Public Procurement Authority

1. The tender and the request to participate shall be drawn up and submitted by the economic operator in compliance with the requirements for the contents and form set out in the procurement documents.

2. The tender shall contain in particular the explicit statement of the tenderer concerning the conditions set out in the contract notice or invitation to tender, the conclusion and performance of the contract and the requested consideration.

3. No offer may be made in the request to participate.

4.

5. The tender and the request to participate shall contain a reading sheet which indicates the information specified in Article 68(4) in the case of tenders or the information defined in Article 68(5) in the case of requests to participate.

6. The contracting authority may prescribe in the procurement documents that the following information shall be indicated in the tender or, in the case of a procedure consisting of more than one stage in the request to participate:

a) those part (parts) of the public procurement for the performance of which the tenderer (candidate) intends to employ a subcontractor,

b) the subcontractors to be used for these parts and already known at the time of submission of the tender or the request to participate, and the envisaged percentage of subcontractor’s performance within the tenderer’s performance.

1. In the tender or, in the case of a procedure consisting of more than one stage, in the request to participate, the economic operator shall submit his self-declaration included in the European Single Procurement Document (ESPD), concerning the non-existence of the exclusion grounds, compliance with suitability criteria and, where appropriate, with the objective criteria specified in Article 82(5).

2. The document specified in paragraph 1 shall consist of a formal statement made by the economic operator that he is not subject to the exclusion grounds and fulfils the relevant suitability criteria, furthermore, he shall provide the information required in the procedure, including data concerning the fulfilment of the suitability criteria. The contracting authority shall indicate in the procurement documents the level of details of information expected in the statement made in the ESPD by the economic operator concerning the fulfilment of the suitability criteria. The statement shall identify, unless defined in the implementation decree of this Act, the authority empowered to issue the certificate to be submitted according to Article 69(4), it shall include the information necessary, where appropriate, for accessing the database pursuant to Article 69(11) and, where appropriate, a declaration of consent.

3. Where the tenderer or the candidate fulfils the suitability criteria by relying on the capacities of another entity, the statement specified in paragraph 1 shall be submitted in the tender or, in a procedure consisting of more than one stage, the request to participate on behalf of the entity providing resources and the entity in question shall certify by the same means as the ones prescribed for the tenderer or the candidate that it is able to fulfil the suitability criteria set, but only as regards the suitability criteria.

4. Tenderers or candidates shall make a statement in their tender or, in the case of a procedure consisting of more than one stage, request to participate that they do not employ for the performance of the contract any subcontractor subject to the exclusion grounds specified in Article 62 and, if it was prescribed in the given procurement procedure, the exclusion grounds specified in Article 63. Even in the event that the contracting authority hasn’t prescribed the designation of the subcontractors already known to tenderers, the statement shall be submitted.

1. The documents containing the tenders or requests to participate shall be opened after the expiry of the time-limit for the submission of tenders or the time limit to participate, - if provided so by an act of legislation - after the lapse of the time period stipulated in an act of legislation.

1a. Contrary to paragraph (1), if the tenders are submitted wholly on paper, the opening of the documents containing the tenders or requests to participate shall commence at the time of the expiry of the submission deadline. Additionally, contrary to paragraph (4), the amount of the available financial cover may be disclosed prior to commencing the opening of the tenders.

1b. The electronically submitted tenders or requests to participate shall be opened by the EPPS, by making the tenders or the requests to participate accessible to the contracting authority at the time of the opening.

1c. For tenders or requests to participate submitted electronically, the data pursuant to paragraph (4)-(5) shall be prompt made electronically accessible by the EPPS to the tenderers or candidates from the time of the opening, with the content provided in the tender or request to participate.

1d. Requests to participate and tenders, if partly submitted electronically, shall be opened by the EPPS in agreement with paragraph 1a, however, the contracting authority shall in this case link the parts of the request to participate and the tender which are received outside the EPPS to the corresponding tender, and shall also document such. In the case of submission of physical models, the contracting authority shall document such by making a photo or protocol and uploading such in the EPPS, among the documents of the procedure.

2. In the case of submission of tenders and requests to participate by non-electronic means, tenders and requests to participate shall be submitted in one original copy, in writing, in a sealed envelope, by hand delivery or mail, to the address indicated in the contract notice, in the invitation to tender or in the invitation to participate, by the expiry of the time limit to submit tenders or the time limit to participate. The contracting authority may prescribe the submission of electronic copies.

3. In the case of submission of tenders and requests to participate by non-electronic means, the opening procedure may be attended only by the contracting authority, the tenderers (candidates), and persons invited by them and – in case of contracting authorities receiving subsidy for the public procurement – the representatives of the organisations and persons specified in a separate act of legislation. Those persons shall have access to the reading sheet at the opening procedure.

4. Upon opening the tenders, the names and addresses (seat, residence) of the tenderers, as well as the main quantifiable particulars to be assessed according to the award criteria, shall be announced. The amount of the funds available for the performance of the contract may be disclosed when opening the tenders.

5. Upon opening the requests to participate, the names and addresses (seat, residence) of the candidates shall be announced.

6. The contracting authority shall draw up minutes of the opening of the tenders and requests to participate as well as of the provision of the data specified in paragraph 4-5 and shall send those minutes to all tenderers and candidates within five days from the day of opening. The submission of tenders or requests to participate received after the expiry of the time limit shall also be recorded by drawing up minutes and those minutes shall be sent to all tenderers and candidates, including the belated ones.

7. Where this Act permits the shortening of the time limit for submission of tenders in regard to the option to submit the tenders by electronic means [Article 81(7), Article 84(4), Article 123(2)], the contracting party shall not seize the opportunity to shorten the time limit if the tenders can be submitted electronically only in part.