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August 05, 2024 | News August 2024 | Amendment to Public Procurement Act

On June 19, 2024, the National Council of the Slovak Republic (parliament) adopted an amendment to the Public Procurement Act, which with effect from August 1, 2024 brings substantial changes in the regulation of public procurement. The main objective of the amendment is to save time in public procurement and reduce the administrative burden.

The amendment increases the financial threshold for works contracts above which the entities concerned are entitled to file objections, from the current EUR 800,000 to EUR 1,500,000.

Another important change is the introduction of a range of fines for infringements of the law, which will be between 0.1% and 5% of the contract price, thus allowing the specificities of the individual case to be taken into account and ensuring that the sanction is proportionate to the gravity of the infringement.

The amendment increases the threshold for small-scale contracts from EUR 10,000 to EUR 50,000.

Also, the rules for below-threshold contracts and low-value contracts will be aligned. The amendment also introduces an exception for below-threshold contracts for the supply of foodstuffs to a school catering establishment, a special purpose establishment of a higher education institution providing catering and foodstuffs intended for catering within the framework of a social service provided by a higher territorial unit, a municipality or a social service provider.

An indirect amendment, by means of the Act on Emergency Measures for Strategic Investments and for Construction of the Trans-European Transport Network and on Amendment to and Supplementation of Certain Acts, has also removed, without replacement, the concept of a request for remedy, as this review procedure is not required by the European Union law. Tenderers in public procurement will continue to be able to address questions to contracting authorities and contracting entities in the form of a request for explanation.