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Public Procurement Procedures and Their Effects: Evidence from the EU
Čep, Jiří ; Palanský, Miroslav (advisor) ; Matoušek, Jindřich (referee)
The goal of this thesis is to analyze the effect the choice of procurement procedure has on the price of public procurement. We achieve this by investigating the dataset on public procurement data in the EU by the Digiwhist project. In the presented model, we explain the variation in the difference of final and estimated price of procurement as a function of procurement procedure used and a set of auction characteristics such as the number of bidders, contract complexity, type of supply and others. The results show that the open procedure is generally superior to its alternatives in terms of monetary savings. We also demonstrate that in the open procedure, the largest part of the cost reduction comes from the competition effect caused by the number of bidders present, whereas other procedures are not as sensitive to changes in the number of bidders. We find that the average number of bidders is significantly lower than the optimal number would be. 1
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Negotiated procedure
Koudelka, Martin ; Plíva, Stanislav (advisor) ; Horáček, Tomáš (referee)
The master's thesis focuses on one aspect of public procurement law in the Czech Republic. Specifically, it provides with thorough interpretation of the Czech legal regulation of conditions allowing for using negotiated procedure with prior notice or negotiated procedure without prior notice to award a public tender. In order to achieve such purpose, the thesis uses information from the 137/2006 Coll., Public Procurement Act, as amended, available doctrinal literature and case law of the Office for the Protection of Competition, Czech courts and the European Court of Justice. The interpretation is performed to compare the Czech regulation with the one contained in relevant European directives (2004/17/EC, 2004/18/EC and 2009/81/EC). After interpretation of these directives focused majorly on differences from the Czech law, the thesis provides conclusions about correctness of transposition of the directives into Czech legal system, which is the core of its focus.
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