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Validity of the Act No. 263/1999 Coll., as amended, expired on December 31, 2003
T r a n s l a t i o n
Act No 263/1999 Corpus Juris on Public Procurement and on Modification and
Amendment of Some Acts Within the Wording of Act No 557/2001 Corpus Juris,
as Stemming from the Modifications and Amendments Made by
Act No 530/2002 Corpus Juris
(Complete Wording Applying from January 1, 2003)
Title I
PART ONE
GENERAL PROVISIONS
Subject of Regulation
Article 1
(1) The present Act stipulates the following:
a) The methods and procedures of public procurement used by the procuring entities within awarding public contracts for obtaining products, public contracts for works or public contracts for providing services,
b) The establishment and scope of powers of the Office for Public Procurement (hereinafter referred to only as the „Office").
(2) Within public procurement there apply the principles of transparency, equal treatment and non-discrimination of tenderers and candidates, economic competition within observing the principles of economy in expending the financial means.
Article 2
(1) When awarding public contracts the procuring entities shall apply the methods and procedures of public procurement pursuant to the present Act.
(2) Pursuant to Paragraph 1 the obligations of the procuring entities relate to the procurement of the following:
a) The products, equipment and other effects offered at the market and intended for sale (hereinafter referred to only as the „Supplies"),
b) The building construction works and the related subcontracted works necessary for carrying out the building construction (hereinafter referred to only as the „Works") within structural engineering or civil engineering,
c) The financial, legal, project, craftsmanship and other services (hereinafter referred to only as the „Services"),
(3) Pursuant to Paragraph 1 the obligations of the procuring entities do not apply to awarding the following contracts:
a) The subject of which is formed by confidential matters,
b) The subject of which is the providing of supplies, carrying out works or providing services requiring the application of special safety measures in compliance with the generally binding legal regulations, or if so required by the need for protecting the interests of the safety of the Slovak Republic, or by the need for protecting the Slovak Information Service,
c) Which are concluded in compliance with the procedure according to an international agreement, if their subject is constituted by supplies, carrying out works or providing services for the joint implementation or utilisation of the project by the states which acceded to this convention,
d) The subject of which is the stationing of foreign troops on the territory of the Slovak Republic pursuant to an international agreement,
e) Which are in compliance with the procedures determined by an international organisation,
f) Which are concluded by the Ministry of Defence of the Slovak Republic (further herein only as „Ministry of Defence") and by organisations within its authority and are connected with the production of arms, ammunition or military materials or with trading with the above,
g) The subject of which is constituted by providing services connected with the acquisition, production and co-production of radio and television programmes by the radio broadcasting and television companies,
h) The subject of which is constituted by providing services connected with the on-the-air times of the radio and television broadcasting,
i) The subject of which is the providing of voice and data telecommunication services transmitted by cable, terrestrial or satellite means,
j) Which concern legal services in adjudicator or arbitration matters,
k) The subject of which is constituted by providing financial services connected with the issuing, sale, purchasing and transfer of securities,
l) The subject of which is constituted by the financial services provided by the National Bank of Slovakia,
m) The subject of which is constituted by providing services within research and development that are different from those from which solely the procuring entity is profiting within using them for fulfilling his/her own tasks under the condition that the provided service is fully financed by the procuring entity,
n) The subject of which is constituted by acquiring the ownership or lease of immovables and thereto pertaining rights directly without any mediator,
o) The subject of which is the rise, modification or cessation of employment relation or any other analogous labour relationship,
p) The subject of which is constituted by procuring supplies, works and services connected with administering and operating the assets of the Slovak Republic abroad by the representation offices of the Slovak Republic,
(4) The obligation stated in Paragraph 1 does not apply to:
a) The acquisition of supplies obtained through the procuring entities´ own production or activities based on their exclusive rights,
b) The acquisition of artistic, historical or collector articles at auctions or through execution.
Definitions of Some Terms
Procuring Entity
Article 3
(1) A procuring entity shall mean:
a) The Slovak Republic represented by a state-administration body, or an institution or office administering the state affairs,
b) a municipality or a higher organisational unit,
c) any other organisation governed by public law,
d) an interest-based association of legal persons the member of which is at least one of the procuring entities defined Sub. a) through c).
(2) For the purposes of this law any other organisation governed by public law shall mean:
a) a public law institution or any other legal person established by law or on the basis of law for the purposes of satisfying the needs within public interest, or
b) a legal person founded or established for the special purpose of fulfilling the needs within the public interest who is neither of industrial nor commercial character, has legal subjectivity and:
1. Is completely or mostly financed by the procuring entity pursuant to Paragraph 1, Sub. a) through c) or
2. Is governed or controlled by the procuring entity pursuant to Paragraph 1, Sub. a) through c), or
3. Pursuant to Paragraph 1, Sub. a) through c) the providing entity appoints more than half of the members of its managing or controlling body.
Article 3a
(1) In the sectors of water management, energy, transport and telecommunications the procuring entity means the following:
a) A legal entity stated in Article 3 which carries out at least one of the activities stated in Paragraph 2,
b) A legal entity upon which the procuring entity stipulated in Article 3, Paragraph 1, has a direct or indirect decisive influence on the basis of ownership rights, financial share or the rules by which it is governed, and which carries out at least one of the activities stated in Paragraph 2. Decisive influence of the procuring entity upon the legal person means that the procuring entity:
1. owns the majority of shares or a majority business share, or
2. has control over the majority share in the voting rights, or
3. nominates more than half of the members of the administrative or executive bodies or of the inspecting body,
c) Another legal person which has the right to use some special or exclusive rights within carrying out its activities and does at least one of the activities stated in Paragraph 2,
d) A legal person established by the procuring entity defined sub a) through c) which draws up a consolidated financial statement pursuant to a special regulation, 11b)
e) A legal entity which is under direct or indirect decisive influence of the procuring entity defined Sub. b), or which has a decisive influence upon the procuring entity, or which together with the procuring entity undergoes a decisive influence of another legal entity on the basis of ownership, financial share or the rules by which it is governed.
(2) The activities in the sectors of water management, energy, transport and telecommunications include the following:
a) Operating or providing access to permanent public networks determined for supplying the public in connection with the production, transport or distribution of:
1. Drinking water,
2. Electrical energy,
3. Gas or heat,
b) Supplying the networks listed sub a) by drinking water, electrical energy, gas or heat,
c) Using the geographically delimited territory for the following purposes:
1. research or extraction of crude oil, gas, coal or other solid fuels, or
2. providing civil aviation, port or other terminal equipment to air transporters and transporters on inland waterways,
d) Operating the railroads or providing public services in the area of railroad, tramway, trolleybus, cablecar and special transport,
e) Providing public services in the area of bus transport,
f) Operating or providing public sewerage or public sewage purification plants,
g)Operating public telecommunication networks or providing one or more telecommunication services,
h) Activities stemming from the State postal proviso.
(3) Special right or exclusive right means the right stemming from the authorisations stipulated by law or by an individual administrative deed issued by the particular body the result of which is the limitation of carrying out the activities stated in Paragraph 2 to one or several entities, or which in a substantial manner influences the ability of carrying out such activities by other entities. The special right or the exclusive right can be utilised as follows:
a) For the purposes of building networks or the connected equipment by means of a procedure for the expropriation or restriction of the ownership right to the lands or building constructions 11a), or for the purposes of placing networks or therewith connected installations for the highway, under the highway or above the highway,
b) In the case of Paragraph 1 sub a) and b), if the subject is providing supplies of drinking water, electrical energy, gas or heat to the network which is independently operated by the subject using special or exclusive rights.
(4) For activities pursuant to Paragraph 2, Sub. a) and b) for the procuring entities stated in Paragraph 1, Sub. b) through e) are not considered the following:
a) In the case of drinking water or electrical energy, if
1. The production of drinking water or electrical energy is due to reasons indispensable for carrying out activities which are not stated in Paragraph 2, and
2. The supplying into the public network depends only on their own consumption and does not exceed 30 % of the overall production of drinking water or electrical energy for the last three years including the current year,
b) In the case of gas or heat, if
1. The production of gas or heat is an indispensable consequence of carrying out activities not stated in Paragraph 2, and
2. If the delivery into the public network is designed only for the economic utilisation of such production and does not exceed 20 % of the mean turnover for the last three years including the current year.
(5) Not considered for activities pursuant to Paragraph 2, Sub. e) is the providing of services to the public in the area of bus transportation, if another legal or physical entity is providing these services either on the whole territory, or only in a certain area under the same conditions as the procuring entity.
Article 4
Tenderer
A tenderer shall be any physical or legal entity authorised to deliver supplies, to perform work or to provide services that submits a tender.
Article 5
Candidate
A candidate shall be any physical or legal entity authorised to deliver supplies, perform work or to provide services that is interested in participating in restricted tender or in negotiated procedure with a prior notification.
Article 6
Public Contracts
(1) For the purposes of this Act a Public Contract12a) (hereinafter referred to only as the „Contract") for supplies, for work or for services is a contract with financial fulfilment made in writing12b) between the procuring entity and one or several tenderers.
(2) A contract for supplies is a contract the subject of which is the purchase, the purchase of a rented effect (leasing), the purchase of supplies on instalments or the renting of supplies with the possibility or without the possibility or their being purchased. This contract can also include the activities connected with the placing and assembly where the expected value of these services does not exceed the expected value of the supplies being provided.
(3) A contract for work is a contract the subject of which is the carrying out of the work or the carrying out of the work and the preparation of the project documentation, if the latter constitutes part of the works as stipulated in Article 2, Paragraph 2, Sub. b), or the subject of which is any other result of activity in structural engineering or in civil engineering which fulfils the economic and technical functions, as well as any other works connected with carrying out the building construction, the modification or the removal thereof.
(4) A contract for services is a contract the subject of which is the providing of service, with the exception of the contracts listed in Paragraphs 2 or 3.
(5) A framework contract is a contract in writing between the procuring entity and one or several physical entities or legal entities authorised to provide supplies, works or services. The purpose of this contract is to stipulate the conditions concerning above all the pricing, the manner of concluding subcontracts within the determined period, or the expected quantity.
Article 7
Prior Information Notice or Contract Notice
(1) A prior information notice shall mean the notification of general information concerning the procuring entity’s intention to award a contract.
(2) A contract notice shall mean the notification of the basic information, namely on:
a) The procuring entity,
b) The subject of public procurement,
c) The type of contract to be awarded,
d) The terms and conditions stipulated by the procuring entity.
Article 8
Bond
(1) The binding nature of the tender may be protected by a bond.
(2) A bond shall be:
a) A bank guarantee extended with regard to the tenderer, or
b) A cash deposit into the procuring entity’s bank account.
Article 9
Contract documents
Contract documents shall mean any written source materials or, as the case may be, any graphical or other source materials indispensable for designing a tender.
Article 10
Tender
A tender shall mean a proposal submitted to the procuring entity by the tenderer, and shall include a draft contract and other documents listed in Articles 24 and 25.
Article 11
Design Contest
For the purposes of this Act, the design contest is a procedure enabling the procuring entity to obtain, namely in the areas of territorial planning, architecture, construction engineering and data processing, the proposal which was selected by the commission in a competition including or not including prize awards.
PART TWO
METHODS AND PROCEDURES OF PUBLIC PROCUREMENT
TITLE ONE
METHODS OF PUBLIC PROCUREMENT
Article 12
(1) The methods of public procurement are as follows:
a) Open tender,
b) Restricted tender,
c) Negotiated procedure with a prior notification,
d) Negotiated procedure without a prior notification,
e) Design Contest.
(2) For awarding a contract the procuring entity defined in Article 3 shall apply the open or restricted tender methods; the method of negotiated procedure with a prior notification or the method of negotiated procedure without a prior notification will be applied only if at least one of the conditions stipulated in Articles 47 or 52 is fulfilled.
(3) For awarding a contract the procuring entity defined in Article 3a will use the method of open tender, restricted tender or negotiated procedure with a prior notification; the method of negotiated procedure without a prior notification will be used only if at least one of the conditions stated in Article 52 is fulfilled.
(4) The Design Contest will be used as a separate procedure without awarding any contract, or as part of the procedure leading to awarding the contract.
(5) No special regulations apply for the methods and procedures regulated by this Act.13)
Article 13
(1) Pursuant to Article 12 the methods of public procurement are denoted as being above the threshold or under-the-threshold , small value contracts with a higher price or small value contracts with a lower price, depending on the expected value of the subject of procuring.
(2) A method of procuring shall be denoted as being above-the-threshold when the expected contract value of the subject of procurement related to a defined group of procuring entities equals or exceeds the financial thresholds stipulated in Articles 18 through 20 (further herein only as the „above- the- threshold method of public procurement").
(3) A method of procuring shall be denoted as being under the threshold when the expected contract value of the subject of procurement related to a defined group of procuring entities is lower than the financial thresholds stipulated in Articles 18 through 20, but at the same time higher as the financial thresholds stipulated in Paragraphs 4 and 5 (further herein only as the „under-the-threshold method of public procurement").
(4) A method of public procurement shall be denoted as being small value contracts with a higher price when the sum total of the expected values of the same kinds of supplies or services net of VAT exceeds 250 000 Sk, but is not more than 500 000 Sk within the calendar year or within the term of the contract, if the contract is awarded for a longer term than one calendar year, and when the sum total of the expected values of works net of VAT exceeds 500 000 Sk, but is not more than 1 000 000 Sk during the term of the contract (hereinafter referred to only as „ small value contracts with a higher price").
(5) A method of public procurement shall be denoted as small value contracts with a lower price when the sum total of the expected values of the same kinds of goods or services net of VAT does not exceed 250 000 Sk within the calendar year or within the term of the contract, if the contract is awarded for a longer term than one calendar year, and when the sum total of the expected values of works net of VAT does not exceed 500 000 Sk during the term of the contract (hereinafter referred to only as „small value contract with a lower price"). For awarding a contract the simplified method of public procurement with negotiated procedure without a prior notification stipulated in Chapter Four shall be used.
Expected Contract Value
Article 14
(1) The expected contract value shall be calculated net of VAT.
(2) The expected contract value shall be calculated pursuant to the conditions applicable as of the day on which the prior information notice was published, if any; in other cases as of the day on which the contract notice was published.
(3) The procuring entity must not evade the application of law with regard to the determined financial thresholds and the rules for determining the expected value of the subject of procuring by dividing the contract, determining the conditions of participation in public procurement or the rules for evaluating the tenders.
Article 15
For the purposes of calculating the expected value of purchasing a rented object (i.e. leasing), or purchasing supplies on instalments, or renting supplies with or without the possibility of purchasing them, the basis for determining the supposed value will be constituted by the following:
a) The total value of the contract, in the case of contracts for a definite term not exceeding 12 months,
b) The total value of the contract, including the expected residual value in the case of a contract for a definite term exceeding 12 months,
c) The monthly instalment multiplied by 48 in the case of contracts the term of which is not firmly set.
Article 16
(1) Into the estimated value of services the procuring entity shall include all the costs incidental to providing them. Moreover,
a) if insurance services are concerned, an insurance premium is also due.
b) if banking and other financial services are concerned, also the fees, commissions, interest and other costs incidental to services are due,
c) if design contest is concerned, as well as the premiums and prizes for the proposals awarded.
(2) In determining the expected value of the services provided, pursuant to a contract not specifying any overall value, the procuring entity shall consider the following:
a) The whole term of executing the contract, in the case of contracts concluded for a definite period of not more than 48 months,
b) The monthly instalment multiplied by 48, in the case of contracts for an indefinite period, or for contracts for a definite period exceeding 48 months.
Article 17
In the case of contracts the scope of which involves regular fulfilment, and in the case of contracts to be renewed within an agreed time, the expected value of the supplies or services shall be established on the basis of the following:
a) The value of the similar supplies or services procured over the previous calendar year or over the previous 12 months, adjusted for any expected changes in quantity or price over the following 12 months, or
b) The value of the supplies or services procured over a period of up to 12 months after the first delivery, or during the term of the contract, where this is greater than 12 months.
Financial Thresholds
Article 18
The financial threshold for the expected value of supplies shall be as follows:
a) EUR 130,000 for the procuring entities listed in Article 3, Paragraph 1, Sub. a), and for the Defence Ministry in the case of supplies listed in Annex 1;
b) EUR 200,000 for the procuring entities listed in Article 3, Paragraph 1, Sub. b) through d), and for the Defence Ministry in the case of supplies not listed in Annex 1;
c) EUR 400,000 for the procuring entities carrying out activities listed in Article 3a, Paragraph 2, Sub. a) through f),
d) EUR 600,000 for the procuring entities carrying out activities listed in Article 3a, Paragraph 2, Sub. g) and h).
Article 19
(1) The financial threshold for the expected value of services shall be as follows:
a) EUR 130,000 for the procuring entities listed in Article 3, Paragraph 1, Sub. a),
b) EUR 200, 000 for the procuring entities listed in Article 3, Paragraph 1, Sub. b) through d),
c) EUR 400,000 for the procuring entities carrying out the activities listed in Article 3a, Paragraph 2, Sub. a) through f),
d) EUR 600,000 for the procuring entities carrying out activities listed in Article 3a, Paragraph 2, Sub. g) and h).
(2) Where the service is subdivided into several lots out of which each one is the subject of an independent contract, for the calculation of the expected value defined in Paragraph 1 the expected value of each lot will be taken into consideration. If the value of each lot is not lower than the financial threshold stipulated in Paragraph 1, for all the lots the procedure of the above-the-threshold method of public procurement will be used. The under-the-threshold method of public procurement can be used for each exempted lot the expected value of which is less than 80 000 EUR. and if the overall expected value does not exceed 20 % of the overall expected value of all the lots.
Article 20
(1) The financial threshold for employing the above-the-threshold method of public procurement is EUR 5,000,000 of the expected value of works.
(2) Where the works are subdivided into lots each of which is the object of an independent contract, for calculating the expected value stipulated in Paragraph 1 the expected value of each lot will be taken into consideration. If the value of each lot is not lower than the financial limit stated in Paragraph 1, the above-the-threshold method of public procurement will be used for all the lots. The under-the-threshold method of public procurement can be used for each exempted lot the expected value of which is lower than EUR 1 000 000, and when the overall expected value of these lots does not exceed 20 per cent of the expected value of all the lots.
TITLE TWO
PUBLIC PROCUREMENT PROCEDURES
Announcement of Public Procurement
Article 21
(1) The procuring entity defined in Article 3 shall announce public procurement by the notification by means of the following:
a) A prior information notice and a contract notice; or
b) A contract notice.
(2) The procuring entity defined in Article 3a shall announce the public procurement by the notification by means of the following:
a) A prior information notice and a contract notice, or
b) A contract notice, or
c) A prior information notice when proceeding pursuant to Article 23.
(3) The procuring entity shall announce:
a) The employment of the above-the-threshold method of public procurement in the Journal of Public Procurement (hereinafter referred to as the „Journal") and in the foreign press,
b) The employment of the under-the-threshold method of public procurement in the Journal.
(4) After the announcement of public procurement in the Journal pursuant to Paragraphs 1 through 3, but not later than by the day on which the contract documents start to be provided, the procuring entity may announce the notice in the professional nation-wide or regional press media.
(5) By the conditions of the announced public procurement method the procuring entity must not:
a) Restrict the participation of tenderers or candidates;
b) Request or accept any settlements, provisions or benefits, except for the settlement pursuant to Article 29, Paragraph 6.
(6) The contents of the prior information notice and of the contract notice will be governed by the generally binding legal regulation to be issued by the Office.
Article 22
(1) Where the sum total of the expected values of the supplies or services procured within a calendar year is not less than EUR 750,000, the procuring entity shall publish a prior information notice as soon as possible after the beginning of the year.
(2) Within the procurement of supplies or services, the procuring entity may publish a prior information notice of the above-the-threshold method of public procurement, not earlier than 12 months and not later 52 days before dispatching the notice of the invitation to public procurement.
(3) Within the procurement of works, the procuring entity shall publish a prior information notice of the above-the-threshold method of public procurement not earlier than 12 months and not later than 52 days before dispatching the contract notice.
Article 23
(1) The procuring entity referred to in Article 3a may substitute the contract notice by a prior information notice where the prior information notice contains further information, namely:
a) Concerning the data on the supplies, works or services for which the contracts will be awarded;
b) Information on concluding contracts on the basis of the result of a restricted tender or of a negotiated procedure with a prior notification, without any further publishing thereof;
c) The time limit within which the candidates are to apply in writing.
Conditions of Participation in Public Procurement
Article 24
(1) A tenderer or candidate wishing to participate in public procurement must comply with the following requirements:
a) No bankruptcy or liquidation proceedings have been started against him/her, he/she is not bankrupt or being wound up, no bankruptcy petition with regard to him/her has been dismissed due to lack of assets, neither is he/she subject to any similar proceedings pursuant to the laws and regulations applying in the country of his/her seat;
b) Neither in the Slovak Republic, nor in the country of his/her seat does he/she have any record of tax arrears collectable through a revenue ruling procedure,
c) Neither in the Slovak Republic nor in the country of his/her seat does he/she have any record of arrears of his/her health insurance premiums, sickness insurance and retirement insurance contributions collectable through a revenue ruling procedure; and in the case that he/she has his/her seat in the Slovak Republic, he/she also must not have any record of arrears due for contributions to unemployment insurance collectable through a revenue ruling procedure,
d) Neither he/she himself/herself, nor his/her statutory body, or his/her statutory body member has been lawfully sentenced for any crime where the merit of the case is related to undertaking,
e) He/She must be authorised to sell supplies, carry out work or provide services;
f) No retention of undertaking has been applied with regard to him/her, neither is he/she in a similar situation pursuant to the law and the regulations applying in the country of his/her seat;
g) He/she has not seriously violated any specialised obligations which can be evidenced by the procuring entity;
h) He/She has not participated in the preparation or production of the tender dossier.
(2) The tenderer or the candidate wishing to participate in public procurement shall prove his/her compliance with the requirements listed in Paragraph 1 above in the following manner:
a) For Subparagraph a) by an affirmation of the competent court of justice or an equally valid document issued by the appurtenant court of justice or administrative authority in the country of his/her seat,
b) For Subparagraph b) by an affirmation of a competent tax revenue authority not older than three months;
c) For Subparagraph c) by an affirmation of a competent authority not older than three months,
d) For Subparagraph d) by a transcript from the criminal register or an equivalent document issued by the competent court of justice or administrative authority in the country of his/her seat not older than three months;
e) For Subparagraph e) by a document of authorisation to undertake;
f) For Subparagraph f) by an affidavit.
(3) A tenderer or a candidate registered in the list of public procurement entrepreneurs may replace the documents specified in Paragraph 2 by an affirmation of the particular authority.
(4) Where the tenderer or the candidate does not have his/her seat in the Slovak Republic and the country where he/she has his/her seat does not issue some of the documents specified in Paragraph 2, these may be replaced by an affidavit pursuant to the regulations of the country where he/she is established.
Article 24a
(1) Should the procuring entity or a commission set up by the same finds that the tenderer or candidate has not submitted some of the documents pursuant to Article 24, Paragraph 2, the former will ask the latter to submit these documents.
(2) The term within which the tenderer or candidate is to submit the missing document must not be shorter than five days after the delivery of the application for supplying the said document.
(3) The procuring entity or a commission set up by the same shall exclude the tendered or candidate should he/she not submit the missing document within the determined deadline or should the missing document be issued after the request for its being supplied.
Article 25
(1) Pursuant to the subject of procurement, the procuring entity shall determine the manner in which the tenderer or the candidate is to prove his/her financial and economic standing or technical capability for the delivery of the subject of procurement.
(2) As a rule, the tenderer or the candidate can prove his/her financial or economic standing by:
a) A bank statement concerning his/her creditworthiness;
b) A financial statement prepared as of the last day of the preceding accounting period.
(3) As a rule, the tenderer or the candidate shall document his/her technical capability for procuring supplies by:
a) A list of the deliveries effected during a specified period, stating the sums and dates of delivery,
b) A product certificate or a statement attesting the product´s conformity to the technical specifications,
c) Samples, description or photographs of the supplies,
d) A description of the technical facilities,
e) A certificate of the quality control system or of the measures taken to safeguard quality.
(4) As a rule, the tenderer or the candidate shall prove his/her technical capability in the procurement of works and services by:
a) Data on the educational and professional experience of his/her managerial staff and his/her staff responsible for performing the contract,
b) A certificate of professional qualifications, where necessary for performing the contract,
c) A list of contracts performed by him/her for the same or similar subjects of procurement carried out within the last three years,
d) Data on the machinery, and manufacturing or technical equipment available to him/her,
e) Data on the average number of his/her technical staff and the number of managerial staff for the last three years,
f) A certificate of the quality control system or a description of the quality control management.
(5) The documents which the tenderer or the candidate submits to the procuring entity, and by which he/she proves his/her financial or economic standing or technical capability for supplying the subject of procurement, can be designated by the tenderer or the candidate as being confidential.
Article 25a
(1) The procuring entity shall exclude a tenderer or candidate from public procurement where he/she failed to comply with the participation requirements pursuant to Article 24, Paragraph 1, or where he found that the documents submitted are invalid.
(2) The procuring entity shall exclude a tenderer or candidate from public procurement where he/she has not submitted the required documents or information to manifest his/her financial or economic standing or technical capability, or has provided false or distorted information.
Article 26
(1) The procuring entity shall assess the compliance with the participation requirements of the tenderers or the candidates in compliance with the contract notice.
(2) After the assessment of the compliance of the tenderers or the candidates with the participation conditions, the procuring entity shall prepare a record including the following:
a) A list of all the tenderers or candidates,
b) A list of the excluded tenderers or candidates, stating the reasons of their being rejected.
(3) The procuring entity shall without any delay inform in writing all the excluded tenderers or candidates of their being rejected, stating the reason thereof.
Article 27
Rules for Tender Evaluation
(1) To evaluate the tenders, the procuring entity shall determine the criteria for the assessment of tenders (hereinafter referred to as the „criteria") and the rules for applying them, by which the procuring entity will distinguish the quality of compliance with the particular criteria.
(2) Where the procuring entity determines one criterion for tender evaluation, the evaluation criterion shall always be only the lowest price.
(3) Where the procuring entity determines several criteria for tender evaluation, he/she shall determine the rules of applying them for the purposes of the selection of the economically most advantageous tender. The other criteria, in addition to price, may be as follows:
a) In the case of supplies the term of delivery, the quality, the technical and functional characteristics of the supplies, the warranty and post-warranty service, and the technical assistance;
b) In the case of works the term of construction, the quality, the comprehensive nature of the delivery, the design and technical solution;
c) In the case of services, the date of delivering the service, the quality of the service, and its functional characteristics.
(4) The warranty period must not constitute the criterion for tender evaluation.
Article 28
Conditions Under Which a Bond May Be Requested
(1) In the case of the above-the-threshold method of public procurement, the procuring entity shall be obliged to request a bond. In the case of the under-the-threshold method of public procurement, the procuring entity may request a bond. The bond may not exceed 5 per cent of the expected contract value. The bond must not exceed 5 000 000 Sk.
(2) Where the procuring entity requires a bond, the manner of depositing it and the conditions of releasing or returning it shall be determined in the competition documentation. The conditions for depositing the bond must be determined in a way which allows the tenderer to choose the manner of depositing the bond.
(3) Where a bond was deposited into the procuring entity’s bank account, the procuring entity shall return the bond plus the interest, if the latter is being provided to him/her by the bank. The procuring entity shall release the bond not later than seven days after the efflux of the time limit until when the tenders are bound.
(4) The bond shall be forfeited in favour of the procuring entity where the tenderer withdraws from his/her tender after the end of the time limit for submitting tenders.
(5) Before the time limit until when the tenders are bound the procuring entity shall return to the tenderer the bond not later than 15 days after the delivery of the tenderer´s request for its being returned, if
a) The tenderer has not fulfilled the conditions for participation in public procurement and the procuring entity has excluded him/her from the tender for public procurement and the tenderer has not submitted any objection with regard to the procedure applied by the procuring entity,
b) He/She excluded his/her tender when evaluating the tenders pursuant to Article 35, Paragraphs 4, 5, 6 or 8, and the tenderer has not submitted any objection with regard to the procedure applied by the procuring entity, or
c) He/She has cancelled the tender for public procurement pursuant to Article 37, Paragraph 1, Sub. d) or Paragraph 2.
Article 29
Contract documents for Preparing Tenders
(1) The contract documents shall contain a detailed definition of the subject of procurement based on its detailed description, stating its technical requirements. The technical requirements determine the technical characteristics of the subject of procurement and enable its being described in a manner responsive to the purpose determined by the procuring entity.
(2) In formulating the technical requirements, the procuring entity shall use references to technical specifications, if any; in the above-the-threshold methods of public procurement, the procuring entity may give preference to referring to those technical standards which have been taken over from European or international standards. The technical requirements shall include in particular the procuring entity’s requirements concerning the following:
a) The level of quality, performance and safety of the subject of procurement;
b) The size and other dimension parameters of the subject of procurement and the requirements concerning the material, products or other supplies;
c) The terminology, the use of symbols, the testing and the methods of testing, for packaging and labelling of the subject of procurement;
d) The manner of pricing;
e) The checking of performance and the manner of taking over the determined parts of the subject of procurement, or of the structures or parts thereof.
(3) Furthermore, the contract documents includes documents, where this constitutes an indispensable source material for preparing the tender, the business conditions for delivering the subject of procurement, the criteria for tender evaluation, and other instructions concerning the preparation of tenders. The procuring entity may define the content of the business conditions by a reference to general business conditions.15)
(4) The contract documents must not include the following:
a) Requirements for even only a partial fulfilment of the subject of procurement,
b) Requirements which are in conflict with international obligations,
c) Data or references to a trade name, special designation of a manufacturer or a product, performance or material identifying a particular manufacturer or a particular work, patent or utility design; such data may be used in tender documents only where it is impossible in any other way to describe the subject of procurement in a sufficiently exact manner, and where at the same time, the submitting of a tender for a comparable solution is enabled,
d) Data protected by a right of industrial ownership or works protected by copyright without the consent of their author,
e) Requirements inadequate to the price and scope of the subject of procurement which are restricting the participation of the tenderers.
(5) Anyone participating in the preparation and production of the contract documents shall be obliged to maintain the confidentiality of their contents until the day on which these are provided to the tenderers.
(6) The tender dossier must be provided to any tenderer who may apply for it, provided that the requirements stipulated by this Act are complied with. The compensation for the tender dossier must not exceed the real costs for making copies of it.
(7) The procuring entity shall keep a record of the tenderers to whom the contract documents have been provided, including their business names and the addresses of their place of business, as well as the date on which the contract documents were provided.
Article 30
Explanation
Not later than six days after the delivery of the request for explanation the procuring entity shall provably announce to all the tenderers and candidates the explanation of the conditions of the participation of tenderers or candidates in public procurement or of the contract documents.
Article 31
Communication
(1) Notices, delivering source materials and other communication between the procuring entity and the tenderers or candidates – except for submitting the tender – shall be carried out in a manner guaranteeing the permanent recording of their contents, and shall be equally available to each tenderer or candidate. Where the communication is carried out by the means that do not allow the permanent recording of its contents, e.g. by electronic means, its contents must be recorded and delivered also in writing, not later than by the time limits set by the procuring entity in the contract notice.
(2) Where a difference is detected between the contents of any communication not permanently recorded and the supplied document in writing, the document in writing shall prevail.
Article 32
Language of Public Procurement
(1) The tenders and any other documents in public procurement shall be submitted in the official language of the state. In the contract notice the submitting of the tender also in another language may be required.
(2) The documents proving the compliance with the participation conditions of the tenderers or candidates having their seat outside the Slovak Republic must be submitted in the original language, and their official translation into the Slovak language must be enclosed; the above does not apply to documents in the Czech language. Should there be found any discrepancies in their contents, the translation into the Slovak language shall prevail.
Article 33
Submitting a Tender
(1) The tender is to be submitted within the time limit for submitting tenders, in a sealed envelope stating the business name and the address or the place of business of the tenderer, and it is to be marked with the word „Tender" and the tender slogan. The draft contract which constitutes part of the tender, must be signed by the tenderer, its statutory body, or a member of its statutory body, or any other tenderer’s proxy authorised to act on the tenderer’s behalf in commitment relationships. Where the tender is submitted in person, the procuring entity shall issue a certificate documenting its receipt, stating the date, time and place of receiving the tender.
(2) Each tenderer may submit only one tender. Where the tender includes also its alternatives, each alternative must be specially marked, and the tender must include a draft contract for each alternative. Where the contract notice excludes the submitting of an alternative tender, the alternatives shall not be considered.
(3) The tenderer may additionally modify or amend his/her submitted tender only before the expiration of the time limit set for submitting the tenders, in a manner specified in Paragraph 3.
(4) The procuring entity shall store each tender in an unopened envelope until the end of the time limit set forth for submitting the tenders.
(5) Any tender submitted after the time limit set for submitting tenders shall be, unopened, returned by the procuring entity to the tenderer.
(6) The tenderer may designate the tender or some parts thereof as being confidential, except for the data which are to be published.
Article 34
Commission
(1) The procuring entity shall be obliged to establish a commission of at least three members for evaluating the tenders. The commission members must have professional education and professional experience relevant to the subject of procurement. The commission is competent to evaluate the submitted tenders when the majority of its members is present at the same time, but in any case not fewer than three.
(2) To provide the transparency of the procurement process, the procuring entity may also appoint additional commission members, without their having any authority to evaluate the tenders.
(3) Any commission member must be an irreproachable person and must be neither a tenderer nor prejudiced against any tenderers. A commission member or a person close to the member 17) may not be a statutory body or a member of the statutory body of the tenderer, or a partner in a legal entity constituting the tenderer. Furthermore, a commission member may not be a person employed by the tenderer, or employed by an interest-based association of entrepreneurs of which the tenderer is a member, or a person employed by the Office.
(4) After getting acquainted with the list of the tenderers who have submitted their tenders, the commission member shall confirm by an affidavit to the contacting authority that no such circumstances have arisen which would prevent him/her from being a commission member, or he/she shall inform the procuring entity that there have arisen circumstances preventing him/her from being a commission member. Should the number of commission members thus be reduced to fewer than three, the procuring entity shall add a new member to the commission.
Article 35
Opening the Envelopes with Tenders and Evaluation of Tenders
(1) The procuring entity is obliged to enable all the tenderers who submitted their tenders within the time limit for submitting tenders to attend the opening of the envelopes with the tenders. The commission shall publish the business names, addresses or the seats of all the tenderers and their proposals for complying with the particular criteria determined by the procuring entity for evaluating the tenders (Article 27). No other data stated in the tender will be disclosed.
(2) The commission shall open the envelopes with the tenders submitted at the place and at the time indicated in the contract notice. After the opening of envelopes, the commission shall check whether the submitted tenders are complete and shall mark each of the checked tenders by an ordinal number.
(3) Not later than seven days after the opening of the envelopes with the tenders the procuring entity shall deliver to all the tenderers who submitted their tenders within the time limit for submitting them a record from opening the envelopes. The record shall contain a list of tenderers and their proposals for complying with the particular criteria set by the procuring entity for evaluating the tenders.
(4) The evaluation of tenders by the commission is private and may not be attended by the tenderers. The commission shall evaluate the tenders as to their compliance with the procuring entity’s requirements for the requested subject of procurement and shall exclude the tenders not complying with the requirements stated in the contract notice and in the contract documents.
(5) Any evident mathematical errors in the price quotation which are identified within its evaluation by the commission may be corrected by the same. The commission shall without any delay inform the tenderer of the correction performed, and where a correction in the draft contract is required, the tenderer will be asked to provide a new draft contract; while the other corrected documents are not to be submitted by the tenderer. The commission shall exclude any tender where the tenderer will not submit a new draft contract within the time limit set by the commission, or, in the case that the commission did not set the time limit, where a new draft contract will not be submitted within three business days of the day of the delivery of such request.
(6) If the given tender quotes an unusually low price, the commission shall be obliged to request from the tenderer to justify his/her quoted price. The commission shall exclude such tender if the justification of the price quotation pursuant to Paragraph 7 shall be deemed insufficient, or if the tenderer does not justify his/her price quotation to the commission within the time limit set by the commission, or, if the commission did not set any time limit, within seven days of the day of the delivery of the request.
(7) The commission shall take into consideration the explanation of the price quotation which will concern above all the following:
a) The economy of the process of production, the economy of the services provided, or the economy of the building-construction procedures, or
b) The technical solution or the specifically advantageous conditions which are at the disposal of the tenderer for providing the supplies, the services or the works, or
c) The unique character of the supplies, services or works offered to the tenderers.
(8) The commission may request the tenderers to explain their tenders in writing. The commission may, however, not invite or accept a tenderer’s offer for a change meaning an advantage for the tender submitted. The commission shall exclude such tender if the tenderer will not have submitted an explanation by the time limit set by the commission, or if the commission did not set any time limit, within seven days of the day of the delivery of the request.
(9) When evaluating the tenders which have not been excluded, the commission shall proceed only according to the criteria stated in the contract notice and in a manner set forth in the contract documents. Each commission member shall evaluate each tender individually. Where alternatives to tenders were admitted, the commission shall evaluate each tender alternative having equal, comparable or higher parameters.
(10) The commission shall without any delay inform the procuring entity of the list of the tenders excluded, stating the reason thereof. The procuring entity shall be obliged to inform thereof the excluded tenderer, giving the reason for his/her exclusion.
(11) On the basis of the results of the tender evaluation by the individual members, the commission shall rank the tenders according to their success. Where only a single tender was evaluated, no ranking is made.
(12) The commission shall prepare a protocol on the evaluation of tenders containing in particular the following:
a) A list of the commission members,
b) A list of all the tenderers who submitted their tenders stating the proposals of the tenderers for complying with the particular criteria for evaluating the tenders,
c) A list of the excluded tenderers stating the reason of their rejection,
d) The ranking of the tenders according to their success and the reasoning thereof.
(13) The protocol on the evaluation of tenders shall be signed by all the commission members. The commission chairman will submit the signed protocol together with the tenders to the procuring entity.
(14) During the evaluation of the tenders the commission members are not allowed to disclose any information about the contents of the tenders and about their evaluation.
Article 36
Award of Contract
(1) The procuring entity shall deliver to the tenderers a notice concerning the ranking of tenders and the reasoning thereof not later than 21 business days before the end of the time limit by which the tenders are bound.
(2) Where a tenderer has raised an objection against the procuring entity’s procedure, the procuring entity may accept a draft contract only after the Office has made a decision concerning the objection; until then, the tenderer shall be bound by his/her tender. The procuring entity shall inform the tenderers about the expected extension of the time limit until when the tenders are bound.
(3) The procuring entity shall inform the Office about the results of public procurement and about the data listed in Annex No 3 not later than seven days after the end of the time limit until which the winning tender is bound, so that these can be announced in the Journal as well as in the press media in which the public procurement had been announced.
(4) The procuring entity shall without any delay provide any tenderer who may request so with information on the results of the evaluation of the submitted tender, together with the justification of the ranking of his/her tender.
(5) Neither the tenders nor parts thereof may be used by the procuring entity without the approval of the tenderers.
(6) The contents of the contract award notice will be governed by a generally binding legal regulation issued by the Office.
Article 36a
Not later than five days before the end of the time limit by which the tenders are bound, the procuring entity shall be obliged to accept a draft contract submitted by the winning tenderer, unless an objection against the procuring entity’s procedure had been raised. The procuring entity shall without any delay deliver the accepted draft contract to the tenderer.
Article 37
Dissolution of the Notified Invitation to Public Procurement
(1) The procuring entity shall dissolve the notified invitation to public procurement where:
a) Not a single tender has been received,
b) None of the tenders submitted corresponds to the conditions listed in the notice of announcement of the method of public procurement or in the competition documentation,
c) Not a single tenderer or candidate has complied with the requirements for participation in the public procurement,
d) Its dissolution has been ordered by the Office.
(2) The procuring entity may dissolve the announced invitation to public procurement even if the circumstances under which it had been announced have changed substantially and the changes could not have been expected.
(3) The procuring entity shall dissolve the announced public procurement in the Journal and in the press media in which the public procurement had been announced. Without any undue delay, the procuring entity shall inform the tenderers or candidates about the dissolution of the notified invitation to public procurement and should they request so, give the reasons leading to this dissolution.
Article 38
Public Procurement Documentation
(1) The procuring entity shall register all the documents concerning the applied method of public procurement and keep the records for four years after the end of the period when the tenders are bound.
(2) Pursuant to Articles 47 and 52, the justification of the selection of the method used for public procurement shall form a constituent part of the documentation.
(3) Upon request, the procuring entity shall submit the complete documentation to the Office and to the Anti-Monopoly Office of the Slovak Republic, as well as to other inspection authorities, courts of justice and bodies acting in penal proceedings.
Article 39
Obligations of the Procuring Entity With Regard to the Office
(1) As soon as possible after the beginning of the calendar year, but not later than by the end of April, the procuring entity shall submit to the Office a list of the subjects of procurement which the procuring entity shall be procuring during the calendar year by the above-the-threshold method of public procurement, stating their expected number and prices.
(2) Not later than by the end of January the procuring entity shall submit to the Office a report on each contract concluded on the basis of the above-the-threshold method of public procurement for the preceding calendar year. The report shall include in particular the following:
a) The identification data of the procuring entity,
b) The type of the contract awarded,
c) The number of all the tenders submitted,
d) The method of public procurement employed, with the justification of its selection,
e) The expected price of the subject of procurement and the contract value,
f) The date of advertising the prior information notice, if any,
g) The date of publishing the contract notice in the Journal and in the foreign press media;
h) The subject of public procurement and the place of its delivery;
i) The list of the tenderers or candidates excluded stating the reason for their exclusion;
j) The documents ensuing from the decision concerning objections against the procuring entity’s procedure, if any;
k) The identification data of the tenderer with whom the contract has been concluded, including the contract share to be subcontracted.
(3) The Office may additionally request the procuring entity to provide further supplementary data or information.
(4) The procuring entity shall also submit to the Office a statistical statement concerning the methods of public procurement used which will be prepared pursuant to the general regulations on the state statistics.
(5) Should the tenderer or candidate require so, the procuring entity shall confirm the references concerning the fulfilment of the subject of the contract and send a copy of the confirmation to the Office not later than within 15 days.
Open Tendering Procedure
Article 40
Open tender is a public procurement method where an unlimited number of tenderers is invited to submit their tenders for awarding the contract for the procurement of supplies, works or services.
Article 41
(1) The time limit for submitting the tenders shall be not less than:
a) 52 days from the dispatching of the contract notice; or
b) 36 days from the dispatching of contract notice where the procuring entity had published a prior information notice.
(2) Where the procuring entity has published the contract notice for supplies within the under-the-threshold method of public procurement, he/she may shorten the time limit for submitting the tenders to 36 days.
(3) The tender submission period starts on the day following the day of publishing the contract notice in the Journal and ends by the end of the last day of the time limit for submitting tenders.
(4) Where the preparation of a tender requires the studying of extensive documentation or a visit to the site of delivery, the procuring entity shall reasonably extend the time limit for submitting the tenders.
(5) The procuring entity shall provide the contract documents within six days of the receipt of the tenderer´s request.
Article 42
The commission shall evaluate the compliance of the tenderers with the participation conditions (Article 24, Paragraphs 1 through 4, and Article 25) and shall suggest the exclusion of the tenderer who failed to comply therewith.
Restricted Procedure
Article 43
(1) Restricted procedure is a public procurement method to which an unlimited number of candidates is invited; the procuring entity may restrict the number of tenderers invited to submit their tenders to not fewer than five and not to more than 20. A tender may be submitted only by a tenderer who has been invited to submit a tender.
(2) The manner of the selection of candidates shall be determined in the contract notice.
Article 44
(1) In the contract notice to a restricted tender, the procuring entity shall determine:
a) The manner of the selection of the candidates; and
b) The time limit by which the candidates are obliged to submit the documents supporting their compliance with the participation conditions in the restricted tender.
(2) The time limit for submitting the tenders may not be less than 37 days.
(3) The time limit for submitting the documents shall start to elapse on the day following the day of dispatching the contract notice to a restricted tender and end on the last day of the time limit for submitting the documents.
(4) When the procuring entity procures the supplies, works or services while being pressed for time, which is demonstrably not caused by this entity, he/she can shorten the time limit for submitting the documentation. The time limit for submitting the documentation must not be shorter than 15 days from the day of dispatching the contract notice of invitation to restricted tender.
Article 45
(1) The procuring entity shall evaluate the compliance of the restricted tender candidates with regard to the participation conditions in a manner described in the contract notice to the restricted tender.
(2) The procuring entity may establish a commission to evaluate the compliance with the conditions. The procuring entity shall inform all the candidates of the evaluation results.
(3) The procuring entity shall send the invitation to submitting tenders only to the selected candidates who have complied with the conditions of participation in the restricted tender.
Article 46
(1) The invitation to submit tenders shall include the following information:
a) The place and the date of issuing the contract documents, unless these are included in the invitation;
b) The fee for the contract documents, if any;
c) The place where the tenders are to be delivered and the time limit by which the tenders must be submitted,
d) The information concerning the announcement of the restricted tender in the Journal, and, for an above-the-threshold method of public procurement, also the name of the foreign press media where the contract notice to the restricted tender was published,
e) The criteria to be used to evaluate tenders, unless they had already been listed in the contract notice to the restricted tender,
f) Any other necessary information.
(2) Where the contract documents do not constitute a part of the invitation, the procuring entity shall provide the former to the candidates pursuant to Article 41, Paragraph 5, within six days from the delivery of their request.
(3) The time limit for submitting the tenders shall not be less than:
a) 40 days from the day of dispatching the invitation to the selected candidates;
b) 26 days from the day of dispatching the invitation to the selected candidates where the procuring entity had published a prior information notice.
(4) Where the procuring entity has announced a restricted tender for supplies by the under-the-threshold method of public procurement, the tender submission period may be shortened to 26 days.
(5) Where the procuring entity is pressed for time when procuring supplies, works or services, this manifestably not being caused by the same, he/she can shorten the time limit for submitting the tenders. The time limit for submitting tenders must not be shorter than ten days after dispatching the invitation for submitting the tender. The procuring entity shall provide the explanation of the competition documentation not later than four days before the time limit for submitting the tenders elapses.
(6) Where the preparation of tender requires the studying of extensive documentation or the visiting of the site of the delivery of the subject of procurement, the procuring entity shall appropriately extend the time limit for submitting the tenders.
Negotiated Procedure with Prior Publication of a Contract notice
Article 47
Negotiated procedure with a with Prior Publication of a Contract notice is a method of public procurement which may be employed by the procuring entity where at least one of the following conditions is complied with:
a) In the preceding open tender or restricted tender, all tenders were rejected or unacceptable, and under the condition that the initial contract conditions will not be substantially changed;
b) The requirements for the services provided, above all financial services, cannot be determined with sufficient exactness;
c) The procured works will only be performed for the sake of research and development, and not for generating profit;
d) The procured works or services, or the risks related therewith, exceptionally do not enable the determining of the requirements for the manner of setting the price.
Article 48
(1) A negotiated procedure with Prior Publication of a Contract notice is a method of public procurement which is announced by the procuring entity for an unrestricted number of candidates; the procuring entity may restrict the number of the candidates invited to negotiations, but not to fewer than three.
(2) The procuring entity shall specify the manner of candidate selection in the contract notice to negotiated procedure with a prior notification.
(3) In the case defined in Article 47, Sub. a) the procuring entity shall publish an announcement stating that he/she will continue by a negotiated procedure with the tenderers who have complied with the conditions pursuant to Articles 24 and 25 and have submitted tenders, if the procuring entity decided to limit the number of tenderers. The procuring entity shall adequately apply Article 50.
Article 49
(1) In the contract notice to negotiated procedure with prior publication of a contract notice, the procuring entity shall set the time limit by which the candidates are obliged to submit the documents proving their compliance with the requirements for participation in the negotiated procedure with prior publication of a contract notice. The time limit for supplying the documents must not be less than 37 days. Applicable for the efflux of the time limit for submitting the documents is Article 44, Paragraph 3.
(2) Where the procuring entity is pressed for time when procuring supplies, works or services, this manifestably not being caused by the same, he/she can shorten the time limit for submitting the documents. The time limit for submitting the documents must not be shorter than fifteen days after dispatching the contract notice to the negotiated procedure with prior publication of a contract notice.
Article 50
(1) The procuring entity shall evaluate the compliance of the candidates for the negotiated procedure with prior publication of a contract notice in a manner stated in the contract notice to the negotiated procedure prior publication of a contract notice. The procuring entity may establish a commission for the evaluation thereof.
(2) The procuring entity shall inform all the candidates about the results of the evaluation of the tenderers’ compliance with the conditions of participation in the negotiated procedure with a prior notification and invite the selected candidates to negotiate.
(3) The procuring entity shall negotiate with the candidates the conditions of the contract, above all the technical, administrative and financial conditions.
(4) The negotiations will be carried out jointly with all the tenderers. From each of the negotiations the procuring entity shall take the minutes signed by all those participating in the negotiations.
(5) The procuring entity shall invite the tenderers in writing to submit their tenders. The invitation for submitting the tender shall contain the following:
a) The time limit and the place where the contract documents are available, unless they already constitute a part of the invitation for submitting the tender;
b) The time limit for submitting the tenders and the place where they are to be submitted;
c) The specification which documents are to be submitted and are connected with the conditions of participation in public procurement (Article 25), and are published in the contract notice to negotiated procedure with prior publication of a contract notice, if these are necessary;
d) The criteria for the evaluation of the tenders, if these were not published in the contract notice to negotiated procedure with prior publication of a contract notice;
e) Any further necessary information.
(6) If the contract documents do not constitute a part of the invitation, the procuring entity shall provide the same not later than six days after the receipt of the tenderer´s application.
Article 51
(1) The time limit for submitting the tenders shall be not less than:
a) 40 days after the dispatching of the invitation to the selected candidates;
b) 26 days after the dispatching of the invitation to the selected candidates, if the procuring entity published the prior information notice.
(2) Where the procuring entity is pressed for time when procuring supplies, works or services, this manifestably not being caused by the same, he/she can shorten the time limit for submitting the tenders. The time limit for submitting the tenders must not be shorter than ten days after the dispatching of the invitation for submitting the tender. The procuring entity shall provide the explanation of the contract documents not later than four days before the efflux of the time limit for submitting the tenders.
Negotiated Procedure Without Prior Publication of a Contract notice
Article 52
(1) Negotiated procedure without prior publication of a contract notice is a method of public procurement which may be employed by the procuring entity in the case where at least one of the following conditions is complied with:
a) The supplies, works or services being procured are available from a single source only,
b) The tenderer has copyright or similar rights related to the contract,
c) The supplies, works or services are being procured due to an extraordinary event which has not been caused by the procuring entity, and with regard to limited time an open tender, a restricted tender, or a negotiated procedure with prior publication of a contract notice cannot be carried out,
d) The procurement of works and services of the same or similar type is repeated with the initial contracting partner, and
1. The information on awarding further contracts by negotiated procedure without prior publication of a contract notice has already been included in the published contract notice for the delivery of the initial subject of procurement, and
2. The initial contract was awarded on the basis of an open tender or restricted tender, and a contract for repeated fulfilment is concluded within three years from concluding the initial contract,
e) The subject of procurement is constituted by additional works or services not included into the initial contract, their necessity having ensued only later from unforeseen circumstances, the new contract being concluded with the initial contracting partner, and the expected price of works or services not exceeding 50 per cent of their price according to the initial contract, where the additional works or services:
1. Are technically or economically inseparable from the original fulfilment; or
2. Are technically or economically separable from the original fulfilment, but are inevitable for the further stages of fulfilment according to the initial contract,
f) The procuring entity procuring the supplies is a legal entity established by law for the purposes of market regulation and for safeguarding the material reserves through trading activities at a commodity exchange,
g) In the preceding open tender or restricted tender no tender was submitted, or all tenders were found unacceptable, and under the condition that the initial contract conditions have not substantially changed, and the procuring entity shall invite to the negotiations all the tenderers who complied with the participation conditions pursuant to Article 24 and 25 and have submitted their tenders;
h) In the case of a tenderer whose tender was evaluated as the winning one by the commission;
i) The procured supplies shall be used exclusively for research and development, and not for generating profit.
(2) The procuring entities listed in Article 3a may employ the negotiated procedure without prior publication of a contract notice even where at least one of the following conditions is complied with:
a) A subcontract is concluded pursuant to an effective general contract,
b) It is an additional fulfilment by the initial contractor intended for:
1. The partial substitution of the usual delivery of supplies or works; or
2. The extension of the already delivered supplies or works where the change of the contractor would force the procuring entity to procure supplies or works which are technically so different that this would cause unreasonable technical difficulties in their operation or maintenance,
c) It concerns concluding a contract for supplies at an advantageous price lower than the market price, and available only for a specific short time,
d) It concerns obtaining supplies from a liquidator, bankruptcy trustee or executor, and offered under very advantageous conditions.
(3) The procuring entities listed in Article 3 may employ the under-the-threshold method of public procurement where at least one of the conditions listed in Paragraph 2 is complied with.
Article 53
(1) The procuring entity shall negotiate the contract conditions with one or several tenderers who have complied with the conditions of participation, depending on the conditions specified in Article 52. Applied for the contents of the invitation to negotiations and the procedure in negotiations shall adequately be Article 50, Paragraphs 3 through 5.
(2) Not later than seven days after concluding the contract, the procuring entity shall dispatch an announcement of the results of public procurement for their being published in the Journal.
TITLE THREE
Procedure in Design Contest
Article 54
(1) The design contest is announced by the above-the-threshold method of public procurement if:
a) The overall sum of the prices and awards to the candidates is not less than 200 000 EUR, or
b) It constitutes part of the procedure leading to awarding a contract for providing services, if the expected price net of VAT is equal to or higher than the financial limit stated in Article 19, Paragraph 1,
or else the under-the-threshold method of public procurement is applied.
(2) To the design contest an unlimited number of candidates is invited.
(3) The procuring entity may limit the number of candidates to not fewer than five. In the contract notice of invitation to the competition of tenders the procuring entity shall determine clear and non-discriminatory conditions of participation in a manner guaranteeing a sufficient number of the candidates who will submit the tenders.
(4) The contents of the contract notice to the design contest shall be governed by a generally applying legal regulation to be issued by the Office.
Article 55
(1) The procuring entity shall be obliged to establish a jury of at least five members for evaluating the tenders. Not less than one third of the jury members must have the same or similar professional qualifications which are required from the tenderers. To the jury members the same requirements apply as to any member of the tender evaluation commission pursuant to Article 34, Paragraph 3.
(2) Within its decision-making and taking standpoints the commission is independent. The tenders submitted anonymously will be evaluated by it only pursuant to the criteria stated in the contract notice to the design contest.
(3) The procuring entity shall conclude a contract with the tenderer whose submitted tender has been evaluated by the jury as the winning one, if the tender constitutes part of the procedure leading to awarding the contract.
Article 56
(1) The procuring entity shall send a notice on the results of the design contest to the Journal for their being published, and for the above-the-threshold method of public procurement also to the press media in which the notice of invitation to the design contest had been published.
(2) The contents of the public announcement of the results of the design contest shall be governed by a generally binding legal regulation to be published by the Office.
TITLE FOUR
SIMPLIFIED PROCEDURES OF PUBLIC PROCUREMENT
Article 56a
(1) With regard to the small value contracts with a higher price the procuring entity shall proceed adequately pursuant to the First through the Fifth Titles of Part Two with the exception of Article 14, Paragraph 2, Articles 17 through 24a, Article 26, Paragraph 1, Article 28, Article 30, Article 35, Paragraphs 6 and 7, Article 36, Paragraphs 1 through 3, and Paragraph 6, Article 36a, Article 37, Paragraph 1, Sub. d), and Paragraph 3, Article 39, Paragraphs 1, 2, 4 and 5, Articles 40 through 45, Article 46, Paragraphs 2 through 5, Articles 47 through 49, Article 50, Paragraphs 1 and 2, Article 51, Article 52, Paragraph 3, and Articles 53 through 56.
(2) With regard to the small value contracts with a lower price the procuring entity shall proceed pursuant to Article 56f and Article 56g.
Part One
Procedures concerning Small Value Contracts With a Higher Price
Article 56b
Within the small value contracts with a higher price the procuring entity:
a) Shall determine the expected price of the subject of procurement according to the conditions applying on the day of dispatching the invitation to submitting the tenders or on the day of dispatching the invitation for negotiations;
b) For evidencing the compliance with the conditions of participation in public procurement, shall require a document of authorisation for undertaking, or other documents pursuant to Article 25;
c) Shall evaluate the fulfilment of the conditions of participation in public procurement in compliance with the invitation;
d) Shall state in the contract documents the commercial conditions and the detailed description of the subject of procurement which are not discriminating with regard to the tenderers;
e) Shall provide the explaining of the data presented in the invitation for submitting tenders within three working days after the delivery of a request for explanation to all tenderers; the tenderer can ask for explanation not later than six working days before the efflux of the time limit for submitting tenders;
f) Can establish a commission for evaluating the tenders; in such case the procuring entity shall proceed pursuant to Article 34;
g) In evaluating the tenders shall proceed only according to the criteria given in the invitation for submitting tenders,
h) Shall award a contract to the successful tenderer within the period when the tenders are bound and at the same time announce to the other tenderers that they have not succeeded; where he/she decided on the dissolution of the method of public procurement, he/she will without any delay notify of this fact all the tenderers or candidates and upon their request shall state the reasons for its dissolution;
i) Shall determine a time limit for submitting tenders in such a manner which will take into consideration the time necessary for processing the tenders and for explaining the conditions and the contract documents;
j) Shall determine the time limit when the tenders are bound in such a manner which will take into consideration the time necessary for evaluating the tenders and awarding the contract to the successful tenderer.
Article 56c
(1) The invitation for submitting tenders by the method of restricted tender shall be dispatched by the procuring entity to at least three tenderers and notified in a publicly accessible manner.
(2) The procuring entity may limit the number of tenderers in the restricted tender to at least six. The limitation shall be stated in the invitation for submitting tenders.
Article 56d
(1) The invitation for submitting tenders by the method of negotiated procedure with prior publication of a contract notice shall be dispatched by the procuring entity to at least three tenderers and notified in a publicly accessible manner.
(2) The procuring entity may limit the number of tenderers in the negotiated procedure with prior publication of a contract notice to at least six. The limitation shall be stated in the invitation for negotiation.
(3) The procuring entity shall assess the compliance with the conditions of participation in public procurement on the basis of the documents submitted at the negotiations.
(4) The procuring entity shall provide the explanation of the data given in the invitation for negotiations within the negotiations with the candidates.
Article 56e
(1) The procuring entity can apply the method of negotiated procedure without a prior notification if at least one of the conditions stated in Article 52, Paragraphs 1 and 2 is complied with.
(2) The procuring entity shall carry out the selection of the tenderer within the negotiated procedure without prior publication of a contract notice on the basis of information on the subject of procurement gained by market research.
(3) Within the negotiated procedure without prior publication of a contract notice the procuring entity shall ask the selected tenderer to submit a document on the authorisation for undertaking and shall negotiate with him/her the conditions of the contract.
Part Two
Procedures concerning Small Value Contracts With a Lower Price
Article 56f
(1) Within the negotiated procedure without prior publication of a contract notice the procuring entity shall proceed pursuant to Article 56e, Paragraph 2 in such a manner that the costs incurred for acquiring the subject of procurement be adequate to its quality and price. The procuring entity shall, on the basis of his/her conditions, determine the financial limit or factual limit within which he/she will not carry out market research.
(2) To conclude contracts in writing is not required with the exception of the contracts for which this is required by a generally binding legal regulation.
(3) The procuring entity does not publish the contract award notice result in the Journal.
Article 56g
(1) Within the negotiated procedure without prior publication of a contract notice the procuring entity is not obliged to carry out the activities by means of a person professionally qualified for public procurement.
(2) The procuring entity shall register all the documents from the public procurement and shall keep them for four years after awarding the contract.
TITLE FIVE
PROFESSIONAL QUALIFICATION FOR PUBLIC PROCUREMENT
(1) The procuring entity shall carry out the activities in public procurement by means of physical entities who have acquired specialised qualifications for public procurement pursuant to the present Act (hereinafter referred to as „professional qualification") and are registered in the list of persons professionally qualified for public procurement; the list is maintained by the Office.
(2) Professional qualification means a set of professional items of knowledge and practical experience necessary for providing the tasks of the procuring entity within the public procurement.
Article 58
Prerequisites for Obtaining Professional Qualification
(1) The prerequisites for obtaining professional qualification are as follows:
a) Clean record of the applicant,
b) A university degree and two years of practical experience in public procurement, or a completed secondary school education and four years of practical experience in public procurement, or in providing for the purchase of supplies, investment construction and services,
c) Participation in professional training,
d) Successfully passing the examination.
(2) The clean record is to be documented by an extract from the Criminal Registry.
Article 59
Application for Entry in the List
(1) The application for being entered in the list shall include the following:
a) The applicant’s first name, the family name, the academic degree and the birth registration number,
b) His/Her permanent home address,
c) In the case of an employee, the business name and the place of business of his/her employer; or in the case on an entrepreneur, the business name or place of operation, where the applicant is able to provide these.
(2) A supplement to the application shall be constituted by a certificate of having successfully passed the examination.
Article 60
Professional Training
(1) The professional training of the applicants shall be performed by the training centres within the scope agreed with the Office and under its supervision. The Office shall not take into consideration any other professional training but that which is performed by the training centres.
(2) Registered for professional training shall be any applicant who by the date of the beginning of the training will have submitted to the organiser of the training the following documents:
a) An extract from the Criminal Registry not older than three months,
b) A document certifying the acquired education,
c) A chronologically ordered list of his/her professional career up to that time which allows for identifying the length and content of his/her professional experience,
d) Any other documents concerning his/her professional specialisation in the area of public procurement, if any.
(3) A certificate of completing specialised training issued by the organising training institution shall be a prerequisite for the applicant to be admitted to the examination.
Article 61
Examination Board of the Office
(1) The examination shall be taken in front of the examination board of the Office.
(2) The examination board of the Office shall be competent to carry out the examination and to decide about its result, provided that not fewer than three of its members are present at the same time; decisions are adopted by the majority of votes of the members present.
(3) The members and the chairperson of the examination board of the Office are appointed and recalled by the Chairperson of the Office.
(4) The details concerning the functioning of the examination board of the Office are regulated by the examination board statutes to be issued by the Chairperson of the Office.
(5) The general rules on administrative procedure 19) do not apply to the examining and the decision making of the examination board of the Office. The course of the examination and the decision making of the examination board of the Office shall be governed by the examination regulations to be issued by the Chairperson of the Office. Appeals against the examination board of the Office are decided by the Chairperson of the Office. The decision of the Chairperson of the Office shall be final and may not be reviewed by any court.
Examination
Article 62
(1) Only an applicant who has participated in the professional training and has applied to the Office to be examined shall be admitted to the examination. The certificate of completing the specialised training shall be submitted to the examination board of the Office not later than by the beginning of the examination.
(2) The examination is held free of charge.
(3) The examination dates are announced by the Office. The Office shall invite the applicants to the examination not later than 10 days before it is held.
(4) Before beginning the examination, the examination board of the Office shall check the applicant’s identity.
(5) The examination consists of:
a) A written part which tests the applicant’s specialised knowledge and familiarity with the legal regulations related to public procurement,
b) An oral part which consists of additional questions asked by the members of the examination board of the Office.
Article 63
(1) Each part of the examination will be evaluated by the examination board of the Office separately, either by the result „passed" or „failed". The course and the evaluation of the examination shall be recorded in a protocol made by the examination board of the Office and signed by all the Office´s examination board members present.
(2) The examination shall be passed successfully where the applicant will have passed both its parts.
(3) Immediately after the completion of the examination the Chairperson of the examination board of the Office shall issue a certificate stating that the examination has been successfully passed.
List of Persons ProfessionallyQualified for Public Procurement
Article 64
(1) The list of persons professionally qualified for public procurement is a publicly accessible list available for inspection and for taking notes thereof.
(2) The Office shall enter in the list anyone who has successfully passed the examination and paid the administrative fee.
Article 65
(1) The following data shall be registered in the list of the persons professionally qualified for public procurement:
a) The first name, the family name and the academic degree of the person with specialised qualifications and his/her birth registration number,
b) His/Her permanent home address,
c) The date when the examination was taken,
d) The date on which the licence of specialised qualifications was issued,
e) The registration number.
(2) The person with specialised qualifications is obliged to notify the Office without any delay of any changes of the data which are to be entered into the list and of the changes in the prerequisites for specialised qualifications.
Article 66
An administrative fee shall be paid for the entry in the list.
Article 67
(1) The Office shall delete from the list of persons professionally qualified for public procurement anyone who:
a) Has died or has been declared to be dead,
b) Has been incapacitated for legal deeds or his/her legal capacity has been restricted,
c) Without any due reason has failed to participate in the retraining,
d) Has applied in writing to the Office for being deleted from the list,
e) Was lawfully sentenced for a deliberate crime related to public procurement,
f) Has not exercised public procurement activities for more than three years,
g) Has not notified the Office of changes in his/her data,
h) Has repeatedly violated the law in exercising his/her activities related to public procurement;
i) Will be post facto found by the Office as not complying with the professional qualification prerequisites.
(2) In the case of a reason for deletion from the list of professionally qualified persons pursuant to Paragraph 1, items c), f), g) h) and i), within seven days of finding out the reason the Office shall notify in writing the person to be deleted and shall require the same to present his/her opinion not later than 15 days after the date of the dispatch of the notification. Should he/she not present his/her opinion or should it not be evident from his/her opinion that there is no reason for his/her deletion, the Office shall delete the person with specialised qualifications from the list and ask the same to return his/her licence of professional qualifications within a set period.
Article 68
Licence of Professional Qualification
(1) The Office shall issue a licence of professional qualification to anyone entered in the list of professionally qualified persons within 30 days of this entry.
(2) The licence of professional qualification shall include the following data:
a) The first name, the family name and the academic title of the person with specialised qualifications and his/her birth registration number,
b) His/Her permanent home address,
c) The date of issuance of the licence of specialised qualifications,
d) The name of the Office and its official stamp,
e) The registration number,
f) The signature of the Chairperson of the Office or his/her authorised proxy.
(3) The licence testifies that its holder has professional qualification for public procurement.
(4) The licence shall become void if lost, stolen, destroyed, or if the person with professional qualification is deleted from the list.
(5) The person with profesional qualification shall be obliged to:
a) Immediately notify the Office that the licence of his/her specialised qualifications has been lost, stolen or destroyed,
b) Return the licence of professional qualification upon the request of the Office.
Article 69
Re-Training
(1) The Office shall order the re-training of all or only of certain groups of the professionally qualified persons where substantial changes in the legal regulations on public procurement have occurred.
(2) The re-training shall be performed by the organising training institution pursuant to the training programmes approved of by the Office.
(3) Upon the request of the Office the person with specialised qualifications shall be obliged to participate in re-training.
TITLE FIVE
LIST OF ENTREPRENEURS AND THE JOURNAL
Article 70
(1) The Office shall maintain a list of entrepreneurs who have manifested their ability to conclude public procurement contracts and have applied for being entered therein. Being entered in the list of entrepreneurs qualifies the entrepreneur for participating in public procurement without any need to document his/her compliance with the conditions of public procurement pursuant to Article 24.
(2) The list of persons with specialised qualifications is a publicly accessible list available for inspection and for taking notes thereof.
(3) The data entered in the list are effective with regard to any procuring entity and within the public procurement procedures it is not necessary to verify them.
(4) With regard to the procuring entity who is acting in the good faith of the entry in the list, the entrepreneur whom the entry concerns cannot object that the entry does not correspond to the reality.
(5) The entry into the list is made with the term of validity of one year.
Application for Entry
Article 71
(1) The application for entry in the list shall include the following:
a) The business name and the place of business of the entrepreneur,
b) The subject of his/her business,
c) The legal form of the entrepreneur,
d) The Business Identification Number,
e) The Tax Revenue Identification Number in the case of a VAT payer,
f) The list of the statutory body members, giving their first names, family names and birth registration numbers,
g) The stamp and the signature of the statutory body member of the entrepreneur.
(2) The following shall be attached to the application:
a) An extract from the Criminal Registry of each of the statutory body members,
b) A certificate by the health insurance agency and the Social Insurance Agency of a clean record concerning insurance contribution arrears collectable by effecting a ruling,
c) A certificate by the National Labour Office of a clean record concerning unemployment contribution arrears collectable by effecting a ruling,
d) A certificate by the tax revenue administrator of a clean record of tax revenue arrears collectable by a revenue ruling,
e) A document proving his/her authorisation to do business,
Article 72
(1) Should the application fail to contain all the necessary information, the Office shall ask the entrepreneur to complete the same until a set time limit. Where the entrepreneur does not supply these within the time limit, the Office shall return to him/her the application with all the enclosures and shall stop the tender.
(2) The Office shall enter the entrepreneur in the list not later than 15 days from the date of the delivery of his/her application, and in the case when the application was not complete, from the date when it became complete.
(3) The Office shall not enter into the list any entrepreneur who does not comply with the requirements for participation in public procurement pursuant to Article 24.
Article 73
List of Entrepreneurs
The list shall contain the following:
a) The business name and the place of business of the entrepreneur,
b) The subject of his/her business,
c) The Business Identification Number of the enterprise,
d) His/Her Tax Revenue Identification Number if he/she is a VAT payer,
e) His/Her Registration Number.
Article 74
Change of Data
(1) The entrepreneur shall be obliged to notify the Office in writing of any change of the data included in the application not later than within 15 days of the time when it occurred and support it by a document.
(2) The Office shall update the data in the list of entrepreneurs on the basis of the announced changes and of the submitted documents not older than one month.
(3) Where the entrepreneur wishes to extend his/her entry in the list of entrepreneurs, he/she must submit a new application with enclosures not later than 30 days before his/her entry is terminated.
Article 75
Certificate of Entry in the List of Entrepreneurs
(1) Within seven days of his/her entry in the list of entrepreneurs the Office shall issue to the entrepreneur a certificate of his/her entry in the list of entrepreneurs.
(2) The certificate of the Office shall contain data maintained in the list of entrepreneurs. The certificate shall be issued on the official form of the Office.
Article 76
Deletion from the List of Entrepreneurs
(1) The Office shall delete from the list of entrepreneurs anybody who:
a) Has ceased to comply with the conditions of participating in public procurement pursuant to Article 24,
b) Has not complied with the obligation to announce any change of data,
c) For the entry in the list has used documents which turned out to be forged or void,
d) Has applied in writing therefor;
e) Was entered a year ago and the term of validity of his/her entry has not been extended.
(2) The Office shall notify the entrepreneur of his/her deletion from the list of entrepreneurs within 15 days of the deletion.
(3) Where the entrepreneur was deleted for reasons listed in Paragraph 1, sub b) or c), the Office may decide to exclude the same for a specified time, however, not for longer than for five years, from the possibility of a repeated entry in the list of entrepreneurs.
Article 77
Journal
(1) The Journal shall publish in particular the following:
a) The prior information notice, the notice of invitation to the public procurement, and the result of the public procurement,
b) A list of the foreign press media recommended for advertising the notices concerning public procurement,
c) A list of entrepreneurs and changes therein,
d) A list of the entrepreneurs who have been deleted from the list of entrepreneurs maintained pursuant to Article 73 for a reason stated in Article 76, Paragraph 1, sub b) or c),
e) A list of the organising training institutions and the data concerning their specialised training and re-training,
f) The place and the dates of examinations,
g) Any other information as decided by the Office.
(2) The Journal shall be issued by the Office. The publishing of the notice in the Journal shall be based on the original of the notice. The Office shall publish the notice not later than 12 days after it had been dispatched. In the case of shorter time limits for submitting the documents or for submitting the tenders pursuant to Article 41, Paragraph 2, Article 44, Paragraph 4, or Article 49, Paragraph 2 the time limit for publishing the notice shall be reduced to five days.
(3) The Journal is issued every seven days.
PART THREE
PUBLIC PROCUREMENT ADMINISTRATION
TITLE ONE
OFFICE
Establishment of the Office
Article 80
(1) The Office for Public Procurement as a central state administration authority for the area of public procurement and concession procurement is hereby being established.
(2) The seat of the Office is in Bratislava.
(3) The Office may establish permanent or temporary workplaces outside its seat. These workplaces shall not constitute legal entities.
Article 81
(1) The Office is headed by its Chairperson appointed and recalled by the Government of the Slovak Republic (hereinafter referred to only as the „Government").
(2) The Vice-Chairperson of the Office is appointed and recalled by the Government on the basis of a proposal by the Chairperson of the Office.
(3) The term of office of the Chairperson and the Vice-Chairperson shall be five years. Both the Chairperson and the Vice-Chairperson may be appointed to their offices for two consecutive terms only.
Article 82
(1) The Government shall recall the Chairperson or the Vice-Chairperson from office in the following cases:
a) If he/she has been legally sentenced for a deliberate crime,
b) If he/she is holding an office or performing an activity incompatible with the position of a Chairperson or a Vice-Chairperson.
(2) The Government may suspend the office of the Chairperson or Vice-Chairperson where penal prosecution has been opened against the same in relation to their holding the position.
Article 83
The Authority of the Office
(1) The Office shall do the following:
a) Work out public procurement and concession procurement concepts,
b) Carry out state administration in the area of public procurement and concession procurement,
c) Carry out supervision over the concession procurement,
d) At least once a year submit to the Government and upon request also to the committee of the National Council of the Slovak Republic a report on the results of its activities,
e) Announce the conversion calculations of the financial thresholds for the above-the-threshold methods of public procurement into the Slovak currency,
f) Collect and publish in the Journal information on the intended methods of public procurement for the particular year,
g) Issue the Journal,
h) Maintain the list of entrepreneurs,
i) Prepare the programmes of specialised training and re-training,
j) Issue licences of specialised qualifications and maintain the list of persons with specialised qualifications,
k) Provide methodological guidance to the participants in the process of public procurement,
l) Impose fines,
m) Perform any other activities pursuant to this Act.
(2) The Office shall perform supervision over the public procurement and make decisions on the objections of the participants in public procurement which are filed with regard to the activities of the procuring entity.
(3) Details on the advertising of prior information notices, notices of invitation to methods of public procurement, competition documentation and the results of public procurement shall be stipulated by the Government by a decree.
(4) The office shall supervise the settling of complaints against the procedures applied within the competitions financed and carried out pursuant to the regulations of the European Community of an international financial institution.
TITLE TWO
SUPERVISION OVER PUBLIC PROCUREMENT
Article 84
Supervision and Its Scope
(1) The Office shall supervise the activities of the procurers within public procurement.
(2) In exercising its supervision, the Office shall:
a) Monitor the transparency of public procurement and its compliance with the principles of non-discrimination and equal treatment of tenderers and candidates,
b) Check the correct employment of the methods and procedures of public procurement,
c) Monitor and evaluate the compliance with the conditions for employing the public procurement methods.
(3) In exercising its supervision of public procurement, the Office shall act in accordance with the general regulations on inspection /20/, unless otherwise stipulated by this Act.
(4) The execution of supervision pursuant to this Act shall not affect the authorities of any other inspection bodies exercising inspection pursuant to special regulations./21/
Article 84a
Inspecting the Simplified Procedure of Public Procurement
(1) The inspection of the simplified procedure of public procurement is carried out by the internal inspection of the procuring entity. The above does not restrict the authorisations of other inspection bodies.
2) The Office is authorised to carry out subsequent supervision of the procedure of the procuring entity applied within the simplified procedure of public procurement.
(3) The correctness and the success of public procurement is assessed above all on the basis of
(4) Within the inspection of the simplified procedure of public procurement Article 87 and Article 89, Paragraph 2 will not be applied.
Article 85
Co-operation with Inspection Bodies
In performing their inspection tasks, the inspection bodies shall be obliged to cooperage with the Office, in particular to co-ordinate the carrying out of inspections and the carrying out of supervision, and upon the request of the Office provide for the inspection to be carried out, as well as submit to the Office the conclusions of the inspection.
Article 86
Objections Against the Activities of the Procuring Entity
(1) In public procurement, objections in writing may be raised against the following:
a) The conditions stated in the competition documentation,
b) The exclusion of a tenderer or candidate,
c) The decision on the ranking of the evaluated tenders,
d) The conditions stated in the notice or in the invitation.
(2) The objections may be raised by any tenderer or candidate if they believe that they were or may have been affected in their rights or legally protected interests as a result of any inappropriate activities of the procuring entity.
(3) The tenderer or candidate must justify his/her objections and state where he/she can see any discrimination in the conditions or in the illegitimacy of the procuring entity’s decision concerning his/her being deleted or concerning any incorrect decision in ranking the evaluated tenders.
(4) Objections may be filed:
a) Within seven days from the receipt of the competition documentation, if the objections are aimed against the conditions stated in the competition documentation,
b) Within ten days from the receipt of a notice of exclusion against such exclusion of a tenderer or candidate,
c) Within seven days from the receipt of the notice of the results of the tender, if the objections are aimed against the ranking of the evaluated tenders,
d) Within ten days from publishing the contract notice.
(5) The title to file objections shall perish unless applied within the time limit stated in Paragraph 4.
(6) The objections are to be filed with the Office and the procuring entity. Not later than within 24 hours the procuring entity shall be obliged to deliver to the Office its opinion and the documentation concerning the objections raised.
(7) The Office shall be obliged to rule the objections:
a) Within seven days from the date of their filing in the case of objections pursuant to Paragraph 1, sub a) and d),
b) Within ten days from the date of their filing, in the case of objections pursuant to Paragraph 1, sub b),
c) Within thirty days from the date of their filing, in the case of objections pursuant to Paragraph 1, sub c).
(8) Until the Office´s ruling concerning the objections, the procuring entity may not announce the results of public procurement.
(9) The Office may abolish the delaying force with regard to the objections where there is the risk that their negative consequences are not within public interest, namely if these should exceed the benefits. No appeal can be filed against the ruling of the Office on the abolishment of the delaying force.
(10) Objections against the activities of the procuring entity shall also be considered to constitute an impetus for starting the proceedings for the termination or suspension of the method of public procurement.
(11) The Office may join the proceedings on objections with the proceedings pursuant to Article 87, Paragraphs 1 and 2.
(12) The general regulations on administrative proceedure do not apply to the objection proceedings and to the proceedings pursuant to Paragraph 11. 19)
(13) The filing of an objection against the procedure applied by the procuring entity must not be detrimental to the tenderer or the candidate.
(14) No legal remedy can be filed against the decision of the Office on the objections.
(15) The decision of the Office can be scrutinised by the court if the complaint is lodged not later than one month after the resolution comes into effect. The decision comes into effect on the day when it is delivered.
Article 86a
Objections with regard to the procedure applied by the procuring entity pursuant to Article 86 cannot be submitted
a) In the case of a simplified procedure of public procurement,
b) In the case of design contest if this method is not conducive to awarding a contract.
Article 87
Dissolution and Suspension of the Method of Public Procurement
(1) Whenever a violation of the public procurement process is found by the Office, before awarding the contract the Office may order the dissolution of:
a)The announced method of public procurement,
b) The discriminatory technical requirements of the procuring entity, the economic or financial requirements stated in the contract notice, in the competition documentation or in any other documents relating to public procurement.
(2) The Office may abolish the procuring entity’s decision to exclude a tenderer or a candidate or abolish the decision on the ranking of the evaluated tenders where it finds that the principles of non-discrimination have been violated.
(3) Until its decision pursuant to Paragraphs 1 and 2, the Office may suspend the public procurement for not more than 30 days by a preliminary ruling. During this period no time limit shall efflux.
(4) No remedial measure can be required with regard to the ruling of the Court of Justice.
(5) The decision of the Office can be scrutinised by the Court of Justice if the complaint is filed within one month after the resolution entered into validity. The decision shall become valid on the day of its delivery.
Article 88
Impetuses to Performing Inspection
The filings which do not constitute objections against the procuring entity’s actions and point out violations of the public procurement process on the part of the procuring entities, shall be considered to be impetuses to performing inspection.
Article 89
The Authority of Law Courts
(1) The disputes concerning the validity and the contents of legal relationships in public procurement shall be decided by law courts.
(2) Should a procuring entity conclude a contract contrary to the Act, within a year of concluding it the Office may file a proposal to have its invalidity determined by a law court.
Article 90
Fines
(1) The Office may impose on the procuring entity a fine of:
a) Up to SKK 1 000 000 where the latter has avoided the obligation to conclude the contract pursuant to this Act,
b) Up to SKK 500 000 where the latter has split up the subject of procurement in order to avoid the employment of the above-the-threshold method of public procurement,
c) Up to SKK 300 000 where the latter has not published a notice of invitation to the above-the-threshold method of public procurement in the foreign press media,
d) Up to SKK 100 000 where the latter has not complied with the measures imposed upon the same by the decision of the Office; this fine may also be imposed repeatedly where the obligation has not been complied with by the time limit, however, only up to the amount of SKK 300 000,
e) Up to SKK 200 000 where the latter has not complied with the published criteria for the evaluation of tenders,
f) 0.5 per cent of the contract value, but not less than SKK 10 000, where the latter has concluded the contract by a negotiated procedure with a prior notification or a contract by a negotiated procedure without a prior notification, while the conditions for its employment have not been complied with.
(2) The Office may impose a fine to the public procurement entity up to the amount of 10 % of the contract value of the subject of procuring if the procuring entity did not proceed pursuant to Article 36, paragraph 4, Article 56b, sub d) and g), Article 56c, Paragraph 1, and Article 56d, Paragraph 1.
(3) The Office may commence its proceedings of imposing a fine within one year from the date on which it had learned about the violation of the matters pursuant to Paragraphs 1 and 2, but not later than three years from the date when the said violation occurred.
(4) The fines constitute an income for the state budget.
PART FOUR
FINAL PROVISIONS
Article 91
Proceedings
To the proceedings in which the Office has the authority to decide, the general regulations on administrative proceedings apply 19), unless otherwise stated by this Act.
Article 92
Transitional Provisions
(1) Any tenders published prior to the effective date of this Act shall be completed pursuant to the so far existing regulations.
(2) Any proceedings commenced prior to the effective date of this Act shall be governed by the so far existing regulations.
(3) Any proceedings on imposing fines commenced prior to this effective date shall be completed by the Office pursuant to the so far existing regulations.
(4) To any proceedings on imposing fines commenced after the Act entering into effect which apply to tenders pursuant to Paragraph 1 or to tenders completed prior to the effective date of the Act the so far existing regulations shall apply.
(5) Any settlement of suggestions pursuant to Paragraph 2 and any proceedings pursuant to Paragraph 3 shall be finalised by the Office, which shall also carry out the proceedings pursuant to Paragraph 4.
(6) The Ministry of Justice of the Slovak Republic shall perform the operations of the Office which are related to publishing the notices of invitation to public procurement and to publishing the results of public procurement in the Commercial Journal until the time when the Journal starts to be published, however, not longer than for 12 months after establishing the Office.
Article 92a
The tenders announced before the day when this Act enters into effect shall be completed pursuant to the so far applying regulations.
Article 93
Transit of Rights
(1) The rights and obligations resulting from labour relations and other relations connected with establishing the Office shall transit from the Ministry of Construction and Public Works of the Slovak Republic and from the regional authorities to the Office.
(2) The details of the transiting of these rights and obligations shall be regulated by an agreement defining in particular the type and scope of the transited assets and liabilities and determining who of the employees will be transiting to be employed by the Office.
Article 94
Abolishing Provisions
The following shall be abolished:
1. The Act of the National Council of the Slovak Republic No 263/1993 Corpus Juris on Public Procurement of Supplies, Services and Public Works (Act on Public Procurement), as amended by the Act of the National Council of the Slovak Republic No 81/1994 Corpus Juris, by the Act of the National Council of the Slovak Republic No 120/1996 Corpus Juris, and by the Act of the National Council of the Slovak Republic No 222/1996 Corpus Juris,
2. Article 3, Paragraph 1, sub l) and items No 133 through 140 of the Annex to the Act of the National Council of the Slovak Republic No 222/1996 Corpus Juris on the System of Local State Administration and on Modification and Amendment of Some Acts.
Article 94a
The following shall be abolished:
1. Annex No 2 to Act No 263/1999 of the Corpus Juris.
2. Annex No 3 to Act No 263/1999 of the Corpus Juris.
TITLE II
The Act of the National Council of the Slovak Republic No 119/1996 Corpus Juris on Concession Procurement, as amended by the Act of the National Council of the Slovak Republic No 222/1996 Corpus Juris, shall be modified and amended as follows:
1. In Article 2, Paragraph 2 item g) shall read:
„g) shall notify the Office for Concession Procurement (hereinafter referred to only as „Office") of the beginning of concession proceedings and upon its request shall provide documentation of concession procurement for performing supervision,".
2. In Article 7, Paragraph 1 the words „Ministry of Building Industry and Public Works of the Slovak Republic (hereinafter the „Ministry„)" shall be replaced by the word „Office".
3. Article 24, including its heading, shall read:
"Article 24
Supervision
The Office shall supervise concession procurement, in particular by:
a) Supervising the compliance with this Act and drawing the attention of the central state administration body or municipality within whose authority the procuring entity belongs to the shortcomings found, with the aim of their correction,
b) Supervising the preparedness of the constructions where the concession is provided by the Government.„
4. Article 24a shall read as follows:
"Article 24a
The Office shall provide methodological guidance to the procuring entities and provide professional assistance to other central state administration bodies and municipalities.".
Title III
The Act of the Slovak National Council No 347/1990 Corpus Juris on the System of Organisation of Ministries and Other Central State Administration Authorities of the Slovak Republic, as amended by the Act of the Slovak National Council No 197/1991 of the Coll., by the Act of the Slovak National Council No 298/1991 of the Coll., by the Act of the Slovak National Council No 494/1991 of the Coll., by the Act of the Slovak National Council No 294/1992 of the Coll., by the Act of the Slovak National Council No. 322/1992 of the Coll., by the Act of the Slovak National Council No 453/1992 of the Coll., by the Act of the National Council of the Slovak Republic No 2/1993 Corpus Juris, by the Act of the National Council of the Slovak Republic No 61/1993 Corpus Juris, by the Act of the National Council of the Slovak Republic No 83/1994 Corpus Juris, by the Act of the National Council of the Slovak Republic No 74/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 207/1995 Corpus Juris, by the Act No 58/1998 Corpus Juris, by Act No 143/1998 Corpus Juris, by Act No. 200/1998 Corpus Juris, and by Act No 337/1998 Corpus Juris shall be modified as follows:
1. In Article 10, item b) is deleted.
The so far existing items c) through f) shall be renamed to b) through e).
2. In Article 20, Paragraph 1 shall be amended by point j) which shall read:
„j) Office for Public Procurement.".
3. In Article 20, Paragraph 3, item „i)" shall be replaced by item „j)".
4. After Article 26a there is inserted Article 26b which, including its title, reads:
„Article 26b
Office for Public Procurement
The Office for Public Procurement is a central state administration body for public procurement and concession procurement."
Title IV
Act No 455/1991 of the Coll. on Trade Licensing (Trade Licence Act), as amended by Act No 231/1992 of the Coll., by Act No 600/1992 of the Coll., by the Act of the National Council of the Slovak Republic No 132/1994 Corpus Juris, by the Act of the National Council of the Slovak Republic No 200/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 216/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 233/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 123/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 164/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 222/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 289/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 290/1996 Corpus Juris, by Act No 288/1997 Corpus Juris, by Act No 379/1997 Corpus Juris, by Act No 70/1998 Corpus Juris, by Act No 76/1998 Corpus Juris, by Act No 126/1998 Corpus Juris, by Act No 129/1998 Corpus Juris, by Act No 140/1998 Corpus Juris, by Act No 143/1998 Corpus Juris, by Act No. 144/1998 Corpus Juris, by Act No 161/1998 Corpus Juris, by Act No 178/1998 Corpus Juris, by Act No 179/1998 Corpus Juris, and by Act No 194/1998 Corpus Juris is modified and amended as follows:
In Annex No 2, in Group 214 - Others, the following words shall be added at the end:
" Public Procurement The licence will be issued by the Office for Public Procurement of the Slovak Republic Articles 57 and 58 of Act No 263/1999 Corpus Juris on Public Procurement and on Modification and Amendment of Some Acts.".
Title V
Act No 513/1991 of the Coll. – the Commercial Code, as amended by Act No 264/1992 of the Coll., by Act No 600/1992 of the Coll., by the Act of the National Council of the Slovak Republic No 278/1993 Corpus Juris, by the Act of the National Council of the Slovak Republic No 249/1994 Corpus Juris, by the Act of the National Council of the Slovak Republic No 106/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 171/1995 Corpus Juris, by the Act of the National Council of the Slovak Republic No 58/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 317/1996 Corpus Juris, by the Act of the National Council of the Slovak Republic No 373/1996 Corpus Juris, and by Act No 11/1998 Corpus Juris is modified and amended as follows:
In Article 261, Paragraph 2 in the first sentence the words „by the state or a local government territorial unit, and by the entrepreneurs in their business activities, where these apply to providing for public needs" shall be replaced by the words: "by the state, a local government of territorial unit or a legal entity established by law as a public institution, where these apply to providing for public needs or for their own operation."
Title VI
Entering into Effect
The Act shall enter into effect on 1 January 2000, except for Article 24, Paragraph 3 and Article 57, Paragraph 1, which shall enter into effect on January 1, 2002.
Act No 557/2001 of the Corpus Juris entered into effect on January 1, 2002
Act No 530/2002 of the Corpus Juris shall enter into effect on January 1, 2003
Annex No 1
to Act No 263/1999 Corpus Juris
LIST OF SUPPLIES
1. Chapter 25
Salt; sulphur; earths and stone; plastering materials, lime and cement
2. Chapter 26
Metallic ores, slag and ash
3. Chapter 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes with the exception of: item 2710: Special engine fuels
4. Chapter 28
Inorganic chemicals: organic or inorganic compounds of precious metals, rare-earth metals, of radioactive elements or isotopes with the exception of items
2809: explosives
2813: explosives
2814: tear gas
2828: explosives
2832: explosives
2839: explosives
2850: toxic products
2851: toxic products
2854: explosives
5. Chapter 29
Organic chemicals with the exception: of items
2903: explosives
2904: explosives
2907: explosives
2908: explosives
2911: explosives
2912: explosives
2913: toxic products
2914: toxic products
2915: toxic products
2921: toxic products
2922: toxic products
2923: toxic products
2926: explosives
2927: toxic products
2929: explosives
6. Chapter 30
Pharmaceutical products
7. Chapter 31
Fertilisers
8. Chapter 32
Tanning and dyeing extracts; tannings and their derivatives; dyes, pigments and other dyeing substances; painting colours and varnishes; putty; inks
9. Chapter 33
Essential oils and resinoids; perfumery, cosmetic and toilet preparations
10. Chapter 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes, dental waxes and plaster-based dental preparations
11. Chapter 35
Albuminoidal substances; modified starches; glues; enzymes
12. Chapter 37
Photographic and cinematographic products
13. Chapter 38
Miscellaneous chemical products with the exception of:
item 3819: toxic products
Chapter 39
Plastic materials and products thereof with the exception of:
item 3903: explosives
15. Chapter 40
India rubber and products thereof with the exception of:
item 4011: bullet-proof tyres
16. Chapter 41
Raw hides and skins (other than furskins) and leather
17. Chapter 42
Articles of leather; saddlery and strappery; travel goods; handbags, bags and similar containers; articles of animal gut (other than silkworm gut)
18. Chapter 43
Furskins and artificial fur; manufactures thereof
19. Chapter 44
Wood and articles of wood; wood charcoal
20. Chapter 45
Cork and articles of cork
21. Chapter 46
Manufactures of straw, of esparto and of other plaiting materials; basketware and wickerwork
22. Chapter 47
Fibres of wood or other pulp fibres; recycled (waste and scrap) paper, cardboard or paperboard
23. Chapter 48
Paper, cardboard and paperboard; articles of paper pulp, of paper, of cardboard or of paperboard
24. Chapter 49
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans
25. Chapter 65
Headgear and parts thereof
26. Chapter 66
Umbrellas, sunshades, walking-sticks, seat sticks, whips, riding-crops and parts thereof
27. Chapter 67
Prepared feathers and down and articles thereof; artificial flowers; articles of human hair
28. Chapter 68
Articles of stone, of plaster, of cement, of asbestos, of mica or of similar materials
29. Chapter 69
Ceramic products
30. Chapter 70
Glass and products thereof
29. Chapter 71
Genuine pearls (natural or artificially bred), precious and semi-precious stones, precious metals, metals plated by precious metals (gilded) and articles thereof; imitation jewellery; coins
32. Chapter 73
Articles of iron or steel
33. Chapter 74
Copper and articles thereof
34. Chapter 75
Nickel and articles thereof
Chapter 76
Aluminium and articles thereof
36. Chapter 77
(Chapter available, to be added: Magnesium and beryllium and products thereof)
37. Chapter 78
Lead and articles thereof
38. Chapter 79
Zinc and articles thereof
39. Chapter 80
Tin and articles thereof
Chapter 81
Other base metals; cermets; articles thereof
41. Chapter 82
Tools, implements, knife articles and cutlery of base metals, parts thereof and components of basic metals with the exception of items:
8205: tools
8207: tools, parts
42. Chapter 83
Miscellaneous products of base metals
43. Chapter 84
Nuclear reactors, boilers, machinery, apparatuses and mechanical appliances; parts and components thereof with the exception of :items:
8406: engines
8408: other engines
8445: machinery
8453: automatic data-processing machines 8455: parts of machines under heading No 84.53
8459: nuclear reactors
44. Chapter 85
Electrical machinery, apparatuses and equipment and parts and components thereof; sound recording and reproduction devices; TV image and sound recording and reproduction devices, parts and components thereof with the exception of: items:
8513: telecommunication devices
8515: transmission apparatuses
45. Chapter 86
Railway and tramway locomotives, rolling-stock and parts and components thereof; track fixtures and immobile equipment and parts thereof; all types of traffic signalling mechanical (and electric-mechanical) devices with the exception of: items:
8602: armoured locomotives, electric
8603: other armoured locomotives
8605: armoured wagons
8606: repair wagons
8607: wagons
46. Chapter 87
Other than rolling vehicles; parts, components and accessories thereof with the exception of items:
8701: tractors
8702: military vehicles
8703: breakdown lorries
8709: tanks and other armoured vehicles
8709: motorcycles
8714: trailers
47. Chapter 89
Ships, boats and floating structures with the exception of: item: 8901: warships
Chapter 90
Optical, photographic, cinematographic, measuring, checking, exact, precision, medical and surgical tools and apparatuses; parts and components thereof with the exception of: items:
9005: binoculars
9011: microscopes
9013: miscellaneous instruments, lasers
9014: telemeters (distance measuring devices)
9028: electrical and electronic measuring instruments
9017: medical instruments
9018: mechano-therapy appliances
9019: orthopaedic appliances
9020: X-ray apparatuses
49. Chapter 91
Clocks, watches and parts thereof
50. Chapter 92
Musical instruments; parts and components thereof
51. Chapter 94
Furniture, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; light fittings and accessories thereof n. e. c., illuminated advertisement signs; illuminated signs and symbols; illuminated information boards and similar products; assembled constructions with the exception of: item: 9401: aircraft seats
52. Chapter 95
Toys, games and sport utensils; parts, components and accessories thereof
53. Chapters 96 and 98
Miscellaneous articles
Annex No 2
to the Act of the National Council of the Slovak Republic No. 263/1999 Corpus Juris
CONTENTS OF A PRIOR INFORMATION NOTICE
A. Supply Contracts
1. Identification of the procuring entity: name, place of business, telephone number, fax number, or e-mail.
2. Type and volume of supplies to be delivered and the related services.
3. (a) Expected date of publishing the contract notice and the type of the contract to be concluded, if known
(b) The public procurement method to be used.
4. Any other information
5. Date of dispatch of prior information notice to the Journal by the procuring entity.
6. Place of delivery of supplies.
B. Service Contracts
1. Identification of the procuring entity: name, place of business, telephone number, fax number, or e-mail.
2. The list of services to be contracted by the procuring entity.
3. (a) The expected date of publishing the contract notice and the type of the contract to be concluded, if known.
(b) The method of public procurement to be employed.
4. Any other information.
5. Date of dispatch of the prior information notice to the Journal by the procuring entity.
6. Place of delivery of the service.
C. Works Contracts
1. Identification of the procuring entity: name, place of business, telephone number, fax number, or e-mail.
2. (a) Place where carried out
(b) Type and scope of the works to be supplied, the main characteristics of the works or work items.
(c) The expected cost of the works to be supplied.
3. (a) The public procurement method to be employed.
(b) The expected date of publishing the contract notice and the type of the contract to be concluded, if known,
(c) The expected date of the commencement of works,
(d) The expected date of completing the works.
4. Any other information.
5. The date of dispatch of the prior information notice to the Journal by the procuring entity.
6. The place of delivery of the works.
CONTENTS OF THE CONTRACT NOTICE
A. OPEN TENDER
1. Identification of the procuring entity: name, place of business, telephone number, fax number, or e-mail.
2. The type of contract resulting from the open tender and the subject of procurement defined by its number on the basis of the customs tariff (supplies) or production classification (services or works) and the description thereof.
3. Place of delivery of the supplies, services or works.
4. In the procurement of supplies or works:
(a) type and quantity of the supplies to be delivered or the nature and scope of services to be provided with the supplies;
(b) indication if the suppliers are able to supply only certain or all of the supplies requested;
(c) where – in case of works contracts – the work is subdivided into several lots, their order by size and the possibility of tendering for one lot, several ones or all of them.
5. In the procurement of services:
(a) indication if the performance of the service is conditioned by special qualifications;
(b) indication if the tenderers should indicate the names and professional qualifications of their staff in charge of the service performance;
(c) indication if the tenderers may submit a tender for supplying only certain lots of the services.
6. Authorisation to submit alternative solutions.
7. Use of any other specifications than those stated in Article 29.
8. Time limits for the delivery or completion of the contract or the contract term.
9. Place and manner of obtaining the contract documents:
(a) address where the contract documents may be requested;
(b) the amount and the terms of payment for the contract documents, if any.
10. The time limit for the submission of tenders and the language thereof:
(a) day, month, year of the time limit;
(b) address to which the tenders are to be delivered;
(c) language or languages in which the tenders must be submitted.
11. Opening of envelopes with tenders:
(a) the procuring entity’s decision if the tenderers will be allowed to attend the opening of envelopes with tenders;
(b) date, time, and place of opening the tenders.
12. The amount of bond, if required.
13. The major terms related to funding the subject of procurement and payments or references to the documents in which they are stated.
14. The legal form of the legal entity to be established by a group of entrepreneurs (tenderers), or the type of contract to be entered into by entrepreneurs within mutual relationships, if this is required for concluding a contract.
15. Conditions of participation of the tenderers in the open tender.
16. The term during which the tenders are bound.
17. Criteria for evaluating the compliance of the tenderers with the tender participation conditions and criteria for evaluating the tenders.
18. Any other information by the procuring entity.
19. Where a prior information notice was published, the date of its publishing in the Journal.
20. Date of dispatch of the notice to the Journal by the procuring entity.
B. RESTRICTED TENDER
1. Identification of the procuring entity: name, address, telephone number, fax number, or e-mail.
2. The type of the contract which will result from the restricted tender and the procurement subject defined by a number on the basis of a customs tariff (supplies) or of production classification (services or works) and the description thereof.
3. Place of delivery of the supplies, services and works.
4. For the procurement of supplies or works:
(a) the nature and quantity of the supplies to be delivered or the nature and scope of the services to be provided with the supplies;
(b) an indication if the suppliers may tender for certain or all of the supplies required;
(c) the ordering according to the size of the items and the possibility of submitting the tender for one lot, for several lots, or for all of these lots where in the case of concluding contracts for works the work is subdivided into several lots;
5. For procuring services:
(a) an indication if for the execution of a service particular professional qualifications are necessary;
(b) an indication if the tenderers should give the names and the professional qualifications of their staff in charge of supplying the services;
(c) an indication if the suppliers may tender for supplying only a part of the services concerned.
6. Authorisation to submit alternative tenders.
7. Using of also other specifications than those laid down in Article 29.
8. Time limits for the delivery or completion of the subject of procurement or the contract term.
9. Place and manner of obtaining the contract documents:
(a) the address where the competition documentation may be requested;
(b) the amount and terms of payment for the competition documentation, if required.
10. The time limit for submitting the documents proving the compliance with the participation conditions of the candidates in a restricted tender:
(a) day, month, and year of the time limit;
(b) address to which the tenders are to be delivered;
(c) time limit for the notice of results concerning the candidates’ compliance with the participation conditions.
11. Time limit for submitting the tenders and the language thereof:
(a) day, month, year of the time limit;
(b) address to which the tenders are to be delivered;
(c) language or languages in which the tenders must be submitted.
12. Time limit by which the procuring entity shall dispatch the invitations to submit tenders.
13. Opening the tenders:
(a) the decision of the procuring entity whether the participation of candidates at the opening of tenders will be allowed;
(b) Date, time, and place of opening the tenders.
14. The amount of bond, if required.
15. The main terms concerning the funding of the subject of procurement and the payments or references to the documents stating these terms.
16. The legal form of the legal entity to be established by a group of entrepreneurs (candidates), or the type of contract to be entered into by entrepreneurs within mutual relationships, if this is required for concluding a contract.
17. Conditions for the candidate’ participation in a restricted tender.
18. The term during which the tenders are bound.
19. Criteria for evaluating the candidates’ compliance with the participation conditions in a restricted tender and the tender evaluation criteria.
20. Any other information by the procuring entity.
21. Where a prior notice was published, the date of its publishing in the Journal.
22. The date when the procuring entity dispatched the notice to the procuring entity.
C. NEGOTIATED PROCEDURE
1. Identification of the procuring entity: name, address, telephone number, fax number, or e-mail.
2. The type of the contract resulting from the negotiated procedure and the subject of procurement defined by the number based on the customs tariff (supplies), or production classification (services or works) and the description thereof.
3. Place of delivery of the supplies, services or works.
4. For the procurement of supplies or works:
(a) the nature and quantity of the supplies to be delivered or the nature and scope of the services to be provided with the supplies,
(b) an indication whether the suppliers may tender for certain or all of the supplies required,
(c) the ordering according to the size of the lots and the possibility of submitting the tender for one lot, for several lots, or for all of these lots where in the case of concluding contracts for works the work is subdivided into several lots.
5. For procuring services:
(a) an indication if for the execution of a service particular professional qualifications are necessary;
(b) an indication if the candidates should give the names and the professional qualifications of their staff in charge of supplying the services;
(c) an indication if the candidates may submit a tender for supplying some parts of the services concerned.
6. Authorisation for submitting alternative tenders.
7. Using also other specifications than those laid down in Article 29.
8. Time limits for the delivery or completion of the subject of procurement or the contract term.
9. Time limit for submitting the documents demonstrating that the conditions for negotiated procedures have been met by the candidates:
(a) day, month, year of the time limit,
(b) address to which the documents are to be delivered,
(c) time limit for announcing the results concerning the candidates’ compliance with the participation conditions.
10. Opening of tenders:
(a) the decision of the procuring entity whether the candidates are allowed to participate at the opening of tenders,
(b) the expected date, time, and place of opening the tenders.
11. The amount of bond, if required.
12. The main terms concerning the funding of the subject of procurement and the payments, or references to the documents stating them.
13. The legal form of the legal entity to be established by a group of entrepreneurs (candidates), or the type of contract to be entered into by entrepreneurs within their mutual relationships, if this is required for concluding a contract.
14. Conditions for the participation of the candidates in the negotiated procedure.
15. Criteria for evaluating the candidates’ compliance with the participation conditions in a negotiated procedure and criteria for evaluating the tenders.
16. Any other information by the procuring entity.
17. Where a prior notification was published, the date of its publishing in the Journal.
18. The date when the procuring entity dispatched the notice.
Annex No. 3
to the Act of the National Council of the Slovak Republic No 263/1999 Corpus Juris
CONTENTS OF THE CONTRACT AWARD NOTICE
Open tender, restricted tender, negotiated procedure
I. Information to be published in the Journal
1. Name and address of the procuring entity.
2. Type of the contract that has been concluded pursuant to the results of public procurement, and the subject of procurement.
3. Indication of the subject of procurement on the basis of the customs tariff (supplies) or production classification (services or works) and the description thereof.
4. (a) the public procurement method applied;
(b) date of publishing of the prior information notice in the Journal, if any;
(c) date of publishing the contract notice in the Journal,
(d) in the case of negotiated procedure, the conditions of its employment.
5. The number of tenders submitted.
6. The date of concluding the contract.
7. The contract value.
8. The name or trade name, address or place of business of the winning tenderer.
9. The proportion of the supplies, services or works that will be subcontracted.
10. Optional information.
II. Information to be added to the contract award notice where performance is required
1. The description of the performance.
2. The total number of tenderers.
3. The number of foreign tenderers and the countries of their registration.
4. The number and the amounts of prizes, if any.
5. The remuneration amount for the tenderers.
6. Any other information.
III. Information not intended to be published
1. The number of contracts concluded (where the contract for the subject of procurement was split among several contractors).
2. The country of origin of the subject of procurement.
3. Employment of specifications different from those stated in Article 29.
4. The preferences used as approved off by the Office and the date of the approval.
5. The criteria applied to the evaluation of the tenderers’ compliance with the conditions of participation in public procurement and the criteria for the evaluation of tenders.
6. Notification stating whether the accepted tender was an alternative solution.
7. Tenders excluded on the grounds of inadequately low prices and identification of the tenderers excluded.
8. Date of dispatch of the contract notice to the Journal.
11a) Article 108 of Act No 50/1976 of the Coll. on Territorial Planning and Building-Construction Rules (Act on Construction), as amended.
11b) Article 22 of Act No 563/1991 of the Coll. on Accounting, as amended.
12a) Commercial Code
Civil Code
12b) Article 39 of the Civil Code
13) Articles 281 through 288 of the Commercial Code.
15) Article 273 of the Commercial Code.
17) Article 116 of the Civil Code.
19) Act No 71/1967 of the Coll. on Administrative Procedure (Rules of Administration).
20) Articles 8 through 16 of the Act of the National Council of the Slovak Republic No 10/1996 of the Corpus Juris on Inspection in State Administration.
21) E.g. the Act of the Slovak National Council No 369/1990 of the Coll. on Municipal Administration, as amended, the Act of the National Council of the Slovak Republic No 39/1993 of the Corpus Juris on the Supreme Inspection Office of the Slovak Republic.
the achieved result, while observing the procedures stipulated by the present Act.