Czech Republic: How is Dispute Resolution Integrated

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According to paragraph § 149 Electronic Means and Electronic Tools:

(4) Where an economic operator submits a tender, request to participate, objections against practices of the contracting entity or where it demonstrates the fulfilment of qualifications by electronic means, or in the case of a request to participate or a project in design contest or where the contracting entity transmits by electronic means the contract notice or the call for competition, invitation to negotiate or to submit a tender in an award procedure or to take part in competitive dialogue, contract award notice, advice note of the manner of settling objections or decision on the most suitable project in a design contest, the data message shall bear valid advanced electronic signature based on a qualified certificate. The contracting entity is entitled to require that such a data message bear electronic signature based on a qualified certificate or electronic mark based on a qualified system certificate, in respect of any data messages transmitted by electronic means.

(5) In the absence of evidence demonstrating qualifications in electronic format, the economic operator shall furnish to the contracting entity such evidence in paper form within the time limit pursuant to § 52 or § 65. (6) The contracting entity shall be obligated to ensure that in respect of electronic tools by means of which electronic communication is carried out, in particular, electronic transmission and receipt of tenders and, if applicable, electronic receipt of requests to participate and projects in design contests, be guaranteed that a) requirements on electronic signatures relating to tenders, requests to participate and to forwarding of plans and projects referred to in separate legal regulation be sustained, b) exact time and date of delivery of tenders, requests to participate and production of plans and projects can be fixed precisely,
c) it may be reasonably ensured that, before the time limits fixed, no one can have access to data transmitted in compliance with these requirements,
d) if that access prohibition is infringed pursuant to § 149(6)(c), it may be reasonably ensured that the infringement is clearly detectable,
e) only authorised persons may fix or change dates for opening the data received, f) during the different stages of the contract award procedure or of the design contest access to all data submitted, or to part thereof, must be possible only upon prior decision of authorised persons, g) decisions of authorised persons pursuant to § 149(6)(f) must give access to data submitted only after the prescribed date,
h) data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint themselves therewith, i) they are properly protected against unauthorised access by third parties, j) technical support and servicing thereof in the case of a breakdown is secured.

(7) The economic operator is entitled to furnish to the contracting entity data necessary for the evaluation of tender also in the form of an electronic catalogue, particularly, in the case of public contracts awarded by the contracting entity under a framework agreement or based on the dynamic purchasing system. ‘Electronic catalogue’, for the purposes of this Act, shall be understood as a set of information containing prices relating to individual items of the subject-matter of a public contract, description of such items and, if applicable, other elements attaching thereto. The electronic catalogue shall satisfy all requirements set out for electronic tools used for communication by electronic means pursuant to this section.

(8) Any detailed requirements relating to electronic means, electronic tools and electronic acts in the course of awarding public contracts shall be laid down by implementing legal regulation.


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