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Public procurement
I represent suppliers and bidders – from reviewing tender documents and preparing bids to objections and proceedings before the Czech competition authority (ÚOHS). Deadlines are short, so get in touch early.
How I can help
Before submitting a bid
- Reviewing tender documents – disproportionate and discriminatory conditions
- Requests for clarification of tender documents
- Qualification, subcontractors and joint bids
- Reviewing the bid before submission
- Justifying an abnormally low tender price
After the contracting authority’s decision
- Objections to tender conditions, exclusion or award decision
- Petition to the ÚOHS for review of the contracting authority’s acts
- Representation in proceedings before the ÚOHS
- Defending the selected supplier against competitors’ objections
- The public contract – amendments and performance
Typical situations
The contracting authority has excluded you from the tender.
I assess whether the exclusion will stand. Objections must usually reach the contracting authority within 15 days of receiving the decision.
The tender conditions seem tailored to a competitor.
Objections to tender conditions can be raised no later than the end of the bid deadline. The sooner, the better.
The contracting authority wants you to justify your low price.
I help prepare a justification of the abnormally low price that holds up, so you are not excluded.
A competitor won with a suspiciously low price.
I check whether the contracting authority acted correctly and, if not, file objections to the award decision.
How I handle objections
Deadlines are short- 1 Assessment I review the documents and the decision and tell you your chances.
- 2 Objections I draft the objections and deliver them to the contracting authority within the statutory deadline.
- 3 ÚOHS If the objections are rejected, I file a petition for review with the ÚOHS.
- 4 Proceedings I represent you in the ÚOHS proceedings through to the decision.
Fees
The fee depends on the brief. You always know it upfront.
A petition for review by the ÚOHS requires paying a deposit – I calculate its amount for you in advance.
FAQ
By when must I file objections?
Generally within 15 days of learning of the breach; for acts notified by the contracting authority, within 15 days of their publication or delivery. Objections to tender conditions no later than the end of the bid deadline (Section 242 of the Czech Public Procurement Act).
What if the objections are rejected?
You can petition the ÚOHS for review – within 10 days of receiving the decision rejecting your objections. The petition must include proof of the deposit paid (Section 251 of the Czech Public Procurement Act).
Can I object in a small-scale contract?
As a rule, no – objections cannot be raised against the contracting authority’s procedure when awarding a small-scale public contract (Section 241(1) of the Czech Public Procurement Act).
What is an abnormally low tender price?
A price the contracting authority considers unreasonably low given the subject of the contract. It will request a justification – if it is not convincing, you may be excluded.
Do I need an attorney for objections?
It is not mandatory, but objections must meet formal requirements and new arguments raised only before the ÚOHS are generally disregarded. So it pays to prepare them carefully the first time.
Bidding for a public contract?
Send me a link to the tender or the contracting authority’s decision. The first 15 minutes of a consultation are free; I usually reply to e-mails within 48 hours on working days.