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Electronic Public Procurement
Šandor, Matej ; Švarc, Zbyněk (advisor) ; Štěpánek, Petr (referee) ; Jurčík, Radek (referee) ; Vršecký, Radek (referee)
This thesis deals with the issue of electronic public procurement. The aim of this thesis is to confirm or disprove the following hypotheses. The first hypothesis of this dissertation is the claim that the current legislation constitutes an adequate legal basis for the implementation of electronic public procurement. The second hypothesis states that the electronic public procurement is more efficient and more transparent than the public procurement without electronization. Examining the first hypothesis was chosen in order to determine whether it is necessary to change the law for the possibility of fully electronic public procurement. The second hypothesis, then, in essence asks whether electronization of public procurement improves the efficiency of public procurement and whether it contributes to increase the transparency of public procurement.
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The reasons for inefficiency of public procurement
Havlová, Irena ; Štěpánek, Petr (advisor) ; Vršecký, Radek (referee)
The aim of this thesis is to explore the area of public procurement and to identify ways by which the inefficiency is caused. The work is based on the assumption that the procurement inefficiency exists and tries to uncover it by examining selected passages of the Law on Public Procurement. The first part deals with public procurement in general and the relevant legislation, the second part deals with the most problematic areas of the Law on Public Procurement which are demonstrated by practical examples and includes suggestions for possible improvement.
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Contracompetitive decisions of contracting entities
Vršecký, Radek ; Boháček, Martin (advisor) ; Kotoučová, Jiřina (referee) ; Marek, Karel (referee) ; Krč, Robert (referee)
The thesis deals with typical decisions made by contracting entities which restrict the competition among economic operators. The thesis analyses the typical mistakes which are made by the contract entities in awarding procedures. The causes of mistakes being made by contracting entities can be summarized into three groups. Into the first group belong conscious mistakes. For these mistakes shall be contracting entities` agents held responsible. Into the second group belong mistakes in planning. Mistakes from the third group are made as a consequence of lack of professional skills. None of these mistakes can be prevented just by an amendment to the Act on Public Contracts. Any proposal of an amendment solving the lack of professional skills shall consider also all connected negative effects; mainly additional time demands, financial costs and the risk of underfinanced praxis turning into formalism. Professionally skilled agents are usually more careful when they apply the Act on Public Contracts because they are aware of legal risks. Considering current limited budget resources it should be decided whether to put stress on cooperation with internal or external experts. The author recommends internal experts because external experts do not do their best if they are aware of the fact being not controlled effectively by internal experts. However the current Act on Public Contracts is not perfect, the duties laid by it are enforced successfully. Considering a new amendment also the legal theory shall be taken into account. The author presumes similarity of preventing of breaches against the Act on Public Contracts and of preventing of crimes. The most important factor preventing from criminality is to be aware that the punishment is inescapable, not its rates. The author points out also the opinion of the general theory of law according to which a new act is to be passed only if there is an objective necessary need. It should not to be passed by a fortuity or because of subjective views. There should be also a time space between the amendments. There was an amendment to Act on Public Contracts approved in 2010 and European Union currently prepares amending of awarding directives. The author therefore prefers improving the praxis of awarding in the Czech Republic by granting additional human resources to the Office for the Protection of Competition to passing of another amendment to the Act on Public Contracts. The scope of the Act on Public Contracts is also not convenient for amending a list of contract clauses which are not allowed to be concluded by contracting entities. There are two reasons. Contracting entities are constituted by various groups of subjects and contracts selling their property are outside the scope of the Act on Public Contracts. Contracting entities should use standard awarding procedure to promote competition among economic operators. They should concentrate on exactness of tender conditions. A good prevention to mistakes in awarding procedure is also good planning and skilled human recourses of contracting entities.
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Current changes in legislation of public procurement
Jindrák, Jiří ; Štěpánek, Petr (advisor) ; Vršecký, Radek (referee)
Public investment is an area, which is getting greater and greater economic and political importance, this statement does not rule only in Czech Republic, but also in European Union countries. This thesis is focused on regulatory developments of public procurement of Czech Republic. The practical part of this work identifies general tendencies in the development of public procurement law, beside to prepared amendments of this field, this thesis deals with issues in public procurement.
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