The presented thesis addresses selected questions within the topic of public tender competitions, with focus on defining the term "public tender" and defining different types of public tenders. The thesis attempts to explain current legal environment of public tenders with regard to the amendment which has entered into force on September 15, 2010, and which has altered certain establishments of the Public Tenders Act. Alternations occurred also in the establishments focused on in this thesis; and because there has been no statutory interpretation or judicature yet, this thesis attempts to shed light on the implications of the amendment on the selected establishments. Definition of the term "public tender" is crucial from the viewpoint of full compliance of the Public Tenders Act; therefore, definition of the term along with its proprieties is one of the core topics of this thesis. Connected to this topic is also the question of proper definition of the term contracting authority, and assortment of subjects into correct contracting authority categories. This assessment is deemed fundamental for public tender competition. The thesis attempts to analyze situations where contracting authority specification is ambiguous. The case of ČEPRO, a.s., was chosen as a practical example to demonstrate such...

The purpose of this thesis is to identify the most common and the most severe deficiencies in the conduct of the contracting authorities in the case law of the Office for the Protection of Competition and based on the data about numbers of these deficiencies in the past years and by taking into consideration the proposed legislative changes forecast the future development in the numbers and severity of the deficiencies in the conduct of the contracting authorities. In case of an adverse forecast correct aim of future legislative changes will be suggested so that the principles of transparency, equal treatment and non-discrimination would be protected and more efficient use of public funds would be ensured. The thesis is composed of eight chapters, each of them dealing with different aspects of the deficiencies of the contracting authorities. Chapter One is introductory. Chapter Two describes how the case law of the Office for the Protection of Competition was researched and used in this thesis. Chapter Three briefly describes the history of the Office for the Protection of Competition as the body which supervises the adherence to the Act on Public Procurement and as such provides the main source of case law and information for this thesis. Chapter Four is divided into five parts, each devoted to on...

The goal of this thesis is an analysis of some aspects of the contracting entity profile, which we include in public procurement law. The first part is devoted to the development of the contracting authority profile from a historical perspective, from legislation Czechoslovak Republic until a valid and effective legislation, which is Act no. 134/2016 Coll., on public procurement, as well as an analysis of the concept contracting authority profile, it emerges from its legal definition. The second part, which can be described as its core, contains a progressive analysis of the various aspects of the contracting authority profile and its use as a legal institute in theory and practice. The thesis contains partial conclusions, references to the decisions and also the recommendations or proposals for legislation de lege ferenda.

The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...

The aim of this thesis is to evaluate public procurement practices and elaborate recommended procurement procedures. The resulting part of the work is devoted to a research of selected municipal contracts in terms of volume and structure. It also shows the development of these contracts in the last five years. The research method for achieving the main aim of the work is a case study. Using two real public contracts is demonstrated a possible procurement process. The research via case studies does not serve to produce a generally valid conclusions. However, it is possible to draw several findings from the examples of public contracts. These findings are applicable to other municipal public procurement.

This Master´s Thesis deals with the issue describing preparatory work for a construction contract submitted for a public tender. Its main objective is to demonstrate the negotiation procedure with sub-suppliers the purpose of which is to obtain more advantageous offer and the assignment of a contract. Last but not least, the thesis analyses appropriate steps leading to financial savings. The theoretical part is dedicated to the explanation of basic terms and definitions circumscribing public contracts, their contracting authorities, types of public contracts and the tendering procedure and its actions. The practical part then analyses and demonstrates on the specific example preparatory work of the contract for a public tender, its assessment and potential ways of financial savings.

À l’issue de la Révolution, la rationalisation de la politique architecturale opérée au moyen d’une centralisation des affaires qui s’appuie sur un découpage administratif très hiérarchique allait permettre, en moins d’un demi-siècle, de fournir aux nouvelles institutions les édifices nécessaires à leur exercice et d’inscrire leur existence symbolique dans le bâti. Comme commission consultative établie auprès du ministre de l’Intérieur en 1795, le Conseil des bâtiments civils fut appelé à se prononcer sur l’ensemble des questions relatives à l’architecture que lui soumettait le ministre. Ses compétences portaient tout autant sur l’examen sous le rapport de l’art de tous les projets d’architecture construits aux frais de l’État que sur des sujets aussi divers que le règlement des honoraires, les alignements de voirie ou la liquidation des sommes dues aux entrepreneurs. Principal outil de la politique architecturale de l’État, le Conseil des bâtiments civils allait être à l’origine d’une pratique encadrée de l’architecture. En commandant l’accès à la commande publique la plus rémunératrice et la plus importante pour la notoriété de l’architecte, et par la normalisation du processus de production architectural, le Conseil et l’administration des bâtiments civils furent à l’origine, selon le mot de Georges Teyssot, d’un véritable « système des bâtiments civils » dont le rôle fut sans doute plus déterminant encore que celui de l’École et de l’Académie des Beaux-Arts dans la première moitié du XIXe siècle. / At the end of the Revolution, the rationalization of the architectural policy that engendered a centralisation based on a strict hierarchical administrative division would, in less than a century, allow to give to the new institutions the buildings they needed and to inscribe their symbolic existence in the built. As a consultative commission established next to the Interior ministry in 1795, the Conseil des bâtiments civils was called to decide on all architectural matters submitted to it by the Minister. His competences were equally relevant to the examination of all architectural projects built at public expense under the art point of view, or on topics as diverse as the payment of fees, road alignments or liquidation of amounts due to contractors. Main tool of the architectural policy of the State, the Conseil des bâtiments civils would frame the architectural practice. By controlling access to the most lucrative public command and the most determinant for the reputation of the architect, the standardization of architectural production process that the Conseil des bâtiments civils introduced, was a true "system of civil buildings" whose role was probably even more important than that of the École des Beaux Arts or the Académie in the early nineteenth century.

L'administration utilise de plus en plus le procédé contractuel, notamment les marchés publics, contrats par lesquels elle satisfait ses besoins en travaux, fournitures et services. Au sein des marchés, à côté des procédures formalisées soumises aux directives communautaires, une catégorie particulière de marché a été créée par le code des marchés publics de 2004 : les marchés à procédure adaptée (M.A.P.A.). Ces marchés, qui constituent une innovation du code de 2004 et qui ont été repris par le code de 2006, sont définis par l'article 28 du code comme les marchés « dont les modalités sont librement fixées par le pouvoir adjudicateur en fonction de la nature et des caractéristiques du besoin à satisfaire, du nombre ou de la localisation des opérateurs économiques susceptibles d'y répondre ainsi que des circonstances de l'achat ». Les modalités laissées à l'appréciation du pouvoir adjudicateur ne doivent pas pour autant porter atteinte aux principes généraux de la commande publique (liberté d'accès à la commande publique, égalité de traitement des candidats et transparence des procédures). Ainsi, la liberté accordée aux acheteurs publics dans le cadre des M.A.P.A. a pour contrepartie une responsabilité accrue. Cette marge de manœuvre accorde une place importante à la jurisprudence pour définir le régime de ces marchés et laisse place à l'innovation des acheteurs publics. / The administration uses increasingly the contract process, including procurement, contracts under which it satisfies its needs works, supplies and services. In markets, in addition to formal procedures subject to EU directives, a particular category of contract was created by the Public Procurement Code 2004 : markets appropriate procedure (MAPA). These markets are an innovation of the Code of 2004 and which were included in the Code of 2006, are set out in Article 28 of the Code as markets "whose terms are freely set by the contracting authority in accordance with the nature and characteristics needed to meet the number or location of economic operators likely to respond and the circumstances of the purchase. "Terms at the discretion of the contracting authority should not necessarily undermine the general principles of public procurement (freedom of access to public procurement, equal treatment of candidates and transparency of procedures). Thus, the freedom granted to public purchasers within the MAPA is offset by an increased responsibility. This flexibility gives an important place to the courts to define the treatment of these markets, leaving room for innovation in public buyers.

The subject of the thesis is "The Budgetary Management of Contracting Authorities With Relation To Public Contract Awarding". It attempts to point out some relations between the budgetary law and the law of public procurement on the example of public contract awarding carried out by public contracting authorities. The thesis is composed of six chapters. The first chapter deals with the definition of the budgetary law, it subject matter and its legal sources. The second chapter presents the definition, the subject matter and the legal sources of the law of public contracts. The third chapter follows in which the basic concepts and legal institutions of the budgetary law and the law of public contracts are presented. The fourth chapter describes the main principles by which the budgetary law and the law of public contracts respectively are governed. In the sixth chapter some aspects of the public contract awarding and their impacts on budget management are briefly mentioned. The last chapter shortly discusses the field of a budget management control in connection with the public procurement.

<p>The government procurement legislation – i.e. the Swedish procurement law, the EC procurement directives and the WTO’s Government Procurement Agreement – applies on public procurement. Such a procurement exists when the contractor meets the conditions stated in the directives that the organ is to be considered as a contracting auhtority. The conditions are supposed to cover the bodies that objectively are thought to take other considerations than economic when purchasing services or products. The definition of contracting authorities has, however, given rise to several interpretation problems when putting the wording into practice. Since it is the contracting authorities themselves that are responsible for their compliance with the law when purchasing, an unclear definition will result in bodies getting a possibility to, to a larger extent, evade the obligation to comply with the procurement legislation. Because of this, it is of great importance that the courts create a unitary interpretation of the definition; a clear definition serves as a means of exerting pressure. </p><p>The thesis is an investigation of the definition of contracting authority where the primary source of information consists of case law from the European Court of Justice. The purpose is to visualize the underlying philisophy of the regulation with a view to suggest an instrument for determining a body’s status as a contracting authority. Regarding the definition of contracting authority, the thesis discuss three different levels. The first level consists of an examination of the wording according to both the directives and the Swedish law, and then the interpretation of the wording by the European Court of Justice. At the following level, it is set out to illustrate differences between the definition on a national level and an EC level, respectively. Finally, it will be established what legislation technique that seems to have been used when formulating the definition of contracting authority in the directives, and also how the result of this should influence the interpretation of the term.</p>