Public Procurement in Healthcare Sector in Czech Republic

09.08.2015

In public healthcare, which constitutes a substantial part of public expenditures, failures to determine the subject of public procurement in a due and lawful way continue to be some of the most frequent breaches of the Act on Public Procurement. The crux of the issue at hand is the recurring calculated division of the subject of a public proceeding. The public purchaser must not divide the subject in a way which would decrease the estimated value below the financial limits stipulated by the Act. If such conduct were permitted, one might be able to avoid the stricter conditions set forth for high-value procurement. Our present law does nevertheless permit the division of the subject into parts insofar as the total sum of these parts is used for the assessment of the value of the public tender. Czech courts also stress that in determination of the subject of public procurement proceedings, the local, urbanistic, functional, temporal or technological context must be taken into account. It has, however, been held that these rules would not apply in cases where the medical facility has to unforeseeably and urgently replace medical equipment.

 

Any questions?   Please contact: Eva Krajová or Eva Kratochvílová
Practice Groups: Healthcare; Regulatory & Governmental Affairs