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...

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.

What role has sourcing for the logistical outcome when Swedish Armed Forces (FM) plan for and conduct Peace Support Operations (PSOs)? What are the logistic needs to support the operating units? Can logistics in itself contribute to the overall goals with the PSOs? It depends of course on how the logistics are organised and what is required in order to support the military operations. The research on military logistics in general is limited and within the conduct of small nations forces almost non-existent. The role of sourcing depends on the military supply chain and FM decisions on make or buy, choice of market, number of suppliers and relations with the supplier. Therefore this thesis addresses how the sourcing decisions impact the military logistics in FM PSOs and the achievement of short-term and/or long-term objectives. The short term objectives represent the operational needs and the long term objectives represent the overall goals for PSOs. In order to understand the military logistics in PSOs a thorough review of the literature in the field was conducted. A second review was done with the focus on the four sourcing decisions. FM PSOs during the period 2002-2010 were studied. The case focused on  two on-going operations, in Liberia and in the Bay of Aden, and complementary information was collected from a third operation, in Afghanistan. Also the central processes in the headquarters and the connections upstream to the Swedish government and the international relations were studied. The case was built up by interviews, field visits and secondary data. For military logistics in PSOs, three areas on different levels, with in total twelve constructs of importance were developed. Of special importance is the logistic tier structure. The sourcing was one of four logistic key decisions. The sourcing decisions turned out to change between different logistic phases. One of the findings was that the decisions proved to be of importance for the logistic outcome. The make or buy decision enabled responsiveness in the logistics system in a hostile environment. Proximity between customer and supplier showed to be important for all phases in an on-going Peace support operation. Due to the security situation in PSOs, dual sourcing showed to be important in order to create redundancy in the supply chain. The supplier relations changed from arm’s length to partnership when an operation was initiated, which improved the responsiveness. The Swedish Public Procurement Act placed limitations on the procuring organisations to utilise the possibilities to be efficient and effective.

No description available.

Looking at newspapers nowadays, you are likely to see reports about public projects which turn out to be more expensive than estimated, sometimes even fourteen times the planned cost budget as in the case of the Sydney Opera. In order to gain a new insight on how this problematic could be improved, this paper aims to find correlations between the causes of deviations in public procurement and in the private market. Data from a on a global scale operating firm has been analyzed and compared to causes found in prior research. The questions this paper aims to answer are “Are causes and correlations found in smaller, private projects consistent with causes of cost overruns in public procurement?” and “Which implications and recommendations can be derived from the smaller dimension for the larger dimension of public procurement?”   After introducing the theoretical framework and its theories, the individual cost deviations and correlations of the different segments are introduced and analysed. As a result, one can see how the rational behaviour model and asymmetric information influence the estimated cost and that, in order to decrease the problematic of cost overruns, estimation techniques and especially the way contracts are constructed have to be improved. Furthermore, positive correlations between the size of cost deviations and number of employees, possible chain of events and pay offs between

Galimybę pasinaudoti teise į žalos atlyginimą viešuosiuose pirkimuose vertėtų laikyti vienu iš kertinių elementų, galinčių padėti užtikrinti viešųjų pirkimų procedūrų viešumą, skaidrumą, atitikimą teisės aktų reikalavimams. Šio darbo tikslas – nustatyti teisės į žalos atlyginimą efektyvaus įgyvendinimo ypatumus, visapusiškai išnagrinėti kiekvieną iš būtinų sąlygų civilinei atsakomybei dėl žalos viešuosiuose pirkimuose padarymo kilti, apibendrinti Lietuvos teismų ir Europos Teisingumo Teismo praktiką. Darbe analizuojama teisė į žalos atlyginimą viešuosiuose pirkimuose (VPĮ 96 straipsnio pagrindu) ir kiti VPĮ V skyriuje įtvirtinti tiekėjų teisių gynimo būdai, aptariami jų tarpusavio ryšiai. Darbe dėmesys taip pat skiriamas sąžiningų tiekėjų pareigai ginčyti neteisėtus perkančiosios organizacijos veiksmus VPĮ V skyriuje numatyta tvarka. Siekiant išsamesnės teisės į žalos atlyginimą viešuosiuose pirkimuose instituto analizės, darbo pradžioje identifikuojamas subjektų, turinčių teisę į žalos atlyginimą viešuosiuose pirkimuose, ratas, o kitose dalyse aptariama kiekviena iš civilinei atsakomybei dėl žalos viešuosiuose pirkimuose padarymo kilti būtinų sąlygų: kaltė, neteisėti veiksmai, žala ir priežastinis ryšys tarp neteisėtų veiksmų ir žalos. / One of the principal elements in the scope of public procurement is the ability to obtain damages, which ensures the transparency, publicity of public procurement procedures and meeting the requirements of law. The purpose of this study is to evaluate the singularities of the effective claim for damages, to scrutinize every condition for the civil liability in the scope of public procurement, to overview and summarize cases of Lithuanian courts and the European Court of Justice. The right to damages in the field of public procurement (Article 96 of the Law of Public procurement of Lithuania) and other remedies for civil rights protection are analyzed in this study, identifying connection between those remedies of civil rights protection. Attention is being paid to the duty of fair supplier to file a claim about the actions or decisions of the contracting authority under the Part V of the Law of Public Procurement of Lithuania. Seeking for the exhaustive analysis of the right to damages in the beginning of the study the group of subjects having right to claim for damages is being identified, in other parts of the study - every condition for the civil liability in the field of public procurement is analyzed: existence of fault, existence of damages and existence of a causal link between the fault and the claimed damages.

The idea of sustainability is widespread, but it often remains unclear how the idea travelled and how it is translated into practice. In this thesis it is analysed how public organizations translate sustainability into action through Sustainable Public Procurement (SPP). First, an overview of translation theory and previous research on SPP is given. Basing on an empirical analysis, two cases of public organizations in Sweden and Germany that integrated SPP in their strategies are described and analysed. It is revealed that translation theory applies to the two cases and that the theory is useful to explain how the concept of sustainability is acted upon. Characteristics of processes of translation can be observed in both cases, indicating that the translation of the same idea can result in different practices and outcomes. It is found that although both public organizations use the same term, the way SPP is implemented and practiced differs highly. The thesis includes reflections on this different outcome and considers the importance of local contexts and actors.

Submitted by Tatiana Lima (tatianasl@ufba.br) on 2016-05-24T21:02:00Z No. of bitstreams: 1 REIS, Paulo Ricardo da Costa.pdf: 1671760 bytes, checksum: 238ffc0428e4da85baad0595de2216e4 (MD5) / Approved for entry into archive by Maria Angela Dortas (dortas@ufba.br) on 2016-06-13T17:20:03Z (GMT) No. of bitstreams: 1 REIS, Paulo Ricardo da Costa.pdf: 1671760 bytes, checksum: 238ffc0428e4da85baad0595de2216e4 (MD5) / Made available in DSpace on 2016-06-13T17:20:03Z (GMT). No. of bitstreams: 1 REIS, Paulo Ricardo da Costa.pdf: 1671760 bytes, checksum: 238ffc0428e4da85baad0595de2216e4 (MD5) / Ao longo dos últimos anos, vários governos em todo o mundo vêm promovendo transformações para reformar seus sistemas de contratação pública. Nesse sentido, diferentes regulamentações e mecanismos de governança têm sido criados em conformidade com o contexto institucional de cada país. No Brasil, por exemplo, observam-se, desde a implementação da Lei Geral de Licitações em 1993, as experiências ligadas ao desenvolvimento do Portal de Compras do Governo Federal (Comprasnet) para suportar processos eletrônicos de aquisições de vários tipos de bens e serviços, por meio da modalidade pregão, instituída em 2002; a introdução de um programa de preferência para prover apoio às micro e pequenas empresas, implementado através da Lei Geral da Micro e Pequena Empresa de 2006; e a ampliação da discricionariedade dos agentes públicos no processo de contratação, por meio do Regime Diferenciado de Contratação de 2011. Não obstante, em que pesem o número de mudanças empreendidas e a crescente preocupação com aspectos ligados ao desempenho das licitações públicas no Brasil, verifica-se que a produção acadêmica nas áreas de administração e administração pública tem sido limitada. Destarte, utilizando bases de dados únicas, que incluem diferentes modalidades de licitação e diferentes tipos de objetos, obras e serviços adquiridos pela administração pública federal, no presente trabalho, investiga-se o desempenho das compras públicas brasileiras tendo como base as mudanças institucionais, promovidas por novas regulamentações. Os principais resultados sugerem efeitos positivos em cada uma das experiências investigadas, porém, os achados também advertem que elas possuem efeitos distintos nas variáveis de desempenho observadas. Adicionalmente, os resultados indicam que, independente da experiência observada, fatores estratégicos associados ao ambiente competitivo, às capacidades inerentes aos agentes envolvidos nos processos e aos atributos transacionais influenciam o desempenho das compras públicas. Nesse sentido, este trabalho oferece um conjunto de evidências empíricas sobre os resultados alcançados a partir das mudanças institucionais nos procedimentos de compras públicas, e defende a necessidade de melhorias nas ferramentas que estão atualmente à disposição dos gestores de compras públicas Over the last years, governments around the world have been promoting changes to reform their procurement systems. In this direction, different regulations and governance mechanisms have been established in accordance with the institutional context of each country. In Brazil, for example, can be observed from the implementation of the General Public Procurement Law in 1993, the experiences related to the development of Comprasnet (the Brazilian procurement bidding platform) to support electronic processes to purchasing various types of goods and services through reverse auction, established in 2002; the introduction of a preference program to provide support to micro and small enterprises, implemented through the General Micro and Small Enterprise Law in 2006; and the expansion of the discretion in the hiring process through Regime Diferenciado de Contratação in 2011. Nevertheless, despite the number of changes undertaken and the growing concern about the issues linked to performance of public procurement in Brazil, it turns out that academic research in the areas of management and public administration has been limited. Thus, using a unique set of databases that include different types of bidding and different types of objects, works, goods and services purchased by the federal government, the present study investigates the performance of the Brazilian public procurement system based on the institutional changes promoted by the new regulations. The main results suggest positive effects on each of the experiences investigated, but the findings also warn that they have different effects on performance variables observed. Additionally, the results suggest that, regardless of observed experience, strategic factors associated with the competitive environment, the capabilities inherent to the agents involved in the processes and transactional attributes influence the performance of public procurement. In this way, this paper provides a set of empirical evidence on the results achieved from the institutional changes in the Brazilian public procurement procedures, and argues for the need for improvements in the tools that are currently available to public sector procurement offices.

abstract: This dissertation is an exploratory study that examined the differences in perceptions about supply chain management strategy, topics, tools, and techniques between procurement professionals in public and private sector organizations. This was accomplished through a survey of procurement professionals in a Fortune 500 company and a municipality in Arizona. The data were analyzed to understand how perceptions of supply chain management differed within this sample and whether the differences in perceptions were associated with formal education levels. Key findings indicate that for this or similar samples, public procurement respondents viewed their organizations' approach to supply chain management as a narrow function within purchasing while private sector respondents viewed their organization's approach to supply chain management as a strategic purchasing perspective that requires the coordination of cross functional areas. Second, public procurement respondents reported consistent and statistically significant lower levels of formal education than private sector respondents. Third, the supply chain management topics, tools, and techniques seem to be more important to private sector respondents than the public sector respondents. Finally, Respondents in both sectors recognize the importance of ethics and ethical behavior as an essential part of supply chain management. / Dissertation/Thesis / Ph.D. Public Administration 2013