Do the Selected Characteristics of Public Tenders Affect the Likelihood of Filing Petitions with the Regulators of Public Tenders?

Abstract

The article deals with the econometric analysis on the influence of selected characteristics of public contracts with respect to the decision making of bidders on public contracts regarding submissions to initiate proceedings to review the actions of the contracting authority at the Office for Protection of Competition. Logistic regression was applied to data on public procurement between the years 2007 and 2014, which was combined with the administrative decisions of the Office for the Protection of Competition, in order to identify the factors that affect the likelihood that the competitors will be protected against the conduct of the contracting authority by the Office for the Protection of Competition. The article also takes into account the possible obstructive behaviour of candidates, particularly those submissions which were subsequently withdrawn or submissions whose deposits were not paid.Keywords: public procurement, size of the public contract, the choice of evaluation criteria, the transparency of the public tender JEL Classification: H57, H72, H77

Factors Affecting the Length of Procedure in Public Procurement: The Case of the Czech Republic

“…The contracting authority has no effect on the length of procedure in public procurement. Brezovnik et al, 2015;Plaček et al, 2017;Plaček et al, 2016;OECD, 2000OECD, , 2007Dametri et al, 2012 H3: The estimated value of a public contract does not affect the length of procedure in public procurement. Stloukalová, Jurčík, 2015;Fazekas, 2016;Pertold and Palguta, 2017;Coviello, Mariniello, 2014 H4: The openness of the procurement procedure does not affect the length of procedure in public procurement.…”

Repeated selection of supplier, factors and results: the Czech Republic

“…The findings indicate that the assumptions that were defined in hypothesis testing are valid, i.e. Czech contracting authorities are risk averse and often overstate these risks (Plaček et al , 2017a, 2017b). This was also confirmed by a qualitative survey by OTIDEA (2016), who examined the behavior of public contracting authorities in the Czech Republic.…”

“…It does not solve the problem of those contractors who deliver average or below average quality of service. Even so, contracting authorities are afraid to apply these tools because they run the risk that the excluded bidder will challenge the exclusion decision with the Office for the Protection of Competition and as a consequence there is a risk of delaying the entire procurement (Plaček et al , 2017a, 2017b). In addition, there is a strong asymmetry in the whole system regarding the activities of the Office for the Protection of Competition towards contracting authorities (Plaček et al , 2017b).…”

“…He notes a significant share of public contracts competing for the lowest price and, conversely, a small proportion of public contracts evaluated in terms of economic advantage. Plaček et al (2017a, 2017b) show that public contracting authorities seek to minimize the risk of procurement review by the regulating authority and the supervisory authority such as the Office for the Protection of Competition. Therefore, contracting entities mainly use the criteria of the lowest price.…”

Factors Determining the Efficiency of Slovak Public Procurement

“…According to Plaček et al (2017) the core factors determining the level of transaction costs in public procurement are the quality of the legislative and regulatory framework; the type and method of procurement; the expected volume; management's experience, especially on the procurer's side; post-award behaviour and the attitudes of participants. Nemec et al (2016) highlighted the fact, that there is an excessive amount of cancelled tenders in Slovak and Czech public procurement, which is also increasing average transaction costs in public procurement.…”