摘要(英) |
Abstract
For the purpose of joint the World Trade Organization (WTO),
Taiwan promulgated "Government Procurement Law, (GPL)", and
activated form 27 May 1999 with the expectation to follow the
international standard as well as to establish a government
procurement system to promote the efficiency and prevent fraud.
After the promulgation of the GPL, the reports from Ministry of
Justice (MOJ) and the Public Construction Commission (PCC) had
indicated that fraud and collusion or use any other illegal
means to make the supplier unable to tender or cause the opening
of tenders to have an incorrect result as well as restriction of
competition and un-proper or illegal procedure taken by
government entity, has been observed. Which not only cause
public complaints but also deeply affect the efficiency,
function and quality of government procurements. The PCC’s
report shows that 90% of construction works are procured by open
tendering procedure. So the open tendering procedure for public
construction works is the emphasis of this thesis.
The PCC promulgate 13 types with 175 items of “Delinquent
Process of Government Procurement" shows that the existing
procurement regulations and practice is an issue that worth
study and to be improved. This thesis review the trend and
change of the previous and existing domestic procurement
regulations as well as practical operations, and glean the
procurement regulations of public works from the international
organizations as ADB, EBRD, World Bank, FIDIC and the countries
as Japan and PRC. The comparison of the tendering procedures
will provide the references for the improvement of the domestic
procurement regulations and practical operations.
This thesis analyze and compare the domestic open tendering
procedures for public works with international procedures and
find there are certain matters, such as provide tender documents
to tenderers without record their name, evaluations of tenderers
qualification, site-visit and pre-bidding conference, minimum
time for preparation of tender, examination, evaluation and
comparison of bids, as well as allow tenderers to reduce their
price and award the contract at the same day, that the existing
practical operations taken by the domestic entities are
obviously different from international regulations.
This thesis furnishes the following proposals. PCC shall revise
the articles of GPL, regarding the provide tender documents to
tenderers without record their names as well as allow tenderers
to reduce their price, through the due process and amend the
regulations to comply with the international regulations. At the
same time, the domestic entities shall amend the instructions to
tenderers, and setup the tendering procedures that will comply
with the international regulations and Practice. And the
domestic contractors shall setup their SOP for tendering that
will comply with international regulations and to promote their
potential to face the international competitions. |