The Study On Article 58 In Government Procurement Act

• Main Authors: Ming-Hao Zhuang, 莊明豪
• Other Authors: Chao-Chien Chen
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/40399609377229654810

碩士 === 銘傳大學 === 公共事務學系碩士在職專班 === 103 === When the offered price of the lowest tender is considered to be unreasonably low, government agencies should conduct the procurement in accordance with Article 58 of the Government Procurement Law. This provision appears to be simple, but in reality, it has complex structure and diversified types, which results in its operation controversial. This study aggregates researches of related scholars as well as opinions of the responsible entity, the Procurement and Public Construction Commission, to discuss reasons of controversies and problems of practical operations, review whether practical operations of government agencies can properly grasp the intention, and provide suggestions for the rights that tenderers can claim in applying this provision for the purposes of avoiding the related problems from happening again. According to the researcher''s experience in government procurements, rather than saying the offered price of the lowest tender is unreasonably low, sometimes the government estimate for a procurement is too high. Consequently, in order to know that whether Article 58 of the Government Procurement Law properly fulfill its legislative function, except for exploring the element of tender, government estimate is also important. Government estimate plays significant role in the process of procurement that a tenderer whose tender is the lowest within the government estimate shall be awarded. Because in that way, tender is the only determining factor in deciding the award of contract, or we should look at whether government agency are able to properly set the government estimate, the key component determining the tender is reasonable or not, these are worth exploration. Except for documentation analysis, this research also tries to analyze the current administrative and judicial practice cases, accompanied in-depth interviews with those who established the government procurement system as well as those who actually conduct the procurements, in order to realize the operation status of the system, analyze related legal or institutional problems,and finally, provide suggestions for improvements of the discussed provision.