Possible remedies for incorrect procedure used by contracting authority in public procurement Abstract The aim of the diploma thesis is to provide analysis of incorrect procedures of contracting authority in public procurement and possible remedies. Particularly from the position of the contracting authority itself and partially from the position of the economic operator, who is able to initiate corrective measures through the institutes of protection against irregular practices of contracting authority. The submitted thesis also deals with certain interpretative problems of the contemporary legislation of public procurement, which may be directly related to the mistakes of the contracting authorities. The first chapter discusses basic concepts of public procurement law and delineates exemplary conduct of one of the typical types of procurement procedure, namely open procedure. The second chapter deals with frequent mistakes and possible remedies of those mistakes by the contracting authority within the time limit for the submission of tenders. The focus of this chapter is on the procurement documents, its explanation and alteration or supplementation. The third chapter follows the second chapter, because it deals with incorrect procedure used by contracting authorities and possibilities of their remedies...

Amendment of public contract Abstract Amendment of public contract is a small but important part of all public procurement regulation, which, among other things, helps to spend public funds efficiently, prevents corruption, ensures transparency and equal treatment of suppliers and enables contracting authorities to respond to circumstances requiring a change in their contractual relations with suppliers without increased time or administrative demands. The first part of this thesis describes the basic concepts important for understanding the legal regulation of amendment of public contract and outlines the historical development of this area, both at the European and national level. In the following, and at the same time crucial, part, the thesis analyzes in detail the effective legal regulation of amendment of public contract. In this analysis, considerable emphasis is placed on the case-law of the Office for the Protection of Competition, domestic courts and the Court of Justice of the European Union, which is tremendously important for the interpretation of individual legal rules. The thesis also tries to provide specific examples of permitted and prohibited amendments from the case-law of the mentioned bodies. The thesis also deals with individual deviations of the legal regulation of sectoral public...

Mit Wirkung zum 18. April 2016 ist das Vergaberecht in Deutschland neu geregelt worden. Anlass für die Neuregelung war die Umsetzung dreier EU-Richtlinien in nationales Recht. Die neuen Regelungen finden sich im Wesentlichen im geänderten Gesetz gegen Wettbewerbsbeschränkungen (GWB) und der geänderten Vergabe- und Vertragsordnung für Bauleistungen Teil A (VOB/A) sowie der neuen Vergabeverordnung (VgV), der neuen Sektorenverordnung (SektVO) und der neuen Vergabeverordnung Verteidigung und Sicherheit (VSVgV).

There have been moves towards greater localization in our approaches to the economy and services we consume, especially within the sphere of food. In particular, self-sufficiency approaches have increased in interest to utilize and create a resilient local food system, as this shields an area from the uncertainty and fluctuation of global trades while securing local development. This qualitative study aims to develop an understanding of how two municipally owned food productions, promoting locally produced food, local development and self-sufficiency, can be seen and understood when balanced with national and regional strategic goals concerning food, procurement and regional development within a multi-level governance framework. A multiple combination of methods is used to triangulate understandings of the projects: interviews with municipal, regional and national governmental level was conducted as well as content analysis of strategic documents. The regional and national level could be seen to agree on the processes and several effects the municipally owned food productions entail. However, disagreements were raised concerning the economic aspects that the municipally owned food productions result in, such as costinefficiency and lost ability to use procurement to create societal change and development. It could be seen that the municipalities run these food productions because it secures food supply from a certain favorable production, while also generating several other benefits due to its production promoting local sustainable development through resilience.

Systemic corruption is a common term amongst scholars and practitioners, yet there is sparse conceptual agreement and substantive analysis within the discourse. Regardless of the current deficit, there is considerable pioneering space and advantages to contrast against the overwhelming emphasis on individuals. This paper aims to broaden the conceptual scope of systemic corruption research through a pattern-to-process mixed-methods design. The design combines empirical data from the public procurement sector analyzing the spatiotemporal patterns of network behavior with a descriptive account of processes from in-depth interviews. The empirical approach statistically distinguishes the performance differentials of public procurement awards amongst firms that exhibit the characteristics of political influence from those that do not. This paper operationalizes that political influence is corruption when a public official would not have made the same decision without the special consideration of political affiliation, contribution, or network connection. After stripping away explanatory factors for firm competence, the data reveals that firms with influence characteristics win substantially more and more often performing similar work. The usage of geospatial cluster analysis, in conjunction with field...

This qualitative case study focused on transparent public procurement. In the first three parts, the entire procurement process as well as the economic, legal and public policy definition were described through document analysis and secondary data analysis. The issue of the transparent behavior of the contracting authorities and the publication of relevant information was assessed more in detail. This fullfill the first secondary goal of the thesis - to describe the entire tender process and describe the transparent behavior associated with public procurement. The fourth part focuses on secondary analysis of data on the theoretical anchoring of the phenomenon. In the fifth part, the research analyzes the behavior of 12 selected public contracting authorities and tenderers using the mentioned qualitative methods. The answers of respondents are compared using tables and diagrams as well as the theoretical background. This was the second part of the thesis - to bring together the opinions and experience of the contracting authorities and tenderers and to compare them with the theoretical background. The benefit of the work is the development of a possible proposal how to improve the current situation in the area of contract transparency, thus fulfillment of the third secondary partial goal of the...

The aim of this thesis is to analyse factors that contributes to public procurement overpricing in the Czech Republic. The paper combines use of quantitative and qualitative research methods. Existence of competition effect is proved, thus increase of competitors in selection procedure causes that final price decreases. Non-transparent suppliers in terms of traceability of beneficial owner is detected as next factor that contributes to overpricing. Also some types of contracts are showed as more problematic than others. Results of qualitative part of the research reveal other causes of overpricing, such as corruption, weak institutional environment or behaviour of public authorities. Public policy recommendations are presented at the end of the paper in order to improve current state of affairs.

Anonymous Companies and Public Procurement: Evidence from the Czech Republic Abstract This thesis follows up on previous research concerning inefficiencies linked to tenders awarded to anonymous companies. After anonymous shares were abolished in 2014, the question is whether similar inefficiencies can be detected in the case of companies that ceased to be anonymous. A balanced sample of formerly anonymous companies and their comparable peers was constructed via a matching algorithm. A Welch unequal variance t-test was then used to check whether a disproportionate drop in selected performance indicators and in the share of formerly anonymous companies on total volume of public procurement can be detected. A linear regression model was further applied to inquire about the effect of anonymity and former anonymity on tender-specific savings. The results show that anonymity significantly contributes to lower tender savings, but no similar negative effect can be found in case of formerly anonymous companies. Profitability of the formerly anonymous companies also decreased, but no long- term drop in tender volume was found, indicating that a large portion of the inefficiencies can be traced back to well-established businesses rather than special purpose shells. This thesis thus extends the present research in the...

This diploma thesis deals with the evaluation of the quality of institutions illustrated with example the risk of corruption in public procurement, and the impact of the quality of institutions on the regional competitiveness. Specifically, it focuses on the relationship between corruption risk in public procurement and indicators of the quality of government, economic performance and innovation performance. The theoretical part deals with the role of institutions in regional development, and institutional factors influencing the competitiveness and innovation performance of regions, as well as corruption and its manifestations in public procurement. The empirical part presents the European interregional differences in the level of corruption in public procurement, and the impact of corruption in public procurement on the quality of government, economic performance and innovation performance. Research shows the corruption in public procurement determines the quality of government across European regions, especially in Western and Central Europe. On the other hand, corruption in public procurement has little effect on the economic and innovation performance of regions. Key worlds: institution, innovation, competitiveness, corruption, public procurement

- Development of decision-making in the field of public procurement As the title of the dissertation suggests, its content is an analysis of decision-making in the field of public procurement, including its evolution. The dissertation is divided into three main chapters, namely the general conclusions on the legal regulation of the review of the procedure of contracting authorities, a specific analysis of decision-making practice and proposals for legal regulation de lege ferenda. In general, the dissertation focused on both national review and the supervision of public procurement by the EU institutions. The dissertant focused mainly on the description of the motion proceedings and ex officio proceedings, the imposition of corrective measures and also the legal regulation of offenses. In the chapter on the summary of general legislation, the dissertant also briefly described the role of the The Office for the Protection of Competition ("Office") and national administrative courts, as well as the role of the Constitutional Court. In the chapter on decision-making practice in the field of public procurement, which is a key part of the dissertation, the dissertation analyzed the issued decisions, especially in the period after the entry into force of the new Public Procurement Act. The described...