scholarly journals Contractual Rigidity and Political Contestability: Revisiting Public Contract Renegotiations

2021 ◽  
Author(s):  
Jean Beuve ◽  
Marian W. Moszoro ◽  
Pablo T. Spiller
Keyword(s):  
Public Contract

scholarly journals Does the Lowest Bid Price Evaluation Criterion Make for a More Efficient Public Procurement Selection Criterion? (Case of the Czech Republic)

2015 ◽  
Vol 8 (1) ◽  
pp. 41-59 ◽  
Author(s):  
František Ochrana ◽  
Kristýna Hrnčířová
Keyword(s):  
Czech Republic ◽  
Public Procurement ◽  
Selection Criterion ◽  
Radical Change ◽  
Evaluation Criterion ◽  
The Czech Republic ◽  
Service Contracts ◽  
Bid Price ◽  
Public Contracts ◽  
Public Contract

Abstract Through the institute of public procurement a considerable volume of financial resources is allocated. It is therefore in the interest of contracting entities to seek ways of how to achieve an efficient allocation of resources. Some public contract-awarding entities, along with some public-administration authorities in the Czech Republic, believe that the use of a single evaluation criterion (the lowest bid price) results in a more efficient tender for a public contract. It was found that contracting entities in the Czech Republic strongly prefer to use the lowest bid price criterion. Within the examined sample, 86.5 % of public procurements were evaluated this way. The analysis of the examined sample of public contracts proved that the choice of an evaluation criterion, even the preference of the lowest bid price criterion, does not have any obvious impact on the final cost of a public contract. The study concludes that it is inappropriate to prefer the criterion of the lowest bid price within the evaluation of public contracts that are characterised by their complexity (including public contracts for construction works and public service contracts). The findings of the Supreme Audit Office related to the inspection of public contracts indicate that when using the lowest bid price as an evaluation criterion, a public contract may indeed be tendered with the lowest bid price, but not necessarily the best offer in terms of supplied quality. It is therefore not appropriate to use the lowest bid price evaluation criterion to such an extent for the purpose of evaluating work and services. Any improvement to this situation requires a corresponding amendment to the Law on Public Contracts and mainly a radical change in the attitude of the Office for the Protection of Competition towards proposed changes, as indicated within the conclusions and recommendations proposed by this study.

scholarly journals Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

2015 ◽  
Vol 63 (2) ◽  
pp. 675-681
Author(s):  
Martin Vyklický
Keyword(s):  
Czech Republic ◽  
Contract Law ◽  
Public Funds ◽  
The Czech Republic ◽  
The Public ◽  
Flow Of Funds ◽  
Science And Research ◽  
Research Equipment ◽  
Public Contract

This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

scholarly journals Principle Of Freedom Of Contract In Public Contract

2018 ◽  
Author(s):  
Rumi Suwardiyati ◽  
Setiawan Wicaksono ◽  
Ranitya Ganindha
Keyword(s):  
Freedom Of Contract ◽  
Public Contract

scholarly journals Political contestability and public contract rigidity: An analysis of procurement contracts

2018 ◽  
Vol 28 (2) ◽  
pp. 316-335 ◽  
Author(s):  
Jean Beuve ◽  
Marian W. Moszoro ◽  
Stéphane Saussier
Keyword(s):  
Procurement Contracts ◽  
Public Contract

scholarly journals The Principle of Continuance in Public Service Contract

2016 ◽  
Vol 9 (8) ◽  
pp. 6
Author(s):  
Mohammad Hussein Momen ◽  
Hussein Rahmatollahi
Keyword(s):  
Public Service ◽  
Public Interest ◽  
Vital Role ◽  
Private Law ◽  
Legal Regime ◽  
Service Contract ◽  
Public Contracts ◽  
Public Contract

If we consider the aim of administrative goal to procure public interest and the necessity of its continuance, the limitation of its descriptive and executive principles in private law frameworks will be serious barriers against its realization. Administrative contracts with their special legal regime based on such principles of preference, authority and support which indicates the upper hand of public contract parties are described by the same basis. Public service principles which should be considered as extracted from the judicial verdicts of French governmental council are, <em>inter alia</em>, executive and descriptive foundations of public contracts. The principle of public service continuance with its legal functions and radical role in contract execution plays a vital role in realizing the goals.

scholarly journals ALÇANDO VOO: FISCALIZAÇÃO DE CONTRATO DE PASSAGENS AÉREAS NA ADMINISTRAÇÃO PÚBLICA FEDERALFLIGHT ENLARGEMENT: INSPECTION OF THE PUBLIC CONTRACT OF AIRLINE TICKTES IN THE FEDERAL PUBLIC ADMINISTRATION

2019 ◽  
Vol 11 (23) ◽  
Author(s):  
Edmilson da Silva Quitério ◽  
José Vinicius da Costa Filho
Keyword(s):  
Public Administration ◽  
The Public ◽  
Public Contract

Quais as especificidades da fiscalização do contrato público de passagens aéreas que podem contribuir na melhoria da prestação desse serviço para a administração pública? A pesquisa busca analisar a fiscalização dos contratos de passagens aéreas em âmbito da Administração Pública direta, autárquica e fundacional no âmbito federal, com vista à sua boa prática na administrativa pública. Para essa finalidade, foram analisados os princípios, autores do direito e do turismo, leis e outros documentos relativos para a melhor abordagem do objetivo. O desenho de pesquisa utiliza uma abordagem qualitativa, combinando métodos de revisão e pesquisa bibliográfica com a análise documental. Esta pesquisa resultou em abordagens contextualizadas dos institutos relacionados com a fiscalização e principalmente das problemáticas mais comuns na atividade do fiscal para o alcance da eficiência na execução do contrato administrativo de passagens aéreas.

scholarly journals MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

2018 ◽  
Vol 4 (2) ◽  
pp. 333-357
Author(s):  
Theodora Pritadianing Saputri
Keyword(s):  
Public Procurement ◽  
Corporate Restructuring ◽  
The Public ◽  
Freedom Of Contract ◽  
Fair Competition ◽  
Procurement Procedure ◽  
The Government ◽  
Public Contract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

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