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Statute of the Office for Public Procurement
Basic Provisions
Article 1
(1) The statute of the Office for Public Procurement (further “Office”) defines in detail the functions of the Office, it determines the principles of operation and principles of its internal organization, further, the relation of the Office to other central state administration authorities and other bodies and organizations in line with laws and other generally binding legal regulations.
2) The functions, principles of action and principles of the organization of the Office defined in the statute are binding for the issue of the organizational order of the Office and for the issue of other regulatory documents.
Article 2
(1) The Office is operating in compliance with the Act of the Slovak National Council No. 347/1990 Coll. on the Organization of Ministries and Other Central State Administration Authorities of the Slovak Republic, as amended, and Part III., Act No. 263/1999 Corpus Juris on Public Procurement and Modification and Amendment of Certain Acts ("the Act").
(2) The Office is a budgetary organization, which is by its receipt and expenditures bound to the budget of the Slovak Republic. 1)
(3) The Office is a legal entity, in legal relations it acts in its own name.
(4) The seat of the Office is in Bratislava. The Office is entitled to set up a professional work-place with no legal subjectivity outside its seat as well.
Article 3
The Competence of the Office The Office is a central state administration authority of the Slovak Republic for public procurement and concession procurement.2)
Article 4
Main tasks of the Office The Office mainly
a) directs the state policy on public procurement and concession procurement
b) exercises supervision over the public procurement and concession procurement
c) notifies the conversion of financial
thresholds for the above-the threshold-methods of public procurement into Slovak currency
d) issues the Journal of Public Procurement
e) drafts programmes for professional training
and requalifying training for the purpose
of professional qualification for public procurement
f) maintains a list of professionally
qualified persons
g) manages a list of entrepreneurs, which have shown competence in arranging contracts in public procurement
h) provides methodical guidance for
participants in the process of public
procurement and concession procurement
i) imposes fines for violating the Act in line
with a separate regulation 3)
j) levies financial fines imposed according to
the letter i)
k) decides about the objections of participants of public procurement submitted against the proceedings of the procuring entity
l) submits suggestions to the court to confute the contracts, which were signed in contrary to the Act
m) carries out further tasks resulting from
separate regulations. 2)
Article 5
Other functions of the Office
The Office fulfils tasks resulting from other regulations
a) in relation to the State Budget 1)
b) in administering state property 4)
c) in the field of supervision and control 5)
d) in the field of defense 6)
e) in the field of the protection of state
secrets and administrative secrets7)
f) in the field of international relations,
including European integration 8)
g) in the field of the development of a
unified information and data system 9)
h) in the preparation of drafts of laws and other generally binding regulations.10)
(2) A more detailed definition of functions
mentioned in article 1 is settled in the organizational order of the Office.
Article 6
Principles of the Activities and of the Organization of the Office
(1)The Office is managed by the Chairman and he/she is responsible for its activities.
(2) During the Chairman`s absence in the Office, the Vice-Chairman is deputised within a defined scope of rights and obligations. In other cases the Chairman may deputise him/her within a defined scope of rights and duties.(3) These are the following levels of management in the Office
a) Chairman
b) Vice-Chairman
c) Director of division
d) Chief of department.
Article 7
(1) The head of the Office is the Chairman, who is appointed and removed
by the Government of the Slovak Republic. His/her tenure is 5 years.11)
(3) The division is the basic organizational level of management and decision making, bearer of the functions and tasks of the Office according to following defined scope of specific, professional activities.
(4) The organizational boards of the Office are managed by the Office`s managers. The division is directed by the director, departments are managed by the chief of the department. The division of the Chairman is managed by its director.
(5) The internal organizational structure of the Office, the scope of activities and mutual relations of the organizational boards of the Office, scope of competencies and responsibilities of managers are regulated by the organizational order of the Office, which is issued by the Chairman.
(6) The rights and obligations of the employees of the Office defined by the Labour Code are applied to the working order issued in compliance with Article 82 of the Labour Code.
Article 8
(1) The Office operates and carries out its activities in compliance with the Constitution of the Slovak Republic, laws and further generally binding legislation, resolutions of the Government of the Slovak Republic, the statute and organizational order of the Office, internal executive acts of the Office and the plan of the Office´s main tasks relating to the plan of activities of the Government of the Slovak Republic and the plan of legislative objectives of the Government of the Slovak Republic.
(2) The Office is in its activities following the organizational principles of state administration and such forms and methods of work, which aim at its rationalization and higher efficiency by
a) ensuring a professional approach to solution of problems and a systematic supervision of fulfilment of tasks
b) using suggestions and experience of authorities of municipalities
c) applying expertise and knowledge from scientific and research institutes, mainly in issues of conceptual character
d) effective use of mediums of technology and hardware and methods of teamwork.
(3) The Office establishes permanent or temporary advisory bodies for the
fulfilment of its principal tasks. These advisory bodies negotiate important issues
related to the operation of the Office.
(4) The Office may set up temporary work-places outside its seat. 12)
Article 9
Relations of the Office to ministries, other central state administration authorities and to other bodies and organizations
(1) The Office cooperates with ministries and
other central state administration authorities and other bodies and organizations in
carrying out duties and tasks listed in Art. 4 and Art.5. It exchanges necessary
information and material and deliberates on measures concerning public and concession
procurement. It may require material and information which are protected by separate
provisions about an individual entrepreneur and/or a procuring entity from other state
administration authorities and teritorial self-government. 13)
(2) The Office is separately cooperating particulary with the National Bank of the Slovak Republic in defining and converting the financial threshold for above-the-threshold methods of public procurement into Slovak currency.
Article 10
Final provisions
The Government of the Slovak Republic approves
the change of the statute if
a) principal changes in the competencies or
duties of the Office have occured
1. by repeal or other
directive action, in compliance with which the Office operates,
2. by the issue of new
legal regulations or other directive acts, comprising tasks for the Office
3. by transfer of the
Office`s competence on another central state administration authority or regional/local
government or self-government unit.
b) in case it should come to significant changes in the principles of operation or in the principles of the organization of the Office exceeding the regulations constituted by this statute.
Article 11
This statute comes into force on the day of approval by the Government of the Slovak Republic eith effect from 1st January 2000.
1) Article 2, Paragraph 1, item a) of the Act No. 303/1995 Corpus Juris on Budgetary Rules, as amended
2) Act No. 263/1999 Corpus Juris on Public Procurement and on Modification and Amendment of Certain Laws
Act No.119/1996 Corpus Juris on Concession Procurement in wording of the Act No. 263/1999 Corpus Juris
3) Article 90, Act No. 263/1999 Corpus Juris
4) Act No. 278/1993 Corpus Juris on Administering State Property , as amended
5) e.g. Act No. 10/1996 Corpus Juris on Inspection in State Administration
6) Article 27, Paragraph 2, Act No. 347/1990 Coll. on the Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic, as amended
7) Act No. 100/1996 Corpus Juris on the Protection of State Secrets, Official Secrets, Ciphered Protection and on the Modification and Amendment of the Criminal Code, as amended
8) Article 27, Paragraph 3, Act No. 347/1990 Coll.
9) Act No. 261/1995 Corpus Juris on the State Information System
10) Article 29, Act No. 347/1990 Coll.
11) Artcle 81, Act No. 263/1999 Corpus Juris
12) Article 80, Paragraph 3, Act No. 263/1999 Corpus Juris
13) Article 11, Paragraph 1, item o), Act No. 188/1997 Corpus Juris on the Protection of Competition in wording of the Act No. 240/1998 Corpus Juris