The concept and types of public procurement contracts The title of the thesis is "The concept and types of public procurement contracts". The thesis is based on current legislation of public procurement law (Act No. 137/2006 Coll., on Public Contracts), which is heavily influenced by European Union legislation. The basic purpose of public procurement law is to regulate the effective distribution of public funds. The basic aim of this thesis is an analysis and evaluation of some basic legal institutes of public procurement law. The thesis is divided into four chapters: The first chapter can be considered as an introduction. This chapter is divided into three parts. The first part includes a short definition of the law on public procurement. Public procurement law is divided into two main areas (1. awarding public contracts; 2. revision of the awarding process). Finally, this part describes the position of public procurement law in the Czech legal system. Part Two deals with the legal sources of this type of law (national, international, European Union) and its development on the national level. In the third part are defined the basic principles of procurement law: principle of transparency, principle of equal treatment and non-discrimination principle. The second chapter is divided into two parts....

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published_or_final_version / Real Estate and Construction / Master / Master of Science in Construction Project Management

Privatization has become a central feature of the economic policies of nations in the developed and developing world. Eritrea has also embarked on a privatisation program for the state-owned enterprises. It privatised 39 manufacturing enterprises from 1997-2001 in the hope that the enterprises might be restructured into more efficient, profitable, competent and value creating private enterprises. This thesis assessed the impact of privatisation on the operating efficiency, profitability, employment, wages and tax payment of the Eritrean newly privatised manufacturing enterprises.

Public contracts constitute a special method of making contracts, where one side is represented by a public contractor, who intends to expend public funds. There are legal adjustments aimed to make this expenditure effective and economical. The domain of public contracts is also significant for the European Union, and there are standard procedures which should guarantee that subjects from any member state can apply for the public contracts. Consequently the public contracts adjustment is also included in the European law, in the form of directions. The topic of public contracts is a very complex one, therefore in my research I concentrate only on its more important aspects. First, I follow the historic development in this domain and how it was influenced by European law. Then I discuss the main institutes of public contracts, such as the definition of public contract itself, individual assignment procedures, the issue of qualification, methods of offer evaluation and law supervision. In the final part I provide some findings from application practice. Basic conclusions of my work identify the excessively complicated and formal legal regulations, which are often consequence of frequent changes of public contracts legislation, to be a main obstacle for the proper law application. In my opinion, the solution to this situation should consist in stabilizing the legal regulations in its present form. This would mean that the emerging problems could be solved by judicial doctrina.

Contribuições de campanha afetam decisões públicas ou a atuação pós-eleitoral de atores políticos? Cientistas Políticos debruçam-se sobre esta questão há bastante tempo. No entanto, as respostas obtidas foram sempre ambíguas. Argumenta-se aqui que esta ambigüidade é em parte resultado de dificuldades metodológicas, muitas vezes malendereçadas, enfrentadas pelos analistas, como os problemas relativos a simultaneidade, a variáveis omitidas, geralmente não-observáveis, e ao estabelecimento do contrafatual adequado. Neste trabalho procuraremos contornar estes problemas através da utilização do método quase-experimental de regressão descontínua. Especificamente, iremos examinar a relação entre contribuições de campanha e a alocação de contratos públicos no Brasil. A pergunta a ser respondida é: existiu efeito de se exercer o mandato de deputado federal sobre os contratos públicos futuros recebidos por doadores dos candidatos na eleição de 2006? A conclusão a que se chegou foi de que a análise realizada nos permite afirmar que ter exercido ao menos um ano do mandato de deputado federal parece ter influenciado a quantidade de contratos públicos recebidos pelos doadores de candidatos eleitos por pequena margem na eleição de 2006, no Brasil, se consideramos apenas empresas que doaram para eleitos e apenas empresas que doaram para não-eleitos. / Do campaign contributions affect public decisions or the post-election actions of political actors? Political Scientists have battled this issue for a long time. However, the responses achieved have always been somewhat ambiguous. In this work it is argued that this ambiguity is partly the result of methodological difficulties, poorly addressed at many occasions, faced by the analysts, such as the problems of simultaneity, omitted variables, generally unobservable, and the establishment of the appropriate counterfactual. In this work we will try to circumvent these problems by using the quasi-experimental method of regression discontinuity. Specifically, we will examine the relationship between campaign contributions and the allocation of public contracts in Brazil. The question to be answered is whether there was an effect of exercising the mandate of federal deputy on future contracts received by donors to federal deputy candidates in the 2006 election? The conclusion reached was that the analysis allows us to affirm that having exercised at least one year of office for a federal deputy seems to have influenced the amount of contracts received by the donors of candidates elected by small margins in the 2006 election, in Brazil, if we consider companies who donated only to elected candidates and only to non-elected candidates.

This thesis analyzes the problem of corruption in the Mexican government procurement system, aiming to provide a mix of legal and policy solutions to combat and prevent it. Comparing the policies and laws that make up the regulatory framework of public procurement in Canada and Mexico, this study seeks to extract the best practices that can improve the Mexican system. This text illuminates how the weaknesses within Mexico’s procurement system has provoked the current exploitation of alternative procurement methods (known as “adjudicación directa” and “invitación a cuando menos tres personas”) to embezzle public resources through fictitious contract awards. Although we have seen a tendency towards including requirements for “transparency” and “accountability” into Mexican procurement law, this on its own is insufficient to combat corruption. Consequently, I argue that procurement units have to enhance these transparency policies by disclosing the rationale behind every procurement and contract award prior to the disbursement of the resources; having competition as the maximum principle to fulfill while doing so. This will allow auditing bodies (and Mexican citizens) to scrutinize the rationale behind these disbursements. The Public Function Secretary could oversee this process to validate the legality and the social benefit justifications claimed by the procurement units prior to utilizing alternative procurement methods.

Thesis (M. P. A.)--University of Hong Kong, 2006. / Title proper from title frame. Also available in printed format.

Thesis (M.S.)--Naval Postgraduate School, 2003. / Title from title screen (viewed May 14, 2004). "June 2003." Includes bibliographical references (p. 127-129). Also issued in paper format.

Thesis (M.S.)--Naval Postgraduate School, 2003. / Title from title screen (viewed Oct. 10, 2003). "June 2003." Includes bibliographical references (p. 101-106). Also issued in paper format.