Act No. 134/2016 Coll., on award of public contracts, as amended ("Act") regulates the tender procedures for conclusion of public contracts. The Act is based on the principles of transparency, proportionality, non-discrimination and equal treatment.

The Czech Republic, as an EU member state, implements the European Union procurement rules.

The contracting authority is bound by the principles of transparency, proportionality, non-discrimination, equal treatment and prohibition of unreasonable restriction of competition.

The transparency principle is implemented specifically by the obligation to publish the tender procedure, the right of contractors to take part in the opening of envelopes, the obligation to substantiate the decision on the most suitable tender, and the determination of evaluation criteria in advance.

The principle of proportionality follows from the EU public procurement directives and applies to all stages of the procurement procedure. The principle of proportionality is expressed in the statutory regulation of public contracts award in respect of their financial value.

The principle of equal treatment demands that the contracting authority treats all contractors in the same way during the whole tender procedure. The principle of equal treatment demands that similar tender conditions apply to all contractors and that any contractor is entitled to submit a tender in the public procurement procedure.

The principle of non-discrimination is violated if the contractor is, in advance, deprived of the possibility to participate in a tender procedure (e.g., if unreasonable qualification criteria for contractors are stipulated), or participation in the tender is restricted only to domestic contractors.

The manufacture of military material or trade with military material are not subject to public procurement rules of the Act if they are necessary for the protection of important security interests of the Czech Republic.

Public contracts in the area of defence and security are subject to special rules of the Act which simplify the conditions for use of certain types of award procedures. Defence and public security contracts may not be awarded within some types of the procedures, in particular in an open procedure, i.e. the number of contractors submitting a tender is always restricted and the contracting authority never invites an unlimited number of contractors to submit a tender. The use of the negotiation procedure with and without publication is allowed. Further, specific additional qualification criteria must be fulfilled by the contractors.

There are no specific rules for public procurement in aerospace.