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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition
Šulcová, Dagmar ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition Abnormally low tender price is one of the most problematic issues in public procurement law. The aim of this thesis is a detailed analysis of the concept of abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition. The analysis is made both in relation to the Public Procurement act and the EU Directive on public procurement. After an introductory part the thesis is divided into seven main chapters. The first chapter outlines basic terms necessary for comprehensive analysis of further discussed issues. Chapter two deals with the concept of abnormally low tender price including its evolution in the former public procurement law. The third chapter focuses on the process of assessment of the tenders concerning the abnormally low tender price. This chapter deals with the request for explanation of the tenderer's tender price, with requirements of this explanation and with assessment of this explanation made by evaluation committee. Chapter four examines the zero tender price and the case law of administrative courts regarding the correct procedure in case of occurrence of this price. This chapter takes...
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Public Procurements in the Area of Land Adjustments Administrated by the Ministry of Agriculture of the Czech Republic
CHYTRÁ, Blanka
I have chosen the theme of procurement because before my maternity leave I worked in the land office in the Ceske Budejovice and this issue was part of my job. After restarting my work in September, I will again concentrate on public procurement. In my work I focused on prices of outcompeted procurements and abnormally low tender prices, which is currently being a lively debated topic. In the first part I compare financing of procurements of land reform in South Bohemia in relation to the prices in other regions of the Czech Republic between 2013 and 2014. In the second part, after a brief comparison of the prices of contracts during 10 years (2003, 2004 and 2013, 2014), I assess abnormally low tender prices by means of objectively assessable criteria with regard to transparency in public procurement.
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