In order to submit a proposal to the Czech NCA a statement of objections is submitted to the contracting authority, which must be delivered within 15 days of the date on which the complainant became aware of an alleged violation of the law by the contracting authority or, at the latest, until the conclusion of the contract or until the application is deemed to have been terminated.
Objections to the acts to be notified to the complainant in the documents which the contracting authority is obliged to publish or send to the complainant shall reach the contracting authority within 15 days of their publication or delivery to the complainant.
Where a time limit for the submission of requests to participate is provided in a procurement procedure, objections must be delivered to the contracting authority by the end of that period at the latest, in respect of the conditions relating to the contractor’s qualification.
Where a time limit for the submission of tenders is established in a procurement procedure, objections to the procurement documents must be communicated to the contracting authority by the end of that period at the latest, in the case of negotiated procedure with publication of the tender, the tender documents must be opposed to the contracting authority by the end of the period for submission of the indicative tenders at the latest.
Objections to a voluntary notification of the intention to conclude a contract pursuant to Section 212 (2) of the Act must be notified to the contracting authority within 30 days of the date of publication of this notice.
The sponsor shall reply to the objections within 15 days. It is necessary to submit the proposal to the Office for the Protection of Competition and the contracting authority within 10 days from the date on which the decision of the complainant’s refusal to do so has been received, or within 25 days following the dispatch of the opposition, unless a statement of objections has been adopted by the contracting authority.
After the conclusion of a contract or a framework agreement, only a proposal to impose a contract ban, even in the absence of a prior statement of objections, may be submitted. A proposal to impose a contract prohibition shall be notified by the applicant to the ÚOHS and, in a copy, to the contracting authority within 1 months of the date on which the contracting authority published a contract notice in accordance with Section 212 (2) of the Act, stating the reason for the award of the contract without publication of a contract notice, a prior notice or a call for tender in the simplified threshold procedure but no later than 6 months after the conclusion of the contract. A proposal to impose a contract prohibition pursuant to Section 254 (1) (d) of the Act shall be submitted to the applicant by the NCA and to the contracting authority within 1 months from the date on which the contracting authority published a contract notice pursuant to a framework agreement pursuant to Section 137 of the Act or notice of the conclusion of a contract in a dynamic purchasing system pursuant to Section 142 of the Act, but no later than 6 months after the conclusion of the contract.
By the deadline for the receipt of the proposal, the applicant is obliged to lodge on the Czech NCA a deposit amounting to 1 % of the tender price of the claimant for the entire period of performance of the contract or for the first four years of execution in the case of permanent contracts, but not less than CZK 50 000, to a maximum of CZK 10 000 000. In the event that the claimant cannot establish the overall offer price, the claimant is obliged to deposit a deposit of CZK 100 000. In the case of an application to impose a ban on performance, the applicant is obliged to deposit a deposit of CZK 200 000. Where it concerns the examination procedure for the award of concession contracts, the applicant is obliged to lodge on the Czech NCA account a deposit of 1 % of the estimated value of the concession published in the Official Journal of the Public Procurement or on the contracting authority’s profile, but not less than CZK 50 000 in the deadline for delivery of the proposal. In the event that the contracting authority fails to publish in the public procurement journal or in the contracting authority’s profile, the applicant is obliged to deposit a deposit of CZK 100 000. In the case of a proposal to impose a ban on the performance of a concession contract, the claimant is obliged to pay a deposit of CZK 200 000.