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Public procurement
Káňová, Marcela ; Zahradníčková, Marie (referee)
Public Procurement This dissertation focuses on certain aspects and institutes of the Czech Public Procurement Act (No. 134/2016 Sb.) adopted in 2016. These aspects and institutes represent manifestation of one of the most important conceptual changes brought by the Act compared to the previous legislation - strengthening of the principle of the autonomy of the contracting authority during the procurement procedure. The autonomy of will of the contracting authority, which is strengthened in the Act at the cost of greater responsibility of the contracting authority, is the most evident in the form of an institute aimed at eliminating almost any deficiencies in tenderers' bids (see Section 46 of the Act), but it has its limits. Furthermore, the grounds for the exclusion of tenderers (see Section 48 of the Act) are mostly defined as an option and not as an obligation of the contracting authority. At the same time, the new legislation also introduces completely new grounds for the exclusion - the so-called unsuitability of the tenderer, which may be based, inter alia, on the reasonable suspicion of the contracting authority that the tenderer is participating in a prohibited anti-competitive agreement. These new elements of the autonomy of the contracting authority naturally bring their own problems,...
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Public Procurement
Káňová, Marcela ; Štenglová, Ivanka (advisor) ; Liška, Petr (referee) ; Zahradníčková, Marie (referee)
Public Procurement This dissertation focuses on certain aspects and institutes of the Czech Public Procurement Act (No. 134/2016 Sb.) adopted in 2016. These aspects and institutes represent manifestation of one of the most important conceptual changes brought by the Act compared to the previous legislation - strengthening of the principle of the autonomy of the contracting authority during the procurement procedure. The autonomy of will of the contracting authority, which is strengthened in the Act at the cost of greater responsibility of the contracting authority, is the most evident in the form of an institute aimed at eliminating almost any deficiencies in tenderers' bids (see Section 46 of the Act), but it has its limits. Furthermore, the grounds for the exclusion of tenderers (see Section 48 of the Act) are mostly defined as an option and not as an obligation of the contracting authority. At the same time, the new legislation also introduces completely new grounds for the exclusion - the so-called unsuitability of the tenderer, which may be based, inter alia, on the reasonable suspicion of the contracting authority that the tenderer is participating in a prohibited anti-competitive agreement. These new elements of the autonomy of the contracting authority naturally bring their own problems,...
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Vendor lock-in in IT procurement
Duraj, Adam ; Skuhrovec, Jiří (advisor) ; Vozková, Karolína (referee)
The paper concerns with vendor lock-in in public procurements on information and communication technologies (ICT), examined it in general and theoreti- cally handle how it could be prevented. The primary aim of the study is to find out if some criterions of public procurements lead to higher lock-in rate or not and if higher vendor lock-in rate leads to the higher profit of the suppliers. The results showed that higher number of bids in the initial procurements leads to lower lock-in rate. On the other hand, the hypotheses about the European Union (EU) funds and the price criterion were not proved. Also, we have not proved the hypothesis that higher lock-in rate leads to the higher profit of the suppliers. Another finding of the paper is that public sector suffers from the oldness of the information systems. Plenty of the information systems is older than 11 years old. That is also the reason that many initial procurements for the information systems are not available in the dataset (it is related to at least 148 information systems). That is the reason for our quite small sample and could be the reason for the results we got. The recommended steps, to lower the level of lock-in, include the creation of the ICT strategy, guidance to contract documentation and a request to suppliers to use open standards...
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