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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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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...
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Selected institutions of public procurement in the light of new legislation
Ryglová, Renata ; Horáček, Vít (referee)
This thesis 'Selected institutions of public procurement in the light of new legislation' describes the new legislation in the Czech Republic regulating the public procurement process, introduced by the new Public Procurement Act (Act No. 134/2016 Coll., on the Public Procurement Process, as amended - the "PPA") and its implementing regulation, and compares it to the previous legislation under Act No. 137/2006 Coll., on Public Procurement, as amended. The PPA came into force as of October 1, 2016 and has thus been in effect for a period of less than one year. As such, the PPA is considered a relatively new regulation which is still being explored, and which above all requires new case law to provide much- needed interpretation of some provisions which remain unclear or ambiguous. The PPA regulates the procurement process and establishes the rights and obligations of contracting authorities in the Czech Republic and of bidders and contractors, in accordance with the new EU directives. This thesis describes the principal differences and new types of tendering procedures (such as the 'innovative partnership' or the 'light regime') and legal institutions (such as the 'preliminary market consultations'), new grounds for exclusion from tendering procedures, and new qualification requirements introduced...
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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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Subject matter of public procurement process relating to municipalities
Čapková, Barbora ; Štěpánek, Petr (advisor) ; Sedláčková, Miroslava (referee)
The intent of this thesis Subject matter of public procurement process relating to municipalities is the analysis of the public procurement procedure undertaken by public authorities, mainly small towns and communities. As a part of the diploma I deal with the applicable legislation of the public procurement process regarding substantial changes to the process of public procurement made by new legislation that take effect 1. 10. 2016. I also deal with identification of basic problems regarding to public procurement process undertaken by small towns and communities and specify if the new legislation brings problem-solving effect on the public procurement process or not at all.
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Factors affecting the number of bidders in procurement auctions in the procurement of goods
Kozina, Anastasiia ; Pavel, Jan (advisor) ; Vaskovskyi, Anton (referee)
This bachelor thesis deals with the analysis of the factors affecting the number of bidders in the procurement auctions of goods. The main goal of this work will be to find out how the various factors can influence the number of contracting authorities in the tendering of public contracts. The theoretical part of the thesis is focus on the law aspect of the public procurement area and explain how the legislation divides the public procurement market in the Czech Republic and the impact these divisions have on the overall efficiency of public procurement. In the practical part, a regression analysis of the influence of the main factors on the number of bidders is carried out. In the end, recommendations will be proposed to discuss problems in public procurement.
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Comparative analysis of applying the public procurement law by authorities of state administrative and self-government
Rýcová, Markéta ; Ochrana, František (advisor) ; Langr, Ivan (referee)
(angl.) This thesis discusses the public procurement law. The thesis is a case study. The author follows up on how the law is being used with public procurement at chosen institutions of the state administrative and self-government. The first part of the thesis deals with the explication of the term public procurement and other related terms. The explanation of the term public procurement as the tool of public policy serves as an acquisition. Furthermore, the thesis covers theoretical concepts, which enter the process of public procurement. Through the process of analysis, the analysis of documents and comparative analysis, the author determines whether the law is sufficient for the acts the people working in public procurement have to carry out. The results of the analysis indicate that there are stages of public procurement in which there is a need of creating a methodical material regarding procedures.
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The course of restricted bidding procedure in public procurement
Čechová, Štěpánka ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The topic of this diploma thesis is The course of restricted bidding procedure in public procurement. It is one of nine types of award procedures which are allowed by act on public procurement. The thesis is compiled with respect to short effectiveness of new Act. Nr. 134/2016 Coll., on public procurement, its main legislative source, which is however on many places compared to foregoing Act. Nr. 137/2006 Sb., on public procurement, as amended. In the first section of the thesis there is short excursion into history of public procurement. Second part is dealing with legislation regulating public procurement, namely European legislation, local laws and decrees. Third section is defining major terms relating to public procurement. In fourth section the discussed issues are being narrowed down to above-the-threshold public contracts, by which the usage of the restricted procedure is not limited by any conditions as other types of award procedures usually are. All other types of award procedures which can the contracting entity chose for above-the-threshold public contracts are shortly discussed in this section. Fifth section is discussing initiation of award procedure, submission of requests to participate, tenders, their submission and opening. Sixth part is dedicated to assessment of tenders and...
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Bid Protests in Public Procurement: Czech Case
Nedvěd, Adam ; Skuhrovec, Jiří (advisor) ; Soudek, Jan (referee)
Bid protest mechanisms provide supervision over public procurement processes. If set up properly, these mechanisms improve both ex-ante and ex-post e - ciency of public procurement. However, decentralisation of the oversight can create opportunities for bidders to strategically abuse the system at the soci- ety's expense. In order to assess e ciency of the Czech bid protest mechanism, an empirical policy analysis of was conducted using a unique combined dataset of all bid protest rulings of the Czech supervising authority linked to a com- plete dataset of public contracts procured between 2007 and 2014. Econometric methods for panel data analysis were employed in order to estimate e↵ects of bid protesting on returns in form of awarded contracts. The selected approach made it possible to focus on individual relationships between contracting au- thorities and their suppliers. The results show significant di↵erences between returns of protest against EU co-funded and EU unfunded contracts. Moreover signs of strategical system abuse related to public works contracts were found.
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Public contract financing and supervising
Hrinko, Slavomír ; Karfíková, Marie (advisor) ; Boháč, Radim (referee)
1 ABSTRACT The thesis deals with public contract financing and supervising in Czech Republic according to Czech national law with respect to European Union directives. The aim was to analyze existing law in area of public contract financing based on practical experiences with public as well as commercial procurement and propose improvements of law provisions, which can lower the cost of public contracts. Major and minor specific changes were recommended mainly for Act No. 137/2006 Coll., public procurement law (hereinafter referred to as the "public procurement law"), as subsequently amended, in following areas: Deeper applying of 3E principles - Public contract authority shall act much more economically, effectively and efficiently during whole public contract lifecycle from defining needs to fulfill public contracts. The public contract authority obligation to act according to 3E principles shall be directly included into public procurement law. Increasing level of free and fair supplier competition - Three main principles of equity, non-discrimination and transparency shall be applied by public contracting authorities more extensively. The rules of public tendering process shall be simplified. Administration obstacles for supplier participation shall be removed. The space given by law to public...
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