Rowan Legal
  • podesva@rowan.legal

Vilém Podešva is the head of the Public Investment specialization at ROWAN LEGAL. He is one of the leading experts in the field of both public procurement law and projects which involve public-private partnerships (PPPs), he also specializes in competition law.

Vilém has led legal teams in implementing a number of key projects in the field of public investment, in particular in the construction and operation of public facilities (concession or quasi-concession projects in the field of administrative buildings, parking areas, health, social services, transport infrastructure and energy), public informatization of administration (for numerous implementation projects, traffic infrastructure and IT applications, the acquisition of hardware technology and complex outsourcing projects), the defense industry (procurement of security systems, as well as defensive and weapons systems), and various other services (waste management, facility management, water management and consulting services, to name but a few).

In his practice, he has also represented a number of entities in competition cases (antitrust and mergers) and in assessing state aid in proceedings before the Office for the Protection of Competition, administrative courts of the Czech Republic or the European Commission.

Since 2006, Vilém has served as the chairman of the Minister for Regional Development’s appellate committee in proceedings relating to its list of qualified suppliers. From 2012 to 2017, he was a member of the Office for the Protection of Competition’s appellate committee in proceedings regarding public procurement.

Provided comprehensive legal services relating to the implementation of theproject “Ensuring the operation of water supply infrastructure after the year 2020” with a value of several billion CZK, not including VAT. Vilém participated in providing a study of alternatives for the realization of the project. Contracting authority was the North Bohemia Water Company Ltd.

Provided comprehensive legal services to the City of Prague in the field of information technology (in particular the Opencard project and the economic information system) when resolving questions concerning transactional projects (procuring documents, contracting security), as well as in resolving unclear agenda.

PUBLIC PROCUREMENT:

Provided advisory services in the field of public procurement to the the Directorate of Roads and Motorways in connection with projects for the construction and repair of transport infrastructure.

Provided comprehensive legal services to the city of Ústí nad Labem related to the award of the tender, with a value of around 1 billion CZK, not including VAT. A public procurement, “municipal services for Usti nad Labem”, divided into 4 sections, which were entered in an open tender. Provided legal services related to securing the integrity of a project with a value of over 500 million CZK. The Coordinating Centre for departmental health information systems – a public procurement to build new medical registers with additional capacity and the development of an IT environment (in particular infrastructure and applications).

Provided legal services related to ensuring the integrity of a project with a value of 300-400 million CZK per year. The client was the Czech Republic´s Ministry of Agriculture, a public procurement for the operation and development of the IT environment (in particular infrastructure, applications and registry).

Provided comprehensive legal services related to the successful submission of a tender with value of over 1 billion CZK, not including VAT. The contracting authority was the Prague city district 8 and the assignment “the Centrum Palmovka project – the construction of a building with office and commercial space and their subsequent management including the provision of related services”, submitted in a competitive dialogue. Vilém participated in the creation of the tender conditions containing a binding model contract, which described the construction of the Centrum Palmovka, the building with the office and commercial space, as well as its subsequent management including the provision of related services.

Provided comprehensive legal services related to the successful submission of the tender. The city of Pilsen in a public procurement, “Provision of services and the availability of the Rychtářka parking House”. In this project Vilém participated in the creation of the tender conditions  containing a binding model contract, which outlined the construction of the Rychtářka parking building for the property of the contracting authority, its subsequent maintenance and the implementation of facility management (real estate management) for a predetermined period of time.

Provided comprehensive legal services relating to the successful submission of the procurement with a value of nearly 1 billion CZK, not including VAT.  Submitter was Air Traffic Control of the Czech Republic in a public procurement, “Replacement of the Main System”, with tenders submitted in a competitive dialogue and subsequently in a negotiated procedure with publication, which was completely executed in English.

Provided in-depth legal advice to the city of Prague in connection with the solution of current problems relating to the existing Economic information system, GINIS, as well as in the search for a satisfactory and sustainable solution concerning the future implementation and integration of Prague´s information systems, city districts and subsidiary organizations.

Provided complete legal services relating to the award of public procurements with a value of approximately 200 million CZK without VAT. The Contracting authority was Czech TV in a public procurement “server technology for the production and broadcasting of news, sports and current affairs”, entered in competitive dialogue. Complete legal services . As part of this Vilém took part in the drafting of tender terms and specifications which held a binding model contract including the provision of a comprehensive IT system for the broadcasting of Czech TV.

Provided wide legal services relating to the award of the procurement, with a value in the region of 100 million CZK exclusive of VAT, including the implementation of subsequent mini-tendering. The Contracting authority was the Coordinating Centre for departmental health and information systems in the public procurement, “2b Administrative registers and CUV, health, medical, and other registers”, entered in an open procedure. In the context of this legal service, Vilém played a part in the formation of the specified tender terms which contained a binding model contract, which provided for the validation and deployment of the registers to JTP.

Provided comprehensive legal services related to the award of public procurements, with a value of approximately 1.7 billion CZK exclusive of VAT. The Contracting body was the joint stock company Prague´s Transport Company, in a public procurement, “Electricity Power Supply for the places of collection in the underground, trams and for other wholesale customers”, entered in a negotiation procedure with publication. In this project, Vilém participated in the formation of the tender specifications which contained both binding terms and conditions.

Provided comprehensive legal advice to the Czech Republic´s Ministry of Agriculture as the prosecution in a court proceedings led by the Supreme Administrative Court (5 Afs 42/2012 and 5 Afs 43/2012) against the Office for the Protection of Competition, under which the Court issued a groundbreaking judgment regarding the possibility of using a negotiated procedure without publication, in which it also upheld the Ministry’s proposal in its entirety.

Provided legal services related to the successful award of the procurement worth over 3 billion CZK, exclusive of VAT. The contracting authority was the Regional health authority with a public procurement, “Comprehensive outsourcing of ICT”, entered in open procedure. Vilém undertook the preparation of tender specifications and terms containing a binding model contract, which included the provision of comprehensive ICT services to the contracting authority for a further 10 year period.

Title: Annotation release to the Law on special proceedings, § 323-331 – Procedure for interim agreement to conduct investigations in matters of competition, co-author
Publisher: Wolters Kluwer ČR
Publication date: Expected release 2015

Title: ASPI Navigator Tenders, co-author
Publisher: Wolters Kluwer ČR
Publication date: 2014

Title: The Public Procurement Act, co-author
Publisher: Wolters Kluwer ČR
Publication date: 2011

Title: Overview of the case law in matters of public contracts, co-author
Publisher: Wolters Kluwer ČR
Publication date: 2011

Title: Legal 500, Recommended in Energy
Date: 2019

Title: Legal 500, Recommended in Energy
Date: 2018

Education

Institution: Nottingham Trent University, Brno International Business School

Institution: Masaryk University, Law Faculty in Brno
Filed of studies: Law

Professional experience

Organization: ROWAN LEGAL
Position:

  • Partner (01/2006 – present)
  • Junior Associate (09/2003 – 12/2005)

Period: 09/2003 – present
Job description: Head of the Public investment specialization at ROWAN LEGAL

Organization: The Office for the Protection of Competition
Position: Lawyer, director of the Department
Period: 09/2001 – 08/2003