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International aspects of Czech public procurement
Sommer, Lukáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International aspects of Czech public procurement Abstract This thesis focuses on international aspects of Czech public procurement. In the international area the Czech public procurement act determines the process how to establish decisive legal system governing the mutual public tender procurement of contracting authorities from different states of European union (one of them is obliged to act in accordance with Czech public procurement act) - cross border joint procurement, contains exceptions which can be used by the contracting authorities to act outside the regulation of this act, but in accordance with the rules of the international organizations and finally includes institutes which can affect foreign economic operators, from the area of possibility of foreign economic operators to participate in the public tender and from the area of qualifications which has to be proven by them. By the analysis of the appropriate provisions of the Czech public procurement act, judicature, law of European union and other sources I came to the conclusion that Czech public procurement act includes adequate institutes to be used when foreign economic operators participate in Czech public tender with international impact (with the correctives of behavior without discrimination and equal treatment), when Czech...
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Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...
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Proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
"Proving qualification requirements in public tenders" This rigorous thesis deals with the regulation of public procurement law with an emphasis on skills. In the Czech Republic is newly effective law No. 134/2016 Coll., about public procurement which was accepted in the context of the new European procurement directives. The law on public procurement, respectively provision relating to proof of qualification, is based on the Directive of the European Parliament and Council Directive 2014/24/EU on public procurement, which repeals a previous procurement Directive 2014/18/EC. The new European procurement directives follows the trend of full computerization of public procurement, when this has obviously affected or soon will affect proof of qualification in public procurement. This rigorous thesis was taken into account previous legislation, when it was confronted with the new legislation.The authority during the procurement have to take into account current decision-making practise of supervisory authorities. It would seem that this duty is repealing now, because the decision-making practise of the law on public recruitment is still very poor. The opposite is true and I try to point out in this rigorous thesis. The authority could use existing decision-making practise adequately in many situations relating...
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Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...
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Qualifying requirements and evaluating criteria in public tenders
Swaczynová, Barbara ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Qualifying requirements and evaluating criteria in public tenders The purpose of my thesis is to analyse selected areas of public tenders awarding, namely qualifying requirements and evaluating criteria, which are used for selection of the most advantageous contractor for performance of the public tender object. The thesis is composed of four main chapters. Chapter One summarizes the development of public tender legislation in the Czech Republic, defines current legislation both in the Czech Republic and in the European Union. Chapter Two defines basic terms of the public tenders area which are typical and characteristic only for public tenders and which are not used in other fields of Czech law. The two remaining chapters are devoted to the qualifying requirements and evaluating criteria, their role and types. Through qualifying requirements contractors are divided into those who are qualified to perform public tender and those who are not. Regarding its importance, it is necessary to stick to the binding provision of the Public Procurement Act while setting the qualifying requirements. Chapter Four is devoted to the evaluating criteria. On the basis of the evaluating criteria the contractor whose bid best fulfils the idea of performance of the contracting authority is chosen from those who are...
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3E Principle Management – Fraud and Prevention in Practice
Buzek, Ondřej ; Vrbová, Lucie (advisor) ; Menšík, Michal (referee)
The thesis discusses very actual issues concerning the management of the 3E principle in decisions related to the public funds expenditure decisions, especially in context of EU funding, and expands on the problems and deficiencies in the actual system of publicly funded procurement and related control. In the theoretical part, the thesis provides an insight into the basic terms and the relevant theoretical, legislative and methodological framework. The practical part then analyzes and assesses the conclusions of a review of 33 publicly funded projects financed both from EU funds and/or the national budget, in a cumulated value of 11.3 billion CZK. Further on, the thesis detects fraudulent schemes occurring repeatedly in the mentioned population of reviewed projects which are then categorized by the author. In the thesis's conclusion the author defines public funding fraud detection methods and delimits several proposals and recommendations on how to amend the identified deficiencies, both on the system and organizational levels.
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Application of Case Management Approach in the Design of Electronic Public Procurement tool
Kovář, Martin ; Kunstová, Renáta (advisor) ; Bahník, Václav (referee)
The main topic of the thesis is case management - a modern concept of dynamic business processes that emphasizes data and user involvement in decision-making process. The main goal is to create a functional prototype of information system for e-procurement based on case management approach that solves problematic aspects of current electronic procurement environment in Czech Republic. In the theoretical section, there is a description of the basic concept of case management and the possible use of case management across various sectors. Subsequently the reference model and general architecture of case management system are introduced and an optimal methodology for modelling and analysis of case management solution that combines existing standards in context is proposed. The practical section contains an analysis of the functional requirements and description of the electronic public procurement system, both in terms of the minimum legal requirements for solutions and problematic area derived from the perspective of Czech eGovernement. Detailed implementation-ready model is created using the proposed modelling methodology that forms a foundation for implementation of the selected scope of the electronic procurement system based on the IBM platform. Created prototype facilitates a procurement specification via an easy-to-use interface that incorporates methodological support when entering the data, automatic recommendation of suitable suppliers and proactive inspection of a compliance with regulatory requirements. Contribution of the work lies in the demonstration of possibilities for optimal e-procurement solution implementation. Within the results of the work are identified obvious practical benefits of case management for this area, particularly the speed of deployment and implementation changes, variable and dynamic user experience and efficient distribution of necessary information to the end-user. I have evaluated usage of a case management system for similar projects as appropriate and useful.
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Analysis of the profitability of companies and their success in the procurement market in the chosen field
Čechová, Lenka ; Pavel, Jan (advisor) ; Špinerová, Zuzana (referee)
This thesis deals with an analysis of the profitability of ICT companies which are successful in the procurement market. The analysis examines if these companies are more profitable than the ICT firms that do not register any success in public tenders in the period of 2006-2010. Profitability is assessed by means of four profitability indicator ratios which are Return on Sales, Return on Costs, Return on Assets and Return on Equity. The content is divided into two main parts. Theoretical part is dedicated to characteristics of public procurement, introduction of the ICT sector and particularities of public procurement in the field of ICT. The second part is practically oriented. It consists of a data set specification for both categories of companies and an analysis based on statistical methods of correlation and regression. The result of this research is a comparison of firms' profitability and estimation of a regression model showing the impact of various factors on profitability indicator ratios.
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