SlovakiaPublic Procurement Act: accessibility in the technical requirements and award criteria of public contracts
In force since .
A procurement conditions rule binding public and private bodies.
- Enforcement body
- The Public Procurement Office (Úrad pre verejné obstarávanie)
What it requires
- If you sell goods, services or works to a contracting authority or contracting entity, expect the technical requirements in the tender documents to take account of the accessibility requirements for products and services under Act 351/2022, Government Regulation 89/2026 and Government Regulation 283/2023, and of solutions suitable for all users, except in duly justified cases (s. 42(1)(a); Directive 2014/24/EU, Art. 42(1)).
- Where an EU act lays down mandatory accessibility requirements for products and services, expect the technical requirements to refer to that act, 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. 42(1)(a); Directive (EU) 2019/882, Art. 24(1)).
- Expect the contracting authority or contracting entity to be able to weigh accessibility among the quality criteria when it awards on the best price-quality ratio (s. 44(4)).
- If the contracting authority or contracting entity asks for a certificate of a quality management system, including accessibility for persons with disabilities, expect it to refer to quality management systems certified by an accredited person and to accept equivalent certificates from other Member States (s. 35; Directive 2014/24/EU, Art. 62(1)).
- For a concession, expect the characteristics of the works or services to be able to include solutions suitable for all users, including accessibility for persons with disabilities (s. 102(7)).
- In the simplified procedure for commonly available goods and services the contracting authority may apply sections 42 and 44 (s. 109(9)).
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
- All of
- Criteria
- a public contract or concession awarded by a contracting authority (verejný obstarávateľ) or contracting entity (obstarávateľ) under the Public Procurement Act whose technical requirements are set under section 42; in the simplified procedure for commonly available goods and services the contracting authority may apply sections 42 and 44 (section 109(9))
What this law does
Act 88/2026 rewrote section 42(1)(a) of the Public Procurement Act (343/2015) so that the technical requirements take account of the accessibility requirements for products and services. Before , section 42(1)(a) already required the technical requirements to take account of the requirements of accessibility for persons with disabilities and of design-for-all solutions, except in duly justified cases.
Section 42(1)(a) requires the technical requirements to take account of the accessibility requirements for products and services under special regulations and of design-for-all solutions except in duly justified cases, and to refer to the binding EU acts where those lay down mandatory accessibility requirements. Footnote 50b names Act 351/2022, Government Regulation 89/2026 and Government Regulation 283/2023 as examples of those special regulations.
Article 24(1) of Directive (EU) 2019/882 makes its Annex I requirements mandatory accessibility requirements within Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU. Section 44(4) lets the contracting authority and contracting entity weigh accessibility among the quality criteria when it awards on the best price-quality ratio.
Section 35 requires a contracting authority or contracting entity that asks for a certificate of a quality management system, including accessibility for persons with disabilities, to refer to quality management systems certified by an accredited person. Annex 3 counts accessibility for persons with disabilities among the technical requirements for goods and services, as for works.
Section 109(9) lets the contracting authority apply sections 42 and 44 in the simplified procedure for commonly available goods and services. Section 102(7) lets the characteristics of a concession include solutions suitable for all users including accessibility for persons with disabilities. Article VIII of Act 88/2026 sets as its commencement day.
Act 88/2026 inserted section 10a into Act 351/2022, under which the supervision and fines of sections 8 and 10 of that Act do not apply to the supervision of public procurement of a service under section 167 of the Public Procurement Act. Act 88/2026 likewise added section 30(3) to Act 56/2018, under which sections 26 to 28 of that Act do not apply to the supervision of public procurement of a designated product.
Article 30(5) of Directive (EU) 2019/882 excludes from its penalty rules procurement procedures subject to Directive 2014/24/EU or Directive 2014/25/EU. Section 167(1) has the Public Procurement Office (the Office, úrad) supervise the contracting authority's and contracting entity's compliance with the duties that the Act and other rules on public procurement set.
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