Czech RepublicAct on public procurement, accessibility for persons with disabilities in technical specifications, qualification standards and quality criteria
Zákon č. 134/2016 Sb., o zadávání veřejných zakázek, §§ 80, 93, 116 a 182
In force since .
A procurement conditions rule binding public and private bodies.
- Enforcement body
- The Office for the Protection of Competition (Úřad pro ochranu hospodářské soutěže)
What it requires
- If you sell goods or services to a contracting authority for use by natural persons, expect the authority to take account of their accessibility for persons with disabilities in the technical specification, unless objective circumstances make that impossible (s. 93(1)).
- Where an EU instrument lays down binding accessibility requirements for persons with disabilities, expect the authority to set the technical conditions by reference to that instrument, so that a tender for a product or service within Directive (EU) 2019/882 is held to the accessibility requirements of that Directive's Annex I (s. 93(2); Directive (EU) 2019/882, Art. 24(1)).
- Where the authority asks for proof of compliance with quality-assurance standards, including standards on accessibility for persons with disabilities, expect it to refer to quality-assurance systems based on the relevant European standards and certified by accredited bodies (s. 80(1)).
- Expect the authority to be able to score your tender on user accessibility as a quality criterion (s. 116(2)(c)).
- For a concession, expect the technical conditions to be able to include adaptation to all requirements including accessibility for persons with disabilities (s. 182(3)).
- The accessibility rules of sections 80, 93 and 116 bind the contracting authority in the above-threshold regime and in a below-threshold procedure that uses an above-threshold procedure type; in a simplified below-threshold procedure the authority may apply them, and a small-scale contract (estimated value up to 3,000,000 koruna for supplies or services or 9,000,000 koruna for works) or a small-scale concession (up to 20,000,000 koruna) need not be awarded in a procedure at all (ss. 27, 31, 52, 53(4) and 178).
These lines are LexLint's reading of the law's text.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a public contract awarded in the above-threshold regime (Part Four), or a below-threshold contract awarded in a procedure type of that regime under section 52(b); in the simplified below-threshold procedure sections 80, 93 and 116 apply only where the contracting authority chooses to apply them (section 53(4)); a small-scale public contract, one whose estimated value is at most 3,000,000 koruna for supplies or services or 9,000,000 koruna for works (section 27), need not be awarded in a procedure (section 31)
- for section 182(3), a concession other than a small-scale concession, one whose estimated value is above 20,000,000 koruna (section 178)
What this law does
Section 93(1) of the Act on public procurement requires a contracting authority, where the object of a public contract is intended for use by natural persons, to take account of the accessibility of the object for persons with disabilities when it sets the technical specification, unless objective circumstances make that impossible.
Section 93(2) requires the contracting authority, where binding accessibility requirements for persons with disabilities are laid down by a European Union instrument, to set the relevant technical conditions by reference to that instrument.
Article 24(1) of Directive (EU) 2019/882 makes the accessibility requirements of its Annex I mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU for the products and services within its scope.
Section 80(1) requires a contracting authority that asks, as proof of technical qualification, for compliance with quality-assurance standards including standards on accessibility for persons with disabilities to refer to quality-assurance systems based on the relevant European standards and certified by accredited bodies. Section 116(2)(c) lists user accessibility among the quality criteria that may be used to evaluate tenders.
Section 182(3) lets the technical conditions of a concession include adaptation to all requirements including accessibility for persons with disabilities. Section 31 lets a contracting authority award a small-scale public contract without an award procedure, while it must still follow the principles of section 6(1) to (3).
Section 52(b) lets a contracting authority award a below-threshold contract in a procedure type of the above-threshold regime, and then it follows Part Four, where sections 80, 93 and 116 sit. Section 53(4) lets a contracting authority that uses the simplified below-threshold procedure apply particular rules of the above-threshold regime. Section 178 lets a contracting authority award a small-scale concession without an award procedure.
The Act calls the Office for the Protection of Competition the Office. Section 248(1) gives the Office the supervision of compliance with the rules of the Act by contracting authorities.
When LexLint raises it
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