The purpose of this thesis is to identify the most common and the most severe deficiencies in the conduct of the contracting authorities in the case law of the Office for the Protection of Competition and based on the data about numbers of these deficiencies in the past years and by taking into consideration the proposed legislative changes forecast the future development in the numbers and severity of the deficiencies in the conduct of the contracting authorities. In case of an adverse forecast correct aim of future legislative changes will be suggested so that the principles of transparency, equal treatment and non-discrimination would be protected and more efficient use of public funds would be ensured. The thesis is composed of eight chapters, each of them dealing with different aspects of the deficiencies of the contracting authorities. Chapter One is introductory. Chapter Two describes how the case law of the Office for the Protection of Competition was researched and used in this thesis. Chapter Three briefly describes the history of the Office for the Protection of Competition as the body which supervises the adherence to the Act on Public Procurement and as such provides the main source of case law and information for this thesis. Chapter Four is divided into five parts, each devoted to on...

The term public procurement refers to a contract between public entity and private companies. The public procurement contracts are regulated by the Public Procurement Act, which specifies the rules under which the public procurement should be performed and sets conditions of award procedures of public contracts. The quality of execution of the award procedure influences the efficiency and the transparency of the contract. The award procedure can be executed by internal employees of the contractor or outsourced. The main aim of this thesis is to analyze whether the contractors behave rationally when they outsource the award procedure; this thesis evaluates the differences between an in-house administration and an outsourced administration in prices, efficiency in terms of number of bidders in the contract and probability of formal errors in the award procedure. The results of the analysis shows that small contractors behave rationally; when they administrate the award procedure in-house they tend to make more formal errors thus they outsource the procedure. On the other hand, the large contractors do not behave rationally, because they outsource the administration of award procedure even if all three indicators show that they administrate the procedure in-house more successfully. The behavior of...

This thesis is a case study examining Czech public procurement in medi- cal machinery industry. It proposes and applies several practical methods for identifying risk of bid rigging, such as: frequency analysis of participation of the same small groups of firms, analyzing ownership structure of participating firms and frequency analysis of systematically excluded bids of firms. Results include presence of cases of the same small groups of firms which bid more fre- quently together with no other competitors. Main contribution of the work lays in outlining some analytical possibilities for practical detection of bid rigging risk. JEL Classification H57, H75, K42 Keywords public procurement, bid rigging, Czech Repub- lic, medical machinery Author's e-mail janamar@atlas.cz Supervisor's e-mail jskuhrovec@gmail.com Abstrakt Tato práce je případovou studií zkoumající veřejné zakázky z oblasti me- dicínského vybavení. Práce navrhuje a aplikuje následující praktické metody pro odhalení rizika bid riggingu: frekvenční analýza účasti stejné malé skupiny firem, analýzu vlastnické strukury firem a frekvenční analýzu počtu vyřazených nabídek. Analýza odhalila případy skupin malých firem, které spolu často soutěží v omezené konkurenci. Hlavním přínosem práce je nastínění...

The goal of this thesis is to show that institutional and procedural characteristics are affecting the final price of the public procurement. In order to be able to compare the tenders among each other, only public procurement of homogeneous goods is analyzed. The presented model attempts to explain a variation in final price per one unit as a function of estimated unit price, market price and characteristic of procurement procedure - type of procedure, number of bidders and use of electronic auction. In case of electricity and gas public procurement final price elasticity with respect to the estimated price tents to be higher than such elasticity with respect to the market price. This result suggests high rigidity in public procurement procedures. We show that such ineffectiveness is reduced by using open procedure, electronic auction or attracting more bidders.

Concession agreement and concession procedure The aim of this thesis is to analyse the valid legal regulations concerning the concession procedure and concession agreements that form the legal framework of the PPP projects in the strict sense, and to identify its key issues. The first chapter of this thesis concerns both the European and Czech sources of law relating to the concession procedure. On the European level, the role of primary law is being considered, followed by the sources of secondary law and the influence of decisions of the Court of Justice of the European Union. On the domestic level, the thesis is focused on the regulation contained in the Concession Act, specific kinds of concessions regulated in special acts and on explanation of the relation between the Concessions Act and Public Procurement Act. Chapter two examines the relevant concepts of law, which determine the personal and substantive scope of the concession procedure with accent on the definition of the concept of "concession", resp. concession agreement, and basic principles which originate from the European primary law and apply both to the concession procedure pursuant to part II of the Concessions Act as well as awarding concessions that are not subject to the regulation in the Concessions Act. Chapter three analyses...

The aim of this thesis is to evaluate public procurement practices and elaborate recommended procurement procedures. The resulting part of the work is devoted to a research of selected municipal contracts in terms of volume and structure. It also shows the development of these contracts in the last five years. The research method for achieving the main aim of the work is a case study. Using two real public contracts is demonstrated a possible procurement process. The research via case studies does not serve to produce a generally valid conclusions. However, it is possible to draw several findings from the examples of public contracts. These findings are applicable to other municipal public procurement.

The main theme of this thesis is an analysis of post-contractual behaviour of selected contractors of public procurement. Processes behind the post-contractual behaviour are succeeding already signed contracts, and can often lead to an undesirable change in contracted price. Indetification of these processes, that lead to increased post-contractual behaviour, is the key element of this thesis. For this purpose, the collection and subsequential analysis of the collected data, i.e. data about completed public procurement, is crucial.

The aim of this study is to investigate the effect of experience on the price of a public procurement. Research in this area highlights the different positions of incumbents and entrants companies. Existing research shows, the more experienced company, the less aggressive its bid in public procurement. The work analyzes public procurement in the period from January 2011 to March 2016. Ratio of final and estimated value of public procurement is used as endogenous variable. Length of the existence of the winning company and the number of wins in previous public procurements are used as exogenous variables. Length of the existence of winning company was found to be insignificant. Number of previous wins influences price ratio negatively.

Aim of this thesis is mainly focused on subject of public procurement in Slovak republic. First chapter deals with initial description of legislative with short characteristics of relevant terms, procedures and constructive elements in the process of public purchasing and its administrative costingness. The topic of administrative costs is deeply described in next two chap-ters. Second chapter is focused on identifying theoretical concept of these costs with respect to its attributes, measurement methods, structure and origin of these costs. Analysis of subjects that have participated in survey is subject of last chapter. It is aimed at providing a rea-der with real view into problematic of Slovak Public Purchasing during year 2009 along with specification of value of administrative costs incurred in several public sector organizations and theirs relation to amount of costs that have been incurred in public purchasing and to compare these types of costs. Ending chapter serves as conclusion in accordance with observed trends and its main part drafts specific proceedings in order to improve efficiency of pub-lic purchasing and its administrative costs.

The aim of this diploma thesis is to formulate recommendations to amend the guideline issued by the Operational Programme Human Resources and Employment. Their subject matter is based on the analysis of decision situations which must be handled by contracting entities in order to successfully find the right contractor. The paper explains the methods of multi criteria decision making which are suitable for use in public procurement. First part describes requirements which are a prerequisite to creating the rational set of evaluation criteria. Theoretical part continues with description of the Public Procurement Act and its recent changes made by amendments. The practical part contains the survey conducted among contracting entities which were supported by operational programme. It is aimed on their approach to organizing competitions and information management. The last part describes the authors proposed changes.