Open and narrower public tender The goal of my diploma thesis is to analyze public tenders in their open and narrower forms. In order to achieve my purpose, for my background information I utilize the Act no. 137/2006 Coll., on Public Contracts with the emphasis on the so-called "Large" amendment to the act on Public Contracts (no. 55/2012 Coll), which was passed in order to make public tenders more transparent, reduce or even clear off corruption from the process of public tenders a lastly to increase the effectiveness of spending public money. Literature is also widely used as sources of information for my thesis. Throughout my diploma thesis, I evaluate the contemporary legal state of public tenders, as well as the view of society on the topic. My diploma thesis consists of nine chapters. The first chapter offers insight into public tenders in the light of European Union Law, from which the Act no. 137/2006 Coll., on Public Contracts rises. Chapter two addresses the basic terminology and principals on which the Act stands upon. Having an understanding of these principles is necessary in order to make a deeper evaluation of public tenders. In order to have integrity of the subject, the third chapter outlines all the types of public tenders which are known in the Act no. 137/2006 Coll., on Public...

Selected issues of public procurement - tender requirements This thesis deals with the public contracts from the perspective of an important institute - "tender requirements". The thesis looks at the issues of tender requirements from perspective of the contracting authority in an open procedure. In the introduction (chapter I) thesis is briefly interpreted by the systematic and historical incorporation of law of public contracts. In the second chapter of the thesis tender requirements are unloaded according to the section 17 subparagraph l) Public Procurement Act, including the definition of the requirements of the contracting authority shall not, without complying with the terms and conditions. The third chapter includes the interpretation of the qualifications which are the nearest institute of tender requirements. In addition to the general definition and enumeration of each qualification it is summarized the common features of both group requirements. Whereas there is not a full list of tender requirements, some of the most important of them are enumerated in the fourth chapter. In the fifth chapter defines the circumstances that must be satisfied that the adjudicating entity validly established tender requirements. This is not only about the requirements for compliance with substantive requirements,...

The topic of this diploma thesis is The course of restricted bidding procedure in public procurement. It is one of nine types of award procedures which are allowed by act on public procurement. The thesis is compiled with respect to short effectiveness of new Act. Nr. 134/2016 Coll., on public procurement, its main legislative source, which is however on many places compared to foregoing Act. Nr. 137/2006 Sb., on public procurement, as amended. In the first section of the thesis there is short excursion into history of public procurement. Second part is dealing with legislation regulating public procurement, namely European legislation, local laws and decrees. Third section is defining major terms relating to public procurement. In fourth section the discussed issues are being narrowed down to above-the-threshold public contracts, by which the usage of the restricted procedure is not limited by any conditions as other types of award procedures usually are. All other types of award procedures which can the contracting entity chose for above-the-threshold public contracts are shortly discussed in this section. Fifth section is discussing initiation of award procedure, submission of requests to participate, tenders, their submission and opening. Sixth part is dedicated to assessment of tenders and...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-06-13T12:25:32Z No. of bitstreams: 1 João Negrini Neto.pdf: 661479 bytes, checksum: 0bc3941c07bdd5eaf535c6fcb7df45f5 (MD5) / Made available in DSpace on 2018-06-13T12:25:32Z (GMT). No. of bitstreams: 1 João Negrini Neto.pdf: 661479 bytes, checksum: 0bc3941c07bdd5eaf535c6fcb7df45f5 (MD5) Previous issue date: 2018-04-04 / During the execution of a public works contract, it is very common for the contractor to encounter inaccuracies in the projects franchised by the administration or unforeseeable circumstances that require adaptation of the contracting scope. There are situations, even in which the contractor is led to execute these non-contractual installments, regardless of the inclusion in the scope of the contract by means of a previous addition. In this study, we identified how the legal system deals with this issue in the face of the constitutional duty to maintain the economic-financial balance of administrative contracts. We deal with the aspects related to the general theory of private contracts and the specifics involved in the legal regime of administrative contracts for public works. We delimit the scope of subsidiarity from the application of the former in reaction to the latter. We evaluate the theory of unilateral acts, especially business management and unjust enrichment. In the end, we rehearse the application of the theory of unilateral acts to public works contracts as a basis to guarantee the fair remuneration of the services executed at the risk of the particular in the context of these contracts, without previous modification contractual / Ao longo da execução de um contrato de obra pública, é muito comum que o contratado se depare com imprecisões nos projetos franqueados pela Administração ou circunstâncias imprevisíveis que demandam a adaptação do escopo da contratação. Há situações, inclusive, em que o contratado é levado a executar parcelas extracontratuais, independentemente da sua inclusão no escopo do contrato por meio de aditamento anterior. Neste estudo, identificamos como o sistema jurídico trata dessa temática em face do dever constitucional de manutenção do equilíbrio econômico-financeiro dos contratos administrativos. Enfrentamos os aspectos atinentes à teoria geral dos contratos privados e as especificidades incidentes no regime jurídico dos contratos administrativos de obra pública. Delimitamos a abrangência da subsidiariedade da aplicação da primeira em relação aos segundos. Avaliamos a teoria dos atos unilaterais, especialmente de gestão de negócios e de enriquecimento sem causa. Ao final, ensaiamos a aplicação da teoria desses atos unilaterais aos contratos de obra pública como fundamento para garantir a justa remuneração dos serviços executados mesmo que por conta e risco do particular no bojo desses contratos, sem a prévia alteração contratual

Thesis (MPA.) --University of Limpopo, 2005 / Refer to document

This research questions whether there is evidence that contract performance measurement is influenced by the social structure in which it is embedded. I question whether the strong ties between a prime contractor and its subcontractors lead to higher performance scores in public contracting. I also question if prior relations between a Georgia Department of Transportation (GDOT) manager and the private firm project manager whose work is being evaluated lead to higher performance scores.

Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm and clear and for the municipality to ensure satisfactory implementation of outsourcing projects, including contract management. This thesis examined the policy and legislative framework governing municipal outsourcing and described the general features of a range of current South African outsourcing contracts. It also questioned whether the policy and legislative framework are consistent in their objectives and assessed how these objectives are carried through and translated into the contract drafting and implementation phases of outsourcing.

Univ., Diss.--Münster, 2004.

Univ., Diss.--Mainz, 2004. / Literaturverz. S. XV - XXII.

Thesis--Kutztown University of Pennsylvania, 1990. / Source: Masters Abstracts International, Volume: 45-06, page: 2923. Abstract precedes thesis as 5 preliminary leaves. Typescript. Includes bibliographical references (leaves 106-114).