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Evaluation of Public Contracts
Henrich, Filip ; Šimek, Martin (referee) ; Korytárová, Jana (advisor)
The bachelor thesis deals with the issue of supplier qualification and evaluation criteria of public tenders for construction works pursuant to Act No. 134/2016 Coll., On Public Procurement. The theoretical part contains an explanation of basic concepts and procedures in the field of public procurement. The practical part deals with the case study on the evaluation of the evaluation criteria of the public contract "Nezamyslice - trenchless repair of a part of the sewerage sewer" and the public contract "Construction of a new sports ground Bosonožská ZŠ, Brno-Starý Lískovec".
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Concluding a procurement contract
Svoboda, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this thesis is to provide a comprehensive analysis of the issue of the concluding of public procurement contracts. The thesis provides both an analysis on the conclusion of public procurement contract by itself, so the comprehensive overview and analysis of the acts required to the conclusion of public procurement contract. The thesis is divided into chapters. The first chapter provides the general definition of the public contracts. Next chapters chronologically describe the different phases of procurement procedure as follows: the phase before start of procurement procedure, the phase of procurement procedure, the phase of conclusion of public contract in the strict sense and the phase after the conclusion of contract. Separate chapter concerns the means of defense against the conclusion of public contract in breach of the applicable law.
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Specifics of the contracting process for award of the public contract
Randýsková, Hana ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Specifics of the contracting process for award of the public contract Abstract The rigorous thesis deals with legal regulation of the special contracting process that serves as grounds for awarding the public contract. The aim of the thesis is to perform an analysis of particular acts, which occur in connection with conclusion of a contract in the procurement procedure. The author looks at this significantly formalist process, which serves to allocate public funds, from the perspective of legislation of concluding contracts as defined in the Civil Code and tries to indicate relevant differences, but also similar elements of the described regulations. In the first part of the work, the classification of the legal regulation of public procurement within the system of law is first performed and the consequences that result from this fact are outlined. Subsequently, an analysis of the public procurement basic principles is performed with a focus on their influence during the contracting process. Connected to these leading ideas, the author is answering the question of whether they can also be found within the scope of general private law legislation in some form. The next part of the presented work is devoted to the acts, which, albeit they precede the commencement of the procurement procedure, often have a...
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Possible remedies for incorrect procedure used by contracting authority in public procurement
Randýsková, Hana ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Possible remedies for incorrect procedure used by contracting authority in public procurement Abstract The aim of the diploma thesis is to provide analysis of incorrect procedures of contracting authority in public procurement and possible remedies. Particularly from the position of the contracting authority itself and partially from the position of the economic operator, who is able to initiate corrective measures through the institutes of protection against irregular practices of contracting authority. The submitted thesis also deals with certain interpretative problems of the contemporary legislation of public procurement, which may be directly related to the mistakes of the contracting authorities. The first chapter discusses basic concepts of public procurement law and delineates exemplary conduct of one of the typical types of procurement procedure, namely open procedure. The second chapter deals with frequent mistakes and possible remedies of those mistakes by the contracting authority within the time limit for the submission of tenders. The focus of this chapter is on the procurement documents, its explanation and alteration or supplementation. The third chapter follows the second chapter, because it deals with incorrect procedure used by contracting authorities and possibilities of their remedies...
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The status of persons placing public contracts in specific sectors
Kolář, Filip ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...
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Evaluation of Public Contracts
Henrich, Filip ; Šimek, Martin (referee) ; Korytárová, Jana (advisor)
The bachelor thesis deals with the issue of supplier qualification and evaluation criteria of public tenders for construction works pursuant to Act No. 134/2016 Coll., On Public Procurement. The theoretical part contains an explanation of basic concepts and procedures in the field of public procurement. The practical part deals with the case study on the evaluation of the evaluation criteria of the public contract "Nezamyslice - trenchless repair of a part of the sewerage sewer" and the public contract "Construction of a new sports ground Bosonožská ZŠ, Brno-Starý Lískovec".
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Criminal activity in connection with public procurement
Jiráček, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The author analyses the existing legislation regarding crime related to public procurement, focusing on those that directly relate to public procurement. The primary objective of this thesis is a thorough analysis of sections 248 paragraph 2 alinea 2, section 256 and section 257 of the Czech criminal code. Following a brief historical introduction this thesis describes some of the important legal instruments present in the new law regulating public procurement, emphasising the new ones that may have a strong impact on criminal liability. The main part of the thesis then analyses the three aforementioned crimes, putting emphasis on the recent decisions of the Czech courts in this matter. The author also provides practical examples of criminal conduct related to public procurement. The author also focuses on some other crimes that may not be directly related to public procurement, but are in practice more or less often committed in relation to public procurement or together with the three aforementioned crimes. The author has also carried out a detailed analysis of the available case-law related to the crimes described in sections 248 paragraph 2 alinea 2 and 257 of the Czech criminal code in a time period between its entry into force up to the date of submitting this thesis. The reason for this...
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