How to choose the type of a public procurement pro
If you are a contracting authority under the Act No. 134/2016 Coll., on Public Procurement (hereinafter referred as the “Act”), you have a duty, with exceptions, to award a public contract through one of nine types of a procurement procedure stipulated by the Act. But how to proceed in order to choose the right procurement procedure and avoid negative results connected with the violation of the Act?
It is fundamental to define correctly the type of a procurement procedure, its estimated value and public procurement regime. If you wanted to use e.g. negotiated procedure without prior publication as a type of the procurement procedure, the conditions for its application are defined for each type of the public procurement separately, that means a supply contract has different conditions of a procurement procedure without prior publication, different conditions are applied at a public service contract and public works contract. The first step is to define which of the three types of the public procurement is concerned. If you defined the type of the public procurement, it is necessary to think about its estimated value. The estimated value serves i.a. for determination of the public procurement regime, its definition is important for the final choice of the procurement procedure type (e.g. a simplified below-threshold procedure may not be applied at an above-threshold regime).
In simple terms, the estimated value of public procurement is the estimated payment you estimate to pay to the chosen supplier for the supply, service or works the supplier will execute. If you are sure about the amount of the estimated value, you may choose the public procurement regime. You may choose from four regimes – above-threshold, below-threshold, small-scale contract, simplified regime. Various limits according to the estimated value are determined for three of them (with the exception of the simplified regime which is defined under separate criteria) by a special rule. If the public procurement regime was chosen, you may finally proceed to choose the procurement procedure type.
As a contracting authority you may choose in the above-threshold regime from six procurement procedures (open, restricted, negotiated procurement with prior publishing, negotiated procurement without prior publishing, competitive dialogue procedure and innovative partnership procedure). In the below-threshold procedure you may use all the six above mentioned procurement procedures and moreover a simplified below-threshold procedure. If your case is the small-scale contract you do not have to use any procurement procedure, yet you still have a duty to follow conventions of awarding public procurements. The simplified regime has its own regulation of proceedings in Section V of the Act.
This is our daily matter. If you want to ask how to proceed your case in the best way, feel free to call us at + 420 800 770 888 for free and arrange a meeting with one of our specialists on Public Procurement.
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The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2018. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.