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.
