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Construction Order Preparation and Management from Aspect of Investor
Fialová, Jana ; Michek, Petr (referee) ; Nováková, Jana (advisor)
The aim of this diploma thesis is a construction order preparation and management from aspect of investor. The diploma thesis is divided on the theoretical and practical part. The theoretical part contains information about life cycle of the project, the legislative environment, financing and about contractual relations between projects. In the practical part, these theoretical knowledge are subsequently are applied to a particular public contract where the investor is the town of Mohelnice. A target of this diploma thesis is to describe and analyze the entire course of the implementation of the public construction contract from preparation to completion and putting into operation.
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Construction Order Preparation and Management from Aspect of Investor
Vomočil, Filip ; Májek, František (referee) ; Nováková, Jana (advisor)
The principal objective of the thesis is to provide the reader with information related to the subject matter of preparation and management of a construction contract from the perspective of an investor. The task of the thesis is to desrcibe the process of the particular stages of life cycle of a certain construction contract from the point of view of an investor and to analyze the issues of environmental protection and its impact on the preparation of constructions. The required outcome of this thesis is the creation of respective documentation for management of a construction contract.
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Responsible public procurement
Kubíska, Pavel ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Responsible public procurement Abstract The thesis deals with the issue of responsible public procurement in the Czech Republic. Responsible procurement in the context of this work means the award of public contracts in which, in addition to satisfying the primary needs of the contracting authority, the secondary needs are otherwise satisfied or partially satisfied, which is mostly enshrined in the adopted policies of the state. That means public funds are used at a maximum efficiency. The aim of this work is to describe the legal environment of public procurement in the Czech Republic and to describe the possibilities for responsible procurement, which Act No. 134/2016 Coll., On the award of public contracts to contracting authorities. This work is divided into an introduction, seven chapters and a conclusion. The first chapters are devoted to the sources of public procurement law and basic concepts. Furthermore, the basic principles of public procurement law are described here. The following chapters deal in more detail with the concept of responsible public procurement and the possibilities that the contracting authority has for such procurement, including a description of the possibility of using the Best value approach. Chapter six briefly focuses on the issue of responsible procurement and the...
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Selected issues of public tender: the institution and types of public tender
Večerková, Kateřina ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
The presented thesis addresses selected questions within the topic of public tender competitions, with focus on defining the term "public tender" and defining different types of public tenders. The thesis attempts to explain current legal environment of public tenders with regard to the amendment which has entered into force on September 15, 2010, and which has altered certain establishments of the Public Tenders Act. Alternations occurred also in the establishments focused on in this thesis; and because there has been no statutory interpretation or judicature yet, this thesis attempts to shed light on the implications of the amendment on the selected establishments. Definition of the term "public tender" is crucial from the viewpoint of full compliance of the Public Tenders Act; therefore, definition of the term along with its proprieties is one of the core topics of this thesis. Connected to this topic is also the question of proper definition of the term contracting authority, and assortment of subjects into correct contracting authority categories. This assessment is deemed fundamental for public tender competition. The thesis attempts to analyze situations where contracting authority specification is ambiguous. The case of ČEPRO, a.s., was chosen as a practical example to demonstrate such...
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Budget management by public contracting parties with respect to invitation for public tenders
Bláha, Robin ; Boháč, Radim (advisor) ; Marková, Hana (referee)
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.
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Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
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...
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The most frequent misconducts of contracting authorities in procurement process including case law
Tomková, Miroslava ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
This thesis deals with the most frequent misconducts of contracting authorities in procurement process and also includes relating case law. However public procurement belongs to commercial law, its specific legislation makes it "sui generis". It means that public procurement in the Czech Republic is to a certain extent independent. Public procurement is also very emerging field of law. Since 1995, when the first comprehensive legislation came into force, contracting authorities had to become acquainted with 4 different legislations governing public procurement. It is already known, that in 2016 a new legislation governing public procurement will come into force. Familiarization with each legislation can be, especially for less technically proficient contracting authorities, severe and leading to misconducts in procurement process. The purpose of my thesis is to analyse the most frequent misconducts of contracting authorities in procurement process and introduce the procedure which should be govern by contracting authorities so they would proceed in accordance with the law. The reason for my research is to bring answers for complicated, but also elementary problems that contracting authorities have to deal with in procurement process. The thesis is composed of twelve chapters, each of dealing with...
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Modes of public tender
Kohoutová, Adéla ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
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...
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Deficiencies in the conduct of contracting entities from the perspective of case-law of the Office for the Protection of Competition
Černý, Lubor ; Plíva, Stanislav (advisor) ; Eichlerová, Kateřina (referee)
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...
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