| Summary: | 碩士 === 國立高雄大學 === 高階法律暨管理碩士在職專班(EMLBA) === 100 === The quality of public construction projects critical to national construction and well-being of the people is tremendous. Public construction projects have the characteristics of high complexity, difficulty, and frequency of variation, which might induce the hardly controlled risk. Even at the time of the contract setting, the problems that may occur are incorporated as much as possible. In such instances, the meticulous contractual provisions are continuously being developed to reduce the fuzziness and meet the contractual obligation. However, the occurrence of engineering disputes still can not be completely avoided. With long duration, the public construction projects start from tendering, awarding, contracting, and compliance to acceptance, which process extended kinds of interface and demand high degree of professional. Numerous factors result in the controversy of the procurement authority and the construction company very often. Therefore, comprehensive and effective tendering and awarding regime to establish the contract of mutual trust is the indispensable protection of both parties.
Public construction projects take the public interest as the ultimate goal. This study is to further explore the tendering and awarding of public works procurement system, prompting the tender documents and the handling of procurement operations to be better achievements of validity and fewer occurrences of errors. This article briefly discusses the legal nature of the public works contract and focuses on the practices of the domestic public construction projects prescribed in the regulations of tendering and awarding, and analyzes the execution of the current situation and conducted processes. The purpose is to try to put forward recommendations for the proper program and the related measures. Thereby the tendering and awarding system of public construction projects prior to the establishment of contracts could be improved, executed and implemented easily. The procurement staff should learn the relevant laws for the thorough understanding of the legislative policy of the Government Procurement Law, and should look into government procurement file to ensure that the tendering and awarding of public works not to be delayed for the legal reasons , which may cause impaired quality or disagreeable term. To oversee and lead the real improvements in the procedure of tendering and awarding of public works, the government should enhance the right concept of procurement and set up an open and transparent government procurement system of benefit and usefulness. Pursuing the utmost social welfare is the momentous goal to be achieved by the public construction projects.
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