This article is focused on the basic characteristic of new types of public procurement procedure according to the new Act No. 134/2016 Coll., on public procurement, effective as of 1st October 2016.
BASIC CHARACTERISTIC OF TYPES OF PUBLIC PROCUREMENT PROCEDURE
- Open procedure
It is a single-phase procedure, in which any interested bidder may submit a tender offer in response to a call for competition. The tender offer shall be accompanied by the information for qualitative selection that is requested by the contracting authority. The tender offer must be submitted in the set time limit. It is not allowed to negotiate about the submitted tenders. This type of procedure may be used in every case of a public procurement (except of the area of defence and security).
- Restricted procedure
This type of procedure has two phases. Initially, any bidder may submit a request to participate in response to a call for competition. The request shall contain the information for qualitative selection that is requested by the procurement authority. After the assessment of the fulfillment of the required qualification, the selected bidders are invited by the procurement authority to submit the tender offer. It is not possible to negotiate about the submitted tender offers. This type of procedure may be used without any restriction.
- Negotiated procedure with publication
Also this type of procedure is divided into two phases (a call for submission of the request to participate + a call for submission of a tender offer). The procurement authority negotiates with participants in order to achieve the most suitable conditions of the offer. This type of procedure may be used only under the fulfillment of conditions laid down in Section 60 (e.g. the needs of the procurement authority cannot be met without adaptation of readily available solutions, the needs include design or innovative solutions, the contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, the complexity or the legal and financial make-up; prior open procedure or prior restricted procedure were cancelled).
- Negotiated procedure without publication
This type of procedure may be used only under the fulfillment of conditions laid down in Sections 63 – 67 of the Public Procurement Act (e.g. in prior open procedure or in prior restricted procedure no tender offer or no suitable tender offers have been submitted, provided that the initial conditions of the contract are not substantially altered; the works, supplies or services can be supplied only by a particular economic operator because the aim of the procurement is a creation or an acquisition of a unique work of art or artistic performance; or competition is absent for technical reasons). The procurement authority is obliged to justify the reasons for this type of procedure. The procurement authority calls on only one certain bidder or a restricted number of parties to negotiate. After the negotiations, the invited bidders submit their tender offers. It is considered as the less formalized procurement procedure.
- Competitive dialogue
This is a three- phases procedure, which may be used under the conditions stated in Section 60 (see above).
During its first phase, any party may submit a request to participate in the response to a contract notice by providing the information for qualitative selection that is requested by the procurement authority. In the second phase, the procurement authority negotiates the most suitable solution with selected participants. After finding the most suitable solution, the procurement authority calls for the submission of tender offers (the third phase). This type of procedure will be used when the procurement authority knows its needs and aims, but is no able to find the most suitable solution by its self (e.g. in cases of large investment projects).
- Innovation partnership
It is a new type of procurement procedure used in cases, when there is the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market. The estimated value of such tender shall not be disproportionate in relation to the investment required for their development.
- Simplified subthreshold procedure
The procurement authority shall open this procedure by publishing its call for submission of tenders on its website, where any bidder may submit a tender in response to this call. After publishing the call, the procurement authority may also send the call directly to certain bidders (at least to five subjects). In this procedure it is possible to award all subthreshold public procurements except subthreshold public contracts for building works with the estimated value of such works exceeding CZK 50 million.
- Concession License procedure
Within the new concession license procedure, the procurement authority is entitled to set the actual procedure parameters. Any party may submit its request to participate together with its preliminary offer or its tender offer in response to the call for competition. The type of submission depends on the method, how the procurement authority had set the conditions for the license procedure (i.e. if the procedure will have only one or more phases; or if the procurement authority will negotiate with the participants during the procedure or not). In the procedure opening notice, the procurement authority shall describe the license and provide the conditions for participation and the assessment criteria.