The new Act no. 343/2015 Coll. on Public Procurement Affective From 18.4 2016
JUDr. Jakub Vozáb, PhD. 16.05.2016
The new Public Procurement Act no. 343/2015 Coll. 3 implements various European directives and introduces several innovations in order to streamline the process of public procurement. The following contribution presents an overview of some of the most important changes.
European single document as proof of the candidate's eligibility The new law on public procurement is introducing a so-called European single document (JED), with the help of which it will be possible provisionally replace the documents to demonstrate compliance with the participation conditions specified by the contracting authority. These documents will be submitted to the candidate in public procurement with its offer actually succeeds. JED should therefore facilitate the often lengthy and complicated process of verifying the suitability of tenderers in public procurement. JED will also supply a standardized declaration applicable throughout the EU.
Regulates relations with subcontractors The new Public Procurement Act is giving increased attention to persons in the position of subcontractors. Authority may draft contract or framework agreement specify that for the goods, services or works will be paid directly to the subcontractor if the subcontractor's contract customer requests. SMEs are not dependent on the proper and timely discharge of obligations by the main contractor.
The Act also allows the entity shall ask tenderers information on what proportion of the contract it intends to implement with the help of subcontractors. Authority may, in a given context, the subcontractor meets the specific conditions proper documents attested to the fact that if these conditions fails, the contracting authority may require tenderers to replace a subcontractor.
Electronisation communications in public procurement Under the new law on public procurement will be mandatory electronic communications, and in all phases of the procurement, including the submission of requests to participate and receipt of tenders.
Joint submission of offer Joint submission of tenders will allow joint participation of small and medium-sized enterprises that would otherwise not be able to realize the subject matter itself.
Innovative partnership One of the procedures for awarding contracts above the threshold is also called. innovative partnership. The application of this institute will occur if it is necessary to develop and buy innovative product, service or works that do not yet exist in the market. Object of the contract in this case creates a partnership between the contracting authority and the successful tenderer.
In-house award The new Public Procurement Act will not apply to so-called. in-house award of contracts. This gives rise to the award of a legal entity in which a contracting authority exercises similar control over their own departments, in which more than 80% of the activities carried out at the duties the legal person entrusted by the contracting authority, and which is not represented by any private equity .
The division of contracts into lots The contracting authority may, following a new contract or concession divided into several separate parts. The announcement of the procurement authority must establish whether the bid for one, more or all of the contract. Where the contracting authority shall refrain from the distribution of the contract, such a decision must be justified.
It is recalled that the above information is only a brief overview of some of the innovations embodied the new Law on Public Procurement no. 343/2015 Coll. If you would like to provide fuller consultation and legal assistance in connection with the procurement, please feel free to contact our law firm who is familiar with this area many years of experience. Překladač Google pro firmy:Translator ToolkitPřekladač webových stránekNástroj pro hledání nových trhů