13th March 2012

Daniel Weinhold, Partner, Weinhold Legal, Platform for Transparent Public Procurement

 

Which of the newly introduced measures will have the greatest positive effect on the level of transparency in public procurement?
In my view, the most significant changes are those requiring publication of public contracts (including an actually paid price), preliminary announcements (1 month before a public tender), compulsory cancellation of tenders if only one bid is achieved.
Which of the new measures will be the most difficult to implement effectively? Preparation and publication of compulsory reasoning in respect of purposefulness of procurement and reasonable nature of tender conditions. This is a very important new measure, but its efficiency largely depends on how it will be used in practice by public authorities.
How will the government supervise the implementation to ensure it is done uniformly and that all levels of government achieve the transparency and effectivity made possible by the new act? There are two levels - the government organizations and municipalities. The government has better tools in respect of steering the government organisations, and has already taken certain steps - e.g.the decision of Fischer´s cabinet on compulsory usage of e-markets for some commodities, and decision of last July on a system on compulsory centralized procurement in certain areas.
What should be the next most important issue in public procurement to be solved?
The transparency of ownership of suppliers (to be dealt in a new law and on a more general level, i.e. not only public procurement, but also other public-private agreements). Methodology on 3E principles. Decrees implementing the law in more detail. And later - implementation of new EU procurement directives (drafts of which were published at the very end of 2011).
How long will the full implementation take and when could first results be visible?
This should be rather answered by relevant government officials, but I hope there will be no unnecessary delays.

Which of the newly introduced measures will have the greatest positive effect on the level of transparency in public procurement?

In my view, the most significant changes are those requiring publication of public contracts (including an actually paid price), preliminary announcements (1 month before a public tender), compulsory cancellation of tenders if only one bid is achieved.

 

Which of the new measures will be the most difficult to implement effectively?

Preparation and publication of compulsory reasoning in respect of purposefulness of procurement and reasonable nature of tender conditions. This is a very important new measure, but its efficiency largely depends on how it will be used in practice by public authorities.

 

How will the government supervise the implementation to ensure it is done uniformly and that all levels of government achieve the transparency and effectivity made possible by the new act?

There are two levels - the government organizations and municipalities. The government has better tools in respect of steering the government organisations, and has already taken certain steps - e.g.the decision of Fischer´s cabinet on compulsory usage of e-markets for some commodities, and decision of last July on a system on compulsory centralized procurement in certain areas.

 

What should be the next most important issue in public procurement to be solved?

The transparency of ownership of suppliers (to be dealt in a new law and on a more general level, i.e. not only public procurement, but also other public-private agreements). Methodology on 3E principles. Decrees implementing the law in more detail. And later - implementation of new EU procurement directives (drafts of which were published at the very end of 2011).

 

How long will the full implementation take and when could first results be visible?

This should be rather answered by relevant government officials, but I hope there will be no unnecessary delays.

Members of the American Chamber of Commerce in the Czech Republic