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...

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...

This thesis analyses current practice in publication of information on public procurement according to official standards in Czech Republic and European Union. It proposes new conceptual domain model, and uses it to propose optimal format for publication and exchange of data on public procurement. Further a set of rules is proposed to check quality of published information, and a tool is implemented to perform their practical control. The tool is tested on all 10 500 Czech working APIs, their measured quality is described and evaluated. The tool has been published and is used by actual procurement issuers. Powered by TCPDF (www.tcpdf.org)

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...

The thesis deals with a topic of subthreshold public procurement on services in the Czech Republic in 2014. The main point of the thesis is to evaluate the effectiveness of the public procurement by analysing selected sample of the subthreshold public procurement on services in 2014. At first there is a brief description of general and legal requirements for the public procurement functioning. Secondly an analysis of the sample of the public procurement is made applying criteria as type of contracting entity or type of procedure. Then the influence of these two patterns on number of offers from contenders and also on savings of public financial assets is examined. Results of the regresion analysis say that there is a positive effect of the openess of procedures on creating the savings of the public financial assets.

The aim of this thesis attempts to analyse two concepts connected with public procurement overpricing, competition effect and non-transparent effect. Dataset consists of 326 public procurement contracts. Existence of competition effect is proved, thus increase of competitors in selection procedure causes that final price decreases. Open types of selection procedures are also cheaper for public authorities. Analysis of non-transparent effect lies in possibility to find beneficial owner of each winner of selection procedure from public sources. Results show that companies with clear and visible owners realize public contracts cheaper than their non-transparent competitors. Findings are also discussed in public policy approach.

The thesis provides for a comprehensive legal overview of bid rigging and its manifestation in public procurement. Bid rigging is defined as coordination of competitors in tenders which is not necessary and which is executed when these competitors submit bids according to the conditions agreed among them. The thesis briefly sums up available information on occurrence of bid rigging with emphasis on the only two cases of bid rigging that have been identified, proved and sanctioned in the Czech Republic. This information suggests that despite the fact that the risk of bid rigging is higher at certain markets, notably markets with limited number of competitors present thereon, it may take place in any market. Bid rigging is further analysed as a prohibited agreement distorting competition which always distorts or prevents competitions and as such is considered one of the most serious anti- competitive practices capable of causing immense economic damage. A separate chapter tackles bid rigging in public procurement. This chapter analyses legal basis of prohibition of bid rigging in public procurement, its impact on principles of efficiency, effectiveness and expediency, and points out factors that may support occurrence of bid rigging. With regards to this analysis, the thesis formulates several...

This thesis deals with public procurement of mobile network operators services and analysis of institutional and procedural characteristics under which public authorities are able to reach lower prices than regular retail customers. The applied model attempts to explain a variation in final price of high consumption mobile services consumer basket. The variation is explained as a function of estimated price of consumer basket, year of tender, length of contract, supplier, governance structure of public authority, number of bidders and use of electronic auction. The results indicate that usage of electronic auction brings lower final price of mobile services by 8.6 %, T-Mobile is more expensive than O2 and Vodafone on average by 8 % and each additional bidder decreases the final price on average by 6.1 %. We found that there exists statistically significant difference in the final price with respect to type of public authority. The final price of mobile services is decreasing in time, on average by 9 % per year. Together with insignificance of the variable measuring length of contract, it follows that long term contracts are not cost-efficient.

Abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition Abnormally low tender price is one of the most problematic issues in public procurement law. The aim of this thesis is a detailed analysis of the concept of abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition. The analysis is made both in relation to the Public Procurement act and the EU Directive on public procurement. After an introductory part the thesis is divided into seven main chapters. The first chapter outlines basic terms necessary for comprehensive analysis of further discussed issues. Chapter two deals with the concept of abnormally low tender price including its evolution in the former public procurement law. The third chapter focuses on the process of assessment of the tenders concerning the abnormally low tender price. This chapter deals with the request for explanation of the tenderer's tender price, with requirements of this explanation and with assessment of this explanation made by evaluation committee. Chapter four examines the zero tender price and the case law of administrative courts regarding the correct procedure in case of occurrence of this price. This chapter takes...

Currently there are 280 state enterprises registered in the commercial register of the Czech Republic. Although most of them are in liquidation and only few dozen is active, generally their importance lies in the purpose which their activities pursue in today's economic and political system. They operate in specific fields, which tend to be of strategic importance, their activities shall often meet a public interest. In sectors, in which state enterprises operate, they usually occupy very strong positions also due to the scale and type of assets, which they have. The distinctive features of a state enterprise gave rise to many legal questions about its nature. In the recent past, some disputes were resolved by practice whereas other issues are conceptual and can only be changed by changing the legislation. Although the systematic attention of professional public has currently not been dedicated to a state enterprise, increased interest has been noticeable in recent years in respect of particular questions relating to it, such as the issue of public procurement, information providing, or transfer of state enterprise profits to the state budget. The thesis focuses on the specifics of a state enterprise. It tries to describe its characteristics and apply them when solving practical issues which state...