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Modification of a Public Contract
Kollmann, Jáchym ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
53 Modification of a Public Contract Abstract The thesis deals with the institute of changing a public contract as a result of unforeseen circumstances. The thesis is divided into several chapters and subchapters. The first chapter of this thesis is its general part. This chapter is devoted to the institute of the amendment of a public contract obligation in the context of its inclusion in the legal system of the Czech Republic. In particular, the chapter concerns the specificities of the regime of Act No. 134/2016 Coll., on public procurement, as amended (hereinafter referred to as the "PPA") as compared to the regime of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), which are justified by the specific purpose of the PPA and its principles. The second, crucial, chapter of the thesis focuses on the very institute of changing the obligation under a public contract as a result of unforeseen circumstances pursuant to Section 222 (6) of the PPA. This chapter is subsequently divided into subchapters, which consist of the individual conditions that must be fulfilled in order to amend a contract pursuant to Section 222 (6) of the PPA. The last subchapter deals with the analysis of the relationship of the provision in question of the PPA to the provisions of the Civil...
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Inadequate legitimization of public tenders: The case of PID uniform vehicle paint design
Barta, David ; Witz, Petr (advisor) ; Plaček, Michal (referee)
This bachelor thesis deals with insufficient legitimization of public tenders. As the main case, the design competition for the new coloring of vehicles falling under the Prague Integrated Transport is analyzed here. In the theoretical part, the general theory about public policies as public processes will be presented with the help of professional literature. Specific theories will concern the theory of legitimation. The main interest will also be the presentation of the ideal model of public competition from the point of view of public administration theory. In the practical part, primarily qualitative methods will be used, which should bring the opinions of all interested parties. This would be a single case study. One tool will be interviews with actors. Others will be media analysis, especially articles that relate to this topic. An analysis of official documents related to this topic, which were issued by the authorities for the competition, will also be carried out. Keywords: PID, public competition, public contracts, legitimization, project preparation, rules for approval. Number of characters: 74,291
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International aspects of Czech public procurement
Sommer, Lukáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International aspects of Czech public procurement Abstract This thesis focuses on international aspects of Czech public procurement. In the international area the Czech public procurement act determines the process how to establish decisive legal system governing the mutual public tender procurement of contracting authorities from different states of European union (one of them is obliged to act in accordance with Czech public procurement act) - cross border joint procurement, contains exceptions which can be used by the contracting authorities to act outside the regulation of this act, but in accordance with the rules of the international organizations and finally includes institutes which can affect foreign economic operators, from the area of possibility of foreign economic operators to participate in the public tender and from the area of qualifications which has to be proven by them. By the analysis of the appropriate provisions of the Czech public procurement act, judicature, law of European union and other sources I came to the conclusion that Czech public procurement act includes adequate institutes to be used when foreign economic operators participate in Czech public tender with international impact (with the correctives of behavior without discrimination and equal treatment), when Czech...
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The application of the Best Value Approach in the public procurement procedure under the Czech law
Ševčíková, Jana ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
1 The application of the Best Value Approach in the public procurement procedure under the Czech law Abstract This rigorous thesis concerns a specific approach to awarding of public contracts called the Best Value Approach (hereinafter referred to as " BVA") which has been gaining popularity in recent years in various countries in the world, including the Czech republic. In the first place, the aim of this thesis is to describe the BVA and to define its general principles and specific procedures applied to fulfil these principles. Following the above, this thesis aims to analyse the relationship between the BVA and the Czech legal regulation of public procurement, i.e., verify which instruments regulated by the Act No. 134/2016 Coll., on the award of public contracts, as amended (hereinafter referred to as "ZZVZ"), comply with at least some of the defined BVA principles and enable the application of this approach to awarding of public contracts under the Czech law. The first part of this thesis is focused on brief introduction of the Czech legal regulation of awarding of public contracts, its position in the Czech legal system, specific legal regulations of public procurement and the entities executing the supervision of compliance with these legal regulations and their interpretation. The second part of...
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Public procurement
Káňová, Marcela ; Zahradníčková, Marie (referee)
Public Procurement This dissertation focuses on certain aspects and institutes of the Czech Public Procurement Act (No. 134/2016 Sb.) adopted in 2016. These aspects and institutes represent manifestation of one of the most important conceptual changes brought by the Act compared to the previous legislation - strengthening of the principle of the autonomy of the contracting authority during the procurement procedure. The autonomy of will of the contracting authority, which is strengthened in the Act at the cost of greater responsibility of the contracting authority, is the most evident in the form of an institute aimed at eliminating almost any deficiencies in tenderers' bids (see Section 46 of the Act), but it has its limits. Furthermore, the grounds for the exclusion of tenderers (see Section 48 of the Act) are mostly defined as an option and not as an obligation of the contracting authority. At the same time, the new legislation also introduces completely new grounds for the exclusion - the so-called unsuitability of the tenderer, which may be based, inter alia, on the reasonable suspicion of the contracting authority that the tenderer is participating in a prohibited anti-competitive agreement. These new elements of the autonomy of the contracting authority naturally bring their own problems,...
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PPP Projects in the Czech Republic and Abroad
Slezáková, Denisa ; Vaňková, Lucie (referee) ; Korytárová, Jana (advisor)
The final thesis is focused on projects Public Private Partnership. The final thesis is focused on financing PPP projects, process realization and legal framework in Czech Republic. The final thesis is focused statistical development PPP projects in Europe and potential of Czech Republic to realize projects by method PPP based on the findings statistical findings.
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Effectiveness Of Public Procurement In The Czech Republic
SMUTNÍKOVÁ, Kristýna
This diploma thesis deals with the topic of the public procurement effectiveness in the Czech republic. Main goal of this thesis is to determine the effectiveness by using selected indicators such as transparency indicator, potential risk indicator, administrative capacity indicator. From indices of mentioned indicators, the arithmetic average score was calculated, which implicate index of good procurement. According to the final index is efficiency assessed within the comparison among states in Visegrad Group. To determine the results, a detailed analysis and visualization of data was used in PowerBI program which offers business intelligence functionality. At the very end of this thesis, conclusion and specific steps are formulated. These steps could increase the effectiveness of public procurement in the Czech republic.
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Optimization of the purchasing process in a selected organization
GRMELOVÁ, Petra
The diploma thesis deals with the purchase process, especially the purchase of fuel, in a selected contributory organization. The work uses the methods BPMN process diagrams, financial analysis, descriptions and comparisons and multi-criteria analysis, which uses the scoring method, weighted sum method (WSA) and TOPSIS method. Primary and secondary data were used for the work. Primary data were obtained from interviews with responsible employees and deputies, internal SOFT-PC program, Altus portal, internal analyzes of the sales department, internal data sent by XY, the organization's public procurement system and negotiations with AD representing the stock exchange organization on the Czech-Moravian Commodity Exchange. . Secondary data came from the web portal of the Vysočina Region and the Regional Administration and Maintenance of Vysočina Roads, p.o. Weaknesses were found in the internal regulation concerning the area of purchase, Directive 34/2010 on the circulation of accounting documents, in the potential theft or manipulation of the amount of diesel fuel in the banks. It was also found that the purchase of diesel through the CMKB is more expensive, more administratively demanding and longer. Finally, the organization was recommended to correct individual deficiencies, and above all, a multi-criteria analysis was performed when selecting a supplier for the purchase of fuel.
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Protection Against Incorrect Conduct of a Contracting Authority in the Public Procurement Process
JANOUŠKOVÁ, Aneta
This diploma thesis deals with the protection of the supplier and the company in general in the process of awarding public contracts by the contracting authority. The aim of the work is to analyze the possibilities of means of protection that can be used against procedure of contracting authority this way. The work is divided into two parts, theoretical, which contains the definition of public contract and the procedure for their award, a description of the basic principles of procurement act, analysis of individual means of protection of the contracting authority, overview of individual offenses and proposals de lege ferenda. The second part is a practical part, which analyzes specific examples of practice in, in order to approach and clarify some public contracts that were awarded in various types of procurement procedures. Whereas that this is protection against illegitimate procedures in public procurement, there are chosen that cases in which the inaccuracy confirmed and where there was an authoritative action by the Office for the Protection of Competition, or related bodies within justice the following examples are selected, for which incorrect confirmations were made and where there was authoritative action by the Office for the Protection of Competition, or related bodies within judiciary. The main element for the elaboration of the whole work became by the Act No. 134/2016 Coll., the Public Procurement Act, which was interpreted using selected case law, professional periodicals and commentary literature.
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