| Summary: | 碩士 === 中華大學 === 土木與工程資訊學系(所) === 98 === Abstract
Government Procurement Act has been officially promulgated and implemented on May 27th, 1999, its original intention was to open the free market, improve our national competitiveness, to be the integrated law that governed governmental procurement, and to conform to the principle of non-discrimination and the fair and equitable treatment to member countries in WTO and GPA, as well as to serve as the basis of integration promotion. Among which, with the service experiences for many years the author has proposed the study on exploring the selection of “tender methods” for recruiting architects.
In recent years, the architectural planning and design has been categorized into the “heterogeneous” most advantageous tender, most architectural procurement has been handled by the “restricted tender”, and other tendering methods were seldom applied in principle. Since Government’s strict investigation on the restricted selection methods, even related regulations have been relaxed, the competent authorities still follow the previous patterns; therefore, it has resulted in implementing contradiction or repetition in the process, and further to affect architects’ willingness of tender. In addition, the technical service is belonged to the category of “labor purchasing” in Government Procurement Act, and its purchasing method can be divided into these following types: “open tender”, “restricted tender” and “selected tender”. How the organizing authority to select the optimal and fair tendering method and attract architects to place their tender? In this study, the author is adopted methods of collecting data of related literature, expert interview and questionnaire to analyze, explore, organize, generalize and classify the data, and then proposed the following conclusions.
I. Human Factors
1. Not fully known well about the information of tendering strategy.
2. Tender decision has been determined in accordance with previous patterns without making detailed evaluation.
3. Not yet established the group evaluation and consideration.
4. It needs to set the qualification standard with considering the professional competence for architects.
5. Procurement personnel has insufficient experiences
II. Legal Factors
1. Complicatedness in the process
2. Tendering methods should be determined by the difficulty in planning design.
3. Unfamiliar to related regulations and laws.
However, this study is mainly to explore that, within the legal framework, the organizers can flexibly apply the tendering methods in Government Procurement Act. But, in general, most of them are only adopted the existing patterns with convenient and prompt attitudes and without making any mistake. In addition, it lost the justice principle and also the original intention of the Government Procurement Act; therefore, after explored this study has proposed these abovementioned conclusions and indicated the major suggestions as the reference: (1) restricted tender should be discussed again; (2) service fee is more than NT$100,000 to the amount less than the announced service fee that should be set the ratio of minimum limit or amount; and (3) improved and revised the process of the selected tender.
Key words: open tender, restricted tender, selected tender, WTO, GPA, heterogeneity, labor purchasing
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