2. Registration and Access to the NEN System

2.1. Access to the NEN system

2.1.1 Access to public information in the NEN system does not require registration or login of a NEN System User. Public information includes basic information about published procurement procedures, identification data of registered entities in the NEN system, and other information related to the operation in the NEN system.

2.1.2 Access to the NEN system is granted to any NEN System User who has the necessary hardware and software tools (see section 9).

2.1.3 To enable an entity's participation in procurement processes either as a contracting authority or as an economic operator, including registration of an economic operator, an economic operator-an external administrator of contracting authorities (hereinafter referred to as an "economic operator"), registration of the entity and login to the NEN system are required.

2.2. Registration for participation in procurement processes

2.2.1 Registration to the NEN system is used to create an account for an entity that will act as a registered entity in the NEN system in accordance with section 2.1.3.

2.2.2 Registration is free of charge.

2.2.3 After successful registration, the NEN System Operator shall record the relevant entity in the register of contracting authorities or economic operators. The register of contracting authorities and the register of economic operators are administrated by the NEN System Operator, who is responsible, in particular, for preventing duplicities in the registration of entities and for the consistency of the registration data.

2.2.4 Only one entity can be registered under one IČO (i.e., organization ID number). The registration of multiple entities under one organization ID number requires the approval of the NEN System Operator, based on the specifics of the particular entity (e.g., specifics of the relevant legal form, organizational structure, autonomy of individual organizational departments of the entity).

2.2.5 One entity can be registered for both the role of a contracting authority and an economic operator. Separate registration is always required.

2.3. Registration process for an entity in the NEN system

2.3.1 Registration is accessible from the public portal of the NEN system under the "Registration" tab in the public part of the NEN system. The applicant chooses whether to register as a contracting authority, an economic operator, or joint procurement.

2.3.2 The applicant for registration (registration of a Czech entity) must fill out and submit the registration form only via the NEN system.

2.3.3 The applicant for registration (registration of a foreign entity) must fill out and submit the registration form only via the NEN system.

2.3.4 The registration application must include:

• the completed online registration form;

• the document "Registration Form" must be signed by the person listed in the Commercial Register or other register as a person authorized to act on behalf of the registering company. In case that the registering person is someone who is not listed in the Commercial Register or other register (and does not have the authority to act on behalf of the company), it is necessary to supplement their details and signature in the mentioned document along with the signature of the person authorized to act on behalf of the registering company. The registration form must be signed by all individuals using a valid guaranteed electronic signature based on a qualified certificate for electronic signatures or a qualified electronic signature. The only exception is for entities based outside the EU, which may sign the registration form using any electronic signature associated with their name.

• a copy of an entry in the Commercial Register if the applicant is registered in it or a copy of an entry in another similar register if the applicant is registered in it. If the applicant was not established by law and is not registered in the Commercial Register or another similar register, the applicant is required to submit the constituent (founding) document. It must be clear who is authorized to act on behalf of the applicant from the submitted documents. The applicant is authorized to submit these documents in a plain copy if they are available for inspection in the official Administrative Register of Economic Subjects on the Licensed Trades Portal, with a link provided in the relevant field of the registration form. If not, the document must be secured with a valid guaranteed electronic signature based on a qualified certificate for electronic signatures or a qualified electronic signature or an authorized conversion. The document must not be older than 14 days before the date of submission of the registration application;

• the completed and signed document "Registration Form for Foreign Entities" or "Registrační formulář pro české subjekty" (registration form for Czech entities);

• all other supporting documents such as the declaration or powers of attorney must be accompanied by a valid guaranteed electronic signature based on a qualified certificate for electronic signatures or a qualified electronic signature.

2.3.5 The registration form must be signed with a valid recognized electronic signature. A recognized electronic signature means a guaranteed electronic signature based on a qualified certificate for an electronic signature or a qualified electronic signature.

2.3.6 If the applicant for registration is a foreign entity, they must also attach the documents according to section 2.3.4.
If all the conditions for registration required by the NEN System Operating Rules are met and the registration is approved, the NEN system will automatically generate a notification and send it to applicants.

2.3.7 After submitting the registration application, the applicant is obliged to verify their email address. The validity of the sent link is 24 hours. Registration into the NEN system is not possible without email address verification.

2.3.8 In the case of registration of foreign entities, only those documents or official records that are issued in the country of the registered office of the organizations or the place of permanent residence of the foreign person may be required.

2.3.9 The documents submitted by the applicant according to section 2.3.4 may be requested for the purpose of verifying the application for registration of foreign entities either in a plain or official translation, or in a court-certified translation, or in an apostille translation, or in a super legalized translation of documents in the Czech or English language.

2.3.10 The NEN System Operator shall perform registration verification, which is subject to the following SLA parameters:

Notification to the applicant of the incompletely submitted application:

Within 2 hours of receiving the application

Registration of a Czech entity:

Within 4 hours of receiving the application

Registration of a foreign entity:

Within 8 hours of receiving the application

2.3.11 If the application for registration does not contain the requirements specified in the NEN System Operating Rules, or if all attachments are not provided, the NEN System Operator shall notify the applicant of the incompleteness of the submitted application and request its completion (with information, data, documents, etc.) in accordance with section 2.3.4. The time periods mentioned in section 2.3.10 cease to run from sending the notification or the request for cooperation to the applicant by the NEN System Operator. The time periods specified in section 2.3.10 will start to run again after receiving the necessary information or documents from the applicant to complete the registration.

2.3.12 In case of dealing with applications for registration of foreign entities, the NEN System Operator may request the cooperation of the NEN System Administrator. The NEN System Operator shall inform the entity about the assignment of the request for the "Statement of the NEN System Administrator".

2.3.13 The time limits mentioned in section 2.3.10 do not apply to the accepted applications for the registration of foreign entities assigned to the NEN System Administrator. Within the verification of data with relevant authorities for foreign applicants, there may be a delay in completing the entity's registration. We recommend that economic operators take steps leading to registration in the NEN system sufficiently in advance. We also suggest that contracting authorities include this fact in the procurement documents.

2.3.14 If the applicant for registration fails to provide further cooperation (does not communicate, does not submit the required information or documents, etc.), the NEN System Operator will request the user to cooperate as follows and within the specified time limits:

2.3.15 In case the registration application to the NEN system is rejected, the NEN System Operator shall notify the applicant of this fact along with the reason for rejection, even in cases where registrations are processed in cooperation with the NEN System Administrator.

2.3.16 Upon registration, each registered entity is assigned administrative permissions (the registered entity's administrator role):

• all identification data about the registered entity maintained in the NEN system;

• individuals authorized to act on behalf or representing the registered entity via the NEN system, including assigning access permissions to these individuals (a person may have multiple roles);

• the organizational structure of the entity in the NEN system.

2.3.17 After the registration is approved, the identification data of the registered entity and the details of the contact person are made accessible in the public part of the NEN system, in the register of contracting authorities or economic operators.

2.3.18 If there are changes to the information provided by the applicant in the registration application or its attachments after registration, the registered entity is obliged to update the data in the register of contracting authorities or the register of economic operators within 7 days of the change (except for information continuously updated from The Basic Register of Legal and Natural Persons (ROS) according to Annex No. 1 (2). Alternatively, the entity must submit a request to cancel registration if it no longer meets the conditions specified for registration in the NEN System Operating Rules.

2.3.19 After the approval of the entity's registration in the NEN system, an email will be automatically generated and sent to the contact person of the registered entity specified in the registration application, i.e., the registered entity's administrator. The entity's administrator will be prompted to choose a password according to the established security parameters.

2.3.20 In case that the registered entity's administrator or another NEN System User forget their password, the NEN System User may initiate the password recovery process independently in the system login form.

2.3.21 If the procedure initiation to recover the password of the registered entity's administrator is not possible by the NEN System User himself, the NEN System Operator may reset the password upon the request of the entity's administrator. Based on the request, an email for the entity's administrator will be generated and sent to the specific person of the registered entity specified in the registration application, i.e., the entity's administrator. The entity's administrator will be prompted to choose a password according to the established security parameters.

2.3.22 A registered entity may have multiple entity's administrators. A NEN System User becomes the entity's administrator if:

• they are granted this permission by another entity's administrator under role management;

• they are listed as a "contact person" on the respective form during the entity's registration;

• the NEN System Operator may establish an entity's administrator in exceptional situations, based on a request from a person authorized to act on behalf of the relevant organization (in such case, it is always necessary to provide authorisation of such a person).

2.4. Preliminary registration of an economic operator by a contracting authority

2.4.1 A contracting authority may perform preliminary registration of an economic operator who is not registered in the NEN system, for market research, preliminary market consultations, or sending an invitation to tender, record of submissions of tenders, results of procurement procedures, or any other action related to administration in the NEN system.

2.4.2 The preliminarily registered economic operator will be invited to tender or to provide information within the framework of market research or preliminary market consultations by sending an email to the email address provided during the preliminary registration. The condition for submission of tender or providing information via the NEN system for market research or preliminary market consultations is the completion of the economic operator's registration according to sections 2.2 and 2.3.

2.4.3 The NEN System Operator shall ensure that, after the proper registration of an economic operator, the registration is matched with their preliminary registration to avoid duplicates in registered entities, and to ensure access to data previously associated with the preliminary registration of the economic operator.

2.5. Access to the NEN system

2.5.1 Within one registered entity, the authorized roles may create one or more hierarchically organized organizational departments. Separate registration of these organizational departments is not required to assign them to the registered entity.

2.5.2 NEN System Users with relevant permissions can also create additional NEN System Users in the NEN system and assign them access permissions in form of the assignment of roles. Each NEN System User can have multiple roles assigned to them.

2.5.3 If an organizational department of the registered entity is created in the NEN system, it is assumed that this organizational department and the authorized NEN System Users assigned to this department can perform actions on behalf of the registered entity within the scope of their assigned roles.

2.5.4 An authorized NEN System User of the registered entity, based on the scope of the assigned access permissions, may access the data of the entity's procurement processes, and perform actions in the procurement processes on behalf of or representing the entity as a whole, as well as within the structuring of individual organizational departments established within the organizational structure of the registered entity in the NEN system.

2.5.5 An authorized NEN System User assigned to a specific organizational department of the entity has access permissions only to the information recorded in the NEN system relating to the respective organizational department, or possibly to the subordinate organizational departments, or only to the explicitly determined procurement procedures.

2.5.6 The authorized authority (ÚOHS/ court) may, upon request sent directly to a specific entity, gain access to view data in the procurement processes of an entity registered in the NEN system, within the scope assigned to it pursuant to Section 262 (a) of the ZZVZ, as amended, effective from 17 July 2023.

2.6. Cancellation of registration

2.6.1 Registration may be cancelled based on a request for cancellation of registration or based on an action of the NEN System Operator if it is revealed that the registration of the entity in the NEN system was based on false or non-existent information.

2.6.2 The cancellation of registration is subject to approval by the NEN System Operator. This results in the immediate termination of access for all NEN System Users associated with the respective entity and, consequently, the deactivation of all features of the NEN system.

2.6.3 After the cancellation of registration at the request of the registered entity, the entity may request the NEN System Operator for access to the data and the documents they have submitted to the NEN system, as well as other data related to their participation in procurement processes in the NEN system. However, the entity cannot create new data, or documents, or perform actions via the NEN system under the cancelled registration.

2.6.4 Prior to the cancellation of registration, the contracting authority is obliged to cancel or deactivate the contracting authority's profile. The contracting authority is required to notify this fact through a notice in the Public Procurement Journal (i.e., Věstník veřejných zakázek, hereinafter referred to as the "VVZ").