ – is a person through whom a contractor (an economic operator awarded contract) is to fulfil a particular part of a public contract, or who should provide a c particular thing or right to perform a public contract. 5.‘A participant in a procurement procedure’ – is an economic operator who has submitted e for, or a request to participate in, a procurement or contract award procedure, or who h a preliminary interest under section 58 (5) or section 129 (4) of the PPA, or who has co negotiations with a procuring entity within a procurement procedure. 6.‘An above-threshold public contract’– is a public contract under section 25 of the PPA. 7.‘A below-threshold public contract’ – is a public contract under section 26 of the PPA. 8.‘A small-scale public contract’ – is a public contract, the estimated value of which is, VAT, equal to or lower than CZK 2,000,000 in the case of a public supply contract or a p contract, and CZK 6,000,000 in the case of a public works contract (referred to as “Cont second part hereof). 9.‘A procurement procedure’ – is a binding procedural course of action of a procuring enti public contracts set out in the PPA and in this Directive, the purpose of which is to aw scale public contract, a below-threshold public contract, or an above-threshold public c which is concluded by either entering into a contract or with the cancellation of the pr procedure. The procedure includes the following main stages: the dispatch or publication documentation, the acceptance of tenders, the opening of tenders, the assessment of qual assessment and evaluation of tenders, decisions on the selection of the best tender, the contract, or, as the case may be, the cancellation of the procurement procedure. 10‘A contract award procedure’ – is a narrower term than a procurement procedure and is us of small-scale public contracts. A contract award procedure is thus a procedural course a procuring entity set out in this Directive, the purpose of which is to award a small-s contract, and which is concluded by either entering into a contract or with the cancella contract award procedure. The stages of a contract award procedure are the same as the s procurement procedure. 11‘Preparation of a public contract’ – is a stage before a procurement or contract award p in which the procuring entity’s need, as reflected in draft procurement documentation, i technical specifications, is analysed from the point of view of quality, scope, time of proportionality, efficiency, economy, expediency, and requirements for contractors’ qual at which the estimated value of a public contract is determined. 12‘The Journal of Public Contracts’ – is a part of the Information System regarding public which ensures publication of information about public contracts. 13‘Procuring entity profile’ – is an electronic tool defined in section 28 (i) and (j) of 14‘An electronic marketplace’ – is a web-based application that allows for electronic publ 15‘In writing’ – for the purposes of this Directive, written form means any paper or elect including email or any other similar communication, e.g. via a Data Box, electronic tool marketplace; an electronic signature is not an obligatory requisite. 16‘Other units of the University’ – are higher education institutes, or other establishmen educational, scholarly, research, development, artistic and other creative activities, o provision of information services, as well as special-purpose facilities for cultural an activities, for accommodation and catering of members of the academic community, or for the operation of a school. A list of other units of the University can be found in the R Internal Governance of Charles University (Appendix No. 1 to the Constitution – Rules fo Governance). 17‘A party ordering a transaction’’ – is the head of an organisation (a faculty, the Recto or managerial staff authorised by the head to handle public funds of the organisation. 18‘A manager of the budget’ – is a member of the managerial staff of an organisational uni responsible for the management of the budget of the organisation (a faculty, the Rectora or another employee charged with the management of the budget. ------------------------------------------------------------------------------------------ Article 3 – Types of Public Contracts ------------------------------------------------------------------------------------------ 1.Public contracts are contracts carried out on the basis of a contract for consideration procuring entity and an economic operator under which the economic operator is obliged t supplies, services, or works. What is not considered an award of a public contract is th into a contract which establishes an employment or other similar relationship, or contra cooperation of the procuring entity during the procurement procedure under sections 7-12 and 190 of the PPA. A public contract which must be awarded by a procuring entity in com PPA must be implemented on the basis of a written agreement. 2.Depending on the subject matter thereof, there are the following types of public contrac a.a public supply contract (section 14 (1) of the PPA), b.a public service contract (section 14 (2) of the PPA), c.a public works contract (section 14 (3) of the PPA). 3.Under section 15 of the PPA, should a public contract consist of multiple types of procu awarded in compliance with the rules applicable to the main subject of the contract ------------------------------------------------------------------------------------------ Article 4 – Principles of Public Procurement ------------------------------------------------------------------------------------------ 1.In the course of procuring procedures, a procuring entity must always adhere to the foll principles: 1.the principle of transparency, 2.the principle of adequacy; and in relation to economic operators: 3.the principle of equal treatment, and 4.the principle of non-discrimination. 2.The above listed principles also apply in a case when a procuring entity can award a pub outside the scope of the PPA, or rather, in a case when a public contract is not subject prescribed in the PPA. 3.It also applies that a procuring entity must not restrict participation in a procurement of economic operators that have registered offices in other Member States of the Europea European Economic Area, the Swiss Confederation, or in other states which have concluded agreements with the Czech Republic or the European Union guaranteeing access of economic such states to procurement procedures. ------------------------------------------------------------------------------------------ Article 5 – The Principle of Transparency ------------------------------------------------------------------------------------------ 1.Any public contract must be always awarded in a transparent manner. The main purpose of is to guarantee the utmost possible transparency of the procedure, which substantially c to the reviewability of the entire procedure and to the possibility of having the course inspected. 2.In order to comply with this principle, a procuring entity will inter alia: a.make and maintain written documentation of all significant acts to a sufficient extent it possible to independently review all acts carried out by a procuring entity; b.clearly determine criteria according to which tenders submitted by economic operators assessed, sufficiently in advance of the drafting of tenders themselves; c.properly reason all written decisions. ------------------------------------------------------------------------------------------ Article 6 – The Principle of Adequacy ------------------------------------------------------------------------------------------ According to the principle of adequacy, a procuring entity must set the parameters of a pr procedure in such a way so that they are adequate for the nature and subject of a public c The procuring entity’s requirements should not be, with regard to the subject of a public unreasonably strict or formalistic, nor should they be insufficiently defined. ------------------------------------------------------------------------------------------ Article 7 – The Principle of Equal Treatment ------------------------------------------------------------------------------------------ 1.In the course of a procurement procedure, or rather as early as the preparation-of-the-p a procuring entity treats equally all economic operators who submit or can submit tender 2.In order to comply with this principle, a procuring entity, in connection with the prepa a procurement procedure, therefore accurately defines the conditions therefor so that al operators know in advance how the procedure will be organised, (e.g. whether and for wha number of tenderers will be limited, the exact conditions of such limitation to be fulfi economic operator, or, as the case may be, how the tenders will be evaluated, etc.). ------------------------------------------------------------------------------------------ Article 8 – The Principle of Non-Discrimination ------------------------------------------------------------------------------------------ 1.In the course of public procurement, a procuring entity always proceeds in such a way th does not constitute unjustified discrimination against any economic operator. All condit restrictive nature (qualification requirements, business conditions, other contractual p be substantially related to the subject of a public contract. The procuring entity is th to impose precise conditions for participation in a procurement procedure; however, it c access for other economic operators for reasons which are not materially related to the public contract. 2.A procuring entity consistently applies the principle of non-discrimination not only in to economic operators having a registered office, place of business, or residency in the Republic, but also in relation to foreign economic operators. However, the use of the Cz procurement documentation is not considered a violation of the principle of non-discrimi ------------------------------------------------------------------------------------------ Article 9 – Other Principles ------------------------------------------------------------------------------------------ 1.The purpose of awarding a public contract is to procure goods that a procuring entity ac to ensure the fulfilment of its tasks in such a way that the goods satisfy the needs of (effectiveness), usually at the lowest possible price (economy), or rather at the lowest of utility (efficiency). In essence, the issue is that the procuring entity handles the economically and meaningfully. 2.Effectiveness means such a use of public funds which secures an optimal level of the att objectives when accomplishing set tasks. That is, it reflects the relationship between t objectives and the true impacts of the performed activities (i.e. whether the need that activity was satisfied). 3.At a preparatory stage of public procurement, a procuring entity satisfies the principle effectiveness particularly through an accurate determination of the subject of a public the case may be, of technical and business conditions. 4.Economy means such a use of public funds when ensuring the fulfilment of tasks which ent possible expenditure of the entrusted funds, and at the same time the adequate quality o performed. In other words, economy concerns the minimisation of costs (be they financial or material) of the fulfilling of the entrusted tasks while maintaining the required qua performed tasks. Adherence to the principle of economy thus precludes expending funds on do not contribute to the attainment of the objectives set. 5.When adhering to the economy criterion, a procuring entity must take into consideration primary costs (acquisition costs) but also operational costs. The total thereof (factori value of money) can be referred to as life-long costs. 6.Efficiency refers to the use of public funds that achieves the maximum possible scope, q benefit of the tasks performed compared to the volume of resources expended on their per This is the relationship between inputs (costs) and outputs (goods, services, or other a Efficiency leads to the optimisation of funds used to ensure the fulfilment of tasks. 7.Employees participating in the preparation and processing of a public contract are oblig competently assess, taking all circumstances and technical conditions into consideration a public contract, from the point of view of the classification under the PPA, the contr is, and in the case of doubts or ambiguousness, to award a public contract in compliance procedure (pursuant to the PPA). 8.During market research or a preliminary market consultation stage, a procuring entity ma there is not a sufficient number of economic operators capable of rendering the required such a case, the procuring entity may decide to divide a public contract into several lo 9.When determining the evaluation criteria, a procuring entity will also determine evaluat so that the sub-criteria represent the relationship between the utility value and the pr 10A procuring entity communicates with economic operators usually in writing. ------------------------------------------------------------------------------------------ Article 10 – Determination of the Subject of a Public Contract ------------------------------------------------------------------------------------------ 1.A procuring entity will determine the subject of a single public contract in such a way of one contract is: a.all fulfilments the performance of which constitutes a single functional whole, or b.all similar and interconnected fulfilments, where interconnected fulfilments are the o interrelated in terms of territory, subject, and time. 2.In determining the subject of one public contract, a procuring entity must not favour or certain economic operators or goods by setting technical specifications by direct or ind to a particular operator or goods, or to patents for inventions, utility designs, indust trademarks, or appellations of origin. A reference under the previous sentence can be ma determination of the subject of a public contract cannot be sufficiently accurate or com When such a reference is made, a procuring entity must stipulate the possibility of offe equivalent solution. ------------------------------------------------------------------------------------------ Article 11 – Determination of the Estimated Value of a Public Contract ------------------------------------------------------------------------------------------ 1.When determining the estimated value of a public contract, a procuring entity proceeds i with sections 16 – 23 of the PPA. 2.A procuring entity is obliged to add up the estimated values of public contracts, the su which are regularly acquired or continuous supplies or services under section 19 of the exception of public contracts which have as the object of fulfilment things the unit pri changes in the course of an accountancy period, and the procuring entity procures them r according to its current needs. 3.A procuring entity can divide a public contract into multiple lots, provided that it doe obligations prescribed in the PPA (particularly the obligations set in sections 16 – 23 the procuring entity intends to award multiple lots of a public contract in one procurem it will determine the scope of those lots and set the rules for the participation of eco in individual lots and for the award thereof. ------------------------------------------------------------------------------------------ Article 12 – Relevant Legislation ------------------------------------------------------------------------------------------ 1.Public procurement at the University is carried out under this Directive, and in complia legislation of the Czech Republic, namely the effective PPA; regulations governing the h budget funds (e.g. Regulation No. 560/2006 Sb., on the participation of the state budget asset renewal programmes); Act No. 340/2015 Sb., the Register of Contracts Act, as amend for relevant grants programmes if a public contract is co-financed therefrom. 2.Under Act No. 320/2001 Sb., on financial audit in public administration and to amend som as amended (“Act No. 320/2001 Sb.”), a procuring entity must adhere to the principles of efficiency, and effectiveness when disposing of public funds. 3.In the case of a public contract financed partly or wholly from the programme financing budget, a procurement procedure can only be commenced after the administrator of the pro in compliance with Regulation No. 560/2006 Sb., on the participation of the state budget asset renewal programmes, registered the project in the information system and set the c the participation of the state budget in the subsequent preparation, award, and implemen project, or, as the case may be, after other or additional conditions set by the program have been satisfied. ------------------------------------------------------------------------------------------ Article 13 – Public Contracts Co-financed from the European Union Budget ------------------------------------------------------------------------------------------ 1.In public procurement for projects co-financed, or presumptively co-financed, from forei from the budget of the European Union, a contracting unit also proceeds in compliance wi for the provision of relevant foreign funds, e.g. in compliance with European Union rule 2.Should this Directive conflict with established European Union rules, or with other simi (particularly with operational programmes rules), a procuring entity is obliged to follo regulation. 3.If a public contract is fully financed from foreign funds (100%), a procuring entity pro compliance with the rules set for the provision of those foreign funds. This Directive d such a situation. *========================================================================================= * TITLE II – COMPETENCES OF PERSONS ACTING ON BEHALF OF THE UNIVERSITY *========================================================================================= ------------------------------------------------------------------------------------------ Article 14 – Acting on Behalf of the University ------------------------------------------------------------------------------------------ 1.The following persons represent the University and make decisions on its behalf regardin procurement: a.the Rector, within the scope of Article 50 (a) of the Constitution, that is particular of public contracts on the grounds of which the following juridical acts are performed i.acts through which the University intends to acquire or transfer the ownership of im iiacts through which the University intends to acquire or transfer the ownership of mo value of which is higher than five hundred times the amount from which things are co tangible assets according to a special regulation, b.as well as in matters which he reserves for himself in a directive he issues; c.a dean, or, as the case may be, the secretary of a faculty, within the scope of Articl Constitution, provided the costs of a public contract are paid from the faculty’s own d.a director of another unit of the University which is, according to the Rules for the Governance of Charles University, entrusted with the management of property, within th Article 50 (d) of the Constitution, provided the costs of public procurement are paid unit’s own funds; e.the Bursar, regarding matters that are not reserved for persons listed in subparagraph hereof. 2.With respect to matters where a prior approval by the Board of Trustees of Charles Unive required under section 15 of the HEA, a draft public contract on the basis of which the contract is to be concluded must be submitted for preliminary consideration by the Acade Charles University and by the Board of Trustees of Charles University prior to public pr 3.The prior written approval of the Rector, or the Bursar, under Article 50 (1) (c) (iii) (1) (d) (iii) of the Constitution can be granted within the framework of the preliminary public contract in compliance with Article 17 hereof. ´ ------------------------------------------------------------------------------------------ Article 15 – A Contracting Unit ------------------------------------------------------------------------------------------ 1.A contracting unit is a unit of a faculty, Rectorate, or another unit of the University competent to arrange for supplies, services, or works which should be the subject of a p or which needs the fulfilment following from a public contract to secure the performance tasks. 2.A contracting unit must secure funding for a public contract. 3.A contracting unit is in particular responsible for the determination of material and pr parameters of public procurement. ------------------------------------------------------------------------------------------ Article 16 – Units for Public Procurement ------------------------------------------------------------------------------------------ 1.Units for public procurement at faculties and other workplaces of the University are Pub Offices, other similar departments, or employees competent to prepare, organise, and adm procurement at the faculties or other units of the University. 2.At the Rectorate, a unit responsible for public procurement is the Public Procurement De controls, in terms of methods used, and co-ordinates the activities of contracting units of public procurement. It ensures the preparation, organisation, and administration of p for the units of the Rectorate. The Public Procurement Department also provides methodol advisory activities in the field of public procurement for faculties and other units of 3.A unit for public procurement ensures, in co-operation with a contracting unit, the prep organisation, and administration of public procurement. 4.A unit for public procurement is in particular responsible for the compliance of procure documentation and procurement procedures with the PPA and this Directive. 5.Specific relationships between contracting units and units for public procurement are de senior officer listed in Article 14 (1) (b) hereof, in the case of individual faculties of the University, and by the Bursar, in the case of the Rectorate and units the directo not entrusted with the management of property. ------------------------------------------------------------------------------------------ Article 17 – Preliminary Approval of a Public Contract ------------------------------------------------------------------------------------------ 1.The senior officers listed in Article 14 hereof always approve, prior to the commencemen procedures, a “Preliminary Approval of a Public Contract” (the “Preliminary Approval”). the Preliminary Approval are set out in Annex 1 hereof. 2.A contracting unit is not entitled to commence a procurement procedure without the Preli 3.The senior officers listed in Article 14 hereof always decide on the selection of an eco (tender), on the cancellation of the procurement procedure, and they conclude a contract 4.Persons entitled to take and approve other steps in the course of a procurement procedur contracting units or, as the case may be, heads of units for public procurement. 5.The senior officers listed in Article 14 hereof are always entitled to reserve for thems of any acts to be carried out within a procurement procedure, or to reserve for themselv making regarding all acts within a respective contract. 6.Paragraphs (1) – (3) of this Article apply to small-scale public contracts, below-thresh contracts, and above-threshold public contracts. This is not to the prejudice of paragra Article. 7.In the case of small-scale public contracts of Categories I and II (under Article 22 her be awarded by a procuring entity in any formalised procurement procedure, a contracting apply for the written approval of the party ordering the transaction and of the manager prior to the commencement of a procurement procedure. In such a case it is also possible the Preliminary Approval so as to obtain the required written approval. *========================================================================================= * TITLE III – INDEPENDENT, UNIVERSITY-WIDE, AND CENTRALISED PUBLIC PROCUREMENT AT CHARLES *========================================================================================= ------------------------------------------------------------------------------------------ Article 18 – Independent Public Procurement ------------------------------------------------------------------------------------------ 1.Unless otherwise provided for in the Constitution or this Directive, faculties, the Rect units of the University entrusted with the management of property are regarded as operat independent competences in public procurement within the meaning of section 17 (2) of th thus determine the estimated value of a public contract at their level without it being up preliminary values of public contracts regular in nature across the University. In co Article 19 hereof, the Rector, or the Bursar, is entitled to restrict this right in indi 2.The awarding of individual public contracts is carried out by the relevant faculties, th other units of the University for their own needs or in order to perform tasks entrusted faculties, Rectorate and other units of the University have separate financial means ear serve to cover their public contracts. ------------------------------------------------------------------------------------------ Article 19 – University-wide Public Procurement ------------------------------------------------------------------------------------------ 1.In individual cases, the Rector may stipulate that a public contract be awarded as a uni one. In such a case, the right of the faculties referred to in Article 18 hereof is rest public procurement will be carried out with the estimated value of a public contract tot the entire University. 2.Public contracts with a university-wide impact are usually awarded by the Rectorate; a f another unit of the University may be charged with the preparation and/or awarding of a When awarding a university-wide public contract, operational units do not conclude a wri on the centralised public procurement. Should such a contract be co-financed from facult procurement documentation must be discussed with the faculties and other units of the un to the commencement of a procurement procedure. ------------------------------------------------------------------------------------------ Article 20 – Centralised Public Procurement ------------------------------------------------------------------------------------------ 1.Faculties, the Rectorate, and other Units of the University may, on the proposal of any on a centralised public procurement for the purchase or change of certain commodities (s services). In such a case they will conclude a written agreement. 2.The Rector or Bursar may determine the commodities suitable for centralised procurement. 3.An entity acting as a central procuring entity is usually the Rectorate. Should not the participate in the centralised procurement, the central procuring entity acting is a fac unit of the University which has proposed the respective public contract. In the case of procurement, a contracting unit under Article 15 of this Directive of the central procur proceeds in co-operation with units for public procurement under Article 16 hereof in co the provisions of this Directive with the necessary modifications. 4.The central procuring entity: a.will either procure supplies or services based on a procurement procedure, and will su render them to faculties or other units of the University at the same price, or b.will carry out a procurement procedure on the basis of which faculties or other units University will buy supplies, services, or works at their own expense. ****************************************************************************************** * PART II – PUBLIC PROCUREMENT RULES FOR SMALL-SCALE PUBLIC CONTRACTS ****************************************************************************************** *========================================================================================= * TITLE I – GENERAL PROVISIONS ON THE AWARDING OF SMALL-SCALE PUBLIC CONTRACTS *========================================================================================= ------------------------------------------------------------------------------------------ Article 21 – Public Contracts Subject to the Rules for the Awarding of Small-scale Public ------------------------------------------------------------------------------------------ A procuring entity is obliged to award small-scale public contracts making use of the proc in this Part II of this Directive. However, a procuring entity does not have to use the pr in this Part II to award small-scale public contracts which satisfy the conditions allowin an exemption from the applicability of the Act under sections 29 and 30 of the PPA, or to procedure without prior publication under sections 63 - 66 of the PPA, nor to award public are based on a framework agreement. ------------------------------------------------------------------------------------------ Article 22 – Categories of Small-scale Public Contracts ------------------------------------------------------------------------------------------ 1.For the purposes of this Directive, small-scale public contracts are divided into the fo categories: Public Contract Estimated Value of a Public Supply and ServEstimated Value of a Pub Category (without VAT) (without VAT) Category I CZK 0 – CZK 100,000 CZK 0 – CZK 200,000 Category II CZK 100,000.01 – CZK 400,000 CZK 200,000.01 – CZK 2,0 Category III CZK 400,000.01 – CZK 2,000,000 CZK 2,000,000.01 – CZK 6 2.Faculties, the Rectorate, and other units of the University entrusted with the managemen are entitled to issue their own internal regulations, or as the case may be, a dean’s di deal with small-scale public contracts of Category I and Category II which can regulate awarding such public contracts differently from Part II and Part III hereof. The interna a faculty, the Rectorate, or another unit of the University must ensure that procedures of Category I and Category II small-scale public contracts comply with the principles of efficiency, and effectiveness, as well as with the basic principles of public procuremen 6 of the PPA. In such a situation, Part II and Part III hereof do not apply to a given f Rectorate, or another unit of the University. *========================================================================================= * TITLE II – PROCEDURES FOR THE AWARDING OF SMALL-SCALE PUBLIC CONTRACTS OF CATEGORY I *========================================================================================= ------------------------------------------------------------------------------------------ Article 23 – Types of Contract Award Procedures ------------------------------------------------------------------------------------------ A procuring entity can realise a Category I public contract in the following ways: a.by way of an ordinary purchase paid for in cash or by payment card, or by way of directl fulfilment; or b.by way of sending an invitation to submit a quotation to one economic operator in which fulfilment is determined, and possibly including other conditions of performance, unless unit already has the up-to-date quotation available; or c.in an electronic marketplace; or d.by way of a procedure applicable for Category II or Category III public contracts; in su rules stipulated in Title IV of this Part apply with necessary modifications, having reg subject and estimated value of a public contract; or e.in any other suitable way, provided that the principles set out in section 6 of the PPA *========================================================================================= * TITLE III - PROCEDURES FOR THE AWARDING OF SMALL-SCALE PUBLIC CONTRACTS OF CATEGORY II *========================================================================================= ------------------------------------------------------------------------------------------ Article 24 – Types of Contract Award Procedures ------------------------------------------------------------------------------------------ A procuring entity can realise a Category II public contract in the following ways: a.by way of directly ordering the fulfilment based on market research carried out pursuant hereof; or b.in an electronic marketplace; or c.by way of a procedure applicable for Category III public contracts; in such a case the r in Title IV of this Part apply with necessary modifications, having regard for the subje value of a public contract; or d.in any other suitable way, provided that it is properly justified in writing, that it ha to beforehand in writing by a relevant senior officer listed in Article 14 (1) (b) hereo person authorised thereto by said senior officer, and that the basic principles set out the PPA are adhered to. ------------------------------------------------------------------------------------------ Article 25 – Market Research ------------------------------------------------------------------------------------------ 1.Market research under Article 24 (1) (a) hereof is conducted by a procuring entity based of tenders submitted by at least three economic operators that are, according to the inf procuring entity has, capable of providing the required fulfilment. The procuring entity carry out the research repeatedly if it approaches the same circle of economic operators justified by the subject of fulfilment of a public contract or by other special circumst the case may be, by the cancellation of the previous procurement procedure. 2.Market research carried out by a procuring entity has to be recorded in writing and it h follow from it that the tenders that were being compared were mutually comparable. Tende mutually comparable if they include, for example, a different scope of fulfilment, diffe technical parameters, or considerably different business conditions that have an impact advantageousness of the tenders, i.e. the length of guarantee, the date and place of del amount of a contractual penalty for late payment, or the scope of supplied accessories, 3.A procuring entity will carry out the examination of tenders submitted by a lower number operators than prescribed in paragraph 1 of this Article if the prescribed number cannot for objective reasons (e.g., there is only one supplier of the object of a public contra method is inconvenient for other reasons. The procuring entity will make a written recor includes justification for approaching a lower number of economic operators. *========================================================================================= * TITLE IV - PROCEDURES FOR THE AWARDING OF SMALL-SCALE PUBLIC CONTRACTS OF CATEGORY III *========================================================================================= ------------------------------------------------------------------------------------------ Article 26 – Types of Contract Award Procedures ------------------------------------------------------------------------------------------ 1.A procuring entity can realise a Category III public contract in the following ways: a.by way of an open call for tenders; or b.by way of a restricted call for tenders; or c.in an electronic marketplace. 2.In the case of an open call, a procuring entity notifies an unlimited number of economic a contract notice, of its intention to award a public contract in a respective procureme publication of an open call noticeis an invitation to economic operators to submit tende notice will remain published for the entire time limit for the receipt of tenders: a.on the procuring entity’s profile, or b.in the Journal of Public Contracts. 3.Upon the publication thereof, a procuring entity may dispatch a contract notice under pa this Article to certain economic operators; in such a case, the notice has to be dispatc three economic operators. 4.In the case of a restricted call, a procuring entity invites at least five economic oper tenders. The procuring entity will only invite such economic operators about whom it kno are capable of the provision of the required fulfilment. The procuring entity cannot rep the same circle of economic operators unless it is justified by the subject of performan special circumstances, or, as the case may be, by the cancellation of a previous procure 5.A procuring entity will invite a lower number of economic operators than prescribed in p this Article to submit tenders if the prescribed number cannot be observed for objective there is only one supplier of the object of a public contract). The procuring entity wil record thereof which includes justification for approaching a lower number of economic o 6.If the object of a public contract allows for it, a procuring entity can award the publi electronic marketplace. In such a case it proceeds in compliance with Article 42 hereof. ------------------------------------------------------------------------------------------ Article 27 – Award Criteria ------------------------------------------------------------------------------------------ 1.An open call notice, restricted call notice, or information published in an electronic m Public Contract Notice”) must include the key information about the public contract and procedure. The Public Contract Notice must include at least the following information: a.identification of the procuring entity; b.title of the public contract; c.type of public contract (supply, service, or works); d.description of the subject of the public contract in details necessary for the prepara tender; e.time and place of performance of the public contract; f.requested method of preparation of a bid price; g.conditions and requirements for the drafting of a tender, i.e., what information regar of the public contract and its implementation the tenderers should include in their te the procuring entity can assess the compliance of a tender with the procurement docume requirement that a draft agreement on the implementation of the public contract be sub it is a part of the procurement documentation; h.deadline and place for the submission of tenders; i.the mode of negotiating with tenderers, provided that the procuring entity intends to them under Article 29 hereof; j.the fundamental assessment criterion, which is the economic advantageousness of a tend k.the mode of evaluation according to award criteria; l.requirements for tender variants, provided that the procuring entity allows them; m.information regarding the provision of clarifications of the procurement documentation Article 28 (3) and (4) hereof. 2.The procurement documentation can also include the following: a.requirements regarding proof of tenderers’ qualifications, if set out by the procuring b.business conditions, including payment conditions or a binding template of an agreemen implementation the public contract; c.requirements regarding the specification of possible subcontractors (identification da matter determination of fulfilment rendered by such subcontractors; d.information regarding the possibility to assess a tender from the point of view of an bid price within the meaning of section 113 of the PPA; e.a warning that the procuring entity has the right not to select any tender, or to canc procurement. 3.A senior officer listed in Article 14 (1) (b) hereof can set out templates of agreements conditions for individual faculties and other units of the University. The Bursar can se templates for the Rectorate and units, the directors of which are not entrusted with the property. The faculties and other units of the University can make use of the templates Rectorate by the Bursar. 4.If a procuring entity directly approaches economic operators within the framework of a r open call for tenders, it always does so in writing. The procuring entity must be able t dispatch of a notice to all economic operators who are being invited to submit tenders. 5.A procuring entity communicates with economic operators, or tenderers, in writing. The p cannot allow the submission of tenders via e-mail. ------------------------------------------------------------------------------------------ Article 28 – Time Limit for the Submission of Tenders and Clarification of Procurement Doc ------------------------------------------------------------------------------------------ 1.A procuring entity will always set a time limit for the submission of tenders, having re subject of the public contract, in the procurement documentation by way of setting a dea the tenders are to be submitted. The time limit set out pursuant to this Directive begin following the date on which an event relevant for its commencement occurred. A relevant publication of a contract notice / dispatch of an invitation to tender. 2.The time limit for the submission of tenders cannot be shorter than five weekdays. 3.A procuring entity may provide clarification of the procurement documentation, provided operator has delivered a written request therefor no later than: a.three days before the expiration of the time limit for the submission of tenders, wher entity has set the time limit for the submission of five weekdays; b.four weekdays before the expiration of the time limit for the submission of tenders, w procuring entity has set the time limit for the submission between six to nine weekday c.five weekdays before the expiration of the time limit for the submission of tenders, w procuring entity has set the time limit for the submission between ten to fourteen wee d.six weekdays before the expiration of the time limit for the submission of tenders, wh procuring entity has set the time limit for the submission of tenders of fifteen or mo 4.A procuring entity can provide clarification of the procurement documentation even witho request. 5.A procuring entity will dispatch the clarification of the procurement documentation, or associated documents, no later than: a.one weekday after the receipt of a request under the previous paragraph, in cases wher for the submission of tenders of five weekdays was set; b.two weekdays after the receipt of a request under the previous paragraph, in cases whe limit for the submission of tenders between six to nine weekdays was set; c.three weekdays after the receipt of a request under the previous paragraph, in cases w limit for the submission of tenders between ten to fourteen weekdays was set; d.four weekdays after the receipt of a request under the previous paragraph, in cases wh limit for the submission of fifteen or more weekdays was set. 6.A procuring entity will dispatch the clarification of the procurement documentation, inc verbatim request under paragraph 3 of this Article, simultaneously to all tenderers whom within the framework of a restricted call for tenders, or it will publish the clarificat procurement documentation, including the verbatim request, in the same way in which it p open call notice, or it will attach them to the procurement documentation in an electron 7.If a procuring entity makes changes to the procurement documentation (through clarificat procurement documentation), it will reasonably prolong the deadline for the submission o having regard to the nature of the change made. In the case of such a change in the proc documentation that may widen the circle of potential economic operators in an open call the procuring entity will postpone the deadline for the submission of tenders so that th for the submission as of the date of the change is equal to the total of the original ti submission. ------------------------------------------------------------------------------------------ Article 29 – Negotiations over the Tenders ------------------------------------------------------------------------------------------ 1.A procuring entity may reserve the right in the procurement documentation to negotiate o submitted tenders with the participants in the procurement procedure. In such a case, it stipulate the following in the procurement documentation: a.the mode and principles of negotiations over tenders with the participants in the proc procedure; b.the method of selecting participants in the procurement procedure for the subsequent n if the procuring entity decides to gradually reduce the number of participants in the procedure under paragraph 8 of this Article over whose tenders the procuring entity wi individual stages. 2.After the opening, assessment, and evaluation of tenders pursuant to Article 30 hereof, entity will notify in writing all participants in the procurement procedure -- who have excluded and whose tenders have been evaluated -- of the preliminary result of the evalu tenders. Along with notice of the preliminary result of the evaluation of the tenders, t entity will invite in writing said participants in the procurement procedure to undergo negotiations over their tenders, and it will set the date, place, and language of negoti 3.A procuring entity has the right to negotiate with the participants in the procurement p about all conditions of performance contained in the tenders, particularly about the con are subject to evaluation. The procuring entity cannot change the award conditions in th negotiating over the tenders. 4.A procuring entity can authorise the evaluation committee, or some of its members, or an conduct negotiations. 5.In the course of negotiations, a procuring entity cannot communicate to any participants procurement procedure any information regarding the tender of another participant in the without prior consent of such participant, except the current amount of the bid price an critical to the evaluation. 6.A procuring entity can negotiate over the tenders with all participants in the procureme simultaneously or individually. 7.A procuring entity prepares a report on each negotiation over tenders in which it includ agreements that can lead to a change of a tender or draft agreement (“the Report on Nego The Report on Negotiation is signed by the procuring entity and a participant, or partic procurement procedure who took part in the negotiation. 8.Upon the closing of each stage of negotiations, a procuring entity will determine the or participants in the procurement procedure based on the results of the negotiation. The p determines the order of the participants in the procurement procedure based on the award order is always determined on the basis of all evaluation criteria. The procuring entity to draft a report on the determination of the order of the participants in the procedure states the results of negotiations over the tenders, the order of the participants in th procedure, and information about which participants in the procurement procedure it will in the subsequent stage (“the Report on the Final Evaluation Result”). The procuring ent to dispatch the Report on the Final Evaluation Result without undue delay to all partici procedure with whom the negotiation at any given stage was conducted. 9.Prior to the commencement of any stage of negotiations, a procuring entity can notify th in the procurement procedure that the given stage is the final one; the procuring entity on this in writing at any time with all participants in the procurement procedure. ------------------------------------------------------------------------------------------ Article 30 – Opening, Assessment, and Evaluation of Tenders ------------------------------------------------------------------------------------------ 1.Opening, assessment, and evaluation of tenders is carried out by: a.a procuring entity, or a person authorised to act on behalf of the procuring entity un (1) hereof, or a person authorised to carry out acts in the procurement procedure unde hereof; or b.a person authorised thereto in writing by the procuring entity (or by a person authori behalf of the procuring entity under Article 14 (1) hereof, or by a person authorised acts in the procurement procedure under Article 17 (4) hereof); or c.an evaluation committee comprising at least three members. 2.The composition of the evaluation committee is proposed by the unit for public procureme co-operation with a procuring entity, and it is approved by the head of the procuring en one member of the evaluation committee is an employee of the unit for public procurement one is an employee of the procuring entity. A particular way of constitution of the eval can be stipulated for individual faculties and other units of the University by a senior in Article 14 (1) (b) hereof, and for the Rectorate and units, the directors of which ar with the management of property by the Bursar. 3.Where it is justified by the subject of a public contract, a person evaluating tenders, member of the evaluation committee, must have relevant expertise relating to the subject contract. 4.A report has to be drafted on the opening, assessment, and evaluation of tenders which c information regarding the assessment and evaluation of the tenders: a.a list of tenders received, including the identification information of participants i procurement procedure; b.a list of participants in the procurement procedure invited to complement / clarify th provided they were invited to do so; c.a list of excluded tenders, if any, and justification for their exclusion; d.a description of the mode and justification of the evaluation of tenders if the key ev criterion is the economic advantageousness of a tender; e.the result of the evaluation. 5.Tenders cannot be opened sooner than prior to the expiration of the time limit for the r tenders. Only tenders that have been submitted within the time limit for the receipt of opened. 6.The opening of a tender submitted electronically means making its content accessible. Te electronically must not be made accessible prior to the expiration of the time limit for tenders. Only tenders submitted within the time limit for the receipt of tenders are ope 7.Persons who assess and evaluate tenders, or any invited experts, must not be in conflict within the meaning of section 44 of the PPA and must keep confidential all information t the course of the assessment and evaluation of the tenders. Prior to the assessment and the tenders they must declare in writing, in the form of an affidavit, that they are not interest and that they undertake to keep confidential all information they will learn of with the assessment and evaluation of the tenders. 8.After the opening of tenders, a procuring entity, the evaluation committee, or an author will assess the tenders. The assessment of tenders consists in the assessing of whether satisfied procurement documentation requirements. 9.When assessing tenders, a procuring entity, the evaluation committee, or an authorised p assesses whether a tender which contains an abnormally low bid price has been submitted. 10If a procuring entity, the evaluation committee, or an authorised person assesses a bid by a participant as an abnormally low one, it will invite the participant in the procure to provide reasons in writing for those parts of the tender which are critical to the he price. After the provision of the reasons in writing for the abnormally low bid price, t in the procurement procedure can be invited to a meeting to explain the presented reason 11If a procuring entity, the evaluation committee, or an authorised person does not find s grounds that would justify the abnormally low bid price, neither after it has received r in writing therefor from the tenderer nor after any possible explanation provided by the thereafter, the respective tender can be excluded. 12If a tender is found to be unclear or incomplete, a tenderer can be invited to complemen When complementing or clarifying tenders, the bid price and/or facts and information tha assessment cannot be changed. 13If a participant in the procurement procedure fails to complement or clarify the tender reasonable time frame, or the procuring entity does not waive the late complementing or the respective tender must be excluded. 14The evaluation of tenders is conducted by a procuring entity, the evaluation committee, person according to the evaluation criteria listed in the procurement documentation. The economically advantageous tender will be evaluated as the best tender. The evaluation of be carried out before they are assessed; in such a case, at least the tender which was s tenderer with whom a contract is to be concluded will be assessed. In such a case, this provided in a report pursuant to paragraph 4 of this Article. 15A procuring entity will take a decision regarding a new assessment and evaluation if it that the evaluation committee, or an authorised person, breached the procedure set out h procuring entity can either establish a new evaluation committee in order to carry out a and evaluation of tenders or authorise another person thereto, or it will conduct a new evaluation by itself. ------------------------------------------------------------------------------------------ Article 31 – Conclusion of a Contract with a Selected Economic Operator ------------------------------------------------------------------------------------------ 1.It applies, unless otherwise provided for herein, that a procuring entity can only concl with a participant in the procurement procedure who has submitted the best tender (“the Economic Operator”). If the Selected Economic Operator refuses to conclude a contract wi entity, or if it does not sufficiently co-operate therewith, the procuring entity can co contract with the participant in the procurement procedure who ranked as next. The procu can use the procedure under the previous sentence repeatedly. The contract must be concl compliance with the conditions of the procurement procedure and the selected tender. Wha insufficient co-operation is the fact that the Selected Economic Operator does not react i.e. in paper form or electronically, to calls by the procuring entity. If the Selected Operator has not provided sufficient co-operation, the procuring entity will prove this in the form of an affidavit. 2.The procuring entity cannot conclude a contract a.with the Selected Economic Operator if the tender of the Selected Economic Operator wa with the participation of an employee of the procuring entity, the executive body of t entity or its member, a member of the managing body of the procuring entity, a member implementation team, or a person who participated in the award of a public contract ba contractual relationship; or b.with the Selected Economic Operator – a member of a consortium – who is an employee of entity, or a member of the implementation team, or a person who participated in the aw respective public contract based on a contractual relationship; or c.with the Selected Economic Operator whose subcontractor is a person who participated i of the respective public contract based on a contractual relationship, particularly an procuring entity, or a member of the implementation team. 3.The contract must be concluded in writing and it must contain at least the elements list hereof. 4.A procuring entity must not allow a substantial change of rights and obligations followi concluded public contract. When deciding whether a change is substantial or not, section the PPA apply with the necessary modifications. ------------------------------------------------------------------------------------------ Article 32 – Contract Award Notice ------------------------------------------------------------------------------------------ 1.All participants in the procurement procedure who submitted their tenders within the tim receipt of tenders and whose tender was not excluded from the procurement procedure must of the result of the procurement procedure without undue delay. A contract award notice at least the following information: the identification of the participants in the procur whose tenders were evaluated, the result of the evaluation of tenders from which the ord tenders clearly follows. The notice must be sent in writing. 2.If a procuring entity reserved this right in a contract notice, it can publish a contrac and possible notice of the exclusion of a tender from the procurement procedure, in the which it published a contract notice. In such a case both a contract award notice and a of the exclusion of a tender from the procurement procedure is deemed as delivered to al in the procurement procedure concerned at the moment of publication. ------------------------------------------------------------------------------------------ Article 33 – Cancellation of the Procurement Procedure ------------------------------------------------------------------------------------------ 1.A procuring entity is entitled to cancel a procurement procedure, however, no later than conclusion of a contract. The procuring entity is obliged to notify in writing and witho all participants in the procurement procedure who have filed their tenders within the ti receipt of tenders of the cancellation of the procurement procedure. 2.If the procurement procedure is cancelled during the time limit for the receipt of tende procuring entity will publish the information about the cancellation of the procurement same way in which it commenced the procurement procedure. *========================================================================================= * PART III – SELECTED RULES FOR THE AWARDING OF BELOW-THRESHOLD AND ABOVE-THRESHOLD PUBLIC *========================================================================================= ------------------------------------------------------------------------------------------ Article 34 – Limits and Recommended Procedures ------------------------------------------------------------------------------------------ 1.When awarding below-threshold public contracts (i.e. CZK 2,000,000 - CZK 5,706,000 witho case of supply and service contracts, and CZK 6,000,000 – 142,668,000 without VAT in the contracts) and above-threshold contracts (i.e. contracts exceeding, without VAT, CZK 5,7 case of supply and service contracts, and CZK 142,668,000 in the case of works contracts entity proceeds pursuant to the PPA, with the exception of cases stipulated in sections PPA, in which case the procuring entity is not obliged to award public contracts accordi 2.The limits stipulated in paragraph 1 always apply at the rate determined in a special le 3.The Bursar, or, upon commissioning by the Bursar, the Public Procurement Department, can recommended courses of action for individual types of frequently used procurement proced recommended courses of action serve as a guideline and are not binding on a procuring en ------------------------------------------------------------------------------------------ Article 35 – Types of Procurement Procedures ------------------------------------------------------------------------------------------ 1.When awarding a below-threshold or above-threshold public contract, a procuring entity c procurement procedures listed in section 3 of the PPA, namely: a.a simplified below-threshold procedure, b.an open procedure, c.a restricted procedure, d.a negotiated procedure with prior publication, e.a negotiated procedure without prior publication, f.a competitive dialogue, g.an innovation partnership procedure, h.a concession award procedure, or i.a procedure to award a public contract in a simplified regime. 2.A procuring entity can only employ a simplified below-threshold procedure, negotiated pr prior publication, negotiated procedure without prior publication, competitive dialogue, partnership procedure, concession award procedure, or a procedure to award a public cont simplified regime under the conditions stipulated for the individual types of public pro procedures in the PPA. ------------------------------------------------------------------------------------------ Article 36 – Preliminary Market Consultation ------------------------------------------------------------------------------------------ 1.A procuring entity is entitled to conduct market consultations with experts or economic a view to preparing procurement documentation and informing economic operators of its pr and requirements. 2.However, such consultations must not distort competition. 3.Market consultations are conducted in writing; unless otherwise provided for in the PPA, consultation may also be conducted, provided that its contents are sufficiently document by way of minutes, sound recordings, or summaries of key points of communication. 4.If the procurement documentation then contains information that results from the prelimi consultation, a procuring entity will indicate such information in the procurement docum will identify persons involved in the preliminary market consultation, and it will state information that was the subject of the preliminary market consultation. ------------------------------------------------------------------------------------------ Article 37 – Prior Information Notice ------------------------------------------------------------------------------------------ 1.A procuring entity is entitled to publish its intention to commence a procurement proced publication of a prior information notice. In such a case the procuring entity will disp information notice for publication in the way prescribed in section 212 of the PPA. 2.Time limits for the submission of tenders under sections 54 (4), 57 (2) (b), and 59 (4), submission of initial tenders under section 62 (3) of the PPA, may be shortened in such ------------------------------------------------------------------------------------------ Article 38 – Award Period ------------------------------------------------------------------------------------------ 1.A procuring entity may set out an award period, which is to be understood as a period du participants in a procurement procedure cannot withdraw therefrom. 2.Where a procuring entity has set out an award period, it can require in the procurement that participants in the procurement procedure provide a tender guarantee in the amount section 41 (2) of the PPA within the time limit for the submission of tenders. 3.The beginning of an award period is also the end of the period for the submission of ten the award period must be set out reasonably, having regard for the type of procurement p subject of the public contract. 4.The running of an award period is suspended for the period of time in which the procurin not, pursuant to section 246 of the PPA, conclude a contract (‘an excluded period’). 5.The procuring entity will dispatch a notice of the selection of an economic operator wit award period unless a) otherwise agreed on with participants in the procurement procedur procurement procedure was terminated prior the expiration of the award period. 6.If a procuring entity does not dispatch a notice of the selection of an economic operato the award period, or if it does not proceed pursuant to paragraph 5 (a) or (b) of this A procurement procedure is conclusively presumed to be terminated. The procuring entity wi a situation reimburse the participants in the procurement procedure for reasonably expen connected with their participation in the procurement procedure. ------------------------------------------------------------------------------------------ Article 39 – Committee and Invited Experts ------------------------------------------------------------------------------------------ 1.A procuring entity may authorise a committee to perform acts in a procurement procedure the PPA; this is not to the prejudice of either other legal regulations governing the mo making of the procuring entity or the responsibility of the procuring entity for adheren rules stipulated in the PPA. Acts carried out by the committee are regarded as acts carr procuring entity. 2.In the case of public contracts with an estimated value exceeding CZK 300,000,000, a pro will ensure that the evaluation of tenders be done by a committee consisting of at least with the majority of them having relevant expertise related to the subject of the public 3.Provisions contained in Article 30 hereof apply by analogy to the constitution of a comm 4.A procuring entity may also use the opinions of invited experts for its decision-making; responsibility of the procuring entity for adherence to the rules set out in the PPA and Directive is not prejudiced thereby. ------------------------------------------------------------------------------------------ Article 40 – Course of a Procurement Procedure ------------------------------------------------------------------------------------------ 1.Unless otherwise stipulated in the PPA or this Directive, a procuring entity can assess of conditions for participation in a procurement procedure either prior to the evaluatio after the evaluation of tenders. 2.A procuring entity must always carry out the assessment of the fulfilment of conditions participation in the procurement procedure and the evaluation of its tender in the case economic operator. 3.A procuring entity will always consider whether the principles of public procurement wou violated if tenders were evaluated before the assessment of the fulfilment of conditions participation in the procurement procedure. ****************************************************************************************** * PART IV – COMMON PROVISIONS ****************************************************************************************** *========================================================================================= * *========================================================================================= ------------------------------------------------------------------------------------------ Article 42 – Public Contracts Awarded via an Electronic Marketplace ------------------------------------------------------------------------------------------ 1.Where suitable, a procuring entity is entitled to make use of electronic marketplaces in public contracts. 2.Access to an electronic marketplace, the administration of users, methodological support training of users is secured by the Public Procurement Department. 3.In the case of faculties and other units of the University, the awarding of public contr electronic marketplace is conducted by units for public procurement. A relevant senior o in Article 14 (1) (b) hereof can stipulate otherwise for individual faculties or other u University. In the case of the Rectorate, the awarding of public contracts via an electr is conducted by the Public Procurement Department. Specific conditions can be set out by 4.Faculties and other units of the University can request, via the Bursar, the assistance Procurement Department in the procurement for the awarding of public contracts via an el marketplace. 5.A procuring entity conducts the procedure for the awarding of a public contract via an e marketplace according to the rules of the electronic marketplace; provisions regulating public contracts contained herein do not apply. ------------------------------------------------------------------------------------------ Article 43 – Essential Elements of a Contract ------------------------------------------------------------------------------------------ 1.A public contract concluded with an economic operator for performance exceeding the valu without VAT must be in writing, and it must contain at least the following elements, unl legal regulation provides otherwise: a.the title of the contract and its reference number; b.the denomination of contracting parties, their registered offices, entity ID number an (if they have been assigned to them), bank account information, and information about in a public register, including identification of their representatives; c.the subject of performance (specified in terms of quantity and quality); d.the price without VAT, the price including VAT, the VAT rate and its amount, or inform contractor is not a VAT payer, and the payment conditions; e.the time and place of performance; f.the stipulation that it has been concluded in compliance with the legal system of the and is regulated by it; g.provisions which will exclude the limitation of a number of possible economic operator under another public contract which will be procured for in the future, if in the cour fulfilling of the pubic contract a work of authorship, industrial design, utility desi etc. be created, (e.g. a clause granting licence for all possible uses of the work of unlimited in scope, including a right to grant a sub-licence, and the like); h.other elements of individual types of contracts under Act No. 89/2012 Sb., the Civil C particularly i.a contractual penalty, iiguarantee claims, iiwarranties, insurance, iva provision regarding the publication of the contract, v.effect of the contract, conditions for termination by notice and withdrawal from the the like. 2.An agreement on the performance of a public contract cannot include: a.an arbitration clause, with the exception of a contract concluded based on a purchase commodity exchange, b.any provisions which would lead to the exclusive or advantaged position of an economic whom the contract is to be concluded compared to other economic operators participatin procurement conducted in the future, c.a provision stipulating the impossibility of the termination of the contract by notice under which the termination by notice would be practicable only with difficulty. 3.The satisfaction of duties under paragraphs 1 and 2 of this Article is ensured by a cont by way of listing these requirements as business conditions in the procurement documenta contract draft, or, as the case may be, in a call for tenders. 4.In cases worthy of special consideration, a contracting unit can derogate from the oblig out in paragraphs 1 and 2 of this Article. In such a situation, the contracting unit is justify such derogation in writing prior to the commencement of a procurement procedure justification to a dossier on the procurement procedure and public contract. 5.Where the contractual relationship is formed upon the making of an offer in writing and in the form of an order, or based on an order and its acceptance in writing, the order m least the elements listed in paragraph 1 (b) – (e) of this Article. ------------------------------------------------------------------------------------------ Article 44 – Completing and Storing Dossiers on Procurement Procedures and Public Contract ------------------------------------------------------------------------------------------ 1.A dossier on a procurement procedure and public contract is an aggregate of all document copy or electronic format and conclusions following from verbal communications, the reco in the course of a procurement procedure, or after the closing thereof, is required by t relevant legislation; these are in particular the following documents: a.procurement documentation determining the subject of a public contract, including proo dispatch or publication; b.unabridged wording of originals of all tenders submitted by all participants in a proc procedure, including any possible clarifications or supplements; c.a report on the opening of tenders, assessment and evaluation of tenders signed by rel d.a contract concluded with the selected economic operator, including any possible amend e.the contract award notice dispatched to all participants in a procurement procedure wh submitted their tenders and whose tenders had not been excluded, including proof of di notice was not published on the procuring entity’s profile; f.a notice of the exclusion of a tender, if any, from the procurement procedure, includi dispatch / publication; g.additional information, including proof of its dispatch / publication, if any addition was requested; h.the appointment of an authorised person or evaluation committee (if any has been appoi a statement of their impartiality; i.a written report of a procuring entity according to section 217 of the PPA, if it is t 2.Under section 216 of the PPA, a procuring entity is obliged to store dossiers on procure and public contracts, as well as records of acts performed electronically, for the perio from the date of the termination of the procurement procedure, or from the date of the a obligation following from the contract. 3.In a case of a public contract, the estimated value of which does not exceed CZK 400,000 and at the same time any possible subsidy provided for such a public contract does not e procuring entity is obliged to store accounting documents. In addition, the procuring en store a written demand for performance, a written order of performance, a written offer, contract, provided that these documents are drawn up when conducting public procurement. which the procuring entity is to store all originals of documents relating to the implem public contract is ten years from the date of the conclusion of the contract, or from th payments connected with the project have been made. ------------------------------------------------------------------------------------------ Article 45 – Publication of Contracts ------------------------------------------------------------------------------------------ 1.A procuring entity is obliged to publish all contracts concluded on the grounds of procu procedures for contracts, the value of which exceeds CZK 50,000, in the register of cont compliance with Act No. 340/2015 Sb., on special conditions of effectiveness of certain their publication, and on the register of contracts (The Register of Contracts Act), as compliance with Rector’s Directive No. 18/2016. 2.Individual faculties and other units of the University can publish public contracts, inc amendments and alterations thereof, also on the procuring entity’s profile. A duty to pu in the register of contracts is not prejudiced thereby. 3.Contracts concluded on the grounds of procurement procedures for contracts, the value of CZK 500,000 without VAT, which the University has to publish must be published within 15 conclusion. ------------------------------------------------------------------------------------------ Article 46 – Audit ------------------------------------------------------------------------------------------ 1.Audit of public contracts is conducted pursuant to Rector’s Directive No. 25/2014 – The Internal Audit at Charles University, and Rector’s Directive No. 47/2014 – Rules for Aud at Charles University. 2.Complaints about the course of action of procuring units or units for public procurement faculties, other units of the University, and the Rectorate are decided on by the Bursar complaints are not objections within the meaning of section 241 of the PPA. If it is fou a lapse occurred in the procedures undertaken by procuring units or units for public pro Bursar will take an action to rectify such lapses. ------------------------------------------------------------------------------------------ Article 47 – Determining Detailed Procedures in Public Procurement ------------------------------------------------------------------------------------------ The senior officers of the University listed in Article 14 hereof can determine the detail procedures at the faculties and units of the University they are the heads of; however, su contravene this Directive. This is not to the prejudice of the right of the faculties and the University and the Rectorate under Article 22 (2) hereof. ------------------------------------------------------------------------------------------ Article 48 – Transitional and Final Provisions ------------------------------------------------------------------------------------------ 1.The Bursar is authorised to determine in his directive more accurate procurement procedu University, or to set out templates of documents to be used in public procurement at the 2.Exceptions to the procurement procedures stipulated in this Directive are approved by th Bursar, without prejudice to the right of faculties, other units of the University, and under Article 22 (2) hereof. 3.Rector’s Directive No. 52/2015, the Key Public Procurement Principles and Rules at Charl is hereby repealed. 4.All procurement procedures commenced before the effect of this Directive will be complet with Rector’s Directive No. 52/2015. 5.This Directive becomes effective on 1 October 2016. In Prague, on 29 September 2016 Prof. MUDr. Tomáš Zima, DrSc., MBA Rector Rector’s Directive No. 27/2016, as amended by Rector’s Directive No. 18/2017, becomes effe 2017. The system of electronic marketplaces is regulated by government decree No. 343 of 10 May Under section 26 (2) of Act No. 586/1992 Sb. of the Czech National Council, on income taxe tangible property means several tangible movable things, or aggregates of tangible movable an individual technical-economic purpose, the input price of which is higher than CZK 40,0 operational-technical functions last for longer than one year. The identification data is the name ‘Charles University’ including the name of a relevant the registered seat of the operational unit, and the ID number of Charles University. Where the key evaluation criterion is the economic profitability of a tender, a procuring always determine evaluation sub-criteria so that they represent the relationship between t and the price. The evaluation sub-criteria have to relate to the fulfilment of a public co being tendered for. Those criteria are particularly a bid price, quality, the technical le solution, aesthetic and functional characteristics, characteristics of the fulfilment from view of its impact on the environment, impact on the employment of disabled persons, opera return on costs, warranty and post-warranty service, ensuring the supplies, delivery perio completion. What cannot serve as an evaluation sub-criterion is qualification prerequisite conditions, the purpose of which is securing the contractor’s obligations, or payment cond In order to secure the transparency of a procurement procedure it is necessary to determin information or parameters of tenders will be subject to evaluation, and how the evaluation out. Governmental Decree No. 172/2016 Sb., to determine financial limits and amounts for the pu Public Procurement Act. A prior information notice can thus be used particularly in a situation when procurement d not ready and the finalisation thereof will take longer than one month, but at the same ti convenient to obtain tenders in the shortest time possible after the finalisation of the d For example, when, in addition to a bid price, the quality of a tender is also being evalu can occur that a winning tender will receive a higher score thanks to the fact that in one which such a tender was not the most successful one, it was evaluated against a tender (th the given parameter) which, however, would be disqualified in the assessment process, and should not be evaluated. Therefore, if only tenders satisfying all conditions prescribed i documentation were evaluated, the order of successful tenderers might be different.