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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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analysis of inventory of construction work, materials and services
Mikulík, Michal ; Výskala, Miloslav (referee) ; Aigel, Petr (advisor)
Thesis is focused on the issue of compiling an inventory of works, supplies and services of the construction, which is part of the tender documentation for public contracts. The work deals with the issue of prices, budgets and the tender documentation itself. It also lists the most common errors in compiling a list of works, supplies and services in accordance to Decree No. 169/2016 Coll. Individual errors are written and subsequently analyzed according to selected parameters. Based on this analysis, a methodology for checking inventories of works, supplies and services is compiled.
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Obstacles in public tenders (cas of Information system for overseeing gambling)
Hrušková, Martina ; Ochrana, František (advisor) ; Lukavec, Tomáš (referee)
This bachelor thesis discusses obstacles in the procedures of pre-tendering and tendering phases of public procurement. The thesis is a case-study, that works with a specific public contract under the name of "Supply and implementation of Information system for the supervision of gambling". The thesis aims to clarify the process of public procurement and point out the obstacles and weak spots in the system, which cause delays or abolitions of public contracts. It does so with the help of dividing the process into phases according to the work of Langr and Ochrana "Systemic Corruption in Public Procurement" (2015). The research is based on the information from the official reports of the public tender, information from relevant respondents taking part in public procurement and draws from scientific literature and previous researches. Last, but not least, the thesis tests the theory of "Factors Affecting the Length of Procedure in Public Procurement" by Plaček, Schmidt, Ochrana et al. (2019), which presents four factors affecting delays. The thesis confirms the theory and assigns each factor with obstacle that causes a delay.
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The issue of the transparent public procurement in the Czech Republic
Hnátová, Michaela ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
This qualitative case study focused on transparent public procurement. In the first three parts, the entire procurement process as well as the economic, legal and public policy definition were described through document analysis and secondary data analysis. The issue of the transparent behavior of the contracting authorities and the publication of relevant information was assessed more in detail. This fullfill the first secondary goal of the thesis - to describe the entire tender process and describe the transparent behavior associated with public procurement. The fourth part focuses on secondary analysis of data on the theoretical anchoring of the phenomenon. In the fifth part, the research analyzes the behavior of 12 selected public contracting authorities and tenderers using the mentioned qualitative methods. The answers of respondents are compared using tables and diagrams as well as the theoretical background. This was the second part of the thesis - to bring together the opinions and experience of the contracting authorities and tenderers and to compare them with the theoretical background. The benefit of the work is the development of a possible proposal how to improve the current situation in the area of contract transparency, thus fulfillment of the third secondary partial goal of 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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Strategic Management of Firm Bankruptcy
Oslizlo, Petr ; Foerser, Pavel (referee) ; Kopřiva, Jan (advisor)
Disrespect of economic laws and their relations or the violation of any law standards concerning company’s activities can result in its shutting down and following cessation. The cessation of the company is preceded by its dissolution with or without liquidation provided that its property is passed to a legal successor in title. The term liquidation refers to the settlement of debts and property of the dissolved subject. This diploma thesis is particularly focused on individual stages of liquidating process of business organizations and their relation on legal standards.
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Special modes of contracting by entrepreneurs
Coubalová, Veronika ; Horáček, Tomáš (advisor) ; Čech, Petr (referee)
Thesis title:Special modes of contracting by entrepreneurs This paper deals with the specific ways of closing a contract regulated by the Civil Code, such as auction, public tender and public offer. However, before proceeding to the very subject of this work, it is necessary, at least in the essential features to say, what is a contract and what is the typical way of closing a contract, when it is afterwards discussed what is the special ways of closing a contract. The first chapter deals with the concept of a contract and a typical way of closing it. The second chapter summarizes how to deviate from a typical way of concluding contracts and what arrangements are then used for this procedure. Since this work is aimed at entrepreneurs, so it deals with the specific ways of closing a contract particularly from their point of view. Therefore the paper firstly defines who is an entrepreneur according to the Civil Code and how the rules for contracting are different in regard to entrepreneurs. Although it is not a way of concluding a contract, at the end of the second chapter, a brief description of the public promise is provided, so that it can be judged which legal action results in the conclusion of a contract and which is a public promise and creates an obligation to provide performance without...
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The process of contracting and change of public procurement contract
Kubeš, Jiří ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
79 Abstract The method of entering into a contract in public tenders according to Act. No. 134/2016 Coll. is a civil contractual process with a high degree of formalization and legal regulation. This makes it different from the general contractual process in civil law. The first chapter of this thesis is devoted to the analysis of public tenders in terms of setting up the legal framework. It goes into a conclusion that contractual process in public tender is part of the civil law with the subsidiary use of civil law rules, especially the Civil Code. The second chapter deals with a contractual process in a public tender itself. The process is divided into two phases - a precontractual phase and contractual phase. The precontractual phase includes procedures of the public tender that determine the clarification of content of the contract and the range of contractors. The contractual phase contains mainly the actual entering into a contract with successful tenderer. The chapter describes the specificity of the contractual process in a public tender since the announcement of the tender up to the actual entering into a contract. These specificities are introduced in relation to the open procedure being used in upper-tier mode. At the end of the chapter, there is a comparison with other types of proceedings and...
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Concluding a contract resulting from public tender
Průchová, Zuzana ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The purpose of writing this thesis is to analyse the most important aspects of concluding a contract resulting from public tender. The thesis is composed of three main chapters. The first chapter deals with the definitions of basic terminology in the field of public tender, the purpose of the public procurement procedure and legislation related to the concluding a contract resulting from public tender. The second chapter concerns with the most important and the most interesting aspects of the final phase of public procurement procedure. I point out that the bidder is bound by its offer and that he has the obligation to cooperate when entering into the contract within specified period of time. In this part of the thesis I also describe the procedure of concluding small-scale public contracts and the procedure of concluding a contract resulting from public tender based on framework agreement. I also examine the publication of contracts in relation to the proposal of Register of Contracts Act. The third and final chapter is focused on the possibility of changing the contract resulting from public tender. In this context, I mention the case law of the Court of Justice of the European Union, especially key decision Pressetext. On the basis of this decision new provision related to the prohibition of...
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Concluding a contract resulting from public tender
Pabišta, Karel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis aims to discuss the process of concluding contracts resulting from public tender, and its comparison with the draft law on procurement procedures approved by the Czech government. The thesis describes the current legislation on concluding contracts resulting from public tender and its subsequent amendments in three separate chapters. The first chapter briefly defines the basic terminology of the public procurement procedure, which is crucial for the whole process of concluding public procurement contracts. The second chapter deals with selected aspects of conclusion of public procurement contracts in open procedure. These aspects are commencing of tender procedure, boundness of the submission of tender, security, opening of envelopes with submissions, and the selection of the best submission and obligations of public authorities after conclusion of public procurement contract. Chapter three is the most detailed part of the thesis, which deals with changes in public procurement contracts. Chapter three first describes the development of the case law of the Court of Justice of the European Union, and then is followed by changes in the subject of public procurement contracts and changes in the contracting parties of public procurement contracts. Powered by TCPDF (www.tcpdf.org)
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