The Ministry of Transport, as the Commissioner of the public tender for the performance of the role of the Project Manager, for the implementation of the project of introducing usage-based fees on selected Czech roads, found out that although the public tender was announced at the Central Address on 21 February 2005, the information has yet to be published in the Official Journal of the EU. This discrepancy in the dates of the publication of the public tender mentioned above is not due to any fault of the Commissioner, as it has no influence on the dates of publication of the Official Journal of the EU (TED).
The Ministry for Local Development has exclusive responsibility for sending out information about public tenders in the Czech Republic; the Ministry issued the following statement with respect to the matter on its web pages:
"Sec. 84 of Act no. 40/2004 Coll., the Public Procurement Act, with a view to the applicable European Directives, indicates that it is necessary to first send information about above-limit public tenders to the European Community’s Publication Authority, and only then can it be published elsewhere, such as on the Central Address.
The opinion of the Publication Authority is absolutely clear. At this point, it will not accept the date requested for the publication of information about the tender. The actual date of publication only depends on the date when the data is handed over and on the technological period required for their processing.
The Ministry for Local Development hereby informs all Public Tender Commissioners about the [need ] to thoroughly comply with the legislative obligations, i.e., about the order of actions in publication at the Central Address and in the TED database, which constitutes the electronic part of the Official Journal for the publication of public tenders:
• 1 day prior to the publication of above-limit and required public tenders, their information will be sent to TED;
• Publication at the Central Address will take place 1 day after the sending of data about the public tender to TED;
• Publication in the TED will take place depending on the technological period required for the processing of the public tender data by the European Community’s Publication Authority.
This process complies with the law and eliminates discrimination against any potential suppliers."
The above-mentioned statement shows clearly that the actual publication date of the information is absolutely within the powers of the European Community’s Publication Authority. In spite of that, the Commissioner apologises sincerely for the discrepancy and hereby informs all foreign bidders that information about the said public tender can also be found at the server
www.centralni-adresa.cz , under identification number 50005203. The Commissioner therefore recommends to all foreign applicants that they look for the information about the tender at the above-mentioned server, and use the contact information provided there, if they wish to pick up the tendering documentation.