Legal Q&A · Compliance, Registers & Licences

The contracting authority has not issued our reference. How can we obtain it?

Law as at 5 September 2026

Short answer

Issuing a reference is a statutory duty: ordinarily within 30 days of completion, or in specified cases within 10 days of your request. If the authority is silent, send a written request. If it still fails to issue the reference, apply to the Public Procurement Office with performance evidence. The Office issues it instead and fines the authority for non-compliance. Subcontractors do not receive Section 12 references; they prove experience through confirmation from the main contractor.

A reference in the Public Procurement Office’s register is an asset for future tenders. Contracting authorities must consider registered references when assessing technical capacity if you identify them in your bid. Insist that a reference is actually issued after every properly completed contract. This is a statutory duty with fixed deadlines, rather than a favour.

The deadline for issuing a reference

A contracting authority or contracting entity must issue a reference within: a) 30 days of completion of performance under a contract or concession agreement, or a part forming a functional whole; b) 10 days of receiving the supplier’s request for a reference, […].

Section 12(3) of Act No. 343/2015 Coll. (unofficial English translation)

For an ordinary contract, the period therefore starts automatically on completion, typically signing of the handover record, rather than resolution of defect claims. The ten-day request period applies to contracts outside the Act and repeated performance.

What to do if the authority is silent

First submit a written request under Section 12(6) of Act No. 343/2015 Coll.. The authority has ten days from receipt. If it still does nothing, apply to the Office within 30 days after that period expires, attaching evidence that the conditions were met: the contract, handover record and invoices. The Office requests the authority’s position and, if satisfied, issues the reference instead within 15 working days.

Content errors follow a similar route. Request correction of an inaccurate reference within three months of its entry. If the authority does not comply, apply to the Office (Section 12(8) and (9)).

A fine remains possible despite late correction

The Office shall impose a fine of EUR 500 to EUR 30,000 on a contracting authority or contracting entity if […] it breached the duty under Section 12(3), […].

Section 182(2) of Act No. 343/2015 Coll. (unofficial English translation)

Under the Office’s established practice, the fine is mandatory even if the authority issues the reference after receiving a request in the proceedings on your application. Including this point in your request is often more persuasive than repeated reminders.

Subcontractors and bids without references

A registered reference is issued to the supplier contracted by the authority, rather than a subcontractor. Under the Office’s 2026 guidance on participation conditions, a subcontractor demonstrates experience through confirmation from its own customer, the main contractor, or a declaration supported by documents showing actual performance. A missing reference is not fatal either: performance can be evidenced in a tender through a list of supplies with supporting documents, typically a handover record.

How we can help

We prepare the request and Office application with the necessary evidence so the procedure works at the first attempt. If the performance dispute escalates, we handle it through court representation. For regular bidders, our external legal department monitors references, registration validity and tender deadlines, including registration in the list of economic operators, explained in what the list of economic operators is for.

If the Office application deadline is already running, contact us promptly. Performance evidence is easier to obtain while the contract is recent.

This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

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  1. What do we need for a road haulage operator authorisation for vehicles over 3.5 tonnes? The district office in the regional capital grants road transport operator authorisation for ten years if the undertaking proves four requirements under Regulation (EC) No. 1071/2009: an effective and stable establishment in Slovakia, good repute of statutory representatives and the transport manager, financial standing comprising equity of at least EUR 9,000 for the first vehicle and EUR 5,000 for each additional vehicle over 3.5 tonnes, and the appointed transport manager's professional competence verified by examination. Transport to other EU countries additionally requires a Community licence and evidence of it in every vehicle.
  2. Who is a beneficial owner, and how are they identified? A beneficial owner is always an individual, never a company. In a company, this particularly includes anyone with a direct or indirect interest of at least 25% in voting rights or registered capital, the right to appoint or remove statutory or supervisory bodies, control by other means, or entitlement to at least 25% of the economic benefit. If no such individual can be identified, senior management, meaning the statutory body, is treated as the beneficial owner.
  3. What happens if we are not registered in RPVS or miss annual verification? The consequence is more than a fine. If beneficial owner verification is missing, the public-sector counterparty is not in default when it withholds performance for that reason, so it may lawfully withhold payment of your invoice. False or incomplete data can bring a company fine equal to the economic benefit obtained, or otherwise EUR 10,000–1,000,000, and EUR 10,000–100,000 for the statutory representative. The two-year re-registration ban arises in the sanction cases governed by Section 13a, not after every voluntary deletion.
  4. What must an RPVS verification document contain, and who prepares it? Only an authorised person, a lawyer, notary, bank, auditor or tax adviser, prepares the document to evidence beneficial owner identification or verification. It must explain the information supporting the conclusion, state the partner's ownership and management structure and confirm that the facts match what was actually established. It must not contain a personal identification number or another generally applicable identifier.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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