Procuring Infrastructure Public-Private Partnerships

The former general legal Act on Public Procurement was superseded by Act No. 134/2016 Coll., as amended (the Public Procurement Act), which came into effect on October 1st 2016. The PPA transposes the EU Directives on Public Procurement 2014/23/EU; 2014/24/EU; 2014/25/EU into the Czech law. More specifically, upon the implementation of this law Act No. 137/2006 Coll., on Public Contracts and Act 139/2006 "Coll., on Concession Award Procedure and Concession Contract (the Concession Act)" was repealed.

Furthermore, several documents, including a model contract, a PPP Manual, and a PPP Risk methdology were developed in 2006 based on the, now obsolete regulatory framework (Act No. 137/2006 and Act No. 139/2006) . According to our contributors, thsoe documents have not yet been repealed and theoretically could be employed (at this point in time) while preparing PPP projects. As such, our analysis is based on Act. 134/2016 (as ammended) and the currently available documents (PPP Manual, PPP Draft Contract and PPP Risk Methodology).

Public Procurement Act: https://www.portal-vz.cz/cs/Jak-na-zadavani-verejnych-zakazek/Legislativa-a-Judikatura/Legislativa/Zakon-o-zadavani-verejnych-zakazek-a-jeho-provadeci-predpisy/Uplne-aktualni-zneni-zakona-o-zadavani-verejnych-zakazek

The former general legal Act on Public Procurement was superseded by the PPA, which came into effect on October 1st 2016. The PPA transposes the EU Directives on Public Procurement 2014/23/EU; 2014/24/EU; 2014/25/EU into the Czech law. Furthermore, the adoption of the Act 89/2012 Coll., Civil Code, (hereinafter the "Civil Code"), which came into effect on January 1st 2014, replaced the previously applicable Civil Code of 1964 and it also provides a general framework applicable to procurement contracts.

There are no special PPP procuring authorities. Thus, the standard procuring authorities (state, municipalities, and their organisational units etc.) can be regarded as PPP procuring authorities. http://www.isvz.cz/ISVZ/Podpora/ISVZ.aspx (Information System on Public Contracts) The Information System on Public Contracts contains profiles (webpages) of procuring authorities.

Pursuant to Section 186 of the Public Procurement Act:
(1) In the case of concessions, the contracting authority referred to in Section 4 (1) d) or e) shall apply for a prior opinion of the Ministry of Finance to conclude a contract with the legal person where a territorial self-government unit founded or
established such legal person or the legal person is funded mainly thereby or the self-government unit exercises decisive influence over the legal person, appoints or elects more than half of the members of its governing or controlling body, or to
supplement any of those contracts. Where suggested supplements involve the amount of applicant’s financial obligations, it shall be applied for an opinion on supplements to the contract.
(2) Application for the opinion referred to in subsection (1) shall contain general elements of a filing pursuant to the Code of Administrative Procedure, selected data from the contract or their modification, justification pursuant to Section 179 (3), economic analysis of impacts of conclusion of the contract or supplement to the contract on the economic standing of the contracting authority, including data on the state of indebtedness of the contracting authority, which are necessary to assess its ability to perform obligations arising from the contract; elements of an application’s content shall be laid down by the regulation of the Ministry of Finance. When assessing the application, the Ministry of Finance shall not consider any other facts than those which are pursuant to subsection (5) decisive factors for assessment of the application.
(3) The application for opinion on conclusion of the contract or its supplement shall be filed by a territorial selfgovernment unit on behalf of both itself and other contracting authorities referred to in subsection (1).
(4) Where the application is not complete the Ministry of Finance shall request its completion and shall set a reasonable time limit for such completion.
(5) The Ministry of Finance shall assess the application with regard to possible impacts of acceptance of obligations arising from the contract and their influence on the economic standing of the contracting authority referred to in subsection (1) or on international obligations of the Czech Republic.
(6) Where the Ministry of Finance does not give its opinion within two months from the receipt of the complete application, it shall be conclusively presumed, that it does not have any objections against conclusion of the contract or
supplement to the contract.

Pursuant to Section 186 of the Public Procurement Act:
(1) In the case of concessions, the contracting authority referred to in Section 4 (1) d) or e) shall apply for a prior opinion of the Ministry of Finance to conclude a contract with the legal person where a territorial self-government unit founded or
established such legal person or the legal person is funded mainly thereby or the self-government unit exercises decisive influence over the legal person, appoints or elects more than half of the members of its governing or controlling body, or to
supplement any of those contracts. Where suggested supplements involve the amount of applicant’s financial obligations, it shall be applied for an opinion on supplements to the contract.
(2) Application for the opinion referred to in subsection (1) shall contain general elements of a filing pursuant to the Code of Administrative Procedure, selected data from the contract or their modification, justification pursuant to Section 179 (3), economic analysis of impacts of conclusion of the contract or supplement to the contract on the economic standing of the contracting authority, including data on the state of indebtedness of the contracting authority, which are necessary to assess its ability to perform obligations arising from the contract; elements of an application’s content shall be laid down by the regulation of the Ministry of Finance. When assessing the application, the Ministry of Finance shall not consider any other facts than those which are pursuant to subsection (5) decisive factors for assessment of the application.
(3) The application for opinion on conclusion of the contract or its supplement shall be filed by a territorial selfgovernment unit on behalf of both itself and other contracting authorities referred to in subsection (1).
(4) Where the application is not complete the Ministry of Finance shall request its completion and shall set a reasonable time limit for such completion.
(5) The Ministry of Finance shall assess the application with regard to possible impacts of acceptance of obligations arising from the contract and their influence on the economic standing of the contracting authority referred to in subsection (1) or on international obligations of the Czech Republic.
(6) Where the Ministry of Finance does not give its opinion within two months from the receipt of the complete application, it shall be conclusively presumed, that it does not have any objections against conclusion of the contract or
supplement to the contract.

The PPP Manual states the following: 4.3 Classification of liabilities from concession contracts (public debt) Public debt, Maastricht criteria The Czech Republic is obliged to fulfill the Maastricht convergence criteria. I.e, among other things, that the total public debt must not exceed 60% of GDP and the total deficit public budgets in individual years may not exceed 3% of GDP. Public debt and deficit while public budgets are measured jointly for state and local governments. Liabilities authorities of concession agreements may be reflected in public debt and deficit in public budgets in two ways: ● regardless of whether the total liabilities of concession contracts qualify as public debt or not (see below), the payment of ministerial authority in each year of the budget expenditure, and can thus increase any such deficit budget; ● although the acquisition of infrastructure in PPP transactions financed by own capital and concessionary loans drawn by the concessionaire (ie. not sponsor formally borrower on the loan for the financing of infrastructure), the structure zadavatelových obligations under the concession contract is very similar to a situation in which authority have been if the acquisition of the infrastructure itself has drawn credit; therefore, if risk transfer to the concessionaire implemented concession contract does not justify different classification zadavatelových commitments (see below), it is necessary for the future the authority's obligations under the concession contract to be seen as debt repayments and total 6 enters at the beginning of the concession contract to the Czech public debtRepublic.

Pursuant to Article 18a of the Act No. 13/1997 Coll., on Terrestrial Roads, as amended (the Roads Act), before a PPP contract is entered into, it must be approved by the government and the lower chamber of the parliament needs to approve the financial obligations of the procuring authority under the PPP contract.

The PPP Risk Methodology, which can be found at "http://www.mfcr.cz/cs/legislativa/metodiky/2011/metodika--rizeni-rizik-v-projektech-ppp-9542", contains detailed steps for assesing the risk of the project.

The PPP Risk Methodology document contains steps for adequately calculating and assigning the risk, as well as managing the risk, throghout the implementation of the PPP project.

Pursuant to Section 33 of the Public Procurement Act, The contracting authority may conduct market consultations with experts or economic operators with a view to preparing procurement documents and informing economic operators of its plans and requirements, provided that it does not distort competition; provisions of Section 211 (1) apply by analogy.

Pursuant to Section 96 (1) of the Public Procurement Act The contracting authority shall publish the procurement documents, with the exception of forms pursuant to Section 212 and invitations specified in Annex No. 6 to this Act, on the contracting authority profile from the date of publication of the contract notice or from the sending of the invitation to submit requests to participate pursuant to Section 58 (5) at least until the expiry of the time limit for the submission of tenders; this does not apply to negotiated procedure without prior publication.

The model PPP contract (hereinafter "the PPP Model Contract") was prepared by the PPP Centrum (see also the answer to the question 7.) under the now obsolent legal framework for PPPs/previous Civil Code in 2006. https://www.portal-vz.cz/getmedia/192ab250-e373-4f0f-a6cf-f5118f7ca348/zorova_koncesni_smlouva

Pursuant to Section 42 (2) of Public Procurement Act, In respect of public contracts with an estimated value exceeding CZK 300,000,000, the procuring authority shall ensure that the evaluation of tenders is carried out by a committee having at least 5 members, with a majority of them possessing relevant professional qualifications related to the subject-matter of the public contract.

Pursuant to section 96 of the Public Procurement Act:
(1) The contracting authority shall publish the procurement documents, with the exception of forms pursuant to Section 212 and invitations specified in Annex No. 6 to this Act, on the contracting authority profile from the date of publication of the contract notice or from the sending of the invitation to submit requests to participate pursuant to Section 58 (5) at least until the expiry of the time limit for the submission of tenders; this does not apply to negotiated procedure without prior publication.
(2) Where some part of the procurement documents cannot be made available pursuant to subsection (1), on grounds defined in Section 211 (8) a), b), c) and d) or in the case of procedure pursuant to Section 36 (8), the contracting authority may
make the relevant part of the procurement documents available by other appropriate means. In that case, the contracting authority shall send or transmit the relevant part of the procurement documents not later than three working days from the receipt of the economic operator's request for its provision. The provision of the relevant part of procurement documents may only be conditioned by reimbursement of costs pursuant to subsection (4) or, in the case of procedure pursuant to Section 36 (8), by an adoption of appropriate measures to protect the confidential nature of information.
(3) In the contract notice or invitation specified in Annex No. 6 to this Act, the contracting authority shall indicate the internet address of the contracting authority profile on which the procurement documents are available. Where any part of the
procurement documents is provided under subsection (2), the contract notice or the invitation specified in Annex No. 6 to this Act shall include information on the means and conditions of providing the relevant part of procurement documents.
(4) A reimbursement of the costs of provision of the relevant part of the procurement documents may only be required
up to the amount of usual costs of its reproduction and postage and packaging charges.

Pursuant to Book 8 (on Concessions), Section 181 (1) of the Public Procurement Act, The time limit for the submission of tenders, indicative tenders or requests to participate, where they are requested in the contract notice, shall not be less than 25 days from the commencement of the concession award procedure.

Pursuant to Section 55 of the Public Procurement Act: Where awarding a public contract in the above-threshold regime, the contracting authority may apply an open procedure or a restricted procedure as well as, provided that the conditions stipulated below are fulfilled, a negotiated procedure with prior publication, a negotiated procedure without prior publication, a competitive dialogue procedure or an innovative partnership procedure.

Section 58 of the Public Procurement Act:
(1) The contracting authority shall commence the restricted procedure by sending a contract notice for publication in the manner specified in Section 212, by means of which it invites an unlimited number of economic operators to submit requests to participate.
(2) The contracting authority defined in Section 4 (1) c) d) e) may also commence the restricted procedure by sending a prior information notice under Section 34 for publication in the manner specified in Section 212 provided that it invites economic operators to express preliminary interest. In this case, by sending the prior information notice the contracting authority fulfils the duties for which this Act otherwise requires sending a contract notice.
(3) After the expiry of the time limit for the submission of requests to participate, the contracting authority shall assess the qualifications of participants, exclude from the procurement procedure those participants who have not demonstrated that they meet the qualification requirements, and invite the non-excluded participants to submit tenders. The invitation to tender shall contain the elements defined in Annex No. 6 to this Act.
(4) A tender may only be submitted by a participant who has been invited to submit a tender. The invited participants may not submit a joint tender. The contracting authority shall not negotiate the submitted tenders with the participants.
(5) If the restricted procedure is commenced by the sending of a prior information notice, economic operators may express their preliminary interest in any form. The contracting authority shall invite in writing all participants who have expressed
preliminary interest to submit requests to participate. The invitation to submit requests to participate shall contain the elements defined in Annex No. 6 to this Act. The contracting authority shall send the invitation to submit requests to participate not sooner
than 35 days from sending the prior information notice for publication and not later than 12 months after sending the prior information notice for publication.

Pursuant to Section 68(1) of the Public Procurement Act: The contracting authority is entitled to apply a competitive dialogue procedure provided that conditions stipulated in Section 60 are met.

Pursuant to Section 36 (2) of the Public Procurement Act, the contracting authority shall specify the award criteria in the procurement documents or communicate them to participants during the negotiations.

Pursuant to Article 165 of the Public Procurement Act:
(1) For the purposes of the award of utilities public contracts, the contracting authority may establish a qualification system, into which the contracting authority admits qualified economic operators. The contracting authority may divide the qualification system into categories that are objectively defined on the basis of the subject-matter of public contracts or on the basis of their territorial scope. The contracting authority shall keep a list of economic operators admitted to the qualification system.
(2) The contracting authority shall send a notice on the existence of a qualification system for publication pursuant to Section 212. In the notice on the existence of a qualification system, the contracting authority shall indicate its purpose, how to have access to the rules concerning its operation and the period of validity of this system. Where the period of validity of the qualification system is changed or the system is terminated the contracting authority shall send a notification in the manner specified in Section 212.
(3) Contracting authority which establishes or operates a qualification system shall ensure that economic operators are at all times able to request qualification.
(4) The qualification system may involve different qualification stages.
(5) The contracting authority is entitled to use another contracting authority’s qualification system, with its consent.
(6) The contracting authority is entitled to send an invitation to tender in a restricted procedure or indicative tenders in a negotiated procedure with prior publication to all economic operators admitted to the qualification system by means of the qualification system.

Furthermore Pursuant to Section 58 of the Public Procurement Act:
(1) The contracting authority shall commence the restricted procedure by sending a contract notice for publication in the manner specified in Section 212, by means of which it invites an unlimited number of economic operators to submit requests to participate.
(2) The contracting authority defined in Section 4 (1) c) d) e) may also commence the restricted procedure by sending a prior information notice under Section 34 for publication in the manner specified in Section 212 provided that it invites economic operators to express preliminary interest. In this case, by sending the prior information notice the contracting authority fulfils the duties for which this Act otherwise requires sending a contract notice.
(3) After the expiry of the time limit for the submission of requests to participate, the contracting authority shall assess the qualifications of participants, exclude from the procurement procedure those participants who have not demonstrated that they meet the qualification requirements, and invite the non-excluded participants to submit tenders. The invitation to tender shall contain the elements defined in Annex No. 6 to this Act.
(4) A tender may only be submitted by a participant who has been invited to submit a tender. The invited participants may not submit a joint tender. The contracting authority shall not negotiate the submitted tenders with the participants.
(5) If the restricted procedure is commenced by the sending of a prior information notice, economic operators may express their preliminary interest in any form. The contracting authority shall invite in writing all participants who have expressed
preliminary interest to submit requests to participate. The invitation to submit requests to participate shall contain the elements defined in Annex No. 6 to this Act. The contracting authority shall send the invitation to submit requests to participate not sooner
than 35 days from sending the prior information notice for publication and not later than 12 months after sending the prior information notice for publication.

Pursuant to Section 98 (1) of the Public Procurement Act:
(1) The contracting authority may explain the procurement documents provided that it publishes such explanation or, where applicable, related documents on the contracting authority profile
a) not less than five working days before the expiry of the time limit for the submission of requests to participate, indicative tenders or tenders, or
b) not less than four working days before the expiry of the time limit for the submission of requests to participate, indicative tenders or tenders in cases where the time limit for the submission of tenders is shortened pursuant to Section 57 (2) b) or Section 59 (5) .

Pursuant to Section 98 (3) of the Public Procurement Act, If an explanation of the procurement documents is requested in writing by the economic operator, the contracting authority shall publish, send or transmit the explanation including the accurate wording of the request without identifying the respective economic operator. The contracting authority is not obliged to provide an explanation if the request for explanation is not delivered in time, which means not less then three working days before the expiry of the time limits defined in subsection (1). If the contracting authority provides an explanation upon a request that has not been delivered in time, it is not obliged to observe the time limits under subsection (1).

Pursuant to Section 33 of the Public Procurement Act The contracting authority may conduct market consultations with experts or economic operators with a view to preparing procurement documents and informing economic operators of its plans and requirements, provided that it does not distort competition; provisions of Section 211 (1) apply by analogy.

Pursuant to Article 36 (4) of the Public Procurement Act:
(4) Where any part of the procurement documents has been drafted by a person other than the contracting authority, with the exception of an attorney-at-law or a tax adviser, the contracting authority shall mark this part, along with identifying the person who drafted it. Provided that the procurement documents contain information that has resulted from a preliminary market consultation, the contracting authority shall mark such information in the procurement documents, identify the persons who have taken part in the preliminary market consultation and provide all essential information that was the subject of the preliminary market consultation.

This is expressly allowed by the new legal framework (since 2016) and authorities are just beginning to exercise the option. Hence, there is a little experience with this procedure.

Pursuant to Section 119 (1) of the Public Procurement Act, the procuring authority shall evaluate the tenders on the basis of the tender evaluation rules defined in the procurement documents.

Pursuant to Article 122 (2) of the Public Procurement Act: where there is only one participant in the procurement procedure, it may be selected by the contracting authority without evaluation.

Pursuant to Section 185 of the Public Procurement Act, The contracting authority shall send the concession award notice for publication in the manner described in Section 212 within 48 days from the conclusion of the contract.

Pursuant to Article 123 of the Public Procurement Act:
The contracting authority shall send a notice of the selection of the economic operator to all participants without undue delay after making the decision on the selection of the economic operator. With the exception of a negotiated procedure with prior publication and a procurement procedure in which only one participant is taking part, such notice shall include
a) a report on the evaluation of tenders where tenders have been evaluated,
b) the outcome of the assessment of fulfilment of the conditions for participation in respect of the selected economic operator, which shall include
1. a list of documents that the selected economic operator used to prove its qualification, and
2. the data decisive to prove the fulfilment of respective qualification criteria with regard to the requested professional qualification under Section 77 (2), economic qualification and technical qualification,
3. a list of documents or samples the submission of which is a condition for the conclusion of the contract where the contracting authority has reserved the right to do so pursuant to Section 104 (1) a),
4. the outcome of tests of the samples provided that the contracting authority has reserved the right to do so pursuant to Section 104 (1) b).

Pursuant to Article 123 of the Public Procurement Act:
The contracting authority shall send a notice of the selection of the economic operator to all participants without undue delay after making the decision on the selection of the economic operator. With the exception of a negotiated procedure with prior publication and a procurement procedure in which only one participant is taking part, such notice shall include
a) a report on the evaluation of tenders where tenders have been evaluated,
b) the outcome of the assessment of fulfilment of the conditions for participation in respect of the selected economic operator, which shall include
1. a list of documents that the selected economic operator used to prove its qualification, and
2. the data decisive to prove the fulfilment of respective qualification criteria with regard to the requested professional qualification under Section 77 (2), economic qualification and technical qualification,
3. a list of documents or samples the submission of which is a condition for the conclusion of the contract where the contracting authority has reserved the right to do so pursuant to Section 104 (1) a),
4. the outcome of tests of the samples provided that the contracting authority has reserved the right to do so pursuant to Section 104 (1) b).

Pursuant to Section 242 of the Public Procurement Act:
(1) Unless otherwise stipulated below, objections shall be delivered to the contracting authority within 15 days from the date on which the complainant learned of the alleged infringement of this Act by the contracting authority; the objections shall not be submitted after the conclusion of a contract or after a design contest is considered to be terminated following the selection of a design.

Article 46 of the Directive referring to the Directive 89/665/EEC that regulates review procedures for public contracts and that is made expressly applicable by the Concessions directive. Based on this Directive the award notice will include reference to the standstill period (article 2.a of the mentioned Directive 89/665/EEC).

Pursuant to Section 124 (4) of the Public Procurement Act (conclusion of contract for above threshold): The contracting authority shall conclude the contract in accordance with the tender submitted by the selected economic operator or, where applicable, with a tender modified in compliance with Section 69 (8). Where section 69 (8) of the Public Procurement Act states that the procuring authority may conduct negotiations with a selected economic operator with the aim to have its tender confirmed and contractual conditions specified provided that this will not lead to a change of the basic parameters of the tender or of the award criteria and that these changes would not endanger competition or have discriminatory effects.

Pursuant to Article 219 (1) of the Public Procurement Act, the contracting authority shall publish, on the contracting authority profile, the public contract including all supplements and amendments thereto within 15 days from their conclusion or from the end of each quarter with regard to public contracts awarded on the basis of a framework agreement or under a dynamic purchasing system.

Pursuant to Article 219 (1) of the Public Procurement Act, the contracting authority shall publish, on the contracting authority profile, the public contract including all supplements and amendments thereto within 15 days from their conclusion or from the end of each quarter with regard to public contracts awarded on the basis of a framework agreement or under a dynamic purchasing system.

According to Section 15.3 of the PPP Manual: PPP principle is that the licensee itself monitors the provision of services. The contracting authority is, however, also the right to monitor the provision of services, at their own expense. Given the potential for abuse monitoring authority model concession agreement contains a provision according to which licensee who intentionally conceal shortcomings identified by monitoring, particularly penalized and increase the monitoring requirements at the expense of the concessionaire. Again note that the PPP Manual was created based on the previous procurement and concession laws (which have now been repealed)

Pursuant to Section 219 (3) of the Public Procurement Act, the contracting authority shall publish, on the contracting authority profile, not later than within three months from the completion of the contract, the actually paid price for the performance of the contract, which is subject to the duty of publication as specified in subsection (1). With respect to a contract whose term exceeds one year, the contracting authority shall publish the price for its performance in the previous calendar year not later than on 31 March of the following calendar year.

http://www.isvz.cz/ISVZ/Podpora/ISVZ.aspx (Information System on Public Contracts) The Information System on Public Contracts contains profiles of procuring authorities.

According to Section 15.3 of the PPP Manual: PPP principle is that the licensee itself monitors the provision of services. The contracting authority is, however, also the right to monitor the provision of services, at their own expense. Given the potential for abuse monitoring authority model concession agreement contains a provision according to which licensee who intentionally conceal shortcomings identified by monitoring, particularly penalized and increase the monitoring requirements at the expense of the concessionaire. Again note that the PPP Manual was created based on the previous procurement and concession laws (which have now been repealed)

According to Section 15.3 of the PPP Manual: PPP principle is that the licensee itself monitors the provision of services. The contracting authority is, however, also the right to monitor the provision of services, at their own expense. Given the potential for abuse monitoring authority model concession agreement contains a provision according to which licensee who intentionally conceal shortcomings identified by monitoring, particularly penalized and increase the monitoring requirements at the expense of the concessionaire. Again note that the PPP Manual was created based on the previous procurement and concession laws (which have now been repealed)

Pursuant to Section 222 of the Public Procurement Act
(1) Unless otherwise stipulated below, the contracting authority shall not allow a substantial modification of the obligation arising from a public contract throughout its duration without conducting a new procurement procedure in accordance with this Act.
(2) The application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (1) shall not be considered a substantial modification.
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Pursuant to Section 222 of the Public Procurement Act
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Pursuant to Section 222 of the Public Procurement Act
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Pursuant to Section 222 of the Public Procurement Act
(1) Unless otherwise stipulated below, the contracting authority shall not allow a substantial modification of the obligation arising from a public contract throughout its duration without conducting a new procurement procedure in accordance with this Act.
(2) The application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (1) shall not be considered a substantial modification.
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Furthermore Pursuant to Article 100 of the Public Procurement Act:
(1) The contracting authority may reserve, in the procurement documents, a change in the obligation arising from the public contract or framework agreement provided that conditions for such a change and its content are defined clearly and that
the change will not alter the overall character of the public contract. Such a change may concern the scope of supplies, services or works, the price and other business conditions or technical specifications.
(2) The contracting authority may reserve, in the procurement documents, a change of the economic operator in the course of performance of the public contract provided that conditions for such a change and the manner of determining a new economic operator are defined clearly.
(3) The contracting authority may reserve, in the procurement documents, the possibility of applying a negotiated procedure without prior publication for the provision of new services or new works by a selected economic operator provided that
a) the conditions for the new services or new works are in accordance with the conditions for the application of a negotiated procedure without prior publication pursuant to Section 66,
b) the estimated value of the new services or new works does not exceed 30 % of the estimated value of the public contract, and
c) it indicates in the procurement documents the estimated length and scope of the new services or new works

Pursuant to Section 186 (1) of the Public Procurement Act: In the case of concessions, the contracting authority referred to in Section 4 (1) d) or e) shall apply for a prior opinion of the Ministry of Finance to conclude a contract with the legal person where a territorial self-government unit founded or established such legal person or the legal person is funded mainly thereby or the self-government unit exercises decisive influence over the legal person, appoints or elects more than half of the members of its governing or controlling body, or to supplement any of those contracts. Where suggested supplements involve the amount of applicant’s financial obligations, it shall be applied for an opinion on supplements to the contract.

Pursuant to Article 43 of the EU Directive:
1. Concessions may be modified without a new concession award procedure in accordance with this Directive in any of the following cases:
(a) where the modifications, irrespective of their monetary value, have been provided for in the initial concession documents in clear, precise and unequivocal review clauses, which may include value revision clauses, or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the concession;
(b) for additional works or services by the original concessionaire that have become necessary and that were not included in the initial concession where a change of concessionaire:
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial concession; and
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority or contracting entity.
However, in the case of concessions awarded by a contracting authority, for the purposes of pursuing an activity other than those referred to in Annex II, any increase in value shall not exceed 50 % of the value of the original concession. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;
(c) where all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority or contracting entity could not foresee;
(ii) the modification does not alter the overall nature of the concession;
(iii) in the case of concessions awarded by contracting authority, for the purposes of pursuing an activity other than those referred to in Annex II, any increase in value is not higher than 50 % of the value of the initial concession. Where several successive modifications are made, this limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;
(d) where a new concessionaire replaces the one to which the contracting authority or the contracting entity had initially awarded the concession as a consequence of either:
(i) an unequivocal review clause or option in conformity with point (a);
(ii) universal or partial succession into the position of the initial concessionaire, following corporate restructuring, including takeover, merger, acquisition or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive; or
(iii) in the event that the contracting authority or contracting entity itself assumes the main concessionaire’s obligations towards its subcontractors where this possibility is provided for under national legislation;
(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 4.
Contracting authorities or contracting entities having modified a concession in the cases set out under points (b) and (c) of this paragraph shall publish a notice to that effect in the Official Journal of the European Union. Such notice shall contain the information set out in Annex XI and shall be published in accordance with Article 33.
2. Furthermore, and without any need to verify whether the conditions set out under points (a) to (d) of paragraph 4 are met, concessions may equally be modified without a new concession award procedure in accordance with this Directive being necessary where the value of the modification is below both of the following values:
(i) the threshold set out in Article 8; and (ii) 10 % of the value of the initial concession.
However, the modification may not alter the overall nature of the concession. Where several successive modifications are made, the value shall be assessed on the basis of the net cumulative value of the successive modifications.
3. For the purpose of the calculation of the value referred to in paragraph 2 and points (b) and (c) of paragraph 1, the updated value shall be the reference value when the concession includes an indexation clause. If the concession does not include an indexation clause, the updated value shall be calculated taking into account the average inflation in the Member State of the contracting authority or of the contracting entity.
4. A modification of a concession during its term shall be considered to be substantial within the meaning of point (e) of paragraph 1, where it renders the concession materially different in character from the one initially concluded. In any event, without prejudice to paragraphs 1 and 2, a modification shall be considered to be substantial where one or more of the following conditions is met:
(a) the modification introduces conditions which, had they been part of the initial concession award procedure, would have allowed for the admission of applicants other than those initially selected or for the acceptance of a tender other than that originally accepted or would have attracted additional participants in the concession award procedure;
(b) the modification changes the economic balance of the concession in favour of the concessionaire in a manner which was not provided for in the initial concession;
(c) the modification extends the scope of the concession considerably;
(d) where a new concessionaire replaces the one to which the contracting authority or contracting entity had initially awarded the concession in other cases than those provided for under point (d) of paragraph 1.
5. A new concession award procedure in accordance with this Directive shall be required for other modifications of the provisions of a concession during its term than those provided for under paragraphs 1 and 2.

Pursuant to Section 186 of the Public Procurement Act:
1) In the case of concessions, the contracting authority referred to in Section 4 (1) d) or e) shall apply for a prior opinion of the Ministry of Finance to conclude a contract with the legal person where a territorial self-government unit founded or established such legal person or the legal person is funded mainly thereby or the self-government unit exercises decisive influence over the legal person, appoints or elects more than half of the members of its governing or controlling body, or to supplement any of those contracts. Where suggested supplements involve the amount of applicant’s financial obligations, it shall be applied for an opinion on supplements to the contract.
5) The Ministry of Finance shall assess the application with regard to possible impacts of acceptance of obligations arising from the contract and their influence on the economic standing of the contracting authority referred to in subsection (1) or on international obligations of the Czech Republic.

Pursuant to Article 186 (1) of the Public Procurement Act: In the case of concessions, the contracting authority referred to in Section 4 (1) d) or e) shall apply for a prior opinion of the Ministry of Finance to conclude a contract with the legal person where a territorial self-government unit founded or established such legal person or the legal person is funded mainly thereby or the self-government unit exercises decisive influence over the legal person, appoints or elects more than half of the members of its governing or controlling body, or to supplement any of those contracts. Where suggested supplements involve the amount of applicant’s financial obligations, it shall be applied for an opinion on supplements to the contract.

Pursuant to Section 100 (1) of the Public Procurement Act, The contracting authority may reserve, in the procurement documents, a change in the obligation arising from the public contract or framework agreement provided that conditions for such a change and its content are defined clearly and that the change will not alter the overall character of the public contract. Such a change may concern the scope of supplies, services or works, the price and other business conditions or technical specifications.

Pursuant to Section 2913 (2) of the Civil Code, obligations to reimburse the pest relieved, if he proves that he fulfill the obligations under the contract temporarily or permanently prevented emergency unpredictable and insurmountable obstacle arising beyond its control. The obstacle arising from pest or personal circumstances created until the time the pest with the fulfillment of agreed obligations is late or obstacle which was required under the contract pest to overcome, but it relieves them of the obligation to compensate.

Pursuant to Section 1765 of the Civil Code:
1) If a change in circumstances so substantial that the amendment establishes the rights and obligations gross disparity disadvantage either one of them a disproportionate increase in cost of performance or disproportionate reduction in the value of the transaction, the party has the right to pursue recovery against another party contract negotiation, if he proves that the change could not reasonably foresee or control and that the fact occurred after the conclusion of the contract, or the party concerned to become familiar conclusion. The application of this right does not entitle the party to postpone implementation.
(2) The right referred to in paragraph 1 arises the question, took on himself the risk of changes in circumstances.

Furthermore, Section 1764 of the Civil Code states that a change in circumstances after the contract to the extent that the supply of contract happens to any of the parties more difficult, nevertheless fulfill its obligation debt. This does not apply in cases specified in § 1765 and the 1766th.

Pursuant to Section 1765 of the Civil Code:
1) If a change in circumstances so substantial that the amendment establishes the rights and obligations gross disparity disadvantage either one of them a disproportionate increase in cost of performance or disproportionate reduction in the value of the transaction, the party has the right to pursue recovery against another party contract negotiation, if he proves that the change could not reasonably foresee or control and that the fact occurred after the conclusion of the contract, or the party concerned to become familiar conclusion. The application of this right does not entitle the party to postpone implementation.
(2) The right referred to in paragraph 1 arises the question, took on himself the risk of changes in circumstances.

Furthermore, Section 1764 of the Civil Code states that a change in circumstances after the contract to the extent that the supply of contract happens to any of the parties more difficult, nevertheless fulfill its obligation debt. This does not apply in cases specified in § 1765 and the 1766th.

Pursuant to Section 105 of the Public Procurement Act:
(1) In the procurement documents, the contracting authority may request that the participant in its tender
a) indicates any share of the contract that it intends to subcontract, or
b) includes a list of subcontractors, where they are known to the participant, and indicates which share of the public contract will be subcontracted to each of these subcontractors.
(2) In the case of a public service contract, a public works contract or a public supply contract involving a siting or installation, the contracting authority may request in the procurement documents that significant activities within the public contract, as determined by the contracting authority, be performed directly by the selected economic operator.
(3) With regard to public works contracts and public service contracts to be provided at a facility under the direct oversight of the contracting authority, the selected economic operator is obliged to provide the contracting authority with
identification data of the subcontractors involved in such works or services, where they are known to it, not later than within 10 working days from the receipt of the notice of the selection of the economic operator. Subcontractors who have not been identified under the first sentence and who will become involved in the performance of the public contract later, shall be identified before they commence the performance of the public contract.
(4) In the procurement documents, the contracting authorities may also lay down the obligation pursuant to subsection (3) with regard to
a) public supply contracts or public services contracts that are not referred to in subsection (3), or
b) subcontractors at further levels of the supply chain.
(5) The duty under subsection (3) or subsection (4) shall be considered to be fulfilled where these data are recorded in the construction daily log pursuant to another legal regulation

Pursuant to Section 100 of the Public Procurement Act:
(1) The contracting authority may reserve, in the procurement documents, a change in the obligation arising from the public contract or framework agreement provided that conditions for such a change and its content are defined clearly and that
the change will not alter the overall character of the public contract. Such a change may concern the scope of supplies, services or works, the price and other business conditions or technical specifications.
(2) The contracting authority may reserve, in the procurement documents, a change of the economic operator in the course of performance of the public contract provided that conditions for such a change and the manner of determining a new economic operator are defined clearly.

Furthermore, Pursuant to Section 222 of the Public Procurement Act
(1) Unless otherwise stipulated below, the contracting authority shall not allow a substantial modification of the obligation arising from a public contract throughout its duration without conducting a new procurement procedure in accordance with this Act.
(2) The application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (1) shall not be considered a substantial modification.
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Pursuant to Section 100 of the Public Procurement Act:
(1) The contracting authority may reserve, in the procurement documents, a change in the obligation arising from the public contract or framework agreement provided that conditions for such a change and its content are defined clearly and that
the change will not alter the overall character of the public contract. Such a change may concern the scope of supplies, services or works, the price and other business conditions or technical specifications.
(2) The contracting authority may reserve, in the procurement documents, a change of the economic operator in the course of performance of the public contract provided that conditions for such a change and the manner of determining a new economic operator are defined clearly.

Furthermore, Pursuant to Section 222 of the Public Procurement Act
(1) Unless otherwise stipulated below, the contracting authority shall not allow a substantial modification of the obligation arising from a public contract throughout its duration without conducting a new procurement procedure in accordance with this Act.
(2) The application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (1) shall not be considered a substantial modification.
(10) A replacement of the economic operator by another economic operator shall also constitute a substantial modification of the obligation arising from a public contract. It shall, however, be possible to replace the economic operator by another economic operator
a) in the case of application of reserved modifications of the obligation stipulated in the public contract on the basis of award criteria pursuant to Section 100 (2), or
b) where a change in the person of the economic operator is a consequence of legal succession related to a transformation of the economic operator, a death of the economic operator or a transfer of the economic operator's enterprise, or, where applicable, part of the enterprise, and the new economic operator meets the qualification criteria set out in the procurement documents of the original procurement procedure.

Pursuant to Section 223 of the Public Procurement Act:
(1) The procuring authority may terminate the obligation arising from a public contract or withdraw from the contract provided that its performance cannot be continued without violating the provisions of Section 222. (2) The procuring authority may terminate the obligation arising from a public contract or withdraw from the contract, without undue delay, after it finds out that the contract should not have been concluded because a) the selected economic operator should have been excluded from the procurement procedure, b) the selected economic operator submitted, before the award of the public contract, such data, documents, samples or models that did not correspond to reality and affected or could have affected the selection of the economic operator, or c) the selection of the economic operator is connected with a serious infringement of the duty of the Member State within the meaning of Article 258 of the Treaty on the Functioning of the European Union, as decided by the Court of Justice of the European Union. (3) The right of the procuring authority to terminate the obligation arising from the public contract pursuant to other legal regulations shall not be prejudiced by this provision. (4) Covenants diverting from subsections (1) to (3) are disregarded.