Since 1994, the Public Procurement Act has undergone changes aimed to improve the procurement process and promoting innovation. In order to promote innovation there are a number of government agencies that offer financial assistance, especially to small business with innovative ideas. Despite these efforts, newly established small businesses have difficulties entering the market. The study investigates whether changes have been made in the public procurement of medical devices with regard to price and quality prioritization. The priority criteria is presented by the contracting authority as percentage in the allocation criteria. The study is limited to in vitro diagnostic products contracting in Swedish healthcare between the years 2009 and 2015. All tenders, companies that apply for participation in procurement, were analyzed based on sales, number of employees and year of establishment with the purpose of evaluating differences between winning tenders and other tenders. The result shows that prioritization has been increasingly on price rather than the quality. Regarding the winning tenders the study shows that larger, more established companies dominates the market. Noteworthy is that this dominance has increased over theses last years. The increase may be due to a spiral effect that is created when winning tenders get an increased economic power.

The aim of this study was to understand how evaluations are implemented and used in procured nursing homes for elderly. Our methodological approach consisted of a single-case study research. The case in this study was Växjö municipality. Three procured nursing homes for elderly were chosen in the municipality as examples of implementation and use of evaluation. The method for retrieving empirical data and the analyzing of it was based on triangulation. The empirical data was retrieved by semi-structured interviews with representatives from Växjö municipality and the suppliers. Empirical data was also retrieved from documents concerning the procurements and the evaluation process present in this study. The empirical data was analyzed on the basis of the neo-institutional theory and previous research that explain the implementation and use of evaluations. The result shows that evaluations are used as audit to control the suppliers and occur at three different levels in the municipality. The result also shows that the context and legitimacy of an organization affects the implementation and use of the evaluations. The result has made us question the use of evaluation at the overall level in view of the political debate at this level. The source of our doubts lies in that there are ideological differences in how politicians value procurement that may influence the use of evaluation. The ways the municipality implements and uses evaluations appear to be institutionalized.

In the mid 1990s a previous prohibitions against multi-story buildings higher than two floors with a wooden frame was changed. Today multi-storey buildings are being built in Skellefteå, Sundsvall, Växjö, and Stockholm with others. Despite this only one of five houses being built today has a wooden frame. Since the municipality is a key force to get projects with wooden frames, this papers purpose is to improve tender document for the opportunity to submit bids and building with wooden frames. To help us forward with our work three questions were formulated. 1) What is the basis from a wooden constructions company perspective, of which they determines if they can place a bid or not? 2) What is the difference between tender documents made by a municipality compared to a private buyer? 3) How can tender documents be improved to create an opportunity to place a bid containing an alternative frame system? To answer these questions a literature study was carried out. The literature study is the basis of this paper. To obtain empirical data a document analysis of tender documents was carried out. The result of the study shows that wood frames are hard to adapt to an already finished technical specification, or to a tender document containing an extensive technical specification. To obtain alternative solutions, the buyer should focus on object design, form and function, or a general technical specification. Instead the technical specifications should be drawn up by the supplier, or in collaboration with them. The tender evaluation should be made by the most economically advantageous rather then the lowest price. Then the buyer can evaluate the offers against each other, rather then choosing the lowest price. This also gives the possibility for suppliers to make a bid containing an alternative solution. As a continuation of this paper, we recommend a study on which impact a general technical specification has on the project final cost.  Furthermore a study exploring which possibilities partner procurement can have alternative solutions in the Swedish procurement act. This report deal exclusively with how tender documents should be formulated. Life cycle analysis, carbon dioxide emissions and strength calculations will not be executed.

1 Abstract The public procurement market that accounts for a significant share of the Czech GDP represents an institution of high rent-seeking motive and corruption potential. Donations to political parties can be used as an indirect linkage between political parties and firms as potential suppliers of public contracts. We analyse whether connections and donations influence the number of supplied contracts, volume of supplied contracts and the number of bidders in the tendering process. Furthermore the impact of donations and connections on firms' performance and profitability is assessed. We identify significant effects on number of contracts, volume of contracts, dependence on revenues from contracts and number of bidders of both giving donations and history of employing a politically active person.

The subject of the thesis is "The Budgetary Management of Contracting Authorities With Relation To Public Contract Awarding". It attempts to point out some relations between the budgetary law and the law of public procurement on the example of public contract awarding carried out by public contracting authorities. The thesis is composed of six chapters. The first chapter deals with the definition of the budgetary law, it subject matter and its legal sources. The second chapter presents the definition, the subject matter and the legal sources of the law of public contracts. The third chapter follows in which the basic concepts and legal institutions of the budgetary law and the law of public contracts are presented. The fourth chapter describes the main principles by which the budgetary law and the law of public contracts respectively are governed. In the sixth chapter some aspects of the public contract awarding and their impacts on budget management are briefly mentioned. The last chapter shortly discusses the field of a budget management control in connection with the public procurement.

The master's thesis is focused on the analysis of the conditions for use of particular modes of public tenders under the Act no. 137/2006 Coll., on Public Contracts, as amended. The main part of the thesis covers the negotiated procedure without prior notice, as the least transparent and yet frequently used type of award procedures. However, principal characteristics of all other types of award procedures are also mentioned. To provide a complete and sufficiently detailed analysis and comparison of particular types of award procedures, this thesis refers not only to doctrinal literature, but also to case law of the Office for the Protection of Competition, the Regional Court in Brno, the Supreme Administrative Court and also European case law. The thesis also includes analysis of selected provisions of Act no. 55/2012 Coll., effective as of 1 April 2012, significantly amending the Act on Public Contracts.

Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...

Although Sustainable Public Procurement (SPP) is often seen as a powerful tool to drive sustainability across its supply chain, there is little available research in terms of how SPP actually influences its suppliers’ sustainability practices and what challenges are being faced during the process. In this study, we shed light on both issues by exploring SPP using Institutional and Power Dependence Theory in the context of the surgical instrument industry in Sweden. Methodologically, the study is grounded in an exploratory design and employs in-depth interviews with multiple stakeholders to gain a holistic understanding of the phenomena being studied. The study revealed that SPP mainly influences suppliers by requiring them to evaluate their own sustainability practices, engage in collaborative actions and make alterations when they fail to comply with the contractual terms.The most significant challenge resulted to be the lack of resources, resulting in the inability to perform sufficient follow-ups, engage in meaningful conversations with suppliers and procurers having to buy unsustainable products because of their tight budgets. Another major challenge was Sweden’s forerunner position when it comes to SPP on an international level, resulting in reluctancy on the part of international suppliers to alter their sustainability practices.

Esta tese analisa a insercao da sustentabilidade nas contratacoes publicas brasileiras, em perspectiva interdisciplinar que relaciona Direito, Etica Ambiental e Desenvolvimento. Empreende-se analise do modelo de Desenvolvimento brasileiro, focado no crescimento economico e as limitacoes decorrentes. A Sustentabilidade e estudada como valor e principio, em conteudo multidimensional que ultrapassa o classico tripe ambiental, social e economico, com destaque a Etica. A partir da jusfilosofia, o Direito e examinado em suas funcoes de contencao, legitimacao economica e manutencao do status quo, suas relacoes com o desenvolvimento economico, assim como em seu potencial de desencadear transformacoes sociais, pela substituicao de uma racionalidade calcada nos mitos da lei e do progresso por paradigmas emergentes fundados na Etica Ambiental e na Sustentabilidade como principio e valor. A pesquisa e conclusiva pelas contratacoes publicas sustentaveis brasileiras como vetores da consecucao de um ideal de Desenvolvimento que nao se restrinja aos aspectos economicos, mas que foque nas liberdades humanas, no bem-estar intergeracional, na preservacao ambiental e na reducao das desigualdades sociais, por meio de um Direito atuante e transformador e das conexoes entre teoria e pratica. Conclui-se que as contratacoes publicas sustentaveis brasileiras provocaram uma fissura na hegemonia da regulacao que caracteriza o Direito e a Administracao Publica pelo conteudo emancipatorio que a juridicidade e a articulacao dos atores em rede podem assumir. / This thesis analyzes the insertion of sustainability in Brazilian public procurement, from an interdisciplinary perspective that relates Law, Environmental Ethics and Development. The study puts under analysis the development model adopted in Brazil, focused on economic growth, and its resulting limitations. Sustainability is examined as a value and a principle, in a multidimensional content that surpasses the classical tripod based on environmental, social and economic dimensions, with emphasis on Ethics. From a Philosophy of Law approach, Law is scrutinized in its functions of contention, economic legitimation and status quo maintenance, its relations with economic development, as well as its potential to unleash social transformation, by replacing a rationality based on the myths of law and progress with emerging paradigms founded on Environmental Ethics and Sustainability as a principle and a value. The research demonstrates that Brazilian sustainable public procurement is a vector for the achievement of an ideal of development not restricted to economic aspects, but focused on human liberties, intergenerational welfare, environmental preservation and reduction of social inequalities, by means of an active and transforming Law and the connections between theory and practice. The work concludes that Brazilian sustainable public procurement breaks the hegemony of regulation that characterizes Law and Public Administration, due to the emancipatory content that can be assumed by Law and the articulation of the agents in network.

Orientador: Luiz César Ribas / Resumo: Avançar de uma cultura consumista para uma sustentável e passar a adotar políticas socioambientais representa atualmente, além de uma necessidade, um desafio global. Dentre os desafios da sustentabilidade encontra-se a proposta de contratação pública sustentável, pelo que se pretendeu analisá-la em conjunto com as políticas públicas de incentivo a ela, com foco no caso concreto do Tribunal de Justiça do estado de São Paulo (TJSP). Em legislação recente, com a Lei n. 12.349, de 15 de dezembro de 2010, foram introduzidas algumas alterações no Estatuto da Lei n. 8.666/93. No caput do artigo 3º desta lei, passou a constar a obrigatoriedade de se buscar, além da seleção da melhor proposta, a promoção do desenvolvimento sustentável nas contratações da Administração Pública. Entende-se que é possível, por meio do procedimento licitatório, contribuir para assegurar o constitucional direito ao meio ambiente ecologicamente equilibrado e incrementar políticas públicas sociais. A partir da hipótese de que há desafios que dificultam a implementação das contratações públicas sustentáveis, a pesquisa teve como problemas identificá-los e propor formas de encaminhamento para sua superação. Para tanto, foi utilizada metodologia com base qualitativa que, em um primeiro momento, concentrou-se em pesquisa exploratória, bem como teórico-bibliográfica, com reunião e revisão de literatura doutrinária e legislação correlatas, além de buscas (com análise) de documentos públicos oficiais, disponíveis e... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: Moving from a consumerist culture to a sustainable one and adopting social and environmental policies nowadays represents, in addition to a necessity, a global challenge. Among the challenges of sustainability is the proposal of sustainable public procurement, which is why it is intended to analyze it together with the public policies that encourage it, focusing on the concrete case of the Court of Justice of the state of São Paulo (TJSP). In recent legislation, Law n. 12,349, dated December 15, 2010, introduced some changes in the Statute of Law n. 8.666/93. As determined in the caput of article 3 of this law, it became necessary to seek, in addition to selecting the best proposal, the promotion of sustainable development in the hiring of Public Administration. It is understood that it is possible, through the bidding procedure, to contribute to ensure the constitutional right to the environment ecologically balanced and to increase public social policies. Based on the hypothesis that there are challenges that prevent the implementation of sustainable public contracting, the research has had the problems of identifying them and proposing ways to overcome them. In order to do so, a qualitative-based methodology was used, which initially focused on exploratory as well as theoretical-bibliographic research, with a gathering and review of doctrinal literature and related legislation, as well as searches (with analysis) of public documents available on government sites. Semistruc... (Complete abstract click electronic access below) / Mestre