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1. Basic Provisions

1.1 Reason for issuing the NEN System Operating Rules

1.1.1 These operating rules (hereinafter referred to as the "NEN System Operating Rules") were issued by the Ministry of Regional Development of the Czech Republic as the NEN System Administrator based on the resolution of the government of the Czech Republic of 30 July 2014 and 5 August 2014 (hereinafter referred to as the "Government Resolution No. 628/2014").

1.1.2 The NEN System Operating Rules are issued for the period of routine operation of the NEN system. During operation, changes to the NEN System Operating Rules may occur, and registered entities shall be informed about them.

1.2 Subject of regulation

1.2.1 The NEN System Operating Rules define basic rights and obligations:

  • of the NEN System Operator and they define the conditions under which the NEN System Operator guarantees the required functions and services of the NEN system;

  • between the NEN System Operator and registered entities in the NEN system regarding the provision and the use of the services of the NEN system;

  • between registered entities themselves, or else other persons, including their authorized representatives, who participate in public procurement via the NEN system in any way, whether obligatorily or voluntarily;

  • of other Users utilising the NEN system.

1.2.2 The rules of electronic auctions in the NEN system are stated in a separate document called the "Electronic Auction Rules". The Electronic Auction Rules in the NEN system are applied to a small-scale electronic auction for a small-scale public contract and an electronic auction pursuant to Section 28 (m) of the ZZVZ.

1.2.3 The NEN System Operating Rules establish basic operational parameters and availability of NEN system services and services provided in connection with the operation of the NEN system.

1.2.4 The provisions of the NEN System Operating Rules must be interpreted in relation to the above-mentioned documents

1.2.5 Entities utilizing the NEN system are required, particularly when awarding public contracts, concluding concession contracts, applying a design contest and market research or preliminary market consultations via the NEN system, to comply with:

  • the ZZVZ, implementing regulations to the ZZVZ,

  • the NEN System Terms of Use and the NEN System Operating Rules, and

  • other relevant legal regulations for the area of public procurement.

1.3 Binding of the NEN System Operating Rules

1.3.1 The NEN System Operating Rules are binding on the NEN System Operator and all NEN System Users.

1.4 Definition of basic terms

1.4.1 In the NEN System Operating Rules, there are terms used in the meanings defined in the NEN System Terms of Use. Otherwise, for the purposes of the NEN System Operating Rules, the following meanings shall be applied:

  • registered entity’s administrator: a person authorized by a registered entity to manage data entered in the register of contracting authorities or the register of economic operators;

  • application: the NEN system and all its available features after logging into the NEN system;

  • application support: a description of the method of using individual features of the NEN system;

  • routine operation of the NEN system: the operation of the NEN system without unplanned interruption and system failures ensuring full availability of the NEN system;

  • NIPEZ code list: a code list created and administrated by the Ministry of Regional Development for the purpose of parameterising the description of a subject of public procurement and for the purpose of determining the commodity obligation in the area of public procurement. The code list is based on the Common Procurement Vocabulary (CPV), from which commodity codes and their names are taken and which have been modified mainly due to incorrect translations of CPV into the Czech language. Individual commodity items are arranged in a hierarchical tree structure and are linked to sets of parameters (groups of properties that characterize the commodity and enable its description so that it is unmistakable from another type of commodity);

  • availability: the status of the NEN system corresponding to the system value "in operation";

  • NIPEZ integration component (IK NIPEZ): a web tool used for connecting the individual information systems within NIPEZ to the Information System of Basic Registers and which allows obtaining current and unified information about entities participating in public procurement. IK NIPEZ provides individual NIPEZ information system operators with updates on data maintained about legal and natural persons conducting business according to The Basic Register of Legal and Natural Persons (ROS) (e.g. organization ID number, registered office or legal form) and current Registry of Territorial Identification, Addresses and Real Estate (RÚIAN) codes according to which the address place is defined. The operation of services is provided by the Ministry of the Regional Development of the Czech Republic;

  • the National Electronic Tool: the NEN system (the national electronic tool) pursuant to Section 28 (1)(i) of the ZZVZ, which contains comprehensive functionality for performing all actions in procurement processes, specific procedures under the Book Six of the ZZVZ and procurement procedures outside the ZZVZ;

  • non-standard state: a situation that could not be predicted in advance and which leads to an intervention in already performed or initiated activities within the public contract lifecycle (e.g. a decision on an objection, which results in the repetition of the qualification assessment process);

  • working hours: the time between 6:00 a.m. and 6:00 p.m. on each working day;

  • authorized person of a registered entity: a person listed by a registered entity’s administrator in the NEN system as a person authorized to perform electronic operations on behalf of or representing the entity via the NEN system;

  • NEN System Terms of Use: a document "Terms of Use of the National Electronic Tool for the Implementation of Procurement Procedures via the National Electronic Tool" which was issued by the NEN System Administrator;

  • operating incident: an operational failure causing a limitation of routine operation of the NEN system;

  • NEN System Operator of operational services for the NEN system, according to the specified catalog of services with defined SLA parameters: the NEN System Operator is the consortium of companies TESCO SW a.s., tř. Kosmonautů 1288/1, Hodolany, 779 00 Olomouc, ID: 25892533, and O2 Czech Republic a.s., Za Brumlovkou 266/2, Michle, 140 22 Praha 4, ID: 60193336. The channels designated for communication with the NEN System Operator are following:

    • in the public part of the NEN system - ServiceDesk, telephone, email (hotline@nipez.cz);

    • a form of the NEN System User Support application available to registered NEN System Users after logging into the NEN system;

    • data box ID: 28xgm7e (in case that the previous methods cannot be demonstrably used);

  • register of economic operators: a list of registered entities that have applied for registration in the NEN system as economic operators, and have fulfilled all the conditions for registration defined by the NEN System Operating Rules and the NEN System Operator has decided on their registration;

  • register of contracting authorities: a list of registered entities that have applied for registration in the NEN system as contracting authorities and have fulfilled all the conditions for registration defined by the NEN System Operating Rules and the NEN System Operator has decided on their registration;

  • ServiceDesk: an electronic tool enabling NEN System Users to communicate with the NEN System User Support. The ServiceDesk is operated via services independent of the NEN system. The functionality of the ServiceDesk is the responsibility of an entity separate from the NEN System Operator and the NEN System Administrator;

  • NEN System Administrator: the Ministry for Regional Development of the Czech Republic. Data box ID: 26iaava is designated for communication with the NEN System Administrator;

  • Authority: the Office for the Protection of Competition (ÚOHS);

  • NEN System User: is a representative of a contracting authority, an economic operator, an external administrator, or the public who uses features of the NEN system;

  • ZZVZ: Act No. 134/2016 Coll., on Public Procurement;

  • procurement procedure: it means, in particular, a public contract, design contest, market research, and preliminary market consultation. Further specifications are provided in the NEN System Terms of Use.

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