3. Use of the NEN System

3.1. Range of NEN system services for contracting authorities

3.1.1 Services of the NEN system for contracting authorities consist of a complex of services and features of the NEN system that enable a contracting authority to manage and perform tasks in all procurement procedures.

3.1.2 The NEN System Operator provides all NEN system services to a contracting authority free of charge. If certain steps are subject to a fee by third parties (e.g., issuance of a qualified certificate for a guaranteed electronic signature), the contracting authority bears these costs directly. The costs of qualified timestamps assigned by the NEN system are borne by the NEN System Administrator.

3.1.3 The NEN system allows a contracting authority to take corrective measures based on autoremedial action pursuant to Section 49 of the ZZVZ or corrective measures imposed by the Authority, in the form of implementing a non-standard state.

3.1.4 User registration in the NEN system does not transfer or pass responsibility to the NEN System Administrator regarding the legality of a NEN System User's actions or any claims by third parties against a NEN System User.

3.1.5 A contracting authority is responsible for complying with the legality of their proceedings and adhering to the NEN System Terms of Use. The NEN System Operator is responsible for ensuring the availability of the NEN system service and does not make any decisions regarding the procurement procedures carried out via the NEN system and does not intervene in the course of the procurement procedures (except for administrative intervention by the NEN System Operator). The NEN System Operator is also not obligated to alert a contracting authority to any violations of the legality of the contracting authority's proceedings or violations of the NEN System Terms of Use concerning violations of the requirements for the contracting authority’s proceedings during the procurement procedures.

3.1.6 The rights and obligations of a contracting authority and an economic operator in the implementation of procurement procedures via the NEN system arise from the ZZVZ, implementing legal regulations of the ZZVZ, and the NEN System Terms of Use.

3.1.7 Each contracting authority registered in the NEN system can create an unlimited number of procurement procedures in the NEN system. A contracting authority is responsible for selecting the appropriate type of the procurement procedure, as well as the course of the procurement procedure.

3.1.8 For each procurement procedure, a contracting authority can perform actions based on their own decision with regard to the current lifecycle of the procurement procedure.

3.1.9 The NEN System Operator is not authorized to demand any payments from a contracting authority in connection with the provision of NEN system services.

3.1.10 The automatic draw feature in the NEN system determines the final order of participants who have achieved the same score in the NEN system evaluation. This feature is not activated automatically and it needs to be set up during specifications of the procurement procedure. The determination of the final order is entirely random, without any additional aspects entering into the automatic drawing. The automatic drawing is initiated during the evaluation calculation. The automatic drawing is put into operation by a commonly used method, that is part of the .NET Framework.

3.2. Range of services for economic operators

3.2.1 The NEN system services for economic operators consist of a complex set of NEN system functionalities that enable economic operators to search for individual procurement procedures, prepare a tender, and perform other activities related to their participation in the respective procurement procedure. The NEN System Operator provides services of the NEN system to economic operators free of charge. If certain steps are subject to a fee charged by third parties (e.g., issuance of a qualified certificate for a guaranteed electronic signature), the economic operator bears these costs directly.

3.2.2 Every economic operator registered in the NEN system can participate in an unlimited number of procurement procedures.

3.2.3 The NEN System Operator is not entitled to demand any payments from an economic operator in connection with the provision of NEN system services.

3.2.4 The economic operator is required to consider the deadlines set by the contracting authority for performing a certain action or submission, including the auction value within an auction. The economic operator is obliged to perform the given action well in advance so that the NEN system can process it and deliver to the contracting authority by the deadline set by them.

3.2.5 The economic operator is required to anticipate sufficient lead time, particularly considering the complexity of the specific action or submission, the size of the attached files, or the current software and hardware resources of the economic operator. Sufficient lead time can be defined as a combination of circumstances relevant to the specific action or submission, which can be reasonably expected and fairly demanded from the NEN System User, given the usual level of proficiency in using the NEN system and the typical sequence of events characteristic of such an action or submission.

3.3. Violation of the NEN System Operating Rules and its remedy

3.3.1 If a violation of the NEN System Operating Rules is identified, the NEN System Operator is obliged to notify the NEN System Users affected by such violation and take necessary actions to prevent further breaches.

3.3.2 The NEN System Operator may temporarily restrict the access of a registered entity if it is revealed that the entity engages in activities that endanger or disrupt the proper operation of the NEN system. The NEN System Operator will limit the access of the registered entity to the NEN system until the termination of such activities is demonstrated, and the necessary corrective measures are implemented.

3.3.3 Upon detection of a violation of the NEN System Operating Rules, the NEN System Operator shall send an email to the contact person of the registered entity containing information about the identified violation of the NEN System Operating Rules and any potential restrictions imposed on the functionalities of the NEN system. Minimum access rights necessary for remedial actions will be granted to the registered entity’s administrator.

3.3.4 The NEN System Operator shall send a written notification to the NEN System Administrator regarding any identified violation of the NEN System Operating Rules and any access restrictions imposed on the registered entity.

3.3.5 The exercise of rights and liability for damages shall be governed by the relevant provisions pursuant to the Act No. 89/2012 Sb., the Civil Code, as subsequently amended.

3.4. Creating and access to record files

3.4.1 The NEN system automatically maintains records of electronic actions performed and all other activities of NEN System Users and the NEN system in the form of record files. These records include:

• specification of the electronic action or other activity within the NEN system;

• recording the time of the electronic action or activity within the NEN system by attaching an electronic timestamp to the data message;

• information on whether the task was performed automatically by the electronic tool or by a specific NEN System User;

• identification of a person who performed an electronic action or initiated an activity in the NEN system;

• record of any potential error result of an electronic action or other NEN system activity.

3.4.2 In addition to the records mentioned in the previous section, information about the system status of the NEN system is also recorded. The system status represents the status of the NEN system at a given moment or interval and which corresponds to one of the following possible values:

• operational;

• non-operational;

• limited functionality.

3.4.3 The NEN System Operator is obliged to protect all recorded data against unauthorized access, alteration, and destruction.

3.4.4 The processing of personal data by the NEN System Operator is subject to the Information about Personal Data Processing published here.

3.4.5 A registered entity has the option to view records created in accordance with sections 3.4.1 and 3.4.2, which relate to the actions performed by the entity or are directly related to the participation of the entity in a procurement process.

3.4.6 All recorded data related to a procurement procedure is the property of the contracting authority.

3.4.7 A contracting authority may transfer the documentation to their own technical means until the end of the storage period, pursuant to Section 216 of the ZZVZ. After the expiration of this period, the recorded data related to the procurement procedure will be deleted from the NEN system.

3.5. Permissible attachment formats

3.6. Other information provided by the NEN System Operator

In case that it does not concern information automatically generated by the NEN system:

3.6.1 Whether a registered or unregistered NEN System User, they can contact the NEN System User Support well in advance (via the ServiceDesk, email, phone, the NEN System User Support form available after logging into the application of the NEN system). The NEN System User Support will provide further assistance in providing the requested data and may require additional information from the applicant regarding the following requests:

• bulk export of documentation within a NEN System User-defined period (within their own organization). This export is performed by the NEN System Operator. The NEN System User should specify in their request whether audit trail data should be included (they will not be provided by default);

• other requests for generated information from the NEN system.

3.6.2 The NEN System User should provide all necessary information regarding the request (e.g., time period, specifications, etc.).

3.6.3 The NEN System Operator may refuse to provide information in case that it involves confidential data, or its disclosure would violate legal regulations.

3.6.4 The NEN System Operator may request cooperation in resolving the request from the NEN System Administrator.

3.6.5 If the applicant does not cooperate, the NEN System User Support will automatically close the request within 3 (business) days of sending the request for additional information or based on the decision of the NEN System Administrator. This time limit does not apply to registration.