The aim of this Master's thesis is to define the particular modes of public tenders in the Czech republic. The awarding of the public tenders represents special mean of concluding the public contracts governed by the Act N. 137/2006 Coll. This thesis concentrates mainly on the description of the particular methods of awarding the public tenders, the conditions required for their use as well as on the procurement procedure itself. The awarding procedure is characterized in accordance with the European judicial decisions, Czech case law and also the decisions of the Office for Protection of Competition. In relation to the newly adopted European directives the thesis analyses also the changes that are brought by these directives to the subject matter.

Qualifying requirements and evaluating criteria in public tenders The purpose of my thesis is to analyse selected areas of public tenders awarding, namely qualifying requirements and evaluating criteria, which are used for selection of the most advantageous contractor for performance of the public tender object. The thesis is composed of four main chapters. Chapter One summarizes the development of public tender legislation in the Czech Republic, defines current legislation both in the Czech Republic and in the European Union. Chapter Two defines basic terms of the public tenders area which are typical and characteristic only for public tenders and which are not used in other fields of Czech law. The two remaining chapters are devoted to the qualifying requirements and evaluating criteria, their role and types. Through qualifying requirements contractors are divided into those who are qualified to perform public tender and those who are not. Regarding its importance, it is necessary to stick to the binding provision of the Public Procurement Act while setting the qualifying requirements. Chapter Four is devoted to the evaluating criteria. On the basis of the evaluating criteria the contractor whose bid best fulfils the idea of performance of the contracting authority is chosen from those who are...

The main topic of the thesis is case management - a modern concept of dynamic business processes that emphasizes data and user involvement in decision-making process. The main goal is to create a functional prototype of information system for e-procurement based on case management approach that solves problematic aspects of current electronic procurement environment in Czech Republic. In the theoretical section, there is a description of the basic concept of case management and the possible use of case management across various sectors. Subsequently the reference model and general architecture of case management system are introduced and an optimal methodology for modelling and analysis of case management solution that combines existing standards in context is proposed. The practical section contains an analysis of the functional requirements and description of the electronic public procurement system, both in terms of the minimum legal requirements for solutions and problematic area derived from the perspective of Czech eGovernement. Detailed implementation-ready model is created using the proposed modelling methodology that forms a foundation for implementation of the selected scope of the electronic procurement system based on the IBM platform. Created prototype facilitates a procurement specification via an easy-to-use interface that incorporates methodological support when entering the data, automatic recommendation of suitable suppliers and proactive inspection of a compliance with regulatory requirements. Contribution of the work lies in the demonstration of possibilities for optimal e-procurement solution implementation. Within the results of the work are identified obvious practical benefits of case management for this area, particularly the speed of deployment and implementation changes, variable and dynamic user experience and efficient distribution of necessary information to the end-user. I have evaluated usage of a case management system for similar projects as appropriate and useful.

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.

Supervision over public tenders This diploma thesis focuses on explanation and evaluation of the activity of the Office for the Protection of Competition as the authority entitled to assess complience with the Act no. 137/2006 Coll., on Public Contracts, during the process of public procurement. The thesis evaluates quality of legislative regulation on the supervision over public tenders and atempts to define problematic aspects of the matter and tries to suggest their solution. After an introductory part the thesis is devided into three main chapters. The goal of the first chapter is to provide necessary outline of terminology used by the Act no. 137/2006 Coll., on Public Contracts, including the key term of supervision over public tenders and the outline of the basic principles which the whole system of public procurement proceedings stands on. The first chapter also considerates important aspects of previous and current legislation. In chapter two I deal with the functioning of supervising activity over public tenders. It was necessary to outline general concepts of supervision including their advantages and disadvantages. Furthermore, this chapter focuses on outlining the scope of activities by which the Office for the Protection of Competition provided and which have been significantly...

The thesis is focused on analysis of complicated situation in public tenders in ICT field. The content is divided into two main parts. The first part provides an overview of historical development in terms of legal definition of basic laws in public tenders. Historical excursion includes a chapter dealing with the proposed amendment to public tenders act. There are shown the main points that would have a significant impact and would change the process of future commissioning of public tenders. The second part is practically oriented, beginning with computerization of public tenders and dealing further with a practical side of public tenders. There are also defined administrative offenses of commissioners as well as those of suppliers in this part of the thesis. The main focus of the work is an analysis of the most serious cases of public tenders commissioning in ICT field and definition of the biggest faults that occur. There are also provided suggestions as to how to deal with the situation in this part of the thesis.

Submitted by Marilene Donadel (marilene.donadel@unioeste.br) on 2017-12-08T00:00:48Z No. of bitstreams: 1 Paulo_H_Muniz_2017.pdf: 1564693 bytes, checksum: f198230c407f08715c475bdf95cea82e (MD5) / Made available in DSpace on 2017-12-08T00:00:48Z (GMT). No. of bitstreams: 1 Paulo_H_Muniz_2017.pdf: 1564693 bytes, checksum: f198230c407f08715c475bdf95cea82e (MD5) Previous issue date: 2017-09-15 / The present work presents a quantitative exploratory analysis of system of racial quotas in public tenders in the State of Paraná, in order to verify the effectiveness of public policy. For that, a priori was a theoretical review of the field of evaluation of public policies, and historical of the political and legal process in the national scenario that culminated in State Law nº 14.274/2003, which provides for the reserve of 10% of vacancies for black in public tenders in Paraná. Subsequently, a quantitative analysis of the result of the process of reserving vacancies for admission to the public service, comparing, the results obtained with those of wide-open places and vacancies reserved for the disabled. The central question of the research was to find out if ten years after its implementation if the policy of racial quotas has produced the desired results. The results obtained from the analysis of the edicts of the selected samples (SEED and TJPR contests), during the period from 2004 to 2014 and secondary sources (School Census and Census of Judicial Power) allow us to conclude that the reserve strategy of racial quotas in public tenders is effective, because the percentage number of candidates who entered the public service by racial quotas in the different areas during the period studied is close to that established by law. / O presente trabalho apresenta uma análise exploratória quantitativa do sistema de cotas raciais nos concursos públicos do Estado do Paraná com o objetivo de verificar a eficácia desta política pública. Para tanto, a priori foi realizada uma revisão teórica do campo de avaliação de políticas públicas, e uma abordagem histórica do processo político e jurídico no cenário nacional que culminou na Lei Estadual nº 14.274/2003, a qual dispõe sobre a reserva de 10% das vagas para negros nos concursos públicos do Paraná. A posteriori, uma análise quantitativa do resultado do processo de reserva de vagas para ingresso no serviço público, comparando os resultados obtidos com os de vagas de ampla concorrência e vagas reservadas para deficientes. A questão central desta pesquisa foi descobrir se, passados dez anos de sua implementação, a política de cotas raciais tem alcançado os resultados pretendidos. Os resultados obtidos a partir da análise dos editais das amostras selecionadas (concursos da SEED e do TJPR), durante o período compreendido entre 2004 a 2014, e das fontes secundárias (Censo Escolar e Censo do Poder Judiciário) permitem concluir que a estratégia de reserva de cotas raciais nos concursos públicos é eficaz, pois o número percentual de candidatos que ingressaram no serviço público por cotas raciais nas diferentes áreas, durante o período estudado é próximo do estabelecido pela lei.

Submitted by Joel de Lima Pereira Castro Junior (joelpcastro@uol.com.br) on 2017-07-04T19:10:47Z No. of bitstreams: 1 Dissertação - Antonio Batista da Silva Oliveira.pdf: 2039467 bytes, checksum: 7b48c8d5d328af69324fc229da6d7e88 (MD5) / Approved for entry into archive by Biblioteca de Administração e Ciências Contábeis (bac@ndc.uff.br) on 2017-07-06T18:44:17Z (GMT) No. of bitstreams: 1 Dissertação - Antonio Batista da Silva Oliveira.pdf: 2039467 bytes, checksum: 7b48c8d5d328af69324fc229da6d7e88 (MD5) / Made available in DSpace on 2017-07-06T18:44:17Z (GMT). No. of bitstreams: 1 Dissertação - Antonio Batista da Silva Oliveira.pdf: 2039467 bytes, checksum: 7b48c8d5d328af69324fc229da6d7e88 (MD5) / Universidade Federal Fluminense. Gabinete do Reitor. Niterói/RJ / Este estudo partiu do seguinte objetivo: analisar, nas Instituições Federais de Ensino Superior, se havia (ou não) conexão objetiva entre as ferramentas avaliativas oficialmente empregadas nos concursos públicos e as competências e/ou atribuições dos cargos que elas se propunham a selecionar. Para tanto, foram analisadas dezenas de editais de concursos e legislações pertinentes. Foram definidas cinco categorias equivalentes às ferramentas da amostra: provas objetivas, discursivas, de títulos, práticas e exigência de experiência. Delimitou-se a amostra aos cargos de Auxiliar em Administração e Médico. Quanto à temporalidade, foram escolhidos os editais divulgados ao longo do ano de 2016 (de 01 de janeiro a 16 de outubro, em cumprimento ao cronograma de pesquisa). Os dados foram tratados à luz de análises de frequência apoiadas por análises de conteúdo (quantitativas e qualitativas). Os resultados alcançados demonstraram que o modelo de seleção de pessoas para o setor público brasileiro é, em sua ampla maioria, disfuncional, tendo em vista que as ferramentas dominantemente empregadas são, por sua própria natureza, desconectadas das competências e/ou atribuições dos cargos. O modelo atual de concurso público, vigente sem grandes variações há mais de meio século, padece de baixa atuação estratégica e elevada disfuncionalidade. / The purpose of this study was to analyze in the Federal Institutions of Higher Education whether there was (or not) an objective connection between the evaluation tools officially employed in public examinations and the competencies or duties of the positions they were planning to select. For that, dozens of calls for tenders and relevant legislation were analyzed. Five categories equivalent to the tools of the sample were defined: objective, discursive, title, practice, and experience requirements. The sample was delimited to the positions of Auxiliary in Administration and Medical. Regarding temporality, the notices published during the year 2016 (from January 1 to October 16, in compliance with the research schedule) were chosen. The data were treated in the light of frequency analyses supported by content analyses (quantitative and qualitative). The results obtained showed that the model of selection of people for the Brazilian public sector is, in its large majority, dysfunctional, considering that the dominant tools are, by their very nature, disconnected from the competencies or assignment of the positions. The current model of public tender, in force without major variations for over half a century, suffers from low strategic performance and high dysfunctionality.

RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...

The thesis discusses very actual issues concerning the management of the 3E principle in decisions related to the public funds expenditure decisions, especially in context of EU funding, and expands on the problems and deficiencies in the actual system of publicly funded procurement and related control. In the theoretical part, the thesis provides an insight into the basic terms and the relevant theoretical, legislative and methodological framework. The practical part then analyzes and assesses the conclusions of a review of 33 publicly funded projects financed both from EU funds and/or the national budget, in a cumulated value of 11.3 billion CZK. Further on, the thesis detects fraudulent schemes occurring repeatedly in the mentioned population of reviewed projects which are then categorized by the author. In the thesis's conclusion the author defines public funding fraud detection methods and delimits several proposals and recommendations on how to amend the identified deficiencies, both on the system and organizational levels.