Czech procurement review reform: Faster decisions and less “ping-pong” at the Czech Competition Authority

The Czech Office for the Protection of Competition (ÚOHS) has proposed an amendment to the Czech Public Procurement Act that could significantly change how procurement disputes are reviewed in practice. The draft aims to make review proceedings faster, more efficient and less vulnerable to tactical delays. 

For contracting authorities and bidders alike, this is one of the most practical and potentially impactful procurement developments currently on the table in the Czech Republic.

A push for faster and more final decisions

One of the key goals of the amendment is to reduce the so-called “ping-pong” effect in second-instance review proceedings before ÚOHS.

Today, it is relatively common for first-instance decisions to be repeatedly cancelled and sent back for reconsideration. In practice, this can prolong uncertainty around ongoing tenders for months.

Under the proposed reform, the Chairman of ÚOHS would generally no longer return cases concerning ongoing procurement procedures back to the first instance. Instead, the second-instance body should decide the matter finally itself — either by confirming, changing or cancelling the decision. 

If adopted, this could bring more predictability and much quicker outcomes in high-value and strategically important procurements.

Appeals may become less automatic

The proposal also reacts to a long-standing practical issue: appeals (“rozklad”) are often filed almost automatically, even in weaker cases, mainly because there has been little downside in doing so.

To address this, the amendment proposes splitting the review deposit into two parts:

• 70% would be paid when filing the original motion; and 
• the remaining 30% only if an appeal is filed. 

The intention is clear: parties should challenge first-instance decisions only where they have real arguments, not simply to delay the process.

The proposal would also tighten the rules for appeal submissions themselves. Blanket appeals without proper reasoning should no longer be sufficient. Parties would need to explain already within the appeal deadline why they believe the first-instance decision is unlawful or incorrect. 

More flexibility in crisis situations

Another notable part of the proposal concerns negotiated procedures without publication used in emergencies, such as floods or other crisis situations.

In these cases, the amendment would ease some procedural requirements to allow authorities to secure urgent supplies or services more quickly. For example, certain standstill and documentation obligations could be relaxed where immediate action is necessary to protect public interests. 

This reflects a broader trend visible across Europe in recent years: procurement rules are increasingly being tested by emergency situations requiring rapid public purchasing.

Increased electronic communication

The amendment also supports further digitalisation of procurement review proceedings.

It formally introduces wider use of the ÚOHS self-service portal and remote access to files, reducing the need for physical access to case documentation. 

While this may sound technical, in practice it could make proceedings more manageable and accessible for parties and their advisers.

What happens next?

The proposal is currently in the inter-ministerial consultation phase and may still change before entering the legislative process.

Still, even at this stage, the draft clearly signals the direction in which Czech procurement review procedures may develop: faster decisions, more pressure on procedural discipline, and stronger emphasis on efficiency.

For both contracting authorities and suppliers active in the Czech public procurement market, these changes will be worth monitoring closely.

If you would like to discuss how the proposed reform may affect your procurement strategy or ongoing proceedings in the Czech Republic, please contact Lukáš Janíček or Lenka Krutáková.