A condition for submitting an application to the ÚOHS is the submission of objections to the contracting authority, which must be notified within 15 days of the day on which the complainant became aware of the alleged infringement of the Act by the contracting entity and, at the latest, until the conclusion of the contract or when the contest for the proposal is deemed to have been closed after the proposal has been selected.
Objections to acts notified in documents which the contracting authority is required by law to publish or send to the complainant must be served on the contracting authority within 15 days of their publication or service to the complainant.
Where a tendering procedure sets a time limit for the submission of requests to participate, objections to the conditions relating to the qualification of the supplier shall be delivered to the contracting authority by the end of that period at the latest.
Where a time limit for the submission of tenders is laid down in a procurement procedure, objections to the procurement documents must be received by the contracting authority at the latest by the end of that period; in the case of a negotiated procedure with publication, objections to the specifications must be received by the contracting authority no later than the closing date for the submission of indicative tenders.
Objections to the voluntary notification of the intention to conclude a contract pursuant to Section 212(2) of the Act must be served on the contracting authority within 30 days of the publication of the notice.
The contracting authority shall deal with the objections within 15 days. The proposal must be notified to both the ÚOHS and the contracting authority within 10 days of the date on which the complainant received the decision by which the latter rejected the objections or, if the latter did not take a decision on the objections, within 25 days of sending the objections.
After the conclusion of a specific contract or framework agreement, only an application for an order prohibiting performance of the contract may be made, even without any prior objection being lodged. The applicant shall notify the ÚOHS and a copy of the contract to the contracting authority within one month of the date on which the contracting authority published the notice of conclusion of the contract in accordance with Section 212(2) of the Act, indicating the reason for the award of the public contract without publication of a contract notice, prior notice or invitation to submit tenders in the simplified below-threshold procedure, and in any event within six months of the conclusion of the contract. An application for an order prohibiting the performance of a contract pursuant to Section 254(1)(d) of the Act shall be notified by the applicant to the ÚOHS and, by means of a copy, to the contracting authority within one month of the date on which the contracting entity published a notice of the conclusion of the contract on the basis of a framework agreement pursuant to Section 137 of the Act or a 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.
Within the time limit for receipt of the proposal, the applicant is required to deposit a security of 1 % of the applicant’s tender price for the entire period of performance of the public contract or for the first four years of performance in the case of contracts of indefinite duration, but not less than CZK 50 000, up to a maximum of CZK 10 000 000, into the ÚOHS account. If the applicant is not in a position to determine the total offer price, he is obliged to deposit a security of CZK 100 000. In the case of an application for an order prohibiting performance of the contract, the applicant is obliged to deposit a security of CZK 200 000. As regards the procedure for reviewing the procedure for the award of concessions, the applicant is obliged to deposit a security of 1 % of the estimated value of the concession published in the Public Procurement Bulletin or on the profile of the contracting authority, but not less than CZK 50 000, up to a maximum of CZK 10 000 000, within the time limit for receipt of the proposal. If the contracting authority does not publish the estimated value of the concession in the Public Procurement Bulletin or on the profile of the contractor, the applicant is obliged to deposit a security of CZK 100 000. In the case of a proposal to prohibit the performance of a concession contract, the applicant is obliged to deposit a security of CZK 200 000.