Now under preparation, the Public Procurement Act will be adopted (with effect no later than on April 1, 2016) in order to transpose the following European Parliament and Council directives: 2014/24/EU of February 26, 2014 on public procurement and the cancellation of Directive 2014/18/EU; 2014/25/EU of February 26, 2014 on procurement by operators in the water, energy, transport and postal services sectors and the cancellation of Directive 2004/17/EU; and 2014/23/EU of February 26 on the award of concession contracts. The Czech legislation should also reflect the material purpose of Directive No. 2007/66/EC of December 11, 2007, which amends Council Directives 89/665/EEC and 92/13/EEC on the increased effectiveness of public procurement review proceedings, as well as 2009/81/EC of July 13, 2009 on the coordination of procedures for the award of certain work, supply and service contracts by contracting authorities/entities in the defence and security industries. In this scope, the following topics are now being discussed:
Re-introduction of economic qualifications (so that the minimum turnover does not exceed twice the expected value of the public contract)
Introduction of a proportionality principle concerning both the subject matter of the public contract and its expected value
Ensuring that the evaluation criteria capture only the most economically favourable offer (also taking expenses into account)
The option to evaluate a contractor’s team
The option to exclude a contractor based on its professional errors
“Self-cleaning” by the contractor (to prove that it has undertaken sufficient measures to evidence its qualifications)
Mandatory digitalisation (in selected areas)
Allowance of minor contractual amendments (up to 10% or 15% depending on the type of public contract and up to approx. 50% if the amendment is needed due to unforeseeable circumstances and it does not change the entire nature of the public contract)
Additional construction work – Unforeseeability is not defined by an objective standard; it is sufficient if the need for additional work could not have been foreseen with due care. A limit of 50% of the price of the original public contract applies
Extra-judicial proceedings and the representation of clients by lawyers (in court and settlement proceedings including advisory services)
In-house procurement (representing 80% of activities for the contracting authority)
Introduction of a new tender procedure providing the option to first evaluate and then decide on a bid
Lifting of the duty to cancel public procurement proceedings where there is only one bid
Supervisory proceedings before the Office for the Protection of Competition: a one-stage procedure for simplified below-limit proceedings