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Selected issues of public procurement This thesis deals with analysis of the course of simplified sub-limit proceedings which is one of the types of public tenders according to Act No. 137/2006, Public Procurement Act, as amended (hereinafter referred to as the "Act"). The main object of the thesis is a broad analysis of course of action of the principal within the respective public tender. The thesis focuses on legal regulation "de lege lata" and points out selected issues in daily practise. Following the brief introduction, first chapter focuses on historical development of legal positivism in the the area of public tenders in the Czech Republic. Regarding the particular statutes preceding the Act, the thesis mainly searches for types of public tenders with similar features to the current legal regulation of simplified underlimit proceedings. Second and third chapter focuses on fundamental principles of public procurement and determines fundamental terms used by the Act which is necessary for better understanding of the subject matter. The following main part of the thesis describe particular stages of the sub-limit proceedings, from its very beginning, i.e. from the moment of despatch of the call on initiation of the public tender until its completion. On the basis of analysis of the legal...

The present thesis is devoted to public procurements. Our data set consists of 58 largest municipalities in the Czech Republic and our time period is 2017- 2018. The longer time period is not available in current data sources. We very broadly describe the process of data cleaning a then the creation of our testing data set. The primary aim of this thesis is to figure out whether higher expenses in different types of public procurements (e.g. small-scale contracts in different price limits, soft-service contracts, etc.) lead to a higher or lower probability of mayors' re-election. The regression equation is examined by the ordinary least squares method. We prove the hypotheses about the small-scale contracts in price limits around 6,0 million CZK and 200 000 CZK. These price limits lead to a higher probability of mayors' re-election. Whether mayors spend more through these procurements in these price limits in election year then they have a higher probability that they are going to be re-elected. The hypotheses about the soft-service purchases or about the concluding the amendments are not proved. JEL Classification C12, D72, H57, H72 Keywords public procurement, political cycle

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In this essay a quantitative empirical study with qualitative elements is performed. The purposeof the paper is to investigate whether public procurement can be applied as a political instrument. The empirical data consists of a selection of government agencies and how well these government's governing documents have implemented the current government's National Public Procurement Strategy. In order to analyze the degree of implementation, three different implementation theories are applied. The theories applied are implementation from an upside down perspective, implementation from a bottom and up perspective and implementation based on ability, will and understanding. In order to delimit the essay to a reasonable extent, the study aims to focus on how socially responsible public procurement have been included in the governing documents. The question that is aimed to be answered is: to what extent has the objective of socially responsible in public procurement been implemented in the governing documents? The second question is: Is social responsibility more prominent in governing documents that were updated after launching the national public procurement strategy. the third question is: what possible implementation barriers can be identified when implementing the national procurement strategy. The method used in the essay is essentially a quantitative content analysis that is complemented by a qualitative interview survey. The results of the empirical study show shortcomings in the implementation of the selected authorities, which indicates that the national strategy have a weak effect as a political instrument.

75 ABSTRACT The goal of my diploma thesis is to complexly analyze the institute of estimated value of a public procurement and issues related to it, while reflecting relevant decisions of the authorities competent to reviewing a public procurement, that is the Court of Justice of the European Union (the European Court of Justice), the Supreme Administrative Court, the Regional Court in Brno and the Office for the Protection of Competition. The relevant case-law is mentioned in the whole text in accordance with scheme of thesis as it is described below. Doctrinal interpretations are also taken into account. Among the most common mistakes made by contracting authorities, who are required to act in accordance with Act no. 137/2006 Coll., is wrongly determined estimated value of a public procurement. In this context it is necessary to point out that the determination is very important especially for the right categorization of contracts according to their values, which affects how strict conditions would apply for the specific contract. The work is conceived as a summary of the decision-making practice. This kind of conception was chosen primarily because of the fact that the Czech Republic (and other obliged countries) are required to implement the new procurement directives of the European Union (until April...

English summary Public procurement, as a relatively young branch of law, emerging from the American internal army regulations of public contracts, has become one of the most significant instrument of outsourcing execution of work, supply of products and services. In this work I am dealing with construction works, as they are the basis of present and future economic growth. Public tenders for infrastructure, flood control measures, reconstruction of schools and hospitals etc. effectively allocates financial means, but also creates new jobs and opportunities for economic operators hit by the global financial recession. The purpose of this master degree thesis is to analyze the current Czech public procurement legislation with respect of the regulations and directives of the European Union. As it is not possible to give a comprehensive preview of every single problem and question relating public procurement, the focus is on the most problematic part of the Public Procurement Code. The first chapter describes purpose of this specific branch of law providing a short historical background. It also concentrates on the principles of awarding contracts: acting transparently, treating the economic operators equally and avoiding their discrimination. The second chapter explains the basic differences between the...

Purpose – The study aim to investigate the adoption of social and environmental objectives in public procurement. Design/ methodology/ approach – This study undertook an exploratory case study research based on the theory of bureaucracy and the theory of organisational configuration. A semi structured interview and a survey was conducted among public procurement professionals at five Ministries in Malaysia. Findings – The public procurement system were found to contain two organisational structures – The Machine Organisation and the Innovative Organisation. These structures were based on the analysis that there were two approaches to public procurement – the Compliant Approach and the Sustainable Objective Adoption Approach that respectively contained organisational structures of its own in managing public procurement. Mutual adjustment with the stakeholders was seen as a key driver in implementing sustainable objectives successfully in public procurement. Research limitations/ implications – Case studies have been viewed as controversial for the generalizability of knowledge and philosophical approaches to academia due to the low number of respondents. An in-depth study was the key direction of this study in investigating the organisation structure and relationships with the public procurement system that contained the system of administration and governance, people of the organisation, and the hierarchy of the organisation. Practical Implications – This research adds volume to practitioners and policy makers in designing public procurement policies and regulations by identifying the key areas of sustainable adoption in public procurement. Originality/ Value – The in-depth nature of this study provides a perspective into the intricacies of the public procurement system where the procurement officers were found to consolidate working with the regulations, the components of the organisation, and the hierarchies to achieve organisational objectives.

The core of thesis lays in quantitative analysis of microeconomic data on public procurement and alternative forms of dealing with public money. It consists of three essays with one common attribute: extensive groundwork with data, including overlaps into legal and technical disciplines. The fist essay examines the relationship between transparency of ownership structure and (i) profits of firms winning public procurement contracts and (ii) competition for the contracts and savings of the public authority. It identifies a significant advantage of firms with opaque ownership structure in terms of access to public money. It concludes with a possible explanation of conflict of interest and corruption, which might channel such advantages. The second essay proposes and tests a novel methodology for benchmarking of contracting authorities. The proposed rating measures a deviation from best practice recommendations in the areas of openness, competition and transparency. Indirectly it measures efficiency and corruption potential in public procurement. The pilot results of the methodology are provided and extensively discussed for a group of Czech municipalities. Third essay investigates issue of crowding out effect potentially introduced by EU funds provision. It studies direct budgetary impacts of...

Variations and other changes to public contracts under FIDIC standard forms Abstract This thesis deals with variations and other change institutes according to the FIDIC Red Book (hereinafter referred to as "CONS") enforced under the Act No. 134/2016 Coll., On Public Procurement, as amended. The main aim of this thesis is to analyze the possibility to effectively implement complex construction projects in the Czech legal environment, especially with regard to the fact that individual complex construction projects deal with, in their implementation phase, the necessity to change the work, the price for the work, but also the time of completion and handover of a work due to unforeseeable or unforeseen circumstances. The law of public procurement, with reference to the principles of free competition and, in order to ensure the effectiveness of the management of public funds, limits the possibility of the public contract modifications by means of the doctrine of the substantial and non-substantial modification. Large construction projects often exceed the estimated value of the public contract by more than 100 %, which puts a great deal of pressure on the correct and lawful subsumption of changes under the legal grounds of modifications of the contract according to section 222 of the Act on Public Procurement....