29th April 2013

Ministry of Regional Development: amendments to the Act on Public Contracts

The Ministry of Regional Development has introduced the amendment to the Act on Public Contracts (zákon o veřejných zakázkách). The Ministry claims that the amendment has a rather technical character which reflects implementation obstacles.

The Bill softens some provisions of the current Act. The Bill rejects the previous provision that the public contract should be evaluated by the person of special qualification. Further, the Bill postpones the duty of expert opinion that was intended to be put forward to the Government in order to gain the Governmental consent with the contract. The Bill also introduces the process of repetitive announcement of the public contract that need not have the Governmental consent. The repetitive consent also allows arranging the contract if there is only one specialized applicant for the public competition.

The Bill stipulates that the documentation of the fulfillment of the contract should be publicized immediately at the beginning of the process of the public competition with publication (the very special multiphase process when the applicants express their will to compete not only according to the contract price).

On the other hand, the Bill leaves limits of the price value without any changes. For the future, the public contract of approximated value 3 million CZK should be treated according to the Act.

The Ministry welcomes any comments till 24 May.

For further information, click here (explanatory report).

Members of the American Chamber of Commerce in the Czech Republic