IDEAS home Printed from https://ideas.repec.org/a/cmn/journl/y2016i1p19-39.html
   My bibliography  Save this article

Qualification Requirements for Foreign Suppliers in Public Procurement - Evidence from the Czech Republic

Author

Listed:
  • Martin Vyklicky

    (Mendel University in Brno, Faculty of Business and Economics)

  • Petr Man

    (Mendel University in Brno, Faculty of Business and Economics)

  • Rudolf Franz Heidu

    (Mendel University in Brno, Faculty of Business and Economics)

  • Radek Jurcík

    (Mendel University in Brno, Faculty of Business and Economics)

Abstract

Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010-2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.

Suggested Citation

  • Martin Vyklicky & Petr Man & Rudolf Franz Heidu & Radek Jurcík, 2016. "Qualification Requirements for Foreign Suppliers in Public Procurement - Evidence from the Czech Republic," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 1, pages 19-39, March.
    • Handle: RePEc:cmn:journl:y:2016:i:1:p:19-39
    as

    Download full text from publisher

    File URL: http://www.eaco.eu/wp-content/uploads/2016/03/vyklicky-man-heidu-jurcik.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Calogero Guccio & Giacomo Pignataro & Ilde Rizzo, 2014. "Evaluating the efficiency of public procurement contracts for cultural heritage conservation works in Italy," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 38(1), pages 43-70, February.
    2. Luigi Moretti & Paola Valbonesi, 2015. "Firms’ Qualifications and Subcontracting in Public Procurement: An Empirical Investigation," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 31(3), pages 568-598.
    3. Luigi Moretti & Paola Valbonesi, 2012. "Subcontracting in Public Procurement: An Empirical Investigation," "Marco Fanno" Working Papers 0154, Dipartimento di Scienze Economiche "Marco Fanno".
    4. Oecd, 2011. "Procurement by Utilities," SIGMA Public Procurement Briefs 16, OECD Publishing.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Stefano Galavotti & Luigi Moretti & Paola Valbonesi, 2018. "Sophisticated Bidders in Beauty-Contest Auctions," American Economic Journal: Microeconomics, American Economic Association, vol. 10(4), pages 1-26, November.
    2. Decarolis, Francesco & Palumbo, Giuliana, 2015. "Renegotiation of public contracts: An empirical analysis," Economics Letters, Elsevier, vol. 132(C), pages 77-81.
    3. Calogero Guccio & Domenico Lisi & Ilde Rizzo, 2019. "When the purchasing officer looks the other way: on the waste effects of debauched local environment in public works execution," Economics of Governance, Springer, vol. 20(3), pages 205-236, September.
    4. Decio Coviello & Luigi Moretti & Giancarlo Spagnolo & Paola Valbonesi, 2018. "Court Efficiency and Procurement Performance," Scandinavian Journal of Economics, Wiley Blackwell, vol. 120(3), pages 826-858, July.
    5. Qiao, Yu & Labi, Samuel & Fricker, Jon D., 2021. "Does highway project bundling policy affect bidding competition? Insights from a mixed ordinal logistic model," Transportation Research Part A: Policy and Practice, Elsevier, vol. 145(C), pages 228-242.
    6. Chiappinelli, Olga, 2020. "Decentralization and Public Procurement Performance: New Evidence from Italy," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 58(2), pages 856-880.
    7. Laura Rondi & Paola Valbonesi, 2017. "Pre- and post-award outsourcing: Temporary partnership versus subcontracting in public procurement," "Marco Fanno" Working Papers 0211, Dipartimento di Scienze Economiche "Marco Fanno".
    8. Camos Daurella,Daniel & Estache,Antonio, 2017. "Regulating water and sanitation network services accounting for institutional and informational constraints," Policy Research Working Paper Series 8149, The World Bank.
    9. Víctor Fernández-Blanco & Ana Rodríguez-Álvarez & Aleksandra Wiśniewska, 2019. "Measuring technical efficiency and marginal costs in the performing arts: the case of the municipal theatres of Warsaw," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 43(1), pages 97-119, March.
    10. Víctor Fernández-Blanco & Ana Rodríguez-Álvarez, 2018. "Measuring allocative efficiency in Cultural Economics: the case of “Fundación Princesa de Asturias” (The Princess of Asturias Foundation)," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 42(1), pages 91-110, February.
    11. Seres, G. & Pigon, Adam, 2019. "On the Competitive Effects of Screening in Procurement," Other publications TiSEM 3314c398-ea79-4f74-96f4-8, Tilburg University, School of Economics and Management.
    12. De Silva, Dakshina G. & Kosmopoulou, Georgia & Lamarche, Carlos, 2017. "Subcontracting and the survival of plants in the road construction industry: A panel quantile regression analysis," Journal of Economic Behavior & Organization, Elsevier, vol. 137(C), pages 113-131.
    13. Olga N. Balaeva & Andrei A. Yakovlev, 2015. "Estimation of Costs in the Russian Public Procurement System: A Case Study of Voronezh State University," HSE Working papers WP BRP 41/MAN/2015, National Research University Higher School of Economics.
    14. Guccio, Calogero & Pignataro, Giacomo & Rizzo, Ilde, 2014. "Do local governments do it better? Analysis of time performance in the execution of public works," European Journal of Political Economy, Elsevier, vol. 34(C), pages 237-252.
    15. Calogero Guccio & Ilde Rizzo, 2013. "Public spending for conservation in Italy," Chapters, in: Ilde Rizzo & Anna Mignosa (ed.), Handbook on the Economics of Cultural Heritage, chapter 27, pages i-i, Edward Elgar Publishing.
    16. Daniela Pirvu & Claudia Violeta Stanciu-Tolea, 2016. "Socially Responsible Public Procurement. Tools for Facilitation of Social Enterprises’ Access to the Romanian Public Procurement Market," Economic Alternatives, University of National and World Economy, Sofia, Bulgaria, issue 3, pages 287-298, September.
    17. Yang, Christopher, 2013. "A framework for allocating greenhouse gas emissions from electricity generation to plug-in electric vehicle charging," Energy Policy, Elsevier, vol. 60(C), pages 722-732.
    18. Anton Shmihel & Daryna Pustovoit & Kostiantyn Zahorulko & Oleksandra Chmel, 2019. "Determining abnormally lDetermining abnormally low price in procurement: the case of Ukraine," Modern Economic Studies, Kyiv School of Economics, vol. 2(1), pages 45-80.
    19. Martijn van den Hurk, 2016. "Bundling the procurement of sports infrastructure projects: How neither public nor private actors really benefit," Environment and Planning C, , vol. 34(8), pages 1369-1386, December.
    20. Finocchiaro Castro, Massimo & Guccio, Calogero, 2021. "Does greater discretion improve the performance in the execution of public works? Evidence from the reform of discretionary thresholds in Italy," EconStor Preprints 247648, ZBW - Leibniz Information Centre for Economics.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cmn:journl:y:2016:i:1:p:19-39. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Helena Campbelle (email available below). General contact details of provider: http://www.eaco.eu .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.