The government procurement legislation – i.e. the Swedish procurement law, the EC procurement directives and the WTO’s Government Procurement Agreement – applies on public procurement. Such a procurement exists when the contractor meets the conditions stated in the directives that the organ is to be considered as a contracting auhtority. The conditions are supposed to cover the bodies that objectively are thought to take other considerations than economic when purchasing services or products. The definition of contracting authorities has, however, given rise to several interpretation problems when putting the wording into practice. Since it is the contracting authorities themselves that are responsible for their compliance with the law when purchasing, an unclear definition will result in bodies getting a possibility to, to a larger extent, evade the obligation to comply with the procurement legislation. Because of this, it is of great importance that the courts create a unitary interpretation of the definition; a clear definition serves as a means of exerting pressure. The thesis is an investigation of the definition of contracting authority where the primary source of information consists of case law from the European Court of Justice. The purpose is to visualize the underlying philisophy of the regulation with a view to suggest an instrument for determining a body’s status as a contracting authority. Regarding the definition of contracting authority, the thesis discuss three different levels. The first level consists of an examination of the wording according to both the directives and the Swedish law, and then the interpretation of the wording by the European Court of Justice. At the following level, it is set out to illustrate differences between the definition on a national level and an EC level, respectively. Finally, it will be established what legislation technique that seems to have been used when formulating the definition of contracting authority in the directives, and also how the result of this should influence the interpretation of the term.

The public procurement draws a lot of attention in terms of treatment with public resources. Unfortunately this attention has mostly negative character. The aim of this Diploma Thesis is to bring an untraditional overview on the processing of public procurement and introduce one of the modern ways of using auction mechanisms. Combinatorial auctions can, as it already happened in other areas, open new possibilities for contracting authorities and bidders who participate in procurement conducted in accordance with Czech legislation. Also this Diploma Thesis can be the inspiration for thought if the current rules for public procurement are in accordance with the best interests of contracting authorities and bidders. In order to present the application of combinatorial auctions on public procurement the mathematical model based on partially real data was compiled in software Lingo. The results of such model were used as the source for the effectiveness analysis of discussed topic.

The diploma thesis deals with issues related to the award of public contracts in the field of architecture and design. Due to the scope of the topic, the view is focused on the analysis of public procurement in the field. The diploma thesis describes the types of public contracts and tenders, applicable legislation, control authority in the Czech Republic and design and architectural work.

The topic of this submitted diploma thesis is an analysis of the commissioning and evaluation of the public procurement in the Czech Republic. I pay attention to the most frequent mistakes at spending public funds through the public procurement. The first chapter is devoted to the theoretical description of the Czech public procurement system. The next chapters include the overview of the evaluation system and evaluation criteria in the public procurement. The forth and the fifth chapters are focused on the general and individual mistakes during the commissioning and the application procedure.

Title: Modes of Public Tender Author: Ing. Adéla Kohoutová Department: Department of Business Law Supervisor: JUDr. Tomáš Horáček, Ph.D. In my diploma thesis I focus on the topic of public procurement, especially the modes of procurement. This issue is very topical mainly due to the existence of the new Law on Public Procurement which is currently in the middle of the legislative process. In the very first I deal shortly with the history of regulation of public procurement. Further I think of the status of procurement law in the legal system and I also introduce the basic principles of public procurement including its application on small-scale public tenders. In chapter three I try to give brief overview of all modes which can be used in public procurement according to the current legislation. For each of them I concentrate on its specific characteristics and highlight the peculiarities that distinguish it from others. It is not my intention to submit precise instruction for the procedure under the Law on Public Procurement or exhaustively comment on the statutory provisions. The most important chapter of the whole thesis is chapter four where I describe various innovations that will be brought by the new Law on Public Procurement which should apply soon. I focus on the most important changes and...

Les notions de pouvoir adjudicateur et d'entité adjudicatrice délimitent le champ d'application personnel de la réglementation européenne des marchés passés respectivement dans les domaines classiques de l'activité administrative et dans certains secteurs d'utilité publique organisés en réseau. Ces notions sont définies selon une approche fonctionnelle qui soulève des interrogations au regard de différents concepts du droit interne. L'étude de trois exemples représentatifs, à savoir le droit français, le droit allemand et le droit anglais, permet de mettre en évidence ces problèmes qui peuvent être synthétisés autour de deux thématiques: la forme juridique de l'acheteur et sa dépendance à l'égard des pouvoirs publics. D'une part, il s'agit d'étudier les incidences de la nature publique ou privée et, plus généralement, de Ia personnalité morale d'une entité sur la mise en œuvre en droit interne des notions de pouvoir adjudicateur et d'entité adjudicatrice. D'autre part, il s'agit d'examiner, à partir de l'interprétation jurisprudentielle de ces notions mais aussi de certaines réglementations nationales spéciales, dans quelle mesure l'activité de différents organismes et les liens, notamment économiques, qu'ils entretiennent avec les pouvoirs publics justifient de les soumettre à la réglementation de marchés publics. / The concepts of "contracting authority" and "contracting entity" are the defining elements of the personal scope of the EU Directives on Public Sector and Utility Sector Procurement. The content of these concepts is determined according to a functional approach which raises a number of questions in relation to various notions of domestic law. A comparative study of three representative legal orders, namely French, German and English Law, illustrates these questions which revolve around two issues: the legal form of the purchasers and the nature of their dependency on the State. The first issue involves studying the extent to which the public or private nature of an entity as well as, more generally, the existence or lack of legal personality, have an impact on the implementation of the concepts of "contracting authority" and "contracting entity" in domestic law. Based on the relevant EU and national case law as well as on other specific national provisions, the second issue involves examining the extent to which the nature of an entity's activity and its different ties in particular financial, with the State justifies the application of the public procurement rules on such an entity.

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...

Public procurement, as a form of public purchases of goods and services through the private sector, is still an actual topic. The government expenditures that are related to procurement are regulated by the European Union to save public spending, for example by using centralized procurement. This thesis is focused on a concrete, centralized public procurement called, Provision of mobile electronic communication services, in which the capital city of the Czech republic, Prague, acts as a central contracting authority and the city districts of Prague act as subordinate contracting authorities. There is a characteristic of public procurement through a centralized method and based on the case study of the city districts of the capital city of Prague identifying the advantages and disadvantages of using this method and formulating recommendations to the central contracting authority for higher success of the future public procurement.

The thesis addresses the process of assigning construction contracts and its acquisition from the perspective of the construction company. The task is focused on creating public tender`s price propositions by the contender. These findings are from my own personal experience as I was involved in the creation of this particular price proposition. At the time of publication of this tender I worked in a construction company INSKY spol. s r.o. which is mentioned in this thesis. I described the terms which you may encounter during assignment, the progress and the finalization of the contract of the public tender.

The diploma thesis describes a process of public tender for building contracts from a construction company’s perspective. The theoretical part introduces the basic concepts and procedures encountered during issuance, awarding and completion of public tenders. The necessary procurement rules and guidelines are also included. The practical part defines an actual tender offer from a particular contractor. The tender in question is a construction of leisure centre in Ratiskovice.