Exclusion of procurement procedure participant in the case of major or long term misconduct during fulfillment of prior contractual relationship

July 2019

The Public Procurement Act (PPA) allows for the exclusion of the participant of the procurement procedure in the case that this participant, during the fulfilment of a prior contractual relationship, committed major or long-term misconduct against the contracting authority or any other public contractor, which then led to the cause of damages, early contract termination, or other comparable sanctions. Since the PPA has been in effect, there have been a few judicial decisions that further specify conditions for the public contractors’ decisions in these cases.

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Mgr. Hana Maláčová, advokátka

e-mail: hana.malacova@chsh.cz