Government Procurement Law and Promotion of Private Participation Law both Comparison Probe

• Main Authors: Mei-feng Liu, 劉美鳳
• Other Authors: Wen‐Hsiang Lin
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/73741941042235081579

碩士 === 義守大學 === 管理學院碩士班 === 97 === Government often prepared budgets to develop public development in order to improved economy and promoted vigorous development of society. However, the negative characteristics for developing public development are high risks, huge amount of fund investing in and long time for fund retrieving. It became a heavy burden for government finance. In recent year, Taiwan tried to follow the world trend, government tried to persuade private organizations to join with government to develop public development together. With private organization resource, vitality and originality for participating public development; it could help solved the burden of government financial predicament and complete each public development. Government Procurement is a specific execution for government capability of nation; therefore, the essence of procurement system is related to the result of policy implementation. Ma’s government brought up twelve public developments for loving Taiwan in order to improve economy; however, the implementation of plan must involve with the applying of Act for Promotion of Private Participation in Infrastructure Projects or Government Procurement Law. Public development plan is a whole design of implementation, and it related to the regulation debate of recruiting plan. First, analyze the items and characteristics of project plan and content. And then the content should meet the regulations including the comprehensive analysis of technical and also financial parts. And integrate its pros and cons from all levels related to the conclusions of the analysis. Finally, propose the suitable regulation for the project plan. In view of the original law basis for the present booth recruitment of public work, there are two primary laws which are the Act for Promotion of Private Participation in Infrastructure Projects and the Government Procurement Law. The different laws of booth recruitment will affect the conducting methods for the booth recruitment of public work, including the operating type of booth recruitment, the qualification of the bidder, the main part of conducting a treaty, the relationship between right and duty, the structure and content of a contract, the operational period and the source and method of raising funds. However the success or failure of executing the budget or public development is related to the way how undertaker executes it. According to the people and matters in the real situation, the author realized that undertaker in each government organization is not familiar with the related Acts or procedures of Government Procurement Law and the Act for Promotion of Private Participation in Infrastructure Projects very well. There even have wrong procedures or Act misused situation happened. The responsibility of procurement is great and it also affects the quality of governance capability. Therefore after collecting the original law of Government Procurement Law and the Act for Promotion of Private Participation in Infrastructure Projects, applying detail and other subsidiary laws, this paper had summarized and provided individual case study. The purpose of discover the difference between the case and part of the laws is for related people who had executed the plan, private enterprise, manufacturer and people who are willing to apply for a public position can understand the laws and execution procedures of Government Procurement Law and the Act for Promotion of Private Participation in Infrastructure Projects quickly. It also expects each chief of government organization, related undertaker, private enterprise, manufacturer and people who are willing to apply for a public position can absorb and understand each of the laws and apply them correctly. In order to consulting, this paper also point out the doubtful point whether the Government Procurement Law and the Act for Promotion of Private Participation in Infrastructure Projects is fair or justice for related organization.