This thesis analyses current practice in publication of information on public procurement according to official standards in Czech Republic and European Union. It proposes new conceptual domain model, and uses it to propose optimal format for publication and exchange of data on public procurement. Further a set of rules is proposed to check quality of published information, and a tool is implemented to perform their practical control. The tool is tested on all 10 500 Czech working APIs, their measured quality is described and evaluated. The tool has been published and is used by actual procurement issuers. Powered by TCPDF (www.tcpdf.org)

Changes and claims under FIDIC commercial terms in the context of the Civil Code and public procurement law FIDIC commercial terms are one of the most popular commercial terms in construction all over the world. Its regulation of Variations and Claims during the constructions works is certainly very important for successful progress of the construction. However, in the context of the Czech Civil Code and public procurement rules, there can raise issues of applicability of such regulation under FIDIC in Czech law environment and also compliance with public procurement regulation. The aim of this thesis is an analysis of applicability of Variations and Claims under the FIDIC regarding to the Czech Civil Code and public procurement rules. After an introductory part, the thesis is divided into four main chapters. The first chapter describes the FIDIC Federation and history of its commercial terms. The second chapter outlines basic description of Variations and Adjustments and Claims and connected questions including the procedure issues. Following two chapters are the main parts of the thesis. The third chapter is focused on Variations and Adjustments and Claims under the FIDIC commercial terms regarding the Czech law environment and recently adopted Civil Code. The last chapter is focused on public...

Resumé Problems associated with awarding of public procurement by sector contracting entities The topic of this Dissertation is presentation of certain problems associated with awarding of public procurement by sector contracting entities. To begin with, basic issues of tenders and public procurement procedures are presented in a legal framework, referring not only to the Laws of the Czech Republic but also to the Laws of the European Union. This part includes definitions of basic terms, especially the public procurement concept and principles of applicable legislation. A short historical context concerning development of the legal norm after 1989 is provided. In the actual text, appropriate attention is paid to differentiation of public contracting entities with an emphasis on the content and development of the term "sector contracting entity". The definition of sector contracting entities is a key term of this Dissertation. The process of awarding of public procurement by a sector contracting entity is subject to numerous legal exemptions, as well as some specific law regulations. These exemptions and law regulations are described and thoroughly analysed in the Dissertation. In relevant cases, a comparison between the existing laws and legislation amendments enacted as of April 1, 2012 is made, completed...

Tout au long de notre travail nous avons essayé, dans un premier temps, de mettre en exergue les progrès réalisés par les réformes législatives et la contribution de la justice administrative en matière de promotion de la transparence dans les marchés publics au Maroc., une comparaison à d'autres réglementations nous a, aussi, paru utile pour nous renseigner des écarts existants et en faire une occasion pour des leçons à tirer des expériences des pays jugés développés. Dans second temps, nous avons essayé de proposer des pistes de réflexion pour les grands problèmes qui demeurent entravant la promotion de la transparence en matière des marchés publics en particulier et de l'éthique dans la gestion de la vie publique en général. / Transparency in public procurement management is increasingly needed due to the growth of public expenditure.The mechanisms put in place to safeguard the principles of transparency and ethics are to be constantly refined.In Morocco, according to the official discourse, the country has decided to adopt the international standards of transparency in public procurement; insofar it constitutes the framework of the public action. Hence, it has undergone several reforms.Accordingly, it is within this context that our specific choice to study this subject emanates from.It is therefore important to understand the complexity and challenges of transparency in the management of public procurement.Public procurement is probably one of the areas where regulation is strongly binding.This regulation oversees, more likely than elsewhere, all the actors' behaviours and management practices.Indeed, the dominant logic in the purchasing function is a logic of legal security that overshadows the search for efficiency and economic performance.Throughout our work, we have tried, firstly, to highlight the progress of legislative reform and the contribution of administrative justice in promoting transparency in public procurement in Morocco. A comparison to other regulations seemed useful to inform us of any gaps and was an opportunity to learn from the experiences of the so-considered developed countries.Secondly, we tried to propose exploring the major problems that hinder the promotion of transparency in public procurement in particular and ethics in management of public life in general.

[pt] A área de compras, recentemente, sofreu um grande avanço em termos de pesquisa dentro do mundo acadêmico, com o crescimento significativo do número de publicações referentes ao tema. No contexto empresarial, compras deixou de ter apenas uma motivação operacional, assumindo, agora, uma importância estratégica. Como conseqüência, muitas empresas vêm desenvolvendo a sua área de compras, o que acontece também na Petrobras. O objetivo dessa dissertação é o de analisar o processo atual de compras dessa empresa para itens não estratégicos, com foco na Rlam (Refinaria Landulfo Alves). Nesse sentido, foram aplicados 18 questionários em entrevistas estruturadas com funcionários envolvidos com o processo de compras da Rlam. Como resultado, verificou-se uma aderência entre o planejamento de compras na empresa e a literatura acadêmica, porém a execução e a operação do que foi planejado necessitam de melhorias, pois estão, em alguns aspectos, atuando sob antigos paradigmas. Nesse sentido, a presente dissertação contribui com propostas. / [en] The purchasing area, recently, has passed through a great improvement in terms of research in the academic world, in which publications about this subject have increased significantly in the last years. In the business context, purchasing assumed a strategic importance, being now not just restricted to an operational motivation. As consequence, many companies have been developing their purchasing area, as has been happening also at Petrobras. The purpose of this dissertation is to analyze the current purchasing process for non-strategic materials in this company, specifically in Rlam (Landulfo Alves Refinery). In order to do this, eighteen questionnaires were applied in structured interviews with employees who are involved with Rlam purchasing process. As a result of the study, it could be concluded there is adherence between the purchasing plan and the academic literature, however the execution and operation of the plan need some improvement because they are, in some points, acting based on old paradigms. Reasoning this context, this dissertation contributes in offering improvement proposals.

Structural frames are widely used in sectors such as residential, education, commercial, health, retail, leisure etc. and the selection of a structural frame appropriate to a building s function and client needs is a key decision with significant short- and long-term implications. There is a wide choice of structural frame materials for building projects, i.e concrete, steel, timber, or masonry. Although many options are available, these tend to be based on structural steel or reinforced concrete for the simplest buildings. The nature of concrete frame buildings has developed significantly with the emergence of new technologies and innovations particularly in formwork, concrete as a material, and reinforcement developments. As a result, concrete frame construction has become a faster, more sustainable, and safer form of construction. However, competition from other framing materials such as steel have proved challenging. This research was initiated in response to this challenge and represents one organisation s attempt to deliver improvements in order to promote concrete in the UK structural frames market. The organisation is strongly focused on the continued development of concrete through design inspiration and construction efficiency, research strategy, education and training, new product and process innovation and the achievement of best performance of concrete in practice. The research programme was established to address issues that are considered by decision makers when choosing the optimum frame solution for a building project, and to identify how such decisions are made in practice. Both quantitative and qualitative research methods have been adopted during the EngD research including a literature review, industry questionnaire survey and case study. From an initial set of interviews, ten key issues were identified at the early stage of the research as being the most important affecting the structural frame selection for a building project. The structural engineer was found, unsurprisingly, to be the most influential decision-maker in the choice of frame at each stage of design process from a subsequent survey of cost consultants, project managers and clients. The survey also revealed that Design-Build is the preferred procurement route amongst developers of building projects, ranging from complex, high quality projects to simple buildings which suggested that most contractors must be getting involved earlier in the design process and thus could be influencing major decisions, such as the selection of a structural frame. Four case study project teams were examined, from which it was clear that contractors could be influential in the frame selection process if they had the willingness to build in a particular frame type (provided that the frame type selected meets the client s requirements). Key findings on the choice of frame in a Design-Build project and the various actions taken by the contractor were highlighted by the research, including the important role played in the decision-making process by more informed clients, who are much more likely to be influential in deciding on the frame type. Further work could be carried out to assess the specific benefits of early contractor involvement, the factors that affect the extent to which contractors get involved with structural frame decision making and the risk relationship between client and contractor. The findings of this work have been presented in five peer-reviewed papers.

The cladding industry is relatively independent and complex, having contemporary features in a rapidly changing sector of the construction industry. The increasing complexity of the cladding procurement and fragmentation of the supply chain bring challenges for making informed decisions. The purpose of this research was to study the cladding design and procurement process, in particular the decision making process. It was hoped to develop an integrated decision making mechanism within the context of the cladding supply chain. Based on preliminary exploration, a conceptual model of integrated communication and decision-making (ICDM) was proposed. Within this model, an Information and Communication (I&C) Hub acts as the pivotal platform of the information supply and communication in the supply chain and is managed by an industry level third party. It provides an effective and secure approach to information exchange and collaborative decision making. A questionnaire survey was the key method of this research, while industry meetings and informal interviews were employed to provide in-depth understanding of the communication related issues in the industry. It was found that the participants of the cladding supply chain were experiencing difficulties of identifying information sources and accessing information, and that an industry level third party acting as an independent information source could be accepted by the cladding industry. Therefore, the I&C Hub gained its necessity and partial feasibility. It was also found that training opportunity for practitioners was limited and the usage of ICT had a large potential for improvement. A number of modifications on the I&C Hub and information flows within the ICDM were proposed to enhance its practicality, and the enhanced model was presented and evaluated by an industry meeting. The conceptual model can only be completely validated by real cases; therefore, this study concluded with a recommendation for testing the framework in future pilot projects.

Corruption is an area that has intrigued plenty of political scientists. This thesis is an attempt to examine how corruption is affected by the sheer amount of public outsourcing with a sample of countries used in a qualitative multivariate analysis. The variables used to control the correlation are inspired by previous research on what causes corruption, while the sample of countries used are those countries that had representation in the indexes used between 2012 to 2015. The main findings are that spending more on public outsourcing tend to lead to slightly less corruption. These results are inconclusive since the main findings was a non-statistically significant when introduced to my set of control variables. However, there is a silver-lining to this inconclusiveness, that being to pinpoint a mechanism for outsourcing and/or corruption: civil wages.

The purpose of this thesis is to examine the intra-organisational processes used by businesses operating in the United Kingdom to narrow the gap between their socially and environmentally responsible procurement (SERP) policy and its implementation in buyer-supplier relationships. This is a response both to the wide variety of recent human/labour rights and environmental violations in corporate supply chains as well as to concerns that the corporate policies developed in response to stakeholder pressure regarding such violations may not be sufficient for the effective implementation of their remedy. This examination of corporate efforts to implement SERP policy initiates a line of research aimed at building a theory of internal SERP policy implementation. The theoretical lens used in the component studies of this thesis is a combination of organisational culture and the resource-based view (RBV) of the firm. The former is used to assess how top managers and procurement departments show support for SERP implementation. This is to say that aspects of their cultures are used to perceive this support. The organisational and human resources made available to the procurement department are considered to be the capabilities needed to translate this support into practice. Drawing on data from a survey of 340 buyer-supplier relationships and from two in-depth case studies of businesses operating in the United Kingdom, this thesis contributes both theoretically and empirically to the literature. Prime examples of this thesis‟ contributions include the mapping of commercial processes used to connect stakeholder rights and pressures to procurement activity; the identification of internal subgroups that affect SERP implementation; and the conceptual reconsideration of two core capabilities theorised to facilitate this process. Further research includes the replication of case studies; the consideration of supplier capabilities to implement buyer requirements; and how this research can be more aligned with extant supply chain strategy research.

This thesis is concerned with public procurement system in Ukraine. The aim of this thesis is to analyze the system with a focus on the risks, which are facing foreign applicants in public procurement. The paper presents the various elements of the procurement system: Creating and implementation of public procurement policy, regulation of public procurement; authorization and approval of procurement; realization of public procurement; feedback. In the thesis, a case study with the company Kvazar Plus has been realized. This company has great experience with the Ukrainian procurement. The results of the case study have been compared with the analysis of the World Bank. Case study confirmed some of the problems of the procurement system: Poor communication of the Ministry of Economy as the responsible body, hasty selection procedures due to the late receipt of funds into the budget, frequent delays of payments to candidates, lenghty provision of necessary documents, bank guarantee, previously often needed, strong competitive manufacturers with lower quality but cheaper goods and often disadvantageous contract terms for applicants. Other challenges for the candidate are: frequent change of legislation, public procurement duty of state enterprises, lobbying of the Ukrainian competition, pre-selected winner of some contracts and corrupt customs administration, which complicates and delays the delivery of goods to Ukraine.