Participation in the Czech public procurement procedure is contingent upon proof that all required qualifications have been met.
Scope of qualification
The relevant documents are specified by the contracting authority. They may include but are not limited to the following: criminal record, indebtedness, trade license or examples of business reference, etc. Specification of technical or financial conditions, and conditions relating to potential environmental or social consequences, may also be required during the qualification phase of the tender.
The general scope of required tender qualification in the Czech Republic is as follows:
1) basic eligibility
2) professional capacity
3) economic and financial qualifications
4) technical qualification
Proof of qualification
The qualification criteria varies according to different types of award procedures. Foreign suppliers are allowed to prove their qualification by documents issued under the law of their origin. However, they must prove the qualification to the extent required by the contracting authority or Czech law. This might be an issue in case the criterias are not the same in both countries. It is thus always necessary to prepare the offer with regard to the local law of each tenderer, as well.
The newly minted European Single Procurement Document (ESPD) has replaced the standard qualification documents requested by the contracting authority. The correct filling of the ESPD is nonetheless an issue. However, by submitting this ESPD affidavit, the winning tenderer is not exemptfrom proving the original documents before the contract is actually concluded. The ESPD is only a mechanism for streamlining the qualification procedure for tenderers in the first steps.
Finally, beeting all qualification criteria is only the first formal step to ensure the success. Additional mandatory content may be set by the contracting authority aside in the tender documentation.
In case of any missing qualification every tenderer has the possibility of participation together with a business partner in joint ventureor using a subcontractor.