Thesis title:Special modes of contracting by entrepreneurs This paper deals with the specific ways of closing a contract regulated by the Civil Code, such as auction, public tender and public offer. However, before proceeding to the very subject of this work, it is necessary, at least in the essential features to say, what is a contract and what is the typical way of closing a contract, when it is afterwards discussed what is the special ways of closing a contract. The first chapter deals with the concept of a contract and a typical way of closing it. The second chapter summarizes how to deviate from a typical way of concluding contracts and what arrangements are then used for this procedure. Since this work is aimed at entrepreneurs, so it deals with the specific ways of closing a contract particularly from their point of view. Therefore the paper firstly defines who is an entrepreneur according to the Civil Code and how the rules for contracting are different in regard to entrepreneurs. Although it is not a way of concluding a contract, at the end of the second chapter, a brief description of the public promise is provided, so that it can be judged which legal action results in the conclusion of a contract and which is a public promise and creates an obligation to provide performance without...

Facility management is one of the key business operations of a firm, which enables the firm to cut its costs substantially and to save considerable financial resources. One of the possibilities is to outsource part of the responsibility for secondary cost onto external suppliers, who provides a higher quality operation management at a lower cost. In the case of a public submitter, with a regard to management of public sources, a transparent selection procedure of an external supplier is necessary to compare the offers and select the best one. A facility manager has to face a difficult task of setting the selection procedure in a transparent way, ensuring that no subject would be favoured, and it would allow selecting a supplier providing the best possible quality, time and the lowest cost. A public tender need to be put up in a way to enable an enrolment to as many subjects as possible, among whom the optimal offer would be chosen, in terms set in advance.

The presented thesis addresses selected questions within the topic of public tender competitions, with focus on defining the term "public tender" and defining different types of public tenders. The thesis attempts to explain current legal environment of public tenders with regard to the amendment which has entered into force on September 15, 2010, and which has altered certain establishments of the Public Tenders Act. Alternations occurred also in the establishments focused on in this thesis; and because there has been no statutory interpretation or judicature yet, this thesis attempts to shed light on the implications of the amendment on the selected establishments. Definition of the term "public tender" is crucial from the viewpoint of full compliance of the Public Tenders Act; therefore, definition of the term along with its proprieties is one of the core topics of this thesis. Connected to this topic is also the question of proper definition of the term contracting authority, and assortment of subjects into correct contracting authority categories. This assessment is deemed fundamental for public tender competition. The thesis attempts to analyze situations where contracting authority specification is ambiguous. The case of ČEPRO, a.s., was chosen as a practical example to demonstrate such...

The purpose of writing this thesis is to analyse the most important aspects of concluding a contract resulting from public tender. The thesis is composed of three main chapters. The first chapter deals with the definitions of basic terminology in the field of public tender, the purpose of the public procurement procedure and legislation related to the concluding a contract resulting from public tender. The second chapter concerns with the most important and the most interesting aspects of the final phase of public procurement procedure. I point out that the bidder is bound by its offer and that he has the obligation to cooperate when entering into the contract within specified period of time. In this part of the thesis I also describe the procedure of concluding small-scale public contracts and the procedure of concluding a contract resulting from public tender based on framework agreement. I also examine the publication of contracts in relation to the proposal of Register of Contracts Act. The third and final chapter is focused on the possibility of changing the contract resulting from public tender. In this context, I mention the case law of the Court of Justice of the European Union, especially key decision Pressetext. On the basis of this decision new provision related to the prohibition of...

The aim of this diploma thesis is to analyze the impact of openness (competition) to the final price of public tender. The openness is presented by a number of bids offered to a tender and is compared to the level of savings, i.e. ratio of final and assumed value of the tender. The analysis is done on a data set of tenders of works published in the year 2013, which contain 5065 tenders. Based on correlation and regression analysis, the impact of openness was confirmed, concretely each additional bid decrease final price of tender by 2,36 percent. Recommendations for changes of the tender handling are stated at the end of the thesis.

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...

This thesis aims to discuss the process of concluding contracts resulting from public tender, and its comparison with the draft law on procurement procedures approved by the Czech government. The thesis describes the current legislation on concluding contracts resulting from public tender and its subsequent amendments in three separate chapters. The first chapter briefly defines the basic terminology of the public procurement procedure, which is crucial for the whole process of concluding public procurement contracts. The second chapter deals with selected aspects of conclusion of public procurement contracts in open procedure. These aspects are commencing of tender procedure, boundness of the submission of tender, security, opening of envelopes with submissions, and the selection of the best submission and obligations of public authorities after conclusion of public procurement contract. Chapter three is the most detailed part of the thesis, which deals with changes in public procurement contracts. Chapter three first describes the development of the case law of the Court of Justice of the European Union, and then is followed by changes in the subject of public procurement contracts and changes in the contracting parties of public procurement contracts. Powered by TCPDF (www.tcpdf.org)

Made available in DSpace on 2016-04-26T20:19:40Z (GMT). No. of bitstreams: 1 Renata Fiori Puccetti.pdf: 649184 bytes, checksum: b522eb74d7a5b5bc5824a9832320682e (MD5) Previous issue date: 2010-11-30 / The paper concerns an investigation of the legal regime of infractions and penalties applicable to private agents in the subject-matter of public tenders and administrative contracts, and address questions related that comprise the analysis of the infractions and sanctions in species, existent in the Brazilian legal system, the presuppositions and procedures to the verification and sanctioning, as well as acquaint their aspects and extension. Are types of special relationship of submission, characterized by the bond of differentiated approximation, what entails to acknowledge its differentiated legal regime from ordinary relationship of submission, within the sanctioning administrative law / O objetivo deste trabalho é fazer uma investigação do regime jurídico das infrações e sanções aplicáveis aos particulares, em matéria de licitações e contratos administrativos e abordar questões correlatas que abrangem a análise das infrações e sanções em espécie, previstas no ordenamento jurídico brasileiro, os pressupostos e procedimento para apuração e sancionamento, bem como conhecer-lhes as feições e extensão. São espécies de relação de sujeição especial, caracterizadas pelo vínculo de aproximação diferenciado, o que implica reconhecer-lhe regime jurídico diferenciado das relações de sujeição geral, dentro do Direito Administrativo Sancionador

Made available in DSpace on 2016-12-23T14:21:20Z (GMT). No. of bitstreams: 1 Hanne Cardoso de Rezende Zamprogno.pdf: 1208142 bytes, checksum: 7961b44520cb70f233a67d3a0766c842 (MD5) Previous issue date: 2013-12-12 / A Administração Pública, para realizar a aquisição de bens, deve fazê-la por meio de procedimento licitatório. A lei de licitações estabelece que, preferencialmente, as compras deverão ser realizadas por meio do sistema de registro de preços. O sistema de registro de preços é um procedimento licitatório, na modalidade pregão ou concorrência, através do qual será escolhida e registrada a proposta mais vantajosa para Administração. A Polícia Militar do Espírito Santo (PMES), órgão do poder executivo estadual, a partir do ano de 2007 passou a utilizar gradualmente esse sistema para a aquisição de bens. Face à essa mudança nas compras públicas da PMES, indagou-se como a utilização do sistema de registro de preços, na prática administrativa para aquisição de bens, pode ser mais vantajosa para a PMES. Este trabalho objetivou analisar o uso desse sistema nas compras públicas realizadas pela PMES no período de 2007 a 2012, em comparação com as compras públicas realizadas por licitação convencional, a fim de potencializar suas vantagens e minimizar suas desvantagens. Para tanto, utilizou-se de uma abordagem qualitativa de pesquisa, com natureza descritiva, para expor as caraterísticas desse fenômeno, e como técnica de pesquisa o estudo de caso. Buscou-se identificar as vantagens e desvantagens do uso do sistema de registro de preços nas aquisições de bens da PMES, através da análise 66 processos de compra por licitação e pelo registro de preços e realizadas entrevistas com três servidores que atuam na instrução dos processos. Verificou-se que a utilização do sistema de registro de preços para aquisição de bens é necessária, contudo as práticas administrativas adotadas não tem possibilitado que a instituição obtenha as vantagens que o sistema de registro de preços pode oferecer. A fim de reverter esse cenário, foram apresentadas propostas que possibilitarão otimizar e aperfeiçoar as práticas administrativas para que a utilização do sistema de registro de preços traga vantajosidade à PMES / The Public Administration to carry out the acquisition of goods, it must do it through a public tender procedure. The public tender law provides that, preferably, purchases should be made through registration pricing. The registration system price is a public tender process, the modality or trading competition, through which will be chosen and recorded the advantage offer for Administration. The Military Police of Espirito Santo (PMES), an agency of the state executive, from the year 2007 gradually began to use this system for the procurement of goods. Given this change of PMES in public procurement, asked as the use of the log pricing system, administrative practice for the acquisition of goods, may be more advantageous for PMES. This study aimed to analyze the use of this system in public procurement carried out by PMES in the period 2007-2012, compared to purchases by conventional public procurement in order to maximize their advantages and minimize their disadvantages. For this, we used a qualitative research approach with descriptive nature, to expose the characteristics of this phenomenon, and as a research technique case study. Sought to identify the advantages and disadvantages of the use of the log pricing system in the acquisition of assets of PMES, through the analysis of 66 cases per public tender and the purchase price registry and interviewed three servers work in prosecution. It was found that the use of the log pricing system for acquisition of goods is required, however the administrative practices has not enabled the institution to get the advantages that the registration system can offer prices. In order to reverse this scenario, proposals that will enable optimizing and improving administrative practices for the use of price registration system to bring advantage PMES were presented

The thesis present usage of information technologies in public sector and is focused on e-procurement. The aim is to inform about possible solutions which increase transparency and efficiency of public tenders. It begins with theoretic aspects of public sector, corrupt conduct, assumptions and barriers of implementing information technologies in the public sector. E-procurement is mentioned together with the European and national approach and both are compared. Furthermore, special tools and systems, which are available in the Czech Republic at all levels of public administration, are described. Finally, the closing part illustrates the usage of e-procurement tools in the environment of particular public authority.