The essence of the most advantageous tender (MAT) is to allow the procuring authorities to carry out a comprehensive assessment on the technical merits, quality, function, terms and prices of tenders in accordance with the judging criteria listed on the tendering document. In this way, the award of contract can be determined that ensures the best quality within the budget and encourages good competition among tendering parties while eliminate vicious undercutting. Scandals arose from recent procurement projects such as the ETC procurement project, High Speed Rail vibration reduction project, the procurement of Kuan-hwa Fast Attack Boat Guide-Missile (F-ABG), and the construction of the southern courtyard of the National Palace museum have attracted great attention. On March 22, 2006, the Premier announced that ¡§Award to the lowest tender should be made the rule while the MAT should be the exception¡¨ in future government procurement projects. This announcement highlighted the flaws and problems yet to be improved within the existing system. After studying related literatures, conducting a thorough analysis of the current situation and different case studies of the tender selection process, this paper conducted a survey among the people involved in government procurement to find out how they think of the selection of the most advantageous tender legally and in practice, the function of the tender selection committee, the management and the efficiency of the selection process. Suggestions for improvement are put forward based on the findings and analysis. The survey found that the Ranking Method while considering the price factor and the Overall Evaluation Score Method are the most frequently used tendering methods in the past experience of our interviewees. Price may be a crucial factor in determining the most advantageous tender. The most important factor in the award selection process is technical merits. The process of selecting the most advantageous tender is most susceptible to flaws and scandals. The inappropriate appointment of the committee members is the main cause of these flaws. In practice, the selection of committee members itself is of great difficulty. The expertise, personal bias, as well as one¡¦s understanding of the procurement could all affect the fairness and credibility of the tendering process. Besides these committee members, top officials in the procuring institutions also play important roles in the decision-making process. Cognitive differences among interviewees in the understanding of the legal institutions of the MAT selection, the functions of the selection committee, the execution of the MAT selection, the management mechanisms of the MAT selection may be caused by elements such the institutions they work for, the nature of their works, the job title, the training hours they received, whether they are professionally accredited. Yet, different years of experience did not contribute to such differences. People with different job title, nature of work, years of experience, and training hours did cause significant difference in the understanding of the efficiency of the MAT selection. Working at different institutions and professional accreditation, however, did not result in such difference. Based on the above findings, a way forward has been provided: a set of comprehensive regulations for the most advantageous tender selection should be established. A standard of procedure and module should be designed. The decision authority of the procuring institution should be defined in order to actually fulfill the need of the procurement. A comprehensive list of suggested professionals should be compiled to assist different kinds of procurements. This list would ensure the fairness of the selection process. Specify the judging criteria for prices, weights of evaluating elements, and the scoring principle. Determine a set of reasonable scoring method for prices. Provide professional training for procurement professionals. Enhance the efficiency of the MAT selection. Committee members should receive professional training in order to improve the credibility of the selection process. A performance evaluation mechanism should be established in order to improve efficiency and put the government¡¦s budget to the best use.

Univ., Diss.--Hamburg, 2005. / Literaturverz. S. 585 - 679.

The recent upsurge in the number of take-over bids in British Columbia and in England has revealed several problems of control. These resulted in legislation in British Columbia and a system of voluntary self-control by the institutions involved in England. The object of this paper is to examine the adequacy of control in some important aspects of take-over bids. As a background to discussion, two bids which disturbed the financial and legal communities in England are described. Some of the problems which were illustrated during the course of these bids are isolated and examined. These include the directors' powers when reacting to a take-over offer, disclosure of information, equality of treatment for shareholders, the role of financial advisers, and the position of minority shareholders after the completion of a bid. It will be seen that two different methods of control operate in British Columbia and in England. In British Columbia, the Securities Act 1967 contains provisions relevant to take-overs, and is administered by the Securities Commission. In England the situation is more complex. Legislative provisions are contained in the Licensed Dealers (Conduct of Business) Rules, but more significant control is exercised by the Take-over Panel who administer the City Code on Take-overs and Mergers, 1969, a voluntary system of self-control. In both jurisdictions the common law plays an important role. The strengths and weaknesses of the two systems and their effect on the problems under discussion are noted. The Securities Commission has wide investigatory and legal powers, but the rules are somewhat inflexible and as the Commission is understaffed it cannot give the attention necessary to problems which may arise. The Take-over Code contains excellent rules, which may be easily adjusted to take account of changes in commercial circumstances, but the Panel suffers from a lack of legal powers. It is discovered that shareholders in each jurisdiction have common problems of access to information and enforcement of the rules. In those areas in which the common law is the controlling influence, there is uncertainty as to the rights of shareholders and the extent to which they may be affected by a resolution of the company in general meeting. It is suggested that the problems which are revealed by an examination of recent bids can best be approached through a procedure which combines the best and eliminates the worst facets of the present systems in British Columbia and in England. It is therefore recommended that a Take-over Commission be established in each jurisdiction under the Securities Act and the Companies Act respectively, having supervisory, investigatory and legal powers. Flexibility is maintained by enabling a committee of experts to draw up and continually revise the rules pertaining to take-overs. / Law, Peter A. Allard School of / Graduate

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.

The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...

Syfte: Lagen om offentlig upphandling tillämpas av alla myndigheter som upphandlar varor, tjänster och byggentreprenader med skattepengar. Syftet med denna studie är att få insikt över hur offentliga beställare tänker när de genomför upphandlingar av byggnader. Målet är att lista de faktorer som påverkar beslutfattandet angående kort och långsiktiga aspekter när en offentlig myndighet skall handla upp byggentreprenader samt att få förståelse för vilka egenskaper krävs av beställare för att kunna utföra enupphandling. Metod: Genom litteraturstudier undersöks hur lagen om offentlig upphandling är utformad, och vilka arbetsuppgifter en beställare har. Vidare studeras hur det kan bli fel och vilka konsekvenser som kan förekomma ifall beställaren upphandlar olagligt. I intervjuerna framkommer praktisk erfarenhet som beställare och fastighetsförvaltare har av LOU, hur de arbetar för att få fram den produkt de vill ha och vad som anses vara besvärligt med lagen. Resultat: Studien visar att beställarens arbete är omfattande och risken är stor att göra fel i upphandlingen. Egenskaper som påverkar beställarens arbete inkluderar erfarenhet, kompetens, branschkunskap. I litteraturstudien framkommer att ett anbud kan vinnas med lägsta pris, eller med ekonomiskt mest fördelaktiga anbud. Det sistnämnda beslutas genom att analysera mjuka parametrar, exempelvis driftkostnader, anbudsgivares organisation, genomförandetider m.m. Faktorer som påverkar beställarens valmöjligheter angående kort- och långsiktiga aspekter beror på branschkunskap, LOU:s utformning, organisationens struktur, politiska policys, miljöcertifieringar, entreprenadformer och byggnadens användningsområde. Mjuka parametrar kan vara svåra att kontrollera och kan leda till överklagan. De som ofta analyseras i dagsläget utöver pris är entreprenörens organisation. Pris är alltid en parameter som beställare analyserar och ofta den enda parameter som granskas. Konsekvenser: LOU finns för att gynna konkurrensen i landet och i EU. Vissa delar av lagen hämmar beställarens valmöjligheter och kan göra deras arbete krångligt att genomföra. Det är bra för alla som arbetar med LOU att förstå hur en beställare resonerar kring kvalitéer för en byggnad och hur de arbetar med anbudsutvärderingen. Begränsningar: Studien är begränsad till offentliga beställare som arbetar i kommuner med ca 100 000 invånare i storlek. Intervjuerna är begränsade till beställare och förvaltare. Studien undersöker beställares resonemang som arbetar med byggentreprenadupphandlingar. / Purpose: The law of public procurement is used by all governments who procure products, services and public works using tax funds. The purpose of this study is to acquire an overview of how public purchasers’ reason regarding procurement of public works. The aim of this study is to list factors that affect decision-making regarding short and long-term aspects when a public government is to purchase public works, and to acquire an understanding of what personal qualities are needed to undergo a procurement. Method: Literature studies examine how the law of public procurement is designed,and what tasks a procurer has. Further studies are made on how things can go wrong and what the consequences can be if the purchaser undergoes an unlawful procurement. The interviews illustrate practical experience that procurers and property managershave on the law of public procurement, how they go about acquiring their wanted product and their views on what is problematic about this law. Findings: This study shows us that the procurers work is comprehensive and that there is a big risk of doing something wrong in the procurement. Qualities that affect aprocurer’s work include experience, competence and knowledge of the industry. The literature studies show that a bid can be won by the lowest cost, or by the most economically advantageous tender. The latter is determined through analysing soft parameters, such as operating costs, the bidders’ organisation, production times and more. Factors that affect the procurers options regarding short and long-term aspects depends on industry knowledge, configuration of the public procurement law, structure of the organisation, political policies, environmental certifications, type of contracting and the usage of the building. Soft parameters can be difficult to control and can lead to a judicial appeal. What is currently analysed other than price is usually is the organisation of the contractor. Price is always a parameter that procurers analyse and often the only one. Implications: The public procurement law exists to favour competition in the nationand in EU. Some parts of law inhibits procures’ options and can make their work difficult to carry out. How procurers’ reason on choice of qualities of buildings and how they work with evaluating bids are good things to know for anyone involved with the public procurement law. Limitations: This study is limited to public procurers working in municipalities of about 100 000 inhabitants. The interviews are restricted to procurers and property managers. The study investigates how buyers working with procurement of public works reason.

In any organisation processes can be seen evolving throughout their lifecycle and play a deciding role in the efficiency of organisational activities. Tender processes are no different and with growing competitiveness and globalisation it has become the responsibility of managerial staff to ensure continuous improvement is applied to processes so organisational goals are consistently met and knowledge, talents and other success factors are institutionalised therein. The objective of this study was to perform an iteration of process re-engineering on the tender process within Tubular Track, so that a tender could be performed more efficiently and more competitively, and be more manageable. The investigation was carried out by means of a literature review and interviews. This was done to establish an accurate baseline from the current process and then re-engineer the system in its entirety. Verification of the investigation method was done through application of the PMBOK proven project management methods, while validation was done by comparison of processes through process improvement methodology principles as relationship. Process improvement and its management is a continuous procedure but because this study only focuses on the design of a new tender process for Tubular Track the conclusion that was made through literature application and comparison was that the newly designed process is expected to improve efficiency, manageability and time to complete. In the final conclusion stage recommendations were also made that re-engineering phases be planned and followed with corresponding risk and change management plans. Training needed for personnel so that implementation would be optimally applied and continuous improvement institutionalised would also need inspecting. / MIng (Development and Management Engineering), North-West University, Potchefstroom Campus, 2015

In any organisation processes can be seen evolving throughout their lifecycle and play a deciding role in the efficiency of organisational activities. Tender processes are no different and with growing competitiveness and globalisation it has become the responsibility of managerial staff to ensure continuous improvement is applied to processes so organisational goals are consistently met and knowledge, talents and other success factors are institutionalised therein. The objective of this study was to perform an iteration of process re-engineering on the tender process within Tubular Track, so that a tender could be performed more efficiently and more competitively, and be more manageable. The investigation was carried out by means of a literature review and interviews. This was done to establish an accurate baseline from the current process and then re-engineer the system in its entirety. Verification of the investigation method was done through application of the PMBOK proven project management methods, while validation was done by comparison of processes through process improvement methodology principles as relationship. Process improvement and its management is a continuous procedure but because this study only focuses on the design of a new tender process for Tubular Track the conclusion that was made through literature application and comparison was that the newly designed process is expected to improve efficiency, manageability and time to complete. In the final conclusion stage recommendations were also made that re-engineering phases be planned and followed with corresponding risk and change management plans. Training needed for personnel so that implementation would be optimally applied and continuous improvement institutionalised would also need inspecting. / MIng (Development and Management Engineering), North-West University, Potchefstroom Campus, 2015

Thesis (MBA)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: This paper examines the effect a target's operating characteristics can have on the takeover-decision of a potential bidder. Consequently, the general socioeconomic changes within the takeover market and their consequences for companies acting within this hostile environment are described and the most common economic and non-economic motives of bidders as well as several distinctive target characteristics discussed. In particular, this study identifies and subsequently analyses 28 variables viewed to be potentially relevant for a bidder's takeover-decision. In order to obtain the best possible insights into the behavior of the identified variables and their particular influence on the likelihood of getting taken over, the specific variables are empirically tested on an individual level through the application of different nonparametric techniques as well as on a combined level through the performance of a binary logistic regression analysis. The empirical examination is based on a total of 804 observations gathered by Bloomberg L.P. for the pharmaceutical and the related health care sector and covers the period from 1996 to 2002. The results of the different testing methods, although subject to certain limitations, give reason to believe that there are indeed certain factors that can make companies more interesting for potential bidders. Therefore, a regular performance of 'target-self-tests' as suggested by the author is viewed to be paramount for an early anticipation of hostile takeover attempts and a timely establishment of adequate measures of defense, which as a consequence could contribute considerably to a decrease of a company's likelihood of getting taken over. / AFRIKAANSE OPSOMMING: Hierdie studie fokus op die effek wat 'n potensiele teiken se bedryfseienskappe op die oorname besluit van die organisasie wat die oorname oorweeg, kan hê. Gevolglik word die algemene sosio-ekonomiese veranderinge in die oorname mark en hulle gevolge vir maatskappy wat daarbinne opereer, bespreek. Verder word die mees algemene ekonomiese en nie-ekonomiese beweegredes van maatskappye wat oornames oorweeg asook verskeie onderskeidende eienskappe van teikenmaatskappye, ook bespreek. In besonder identifiseer en analiseer hierdie studie 28 veranderlikes wat potensieel relevant mag wees tydens 'n oorname besluit. Ten einde die bes moontlik insig te verkry oor die gedrag van die ge-identifiseerde veranderlikes en hulle spesifieke invloed op die waarskynlikheid van 'n oorname, word nie-parametriese tegnieke toegepas om op individuele en saamgestelde vlak die veranderlikes empiries te toets. Hierdie empiriese ondersoek is gebaseer op 'n totaal van 804 observasies soos versamel deur Blomberg L.P. vir die farmaseutiese en verwante gesondheidsorgsektore en strek oor die tydperk 1996 tot 2002. Die resultate van die onderskeie toetsmetodes - gegewe sekere beperkings - dui daarop dat daar inderdaad sekere faktore is wat maatskappye meer aantreklike teikens vir 'n potensiele oorname kan maak. Gevolglik beskou die navorser dit as belangrik dat sekere 'selftoetse' gereeld gedoen behoort te word. Dit kan dien as vroee waarskuwingsein met betrekking tot die waarskynlikheid van 'n vyandige oorname; en kan die geteikende maatskappy help om tydige verdedigingsmeganismes in plek te kry ten einde die waarskynlikheid van oorname beduidend te verminder.

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...