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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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The issue of public procurement contracts co-financed by the European Union budget
Hamšík, Petr ; Civínová, Denisa (advisor) ; Klára, Klára (referee)
Diploma thesis, titled " Problems of procurement financed by the budget of the European Union" is concerned with the status of the task public procurement orders financed from the budger of the European Union legislation. Literature search contaons basic information related to the issue. In the next part is the identification, evaluation, the most common examples of misconduct and for a better understanding of the issue. In the context of specific operational programmes are listed misconduct when entering and their consequences.
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The Importance and Impact of the Antimonopoly Office in the Czech Republic in Area of Procurements
Kyznarová, Tereza ; Svoboda, Roman (advisor) ; Severová, Lucie (referee)
This bachelor thesis deals with the importance and impact of the Antimonopoly Office in areas of the public procurement. The theoretical part firstly describes the activities of the Office for the Protection of Competition. History of the Office, its competence and structure is approached there. Furthermore, individual issues, which the Office for the Protection of Competition does, are mentioned. In the main part, there is a closer description of the Public procurement and its legal regulations. Moreover, a separate chapter is a division of the Public procurement, further explanation of the term the contracting authority, the principles which have to be abided for the award of the Public procurement and the types of tender procedure. The analytical part concentrates on the development of agenda of the Antimonopoly Office in areas of the public procurement in the years 2010 to 2014. Part of this chapter states specific cases of the misconduct investigated by the Antimonopoly Office.
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Optimalizace procesu zpracování a podání nabídky na zakázku financovanou z veřejného sektoru ve firmě Stavospol SK
Fabiánková, Milena
The Bachelor work deals with problems of public orders from contracting au-thority's point of view. It also deals with an offer processing and submitting concerning an order financed by a public sector from a supplier's side, it means a concrete firm in Slovakia. The theoretical part explains some basic terms, familiarises with a SSC company representing a state sector and describes a process of public orders. The practical part deals with processional analysis of the offer of a concrete order suggested by a commercial section of a firm Stavospol SK. In conclusion, process of optimizing of all other offers of public orders is suggested to a commercial section.
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Corruption and public contracts in the field of ICT
Nejedlý, Václav ; Holub, Ilja (advisor) ; Bruckner, Tomáš (referee)
The bachelor thesis deals with the problem of corruption and public contracts in the field of ICT. The work focuses on the corruption situation in the Czech Republic, generally on corruption and laws relating to public contracts. The goal of this project was to unify the information on public procurement and to demonstrate the corruption situation in the Czech Republic on particular examples. The work presents to the analysis of the individual contracts uncovering of corruption in these cases and making proposals to improve the situation in the form of amendments to the Public Procurement Act. Meeting these goals required the search for information on suspect contracts on the Internet, browse closely the Public Procurement Act and the knowledge of the author's own experience. In the introductory part the author defines the concepts of law in the field of public procurement, laws and regulations dealing with public contracts, the authority supervising the Public Procurement Act, procurement processes in various types of contracts and the work of anti-corruption police departments. In the following section of the theoretical part, the author discusses the general problem of corruption and corrupt practices in the field of ICT .The analysis of Public Procurement Act is the last chapter of the theoretical part of the work. In the following practical part, the author discusses several examples of contracts that have been or have not been proven corrupt or illegal and compares expenses of the ICT projects in the private and public spheres. In the last chapter, after obtaining all available information, the author proposes several ideas for improving The Public Procurement Act The author's contribution of the work lies in a clear summary of information, referring to the errors in the procurement processes and then in the analysis of the situation of the "suspicious" cases and detection of illegal conduct, in these cases. The author came to the knowledge that allow the conclusion to summarize in a few paragraphs incentives for the development of amendments to applicable laws of the relevant authorities.
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Contracompetitive decisions of contracting entities
Vršecký, Radek ; Boháček, Martin (advisor) ; Kotoučová, Jiřina (referee) ; Marek, Karel (referee) ; Krč, Robert (referee)
The thesis deals with typical decisions made by contracting entities which restrict the competition among economic operators. The thesis analyses the typical mistakes which are made by the contract entities in awarding procedures. The causes of mistakes being made by contracting entities can be summarized into three groups. Into the first group belong conscious mistakes. For these mistakes shall be contracting entities` agents held responsible. Into the second group belong mistakes in planning. Mistakes from the third group are made as a consequence of lack of professional skills. None of these mistakes can be prevented just by an amendment to the Act on Public Contracts. Any proposal of an amendment solving the lack of professional skills shall consider also all connected negative effects; mainly additional time demands, financial costs and the risk of underfinanced praxis turning into formalism. Professionally skilled agents are usually more careful when they apply the Act on Public Contracts because they are aware of legal risks. Considering current limited budget resources it should be decided whether to put stress on cooperation with internal or external experts. The author recommends internal experts because external experts do not do their best if they are aware of the fact being not controlled effectively by internal experts. However the current Act on Public Contracts is not perfect, the duties laid by it are enforced successfully. Considering a new amendment also the legal theory shall be taken into account. The author presumes similarity of preventing of breaches against the Act on Public Contracts and of preventing of crimes. The most important factor preventing from criminality is to be aware that the punishment is inescapable, not its rates. The author points out also the opinion of the general theory of law according to which a new act is to be passed only if there is an objective necessary need. It should not to be passed by a fortuity or because of subjective views. There should be also a time space between the amendments. There was an amendment to Act on Public Contracts approved in 2010 and European Union currently prepares amending of awarding directives. The author therefore prefers improving the praxis of awarding in the Czech Republic by granting additional human resources to the Office for the Protection of Competition to passing of another amendment to the Act on Public Contracts. The scope of the Act on Public Contracts is also not convenient for amending a list of contract clauses which are not allowed to be concluded by contracting entities. There are two reasons. Contracting entities are constituted by various groups of subjects and contracts selling their property are outside the scope of the Act on Public Contracts. Contracting entities should use standard awarding procedure to promote competition among economic operators. They should concentrate on exactness of tender conditions. A good prevention to mistakes in awarding procedure is also good planning and skilled human recourses of contracting entities.
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