Vláda schválila minimální standardy odpovědného veřejného zadávání

In mid-October, the government approved recommendations for minimum standards for responsible public procurement, intended to serve as a guide for contracting authorities to enhance the quality of requested deliverables while ensuring compliance with the principles of socially and environmentally responsible procurement and innovation in accordance with the Public Procurement Act. These standards aim to replace the previously limited decision-making practices of the Office for the Protection of Competition and administrative courts in the area of implementing these principles.

The standards were developed in collaboration with experts, contracting authorities, and suppliers, focusing on key areas: the supply of office paper, food, catering services, physical security services, cleaning services, and construction industry. In these areas, they should establish at least minimum requirements that contracting authorities should include in their procurement documentation.

Specific measures include, for example, the requirement for the supply of office paper with the EU Ecolabel, the establishment of a share of organic food in food supplies, the exclusion of eggs from cage farming, the preference for Fairtrade-certified products, and the demand for seasonal fruits and vegetables. For public contracts related to construction industry, it is proposed to ensure decent working conditions in relation to compliance with labor regulations and to support the cash flow of the subcontracting chain. In public contracts for cleaning services, it is proposed to ensure decent working conditions, guarantee a certain wage for cleaning workers, establish a reserved change of obligation allowing for a wage "inflation" clause, or require the use of certified cleaning agents.

For public contracts for physical security services in administrative buildings, a physical fitness test is newly proposed, although its specific benefits in terms of social responsibility, environmental responsibility, or innovation remain debatable.

The minimum standards aim to ensure at least a basic level of adherence to the principles of responsible procurement, with their specific application always depending on the contracting authority and the context of the specific contract, as well as the necessity to comply with the fundamental principles of public procurement. However, it is expected that contracting authorities will be motivated to utilize additional, more extensive measures beyond these minimum standards.

Authors:

Jan Turek

Jonáš Kozák

Matěj Šimpach