What is Act No. 134 / 2016 Coll.?

Act No. 134 / 2016 Coll., on Public Procurement — Public procurement law.

When it became Act No. 134 / 2016 Coll. effectiveness?

Act No. 134 / 2016 Coll. became effective 01.10.2016.

Is Act No. 134 / 2016 Coll. still valid?

Yes, Act No. 134 / 2016 Coll. is still valid and effective.

How many times was it Act No. 134 / 2016 Coll. amended?

Act No. 134 / 2016 Coll. has 19 time versions of the text.

Act No. 134 / 2016 Coll.

Public procurement law

Valid Law Effective from 01.10.2016

Text versions: 01.01.2027 03.04.2025 01.01.2025 01.01.2024 16.07.2023 All versions (18)

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 4 § 5 § 6 HLAVA II § 7 § 8 § 9 § 10 § 11 § 12 § 13 HLAVA III Díl 1 § 14 § 15 Díl 2 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 Díl 3 § 24 § 25 § 26 § 27 § 28 HLAVA IV § 29 § 30 § 31 HLAVA V § 32 ČÁST DRUHÁ § 33 § 34 § 35 § 36 § 37 § 37a § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 48a § 49 § 50 § 51 ČÁST TŘETÍ § 52 § 53 § 54 ČÁST ČTVRTÁ HLAVA I § 55 HLAVA II § 56 § 57 HLAVA III § 58 § 59 HLAVA IV § 60 § 61 § 62 HLAVA V § 63 § 64 § 65 § 66 § 67 HLAVA VI § 68 § 69 HLAVA VII § 70 § 71 § 72 HLAVA VIII Díl 1 Oddíl 1 § 73 § 74 § 75 § 76 § 77 Oddíl 2 § 78 Oddíl 3 § 79 § 80 Oddíl 4 § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 Díl 2 § 89 § 90 § 91 § 92 § 93 § 94 § 95 Díl 3 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 § 105 § 106 HLAVA IX § 107 § 108 § 109 § 110 § 111 § 112 § 113 HLAVA X Díl 1 § 114 § 115 § 116 § 117 § 118 Díl 2 § 119 § 120 § 121 HLAVA XI § 122 § 123 HLAVA XII § 124 § 125 § 126 HLAVA XIII § 127 § 128 ČÁST PÁTÁ § 129 § 129a ČÁST ŠESTÁ HLAVA I § 130 HLAVA II § 131 § 132 § 133 § 134 § 135 § 136 § 137 HLAVA III § 138 § 139 § 139a § 140 § 140a § 141 § 142 HLAVA IV § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 ČÁST SEDMÁ HLAVA I § 151 § 152 § 153 § 154 § 155 § 156 § 157 HLAVA II § 158 § 159 § 161 § 162 § 163 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 § 173 ČÁST OSMÁ HLAVA I § 174 § 175 HLAVA II § 176 § 177 § 178 § 179 HLAVA III § 180 § 181 § 182 § 183 § 184 § 185 HLAVA IV § 186 ČÁST DEVÁTÁ HLAVA I § 187 § 188 § 189 § 190 HLAVA II § 191 § 192 § 193 § 193a § 194 § 195 § 196 § 197 § 198 § 199 § 200 § 201 § 202 § 203 § 204 § 205 HLAVA III § 206 § 207 § 208 ČÁST DESÁTÁ § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 § 222 § 223 ČÁST JEDENÁCTÁ § 224 HLAVA I § 225 HLAVA II § 226 § 227 § 228 § 229 § 230 § 231 § 231a § 232 ČÁST DVANÁCTÁ § 233 § 234 § 235 § 236 § 237 § 238 § 239 § 240 ČÁST TŘINÁCTÁ HLAVA I § 241 § 242 § 243 § 244 § 245 § 246 § 247 HLAVA II Díl 1 § 248 Díl 2 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 260 § 260a § 261 § 261a § 262 § 262a § 263 § 264 § 265 § 266 § 267 Díl 3 § 268 § 269 § 270 Díl 4 § 271 § 272 HLAVA III § 272a § 272b § 272c ČÁST ČTRNÁCTÁ § 273 § 274 § 275 § 276 § 277 § 278 ČÁST PATNÁCTÁ § 279

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134

THE LAW

of 19 April 2016

on public procurement

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter

This law implements the relevant provisions of the European Union1) and provides for

(a) procurement rules, including specific procedures prior to their award;

(b) the obligations of suppliers in the award of public contracts and in the specific procedures preceding their award;

(d) the specific conditions of invoicing for the performance of public contracts;

(e) specific reasons for the termination of obligations under contracts;

(f) public procurement information system;

(g) the system of qualified suppliers;

(h) a system of certified suppliers;

(i) supervision of compliance with this law.

§ 2

Procurement

(1) For the purposes of this Act, the award of a public contract shall mean the conclusion of a contract for consideration between the contracting authority and the supplier resulting in an obligation to provide supplies, services or works. For the purposes of this Act, an entry between the organizational components of the State under the Act on the assets of the Czech Republic and its presentation in legal relations shall also be considered as a contract if it is subject to the provision of supplies, services or construction works. The award of a contract shall not constitute the conclusion of a contract establishing an employment relationship or any other similar relationship or contracts governing the cooperation of the contracting authority in the award of a contract pursuant to Articles 7 to 12, 155, 156, 189 and 190.

(2) The contract is a public supply contract pursuant to Article 14 (1), a public service contract pursuant to Article 14 (2), a public works contract pursuant to Article 14 (3), a service concession pursuant to Article 174 (3) or a public works contract pursuant to Article 174 (2).

(3) The contracting authority shall award the contract in the procurement procedure, unless otherwise specified. This obligation shall be deemed to be fulfilled where a contract is awarded under a framework agreement in accordance with the procedure laid down in Part Six, Title II, in a dynamic purchasing system in accordance with Part Six, Title III, or is procured from or through a central contracting authority in accordance with Section 9.

§ 3

Types of procurement procedures

For the purposes of this Act, procurement procedures shall mean:

(a) simplified sub-limit management;

(b) open procedure,

(d) consultation procedures with publication;

(e) negotiated procedures without publication;

(f) the competitive dialogue procedure;

(g) innovation partnership management,

(h) concession procedures; or

(i) the procedure for awarding the contract under the simplified procedure.

§ 4

Contracting entity

(1) The contracting authority shall:

(a) the Czech Republic; in the case of the Czech Republic, the organisational units of the state2) shall be considered as operational units with functional autonomy in the award of public contracts pursuant to § 17 (2);

(b) Czech National Bank,

(d) the territorial body or its contribution organisation;

(e) another legal person where:

1. has been established or set up to meet needs of public interest which are not of an industrial or commercial nature; and

2. another contracting authority shall mainly finance it, may exercise a decisive influence therein or appoint or elect more than half of its statutory or supervisory body members.

(2) The contracting authority is a person who uses more than CZK 200 000 000 or more than 50% of the money provided by

(a) the budget of the contracting authority, except where a contract which is not an excessive public contract for works or the related above-limit public contract for services is performed outside the territory of the European Union;

(b) the budget of the European Union or the public budget of a foreign State, except where the contract is performed outside the territory of the European Union.

(3) In the award of sectoral contracts pursuant to § 151, including sectoral concessions pursuant to § 176 (3), the contracting authority shall also be the person referred to in § 151 (2).

(4) Where the contracting authority referred to in paragraphs 1 to 3 initiates a procurement procedure, even if it was not obliged to do so, it shall comply with this law in respect of the procurement.

(5) A procuring entity shall also be considered to be another person who has initiated a procurement procedure, even if it has not been required to do so, in relation to that procurement procedure and until its completion.

(6) The contracting authority referred to in paragraph 2 shall not be considered to be the contracting entity on the basis of a pre-determined rate, or of supplies or services in the field of the common agricultural policy in the fruit and vegetables sector, beekeeping, wine, other sector55. This does not apply if there is an excessive public works contract or an excessive public service contract relating to such works, for which the contracting authority provides more than 50% of the funds.

§ 5

Supplier

For the purposes of this Act, the supplier shall be the person who offers the supply of supplies, services or works or more of such persons together. A branch of an establishment shall also be considered a supplier; in that case, the registered office of the establishment shall be deemed to be the registered office of the supplier.

§ 6

Principles of public procurement

(1) The contracting authority must respect the principles of transparency and proportionality in the procedure under this law.

(2) In relation to suppliers, the contracting authority must respect the principle of equal treatment and non-discrimination.

(3) The contracting authority may not restrict participation in procurement procedures to those suppliers having their registered office in:

(a) a Member State of the European Union, the European Economic Area or the Swiss Confederation (hereinafter referred to as "the Member State"); or

(b) another State which has an international contract concluded with the Czech Republic or with the European Union guaranteeing access to a public contract to suppliers from those States.

(4) The contracting authority shall be obliged to comply with the principles of socially responsible award, environmentally responsible award and innovation within the meaning of this Act in the course of the procedure provided for in this Act, in order to establish the specifications, evaluation of offers and selection of the supplier, provided that this is appropriate in view of the nature and purpose of the contract. The contracting authority must duly justify its procedure (52).

HLAVA II

COOPERATION OF THE CONTRACTING AUTHORITY IN THE PROCEEDING OF THE PUBLIC PROCESS

§ 7

Joint Submission

(1) Contracting entities may award contracts jointly. The contracting authority may also award the contract with a person who is not obliged to comply with this law.

(2) Before the start of the procurement procedure, persons participating in the joint award shall conclude a written contract which shall lay down their mutual rights and obligations relating to the procurement procedure and lay down the manner in which they are to be treated against third parties.

(3) In compliance with this law, the contracting entities involved shall be responsible for the joint award, together with the exception of acts carried out by the participating contracting entity, only in their own name and on their behalf.

§ 8

Joint award involving contracting entities from different Member States

(1) Where several contracting entities jointly and at least one of these persons is a contracting entity under the law of another Member State, the applicable law for the award of a contract and its review is the law of the Czech Republic or the law of that Member State. The applicable law shall be determined:

(a) by international agreement; or

(b) by agreement of the persons involved in the joint award, if not referred to in (a).

(2) Where a contract is awarded by a person established or established by a contracting authority, together with a person who is a contracting authority under the law of another Member State, those contracting authorities shall agree that the law applicable to the award of a contract and its review is the law of the Member State in which the person so established or established is established.

(a) it has its registered office; or

(b) carry out its activities.

§ 9

Central contracting entity

(1) A central contracting authority is a contracting authority pursuant to Article 4 (1) or (3) or a contracting entity under the law of another Member State which carries out centralised procurement involving the carrying out of a procurement procedure or special procedures under Part Six where:

(a) procures supplies or services which it subsequently leaves to one or more contracting entities at a price not higher than that at which they were acquired; or

(b) other contracting entities or contracting entities shall procure supplies, services or works.

(2) The central contracting authority shall be responsible for compliance with this law in the centralised procurement. However, the contracting authority shall be responsible for compliance with this law if it separately procures public contracts:

(a) within a dynamic purchasing system operated by a central purchasing body; or

(b) under a framework agreement concluded in the framework of centralised procurement.

(3) It is true that the publication obligation laid down by this Act is fulfilled if it is fulfilled by a central contracting authority in a centralised procurement procedure.

(4) The heading of the contracting entities for which centralised procurement is carried out must be defined in the procurement documents, either by their enumeration or by other means, enabling the tenderers to identify them; This does not apply to procurement procedures where:

(a) a dynamic purchasing system is established; or

(b) the procurement documents shall specify a maximum price for the performance of a contract which is below the limit laid down in Article 25.

(5) The central contracting authority and the contracting entity for which centralised procurement is to be carried out may conclude a written contract adjusting their mutual rights and obligations in connection with centralised procurement; This is without prejudice to Paragraph 132 (2). This contract may include other services provided by a central contracting authority related to the procurement of public contracts.

(6) Where a central contracting authority carries out centralised procurement exclusively of sectoral public contracts, it shall proceed in accordance with the provisions of this law governing sectoral public contracts.

(7) The central contracting authority may procure for itself in the framework of centralised supply, service or works.

(8) Where a central contracting authority is a contracting authority under the law of another Member State, the law applicable to the award of a contract awarded by a central contracting authority and its review shall be the law of the Member State in which it is situated.

§ 10

Prohibition of cooperation or choice of law

(1) The procedure under Section 8 or 9 is not possible in the case of concessions under Section 174. In the case of defence or security procurement pursuant to § 187, the provisions of § 8 cannot be applied. The choice of another Member State's right under § 8 or central award under § 9 is also not possible if the contract so awarded is to be awarded in accordance with the procedure for a sector contract, although the contract is not a sector contract under Section 7.

(2) Through the cooperation of the contracting authority in the award of a contract, the contracting authority shall not avoid compliance with other legislation.

§ 11

Vertical cooperation

(1) The conclusion of a contract concluded by the contracting authority with another legal person as a supplier shall not be regarded as the award of a contract where:

(a) itself or jointly with other contracting authorities, it controls that person in the same way as its internal organisational units;

(b) in such a controlled person, there is no other person than the controlling contracting authority or the controlling contracting authorities; and

(c) more than 80% of the total activity of the person thus controlled shall be carried out in the performance of the tasks entrusted to him by the controlling contracting authority or contracting authorities or other legal persons which are also controlled by the controlling contracting authority or contracting authorities as their internal organisational units, irrespective of who receives the performance of the contract.

(2) The contracting authority shall control the legal entity in a similar manner to its internal organisational units where it has a decisive influence on both strategic objectives and significant decisions of such controlled legal entity. Such control may also take place on the part of another legal person who is itself controlled by the same contracting authority in a similar manner to its internal organisational unit.

(3) Contracting authorities shall jointly control the legal person referred to in paragraph 1 (a) where:

(a) the decision-making authorities of the legal person so controlled shall be composed or established on the basis of concerted practices by all jointly controlling contracting authorities;

(b) the controlling contracting authorities jointly have a decisive influence on the strategic objectives and significant decisions of the legal person thus controlled; and

(c) the legal person thus controlled shall not pursue any interests contrary to those of the controlling contracting authorities.

(4) A contract shall not be deemed to be awarded where a legal person controlled under paragraph 1 (a) enters into a contract with a supplier in which no private person has direct participation and which is:

(a) by the contracting authority which controls it; or

(b) another legal person controlled by the contracting authority referred to in (a).

(5) For the purposes of paragraph 4, a private person shall mean a person other than the State, a public corporation, another legal person established by law or a legal person in which only the State, a public corporation or another legal person established by law participate.

(6) Paragraphs 1 to 5 shall apply mutatis mutandis to contracting entities pursuant to Article 4 (2).

(7) For the purposes of vertical cooperation, the organisational body of the State shall be regarded as a legal person.

§ 12

Horizontal cooperation

The conclusion of a contract between contracting authorities shall not be regarded as awarding a contract unless:

(a) this Treaty establishes or implements cooperation between contracting authorities with a view to achieving their common objectives aimed at ensuring the public needs to be ensured by those contracting authorities;

(b) the cooperation referred to in (a) shall be governed only by considerations relating to the public interest; and

(c) each of these contracting authorities shall carry out on the open market less than 20% of its activities covered by the cooperation referred to in (a).

§ 13

Activity share

(1) In order to determine the proportion of activities under Article 11 (1) (c) or Article 12 (c), account shall be taken of the average turnover where the activity covered by the contract is covered in full by its beneficiaries. Where this is not possible, the total costs of the legal entity shall be used as a basis for calculation in the case of vertical cooperation and in the case of horizontal cooperation, the costs incurred by the contracting entity in relation to the activities covered by that cooperation.

(2) The share of activities shall be calculated in a sum of three financial years preceding the accounting year in which the contract was concluded. Where a legal person has developed or commenced the activity in question at a later stage or its activities have been reorganised, it shall be sufficient to achieve the conditions referred to in paragraph 1 to be credible, in particular on the basis of business plans.

HLAVA III

SPECIES AND PUBLIC CONTRACT SCHEME

Díl 1

Types of procurement

§ 14

(1) A public supply contract shall be a public contract involving the acquisition of goods, animals or natural forces, unless they form part of a public works contract pursuant to paragraph 3. Acquisition means, in particular, purchase, hire or hire. For the purposes of the first sentence, the acquisition of a security or other investment instrument (12), a business establishment, its separate organisational component or a holding in a commercial corporation shall not be considered as acquisition.

(2) A public service contract is a public contract for the provision of activities other than those referred to in paragraph 3.

(3) The public works contract is a public contract which:

(a) the provision of the activity referred to in Section 45 of the Main Dictionary of the Single Classification System for the purpose of public procurement under the directly applicable European Union3 (hereinafter referred to as the "Main Dictionary of the Single Classification System");

(b) the construction of the building; or

(c) the provision of related project activities where they are awarded together with the construction works referred to in (a) or (b).

(4) The construction is for the purposes of this Act the result of construction or assembly works creating a single unit which is sufficient in itself to fulfil an economic or technical function. Notwithstanding the legal form of cooperation between the contracting authority and the contractor, the construction of a construction contract shall also be considered as complying with the requirements laid down by the contracting authority, the construction of which the contracting authority has a decisive influence on the type or project of the construction.

§ 15

Main subject matter of the contract

(1) Public contracts involving several types of procurement shall be awarded in accordance with the rules applicable to the type of contract corresponding to the main subject matter of the contract.

(2) Where contracts contain supplies and services and are not works contracts, the main object shall be determined according to the part of the subject matter of the contract with a higher estimated value.

(3) In other cases, the main object shall be determined according to the basic purpose of the contract.

Díl 2

Estimated value

§ 16

Estimated value of the contract

(1) The contracting authority shall determine the estimated value of the contract. The estimated value of the contract is the contracting authority's estimated amount of remuneration for the performance of the contract expressed in cash. Value added tax shall not be included in the forecast value of the contract.

(2) The estimated value of a contract shall include the value of all transactions which may result from a contract, unless otherwise specified.

(3) The estimated value of the contract shall include the estimated value of changes in the contract commitments, the possibility of which has been reserved in the procurement documents referred to in Section 100. Where the contracting authority reserves the performance referred to in Article 100 (3), it shall indicate in the contract documents the expected value of the reserved performance.

(4) The expected value of the contract shall include the expected amount of prices, rewards or other payments made by the contracting authority to suppliers in connection with their participation in the procurement procedure.

(5) The estimated value of the contract shall be determined at the time of the award of the contract or at the time of the award of the contract, if it was not awarded in the procurement procedure.

(6) The estimated value of the contract awarded in the procurement procedure shall be determined on the basis of data and information on contracts of the same or similar subject matter of performance; where such data or information is not available to the contracting authority, it shall be based on information obtained by market research, preliminary market consultations or by any other appropriate means. Where a contract has not been awarded in a procurement procedure, the price or particulars relevant to its designation in the contract shall be used to determine the estimated value.

§ 17

Operating units

(1) The contracting authority shall determine the estimated value of the contract for all its operating units.

(2) However, if it is an operating unit with functional autonomy in the award of public contracts or some of their categories, the estimated value of the contract may be determined at the level of that unit.

§ 18

Estimated value of the contract divided into lots

(1) Where a contract is divided into lots, the estimated value shall be determined according to the sum of the estimated values of all those parts, irrespective of whether the contract is awarded

(a) in one or more procurement procedures; or

(b) by the contracting authority, individually or in cooperation with another contracting authority or other person.

(2) The sum of the estimated values of the parts of the contract referred to in paragraph 1 shall include the estimated value of all transactions which constitute a single functional unit and are awarded in time. Except in the cases referred to in paragraph 3, each part of the contract shall be awarded in accordance with procedures corresponding to the total estimated value of the contract.

(3) A single part of a contract may be awarded in accordance with procedures corresponding to the estimated value of that part where the total estimated value of all the parts of the contract so awarded does not exceed 20% of the aggregate forecast value and the estimated value of the individual part of the contract is less than the amount laid down by the Government Regulation.

§ 19

Estimated value of contracts of a regular nature

(1) The estimated value of a contract the object of which is regularly procured or continued supply or service shall be determined as:

(a) the actual price paid by the contracting authority for supplies or services of the same kind during the preceding 12 months or the previous financial year, which exceeds 12 months, adjusted for changes in the quantity or prices that can be expected during the next 12 months; or

(b) the sum of the estimated values of each supply and service to be entered by the contracting authority during the following 12 months or in the accounting year which exceeds 12 months, unless the information referred to in point (a) is available.

(2) Where a contract is to be concluded for a period of more than 12 months, the estimated value of the contract provided for in paragraph 1 shall be adjusted in accordance with Paragraph 20 or 21.

(3) Contracts referred to in paragraph 1 shall not be regarded as contracts:

(a) for which the unit price of their object is variable at the time referred to in paragraph 1 (a);

(b) by which the contracting authority repeatedly procures supplies or services according to its current needs; and

(c) the estimated value determined in accordance with the procedure laid down in paragraphs 1 and 2 is below the limit laid down in paragraph 25.

§ 20

Specific rules on the estimated value of public supply contracts

In order to determine the estimated value of the supply contract, the contract shall be valid for the period of:

(a) a certain expected amount of remuneration for the entire duration of the contract;

(b) indefinite or the duration of which cannot be precisely defined as the expected amount of remuneration over 48 months.

§ 21

Specific rules on the estimated value of public service contracts

(1) In order to determine the estimated value of a service contract for which no total contract price is fixed, the expected amount of the remuneration shall be determined:

(a) for the entire duration of the contract, if the duration of the contract is 48 months or less;

(b) 48 months for an indefinite contract or contracts with a duration exceeding 48 months.

(2) The contracting authority must also include in the forecast value:

(a) insurance services for insurance premiums, commission and other related payments;

(b) for banking and financial services, fees, commissions, interest and other related payments;

§ 22

Specific rules on the estimated value of works contracts

Where the contracting authority provides the supplier with supplies, services or works necessary for the supply by the contracting authority of the required works, it shall include their value in the estimated value of the contract.

§ 23

Estimated value in specific cases

(1) In order to determine the estimated value of a framework agreement or a dynamic purchasing system, the cumulative estimated value of all contracts which may be awarded under a framework agreement or in a dynamic purchasing system shall be determined.

(2) In the case of an innovative partnership procedure, the contracting authority shall determine the total estimated value of research and development activities that take place at all stages of the innovation partnership and the total estimated value of supplies, services or works that may be developed and acquired under the innovation partnership; the estimated value of the contract is the sum of the estimated values according to the first sentence.

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Regulation Information

Citation	Act No. 134 / 2016 Coll., on Public Procurement
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.04.2016
Effective from	01.10.2016
Effective until	-
Status	Valid

Legal Areas: Economic (State) Commercial law Commercial liabilities Labour law Self-administration Administrative offences Administrative law State (official) control Telecommunications, Communications, Mail Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.