Problematika veřejných zakázek na stavební práce z pohledu právnické osoby

Abstract

The aim of diploma thesis is to point out the shortcomings and errors in the tender documentation of construction procurement and to propose solutions for their elimination.For this purpose, the analysis of tender documentation provided by Moravský Plynostav, a.s., was carried out by both views, the first one from the perspective of the winning candidate and the second one from the perspective of the unsuccessful candidate. The theoretical part defines the terms used in the analysis. Public private partnership and the main changes relating to public procurement, which brings the new law are outlined too. The task of the chapter entitled "Methods and methodology for effective evaluation and selection of public procurement" is to inform on the methods used for the evaluation and selection of tenders. Due to the nature of construction procurement, the Cost Minimazation Method will be the most relevant. The consequential analysis showed that the shortcomings and errors in the tender documentation led to the advantage position of the contracting authority. This situation was caused by the risk transfer to the contractor. Part of the evaluation process is also proposing specific solutions to eliminate the risk. Diploma thesis may be an instruction manual assisting to avoid described disputes between the contracting authority and the supplier.