Will The Evaluation Of Tenderers' Quality And Capabilities Change After The Amendment?

Professional services, as well as large and technologically complex deliveries and supplies, entail certain intrinsic criteria for the selection of a suitable contractor, including the quality of services, financial strength and stability, and a responsible approach of the contractor to his performance. This is particularly true where the contractor's failure may have a material adverse impact on the contracting authority or on the public service.

A closer examination of the governmental draft of the amendment (the "Amendment") to Act No. 137/2006 Sb. on public procurement (the "Public Procurement Act"), and some of the measures proposed therein, raises the question of whether the draftsmen of the Amendment realize the risks that may potentially ensue from the combination of those measures if the Amendment is enacted. The risk-involving measures include, in particular, the following proposals: