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Review procedures

According to ACT No. 523/2003 of 24 October 2003 on public procurement and on amendment of the Act No. 575/2001 Coll. on the organisation of activities of the government and on the organisation of central state administration as amended

I. Articles 104-123 of the ACT No. 523/2003 of 24 October 2003 on public procurement and on amendment of the Act No. 575/2001 Coll. on the organisation of activities of the government and on the organisation of central state administration as amended state the review procedures that consist of :

• dealing with requests for remedies by the contracting authority prior to conclusion of contract,
• surveillance of public procurement. In exercising surveillance, The Office for Public Procurement (hereinafter “the Office”) shall :
  • decide on protests of tenderers, candidates or persons who have or may have been affected by the contracting authority’s acting,
  • audit the acting of contracting authorities in accordance with this Act,
  • impose fines in accordance with this Act,
  • perform other activities in accordance with this Act

II. As regards protest proceedings, this is distinguished in two categories : protest proceedings prior to contract conclusion (Article 107 and 108) and protest proceedings after contract conclusion (Article 109 and 110).

III. The decision of the Office concerning objections shall be valid by the date of its delivery and enforceable by the expiry of its execution period and this Office decision of protests may be reviewed by court where the action has been filed within ten days from the decision delivery. The Office shall decide in protest proceedings in commissions, save the decisions in accordance with Article 108 (1) and Article 110 (1). For contract awards above the threshold, the commission shall consist of the commission chairman and four commission members. The commission chairman and at least two commission members shall be the Office employees. For contract awards below the threshold, the commission shall consist of the commission chairman and two commission members. The commission chairman and at least one commission member shall be the Office employees. The commission chairman and commission members shall be appointed by the Chairman of the Office. The commission chairman must be a graduated lawyer. Details of the commission activities shall be governed by statutes and the standing order issued by the Chairman of the Office 27. January 2004 (Article 111 paragraph 8).