The provision of transport services and related legislation is a specific area of public investment law; its subject matter is the ordering and financing of regular passenger transport as a service in the public interest. It is based on public service contracts in road and rail transport and regulates, in particular, the process of concluding such contracts, including competition regimes (tendering, procurement procedures), direct award, or the use of special in-house cooperation—from regional buses and trains to urban public transport.
Contracting authorities (regions, municipalities, the state) must correctly choose the legal regime for awarding a given contract and set transparent conditions for compensation, penalties, and other contractual terms; incorrect procedures jeopardize the implementation of the process and may give rise to disputes and fundamentally undesirable complications in the actual conclusion of the contract (whether through direct award or tender) or in the actual provision of services. Transport operators, in turn, will only succeed with a precise bid, which is not easy to prepare and often requires legal assistance.
List of services
- Evaluation of input information from the client and subsequent assessment of the options available to the client in relation to the transport service in question, i.e., assessment of compliance with the conditions for direct award, award to an internal carrier, tender procedure, etc.
- Preparation of tender and contract documentation for tendering, procurement, direct award, or use of an internal carrier, including subsequent administration of the procedure and assessment of related issues (e.g., the share of low-emission vehicles in providing transport services).
- Contract management for transport service provision contracts, including ensuring that any proposed changes to the contract comply with relevant legislation.
- Representation of suppliers in tender procedures, including the preparation and completion of bids.
- Representation of clients and suppliers before the Office for the Protection of Competition and administrative courts.
In this area, we have already dealt with
Selection of a rail transport provider for municipalities
Comprehensive legal advice to clients from municipalities (regions) in the selection of a rail transport provider for a contract worth over CZK 100 billion excluding VAT.
The advisory services included conducting demanding preliminary market consultations with foreign participation and preparing comprehensive documentation (including the contract) after the award of a contract for the provision of rail transport for 30 years. Last but not least, we also carried out the related tender procedure in accordance with European and Czech legislation.
Comprehensive provision of transport services for the region
Legal advice consisting of the implementation of several dozen tender procedures and several bidding procedures to secure transport services for individual areas of the region with an estimated value in the tens of billions of CZK excluding VAT.
Legal advice always included the preparation of tender and contract documentation, the implementation of the tender procedure and, in several cases, also the representation of clients in and administrative proceedings before the Office for the Protection of Competition.
Comprehensive administration of a tender procedure for the provision of rail transport in the region
Legal services consisted of preparing tender and contract documentation for a public contract to provide rail transport in the region with an estimated value exceeding CZK 18 billion excluding VAT. This also included legal support for the client (in the position of the contracting authority) in the administration of the tender procedure in accordance with European and Czech legislation.
Legal advice to statutory cities on concluding a contract for the provision of public transport by an internal carrier
The legal services consisted of assessing the fulfillment of the conditions for the use of an internal carrier, or rather the fulfillment of the conditions for so-called in-house cooperation with an internal carrier owned by the statutory city.
As part of our legal services, we also drafted a contract for the provision of public transport and represented the client in negotiating the terms of the contract with the internal carrier.
Contact us
