A Study Of Dynamic Contracts Management Of The Government Procurement

• Main Authors: Wen-Erh Tseng, 曾文兒
• Other Authors: CHEN, CHIN-CHUN
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/12102469943410073620

碩士 === 銘傳大學 === 公共事務學系碩士在職專班 === 100 === The Government Procurement Law comprises both the “political” and “economical” nature. This is regarded to be of much difficulty in the design of the system. Not only does one expect it to achieve the target of "Hennessy", one also anticipates the achievement on the functionality of “anti-malpractice”. The robustness of the government procurement system not only affects our government''s effectiveness, the property environment and our nation’s competitiveness may also be at stake. As such, the legal nature of the government procurement is complex when compared to the general administrative act. The commonly adopted "Two-Stage Theory" (Wu Geng, 2005; Guojie Heng, 1999; Lin Hongming, 2003; Lin Jiaqi, 2002) has got supporters of the legislation recognizing that the government procurement behavior displays both the administered public power and private economy, hence the practical operation, the identification of power compliance and the processes of contentious responsibilities becomes very complex and professional. It is worthy then to explore further on how the Government Procurement Law spirit and the system’s amendment can be implemented, how each and every statutory body’s capability can be cultivated in the supervision and management of the contracts of procurement so as to ensure the smoothness of the procurement operation and the elevation of the government’s purchasing efficiency. However, if the implementation of any public policy, regulation and practice cannot be integrated into the real and current situation, even with sound theoretical analysis while ignoring the practical factors, any good source of law will be a mere formality, without any level of efficiency whatsoever. With the assistance obtained through guidelines on the relevant literature and theory surrounding the government procurement, as well as in-depth interviews and observation of the procurement system, these five-class related personnel - government ethics staff, accounting staff, procurement staff of the General Affairs Department, users of departments’ and vendors’ agencies - hereby respond to the purposes of this study: 1.The dynamic conditions on the contractual management of our Nation’s procurement system. 2.Our Nation’s procurement relationship – the validity and discussion on people and contractual management. 3. The relevance between the efficiency of the government procurement and contractual management. Through agency’s handling of the contractual life cycle of the procurement business comes the three stages of initial proposal of the internal contract and the public audit of the selection and decision making processes of a tender, the awarding and signing of a contract, the contract management and the dynamic contractual rules and regulations, all these to present completely the current situation of the government procurement practice. Through “supervisory management” the overloading of the original business situation may increase transaction costs and violate the fairness and reasonable procurement spirit. Explore the reasons for any inability to further elevate the efficiency on administration, and in accordance with the empirical findings obtained, align and compare data against reported literature to gain access to a full picture on the operation of the procurement practices within government agencies. Finally, through detailed research and analysis, it is hoped that in future government agencies, when implementing changes and requirements in the procurement system, will adhere to "performance management", and in the end provide different viewpoints and constructive comments.