| Summary: | 博士 === 國立中央大學 === 土木工程學系 === 103 === Taiwan's Government Procurement Act (hereinafter referred to as the Procurement Act) was promulgated since year 1998. This Act has been in execution for more than 15 years. Literature has shown that such a system has many issues to be discussed as follow:
1. Selective tendering method may easily topped with profit charges, causing authorities choosing the relative safe tendering method. Other methods have been stigmatized, and leave only open tendering method popular.
2. Reviewing the related documents revealed that the open tendering was highly utilized, but only descriptive or indirect qualitative evidence were revealed.
3. Open tendering method often resulting in low price completion between bidders and might eventually hinder Governmental effectiveness. Low bid cannot ensure the quality of construction, is easy to encounter fraud due to operation rigidity, and, even inviting investigation and over indictment.
In view of the literatures reviewed and quantitative evidence of over use of open tendering method, this study directly explores the institutional reasons on choosing open tendering methods, which lead to irrational decision-making mechanisms. The psychological and behavioral aspect of tendering officers to avoid responsibility is not in the scope of this study. It is a “believe” the 19th article of the Procurement Act may have been the origin of the over use of open tendering method in practice. The broader notion of “Selection of Tendering Method” mechanisms includes the existing provisions § 19 are studied. This study aims to demonstrate that this proposition is correct and revision of the provision is proposed.
In this study, the subject is transformed into five questions. These five questions are listed as follows:
1. How to prove the open tendering method is over used in Taiwan’s practice?
2. Where is §19 of Procurement Act from?
3. How §19 was designed and analyzed ?
4. Does other countries have similar provisions as §19 in their Procurement Act? 5. How should §19 be revised and the reasoning of the modification?
Through the use of multinational practice statistics, literature reviews, comparison study, historic findings, terminology definitions and structured statement analysis, the study of the five questions were conducted. Similar concept do exists in some the foreign laws, and there were twice confused when the concept was introduced. After analysis and discussion on the tendering principles of procurement, It is concluded that the “believe” was correct and the following three core concepts may be used as the base to propose modification of §19. The three concepts are:
1. The power of selecting tendering method shall rest in executive authorities
2. Various Tendering methods is needed for better and more precise handling
for meeting the need in the variation of situations
3. Detailed selection method guidance is needed
It is observed in the statistical analysis that the frequency of using open tendering method in Taiwan is higher than many other countries. Historic review of the Act legislation on §19 indicated conflict logic with that of §1 and is in contrary to the international trend and should be adjusted. It is also proposed in this study the transitional practice to mitigate this conflict before the provision amendment.
Recommends for future research are also suggested for further modification of the Act so as to encourage tendering authorities to bravely execute the Act without worry about possible legal risks.
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