Faculty of Arts, Masaryk University Instruction No. 2/2019
ADMINISTRATION OF PURCHASES
(as amended with effect from 7 June 2021)
In accordance with Article 12 of the Organizational Regulations of the of the Faculty of
Arts, Masaryk University, I issue the following instruction:
Section 1
Introductory provisions
This instruction is intended as an instruction for all employees involved in the
implementation of purchases at individual academic and non-academic workplaces of the
of the Faculty of Arts, Masaryk University (hereinafter referred to as the “FF MU”).
Section 2
Basis of the Regulation
(1) The FF MU manages public funds when procuring supplies or services and is one of
the obligatory entities - contracting authorities under Act No. 134/2016 Coll., on
Public Procurement, as amended (hereinafter referred to as the “Act”). The FF MU
is further governed by Masaryk University Directive No. 10/2015, Rules for Public
Procurement (hereinafter referred to as the “MU Directive”).
(2) The law requires contracting authorities to take into account the principles of
socially responsible procurement, environmentally responsible procurement and
innovation (hereinafter referred to as “socially responsible procurement”) when
awarding public contracts where this is possible given their nature and purpose. The
application of these principles is governed by the methodological sheet of the Public
Tender Office of the Masaryk University Rector’s Office (hereinafter referred to as
the “RMU PTO”).
(3) At the same time, the Faculty is obliged to publish all contracts with a value of
performance exceeding CZK 50,000 excluding VAT in the Register of Contracts in
accordance with Act No. 340/2015 Coll., on Special Conditions for the Effectiveness
of Certain Contracts, the Publication of Such Contracts and on the Register of
Contracts.
Section 3
Purchase administration process
(1) In accordance with the obligations imposed by the regulations referred to above,
staff shall distinguish the following categories in the administration of supplies and
services:
a) the Public Procurement Act regime - supplies and services from the
estimated value of CZK 2,000,001 excluding VAT and above:
- are entered by the Faculty through the electronic tool E-ZAK,
- are handled by the procurement administrator (or Faculty lawyer), large
and specific deliveries are then handled by the RMU procurement
manager. The Faculty Bursar will decide on the specific method of
implementation.
- the workplace provides assistance, but the procurement process is
carried out as described above,
- the contract is published in the Register of Contracts;
b) outside the regime of the Public Procurement Act - the so-called small-scale
contract, up to the value of CZK 2,000,000 excluding VAT:
- subject to the MU Directive, which further divides contracts by value into:
1. contracts from CZK 500,000 excluding VAT and above:
- are entered by the Faculty through the electronic tool E-ZAK,
- are handled by the procurement administrator (or Faculty
lawyer), specific deliveries are then handled by the RMU
procurement manager,
- the workplace provides assistance, but the procurement
process is carried out as described above,
- the contract is published in the Register of Contracts;
2. orders up to 499,999 CZK excluding VAT:
- according to the MU Directive, it is not necessary but they can
be entered via the electronic tool E-ZAK,
- if not procured via E-ZAK, the selection of the supplier must
be captured in the market survey (even if the contract is not
subject to the law due to its value, all purchases must be
transparent, non-discriminatory, respect the principle of
proportionality, and take into account the principles of socially
responsible procurement), the market survey is conducted
using a form according to the model in the annex to this
instruction;
i. for supplies and services with a value of CZK 50,001
excluding VAT and above:
- the related performance of the supply or service must
always be carefully considered and the relationship with
the supplier should be governed by a written contract; if
in doubt, consult the procurement administrator (or
lawyer),
- once this issue has been resolved, a market survey must
be carried out in accordance with the template in
Appendix 1 to this Instruction,
- the purchase itself must be made by means of an order
accepted by the supplier (uniform form for the entire FF
MU according to the model in Appendix 3 to this
instruction),
- the contract or order accepted by the supplier is
published in the Register of Contracts,
- the financial performance of the Faculty and the
performance of the supplier cannot take place before the
contract or the order accepted by the supplier is
published in the Register of Contracts, and the tax
documents issued by the supplier must correspond to
this fact;
ii. for supplies and services up to 50,000 CZK excluding VAT:
- the possible need to contract the order due to the
specificity of the supply/service must be considered,
- if a contract is not required, a market survey (as per the
template in Appendix 2 to this instruction) must be
carried out,
- the purchase itself must be made with an order created
in the Magion Enterprise resource planning system,
- it is not necessary to carry out market research in
situations where the cost of its implementation exceeds
the value of the supply or service to be purchased, taking
into account the principle of efficiency, effectiveness and
proportionality; such value is usually considered to be an
amount of CZK 10,000 excluding VAT,
- written justification of the principles of socially
responsible procurement need not be implemented with
regard to the principles of effectiveness, efficiency and
proportionality,
- the contract or order accepted by the supplier is not
published in the Register of Contracts.
(2) In cases where the supply or service is acquired within the framework of a project
(subsidy), the relevant model form according to the Appendix to the instruction,
supplemented with project data and logos, if any, will be used to capture the market
research, in accordance with the publicity rules of the given programme or subsidy
provider. At the same time, the purchaser is obliged to consult with the FF MU Office
for Research and Development on the need to carry out market research even in
values lower than those specified in this instruction.
(3) The sample market research forms capture the evaluation of three different offers.
This number is the minimum required. If necessary, the department may evaluate
more offers obtained through the market survey. A lower number of bids is
permissible for products and services supplied by fewer suppliers or in situations
where a supplier has not made a bid and the product or service is not supplied by
another supplier not yet approached.
(4) The model market survey forms capture the evaluation according to the lowest price
criterion excluding VAT. This is the most common method of evaluation. The
workplace has the possibility to evaluate tenders according to other objectively
determined criteria. Under the assumptions set out in the RMU PTO methodological
sheet, the department is obliged to apply the principles of socially responsible
procurement.
(5) In order to evaluate tenders, objectively measurable technical conditions must be
established. These need to be set in a definite but not discriminatory manner for a
particular product.
Section 4
Final provisions
(1) I authorise the FF MU lawyer to interpret the individual provisions hereof.
(2) Compliance with this Instruction will be inspected by the Head of the FF MU Finance
Office.
(3) This Instruction will come into force upon signature.
(4) This Instruction will come into effect on 7 June 2021.
signed electronically
Ing. Ivo Jurtík
Faculty Bursar
Annexes: 1 Sample form for market research from CZK 50,001
2 Sample form for market research up to CZK 50,000
3 Sample order form with supplier acceptance