ÚOHS: The tender for the reconstruction of the New Stage of the National Theatre can continue

Brno - The public procurement for the reconstruction of the New Stage of the National Theatre for more than two billion crowns can proceed, the Office for the Protection of Competition (ÚOHS) has decided that the exclusion of the consortium of companies Geosan Group and Avers was justified. The decision was also confirmed by the chairman of the ÚOHS, Petr Mlsna, and the office informed about this in a press release. The National Theatre is preparing to announce the winner of the tender according to spokesman Tomáš Staňek. The representatives of the consortium's statements are being sought by ČTK.

The contract for the reconstruction was announced by the Prague National Theatre last January. The estimated costs were a maximum of 2.3 billion crowns, and the work was supposed to last two years. The theatre closed the New Stage at the end of June last year, with the reconstruction intended to begin in the autumn. However, the public procurement was challenged at the ÚOHS by the consortium of companies Geosan Group and Avers (GG Avers), which had applied for the contract but was excluded from the tender for failing to meet one of the conditions.

"The subject of the dispute was the fulfillment of a requirement that participants in the tender were to attach a contract, from which it clearly follows that if they form a consortium, all members of such a consortium would be jointly and severally liable for any breach of contractual obligations. This solidarity responsibility was to stem explicitly from their bid. The GG AVERS consortium did not meet this condition," stated the office.

According to the ÚOHS, the procedure of the National Theatre, which excluded the consortium from the tender, was thus correct. The contract submitted by the consortium did not provide for joint and several liability, but only for liability based on shares.

The selection procedure, after the ÚOHS began addressing the tender, could not proceed, and it was not possible to subsequently conclude a contract with the selected winner. Now the decision is final, and the tender can continue. The unsuccessful consortium can challenge the ÚOHS decision with an administrative lawsuit at the Regional Court in Brno.

According to spokesman Staňek, the National Theatre has received the ÚOHS decision. "Now, in accordance with the Public Procurement Act, the theatre is preparing to announce the winner of the tender for the contractor for the general reconstruction of the New Stage. Naturally, we will first inform the participants of the selection procedure and subsequently the public about the results," Staňek told ČTK.

During the summer, the theatre had the New Stage cleared out to prepare it for handover to the tender winner. The submission to the ÚOHS thus means a delay of several months.

The New Stage and the Operational Building B were constructed as part of the expansion of the ND complex during the reconstruction of the historic building from 1977 to 1983. It is an example of state representative architecture from the early 1980s, distinguished by the use of exclusive materials and artistic interiors. The main architect was Karel Prager, who collaborated with glass artists Stanislav Libenský and Jaroslava Brychtová. They are the authors of the glass façade of the theatre, composed of many television screens. In 2021, the Ministry of Culture declared the New Stage a cultural monument.

The two-year reconstruction aims to bring a variable arrangement of the stage and auditorium in a multifunctional hall with a capacity of up to 500 seats while preserving the monumentally protected elements. There will also be an intimate theatre hall, rehearsal rooms, and a café on the ground floor. In particular, the Laterna magika ensemble will travel and perform at other Prague venues during the reconstruction, mainly at La Fabrika in Holešovice.