4. Minimum Operational Parameters of the NEN System
4.1. Availability and policy for interruption of NEN system operation
4.1.1 The NEN System Operator is authorized to interrupt service provisions consisting in the interruption of NEN system operation for the period necessary for system updates, planned maintenance, or other service intervention to the NEN system (planned outage).
4.1.2 The NEN System Operator shall always inform registered entities and other NEN System Users about the planned outage on the NEN public portal and logged-in NEN System Users in the authorized section:
a) in advance, if possible, at least 14 days but no later than 7 days in advance in the case of the planned maintenance due to system updates, maintenance, or other service interventions in the NEN system;
b) without undue delay after becoming aware of a planned maintenance in the case of interruption other than stated in point a) above.
4.1.3 The NEN System Operator is always obliged to state the reasons and duration of any planned outage in the notification.
4.1.4 Planned outages of the NEN system will be scheduled from 8:00 p.m. to 4:00 a.m. on Friday and Saturday if the scope of the planned maintenance allows it. Any planned maintenance outside of the mentioned schedule shall always be approved by the NEN System Administrator and notified to registered entities and other NEN System Users.
4.2. System failures of the NEN system
4.2.1 The backup plan of the IS in the NEN system is designed to ensure that, in the event of an incident, the loss of data in the electronic tool is limited to a maximum of 2 hours before the system failure of the NEN system.
4.2.2 If data loss occurs and if it happened more than 2 hours prior to the system failure, all NEN System Users who contributed to the data creation are required to cooperate with the NEN System Operator in the recovery of the lost data by providing necessary assistance in retrieving the data.
4.2.3 In the event of irreversible data loss due to the NEN System Operator's error, the NEN System Operator is liable for damages incurred by the NEN System Users.
4.2.4 In the event of irreversible data loss due to a NEN System User's error, the NEN System User is liable for damages incurred by the NEN System Operator and all other affected registered entities.
4.2.5 In the event of irreversible data loss due to circumstances beyond the control of the NEN System Operator or registered entities, liability for damages is excluded.
4.3. Recommended procedure for a contracting authority in case of a system failure
4.3.1 A contracting authority has the option to extend any time limit set by the contracting authority that has not yet expired.
4.3.2 If a system failure of the NEN system occurs during the duration of a time limit for any submission from an economic operator to a contracting authority, and the time limit has not expired during the system failure of the NEN system, the contracting authority should extend this limit. The time limit should be extended for at least
the duration of the system failure, and simultaneously;
in a way that the time limit expires no earlier than two business days after the end of the system failure.
4.3.3 If a system failure of the NEN system occurs during an action performed by a contracting authority (or by an authorized person or commission), the contracting authority should complete the action after the end of the system failure of the NEN system.
4.3.4 If the time limit for the contracting authority's action has expired during the system failure of the NEN system and this fact:
does not affect the outcome of the procurement process, the contracting authority should proceed with the action after the end of the system failure;
affects the outcome of the procurement process, the contracting authority should cancel the procurement process.