| Summary: | 碩士 === 國立中央大學 === 營建管理研究所 === 96 === Conducting procurement on a Design-Build or Turnkey basis, the entity may procure the construction with the less contract price but after taking over the facility , the entity may need additional expenses to operate the facility.
FIDIC thinks that a project which is essentially made up of two principle periods – the Design-Build period and the Operation period – as a single contract with a single contractor – rather than use the FIDIC Silver Book for the Design-Build and prepare a new document for the Operation part. The commitment of the contractor to the complete project - and the best way to do that is to cover the whole D-B plus the operation elements in a single contract. The DBO approach to contracting combines design, construction and long-term operation and maintenance of a facility into one single contract awarded to a single contractor. DBO contract has a principal advantage-optimization of life-cycle costs. The format of a DBO arrangement can be based on FIDIC Silver Book. Either is quite common, however the contractual requirements and procedures are quite different.
If the entity want to conducting procurement on a DBO basis based on actual needs, since there is yet a standardized from of DBO to be followed. Therefore, how to properly frame the DBO contract clauses about public construction are essential issues worth to study now.
In this research, problems and corresponding solutions in performing contracts are summarized by comparing the differences between FIDIC DBO and FIDIC EPC to figure out the right and responsibilities and right between both parties during the operate period. Next, identify problems about contract on public construction from some case studies and investigation reports on contract disputes. Then, referenced some comprehensive literature and proposed a feasible checking items for operate period of contracts which is more practical.
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