ÚOHS připravuje změny v přezkumu veřejných zakázek

At the end of March 2026, the Czech Antimonopoly Office (ÚOHS) submitted a draft amendment to competition law regulations, including the Public Procurement Act, for inter-ministerial comment. The primary goal is to speed up the review of public procurement, increase the stability of procurement procedures, and limit situations where projects are delayed by repeated appeals without a realistic chance of success. The proposal is based on long-term practical experience, where reviews often represent a significant time and administrative burden.

One key change is the adjustment of the system of deposits when filing a proposal and subsequent appeal. The deposit will now be split into two parts – most of it paid upon filing the proposal, and the remainder upon filing the appeal. The purpose is to limit the practice of automatically filing appeals solely to delay the finality of decisions. Additionally, the deposit will be forfeited to the state if the participant withdraws from the procurement procedure shortly after filing the appeal, to prevent circumvention of the rules.

The amendment also aims to speed up second-instance decisions. Appeals will need to be specifically justified at the time of filing, which should reduce blanket appeals. The ÚOHS Chairperson will have the authority to make final decisions in ongoing procurement cases without sending the matter back to the first instance. This should significantly reduce repeated annulments of decisions and prolongation of proceedings.

Significant attention is also given to the digitization of communication and processes. The amendment responds to the launch of the ÚOHS self-service portal, which allows electronic submission of proposals, objections, and other filings via interactive forms. The portal is accessible to both natural and legal persons and is secured by authentication through the National Point for Identification and Authentication. Users gain an overview of all ÚOHS electronic services and can use a wide range of forms for typical administrative situations, including submitting documentation related to public procurement. The portal also serves as a central hub for all ÚOHS digital tools, including remote file inspection.

The changes also address crisis situations, such as natural disasters, allowing faster contract conclusion without blocking deadlines and with limited formal obligations. Other novelties concern framework agreements, expansion of the scope of objections, and the introduction of a court fee of CZK 50,000 for administrative lawsuits. Overall, the proposal aims for greater speed, predictability, and efficiency in public procurement review, which should bring more practical functioning of the system for both contracting authorities and suppliers.

Authors:
Jan Turek
Matěj Šimpach