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Cross-border public procurement
Ducháček, Tomáš ; Skuhrovec, Jiří (advisor) ; Schneider, Ondřej (referee)
The ability to bid for public contracts over the national borders is an inherent part of European Single market. In recent years, there have been efforts to further increase the rates of cross-border tendering by mitigating the administrative obstacles in the process - primarily the implementation of electronic procurement. In this thesis we found out that the effect of this measure is rather limited - evidence suggests that it led to increase in total number of bids, but the rate of cross- border awards remained stable, as well as a cross-border bidding. Furthermore, the fixed effects of European Union member states are analyzed to examine any evidences of domestic protection. The results suggest that the countries who joined the European Union in the last accession waves show the lowest rates of cross-border awards. However, no examples of direct domestic protection have been discovered.
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Analysis of decision making of the Czech Office for the Protection of Competition in public procurement cases
Ducháček, Tomáš ; Soudek, Jan (advisor) ; Skuhrovec, Jiří (referee)
This thesis analyzes the decision making of the Czech Office for the Protection of Competition in public procurement cases. It deals with both procurement oversight and the underlying incentives of the participants of proceedings. The aim of this thesis is to show the motivation of participants of proceedings is various and it often differs from the initial purpose of the oversight. The decisions of the Office and the length of proceeding before the Office play an important role in the incentives of participants. First, the author summarizes the legislative framework of the proceeding before the Office with emphasis on economically important aspects. Then he performs the analysis of the decisions. The results show that the length of proceeding before the Office is quite long and both contracting authorities and petitioners respond to this fact. The contracting authorities tend to cancel the procurement or make a deal even during the proceeding, on the other hand some the petitioners submit frivolous proposals. In addition the fines imposed by the Office are rather on lower boundary.
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