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Evaluation of Company Financial Situation and Proposals for Improvement
Vrbka, Boris ; Houserek, Aleš (referee) ; Pernica, Martin (advisor)
The thesis Deals with evaluation of financial situation of Vodovody a kanalizace Břeclav which takes care of running the water supply system and the sewage system in the city of Břeclav. The evaluated period is during years 2012 - 2016. In theoretical part of the thesis some basic terms are identified as well as financial indicators and methods of financial and strategic analysis and also basic information about public contracts in the Czech Republic. In the analytical part I state basic information about the company, calculations of financial indicators and analysis of economy in the field of public contracts. Third part contains proposals for improvements to financial situation of the company.
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Process of Public Order Valuation from Aspect of Investor
Ptáčková, Jitka ; Urbánková, Adéla (referee) ; Hromádka, Vít (advisor)
This thesis deals with procurement. It focuses on the characteristics of public procurement, the procurement and evaluation. It describes the steps in the procurement and identifies risks that threaten the individual phases of the procurement process. The practical part is concerned with comparing the order of candidates established on the basis of two different evaluation methods stanovenýh in the Law on Public Procurement.
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The most frequent misconducts of contracting authorities in procurement process including case law
Tomková, Miroslava ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
This thesis deals with the most frequent misconducts of contracting authorities in procurement process and also includes relating case law. However public procurement belongs to commercial law, its specific legislation makes it "sui generis". It means that public procurement in the Czech Republic is to a certain extent independent. Public procurement is also very emerging field of law. Since 1995, when the first comprehensive legislation came into force, contracting authorities had to become acquainted with 4 different legislations governing public procurement. It is already known, that in 2016 a new legislation governing public procurement will come into force. Familiarization with each legislation can be, especially for less technically proficient contracting authorities, severe and leading to misconducts in procurement process. The purpose of my thesis is to analyse the most frequent misconducts of contracting authorities in procurement process and introduce the procedure which should be govern by contracting authorities so they would proceed in accordance with the law. The reason for my research is to bring answers for complicated, but also elementary problems that contracting authorities have to deal with in procurement process. The thesis is composed of twelve chapters, each of dealing with...
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Bid Protests in Public Procurement: Czech Case
Nedvěd, Adam ; Skuhrovec, Jiří (advisor) ; Soudek, Jan (referee)
Bid protest mechanisms provide supervision over public procurement processes. If set up properly, these mechanisms improve both ex-ante and ex-post e - ciency of public procurement. However, decentralisation of the oversight can create opportunities for bidders to strategically abuse the system at the soci- ety's expense. In order to assess e ciency of the Czech bid protest mechanism, an empirical policy analysis of was conducted using a unique combined dataset of all bid protest rulings of the Czech supervising authority linked to a com- plete dataset of public contracts procured between 2007 and 2014. Econometric methods for panel data analysis were employed in order to estimate e↵ects of bid protesting on returns in form of awarded contracts. The selected approach made it possible to focus on individual relationships between contracting au- thorities and their suppliers. The results show significant di↵erences between returns of protest against EU co-funded and EU unfunded contracts. Moreover signs of strategical system abuse related to public works contracts were found.
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Principle of transparency and principle of proportionality in the process of public procurement
Drdák, Josef ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
The principle of transparency and the principle of proportionality in the public procurement process Abstract The topic of this thesis is the principle of transparency and the principle of proportionality in the public procurement process. The key objective of this thesis is to identify and thoroughly analyse the significant manifestations of the respective principles in the procurement process. The author of this thesis also provides the readers with an interpretation of contentious issues related to the enforcement of the principle of transparency and the principle of proportionality during the activities of contracting authority. Finally, the author of this thesis evaluates the legislation in force and within the de lege ferenda considerations proposes relevant amendments to the Act. This thesis is divided into three parts. The introductory part describes in general the meaning and substance of all public procurement principles, as well as the so-called 3E principles. In the second part the author of this thesis examines the specific expressions of the principle of transparency in public procurement. The final third part deals with the principle of proportionality and the requirements and impacts associated with the enforcement of this principle. The introductory part contains a general analysis of all...
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Analýza nejčastějších pochybení v procesu zadávání veřejných zakázek
Šenkýřová, Kateřina
The thesis is based on individual decisions and annual reports of the Office for the Protection of Competition and the Ministry of Regional Development. The aim of this thesis is to analyze the most prevalent mistakes that occur in the public procurement process, specifically in the last five years. The partial objective is also to evaluate the reasons why the failures occur and to compute their impacts on the efficiency of the procurement process and the cost-effectiveness of the public funds spent. The thesis is divided into two parts, theoretical and practical part. The first part provides the theoretical background of the professional information that is the subject of this work and is necessary for the interconnection with the practical part. The thesis itself analysis the most frequent mistakes, including the measures of the Office contributing to the elimination of errors. In the end there is a recommendation for the contracting authorities.
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Public remedies of defense in tender procedure focusing on review in administrative procedure
Ošlejšková, Michala ; Vedral, Josef (referee)
Title: Public remedies of defense in tender procedure focusing on review in administrative procedure Abstract: I have chosen the topic related to the public procurement law for my rigorous thesis. With regard to the fact that the issue is really extensive, I decided to focus just only on the specific area which is the control mechanisms of public procurements. Thus, the name of the thesis is derived from this issue and it is as follows: "Public remedies of defense in tender procedure focusing on review in administrative procedure". The main purpose of the thesis was a systematic analysis of public remedies of defense of suppliers against illegal procedure of contracting authorities in respect of the relevant practice of the Office for the Protection of competition and administrative courts and then the review of their effectiveness. The research question, which is derived from the main goal of the thesis, represents the introduction into the writing and it is defined as follows: "Are the remedies of defense of suppliers against the illegal procedure of contracting authorities sufficient and effective?" The first part of the thesis is dedicated to the sources of public procurement law and to the interpretation of some principles of public procurement review. The next, crucial part of the thesis is already...
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Entering into a public contract
Drdák, Josef ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into a public contract Abstract The topic of this thesis is entering into a public contract while this issue remains highly topical particularly with regard to the new complex legislation on public procurement, which brought a relatively significant change into this legal area. The main objective of this thesis is to provide a comprehensive interpretation of a process which results in a public contract as well as to analyse the admissibility of a modification of this legal act. This thesis is divided into three parts. First part is particularly concentrated on the sources of a public procurement legal framework. National and European legislation is analysed in this part, together with a minor attention to the international public law. Furthermore, the fundamental principles of a public procurement are subject to rather detailed research as they have significant impact on the entire contracting process. Due to a non- negligible shift in the terminology the basic terms of a public procurement are shortly explained in the end of the first part. In the second part which is crucial for this thesis the actual process of concluding a public contract is described. This process comprises two main stages. Therefore the second part is focused on both pre-contracting and contracting process together with its...
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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...
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