Public Procurement

Public Procurement This dissertation focuses on certain aspects and institutes of the Czech Public Procurement Act (No. 134/2016 Sb.) adopted in 2016. These aspects and institutes represent manifestation of one of the most important conceptual changes brought by the Act compared to the previous legislation - strengthening of the principle of the autonomy of the contracting authority during the procurement procedure. The autonomy of will of the contracting authority, which is strengthened in the Act at the cost of greater responsibility of the contracting authority, is the most evident in the form of an institute aimed at eliminating almost any deficiencies in tenderers' bids (see Section 46 of the Act), but it has its limits. Furthermore, the grounds for the exclusion of tenderers (see Section 48 of the Act) are mostly defined as an option and not as an obligation of the contracting authority. At the same time, the new legislation also introduces completely new grounds for the exclusion - the so-called unsuitability of the tenderer, which may be based, inter alia, on the reasonable suspicion of the contracting authority that the tenderer is participating in a prohibited anti-competitive agreement. These new elements of the autonomy of the contracting authority naturally bring their own problems,..