| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 104 === According to the government procurement act, article 52-2, it is illegal to award the most advantageous tender when the prices are the only way to compete after the agency analyze and evaluate the result. As the most advantageous tender, making the budget-using more efficiency to reach the demand of procurement; on the other hand, it could encourage the firms to do the unpriced competition to provide the vicious of robbing tickets in low prices, letting the agency procurement more flexibility and could also promote the quality of domestic procure demand market. However, most of the agency yet confirm whether it is the different qualities of construction work and use the lowest tender to award. Lots of procurements which is the most advantageous tender are in the suspicion or even in the investigation to let citizen have the observations of the most advantageous tender was the evil one. It could find the consciousness had lose over the most advantageous tender.
In view of this, to confirm each agency have the most advantageous tender of procure could manage the principles of impartial and fairness, the Public Construction Commission Executive Yuan set the " the Guidelines of Determining the Lowest Tender in the Procurement of Different Quality Subjects ". It has the small difference between the supply in different firms, like construction work, wealth and labor through technic, quality, function, benefit, property, experience of actual results, finical status, the recording of agreement or prices. These are applicable of using " the Guidelines of Determining the Lowest Tender in the Procurement of Different Quality Subjects " to investigate if it is close to the price of the standard firm in the lowest tender. If the difference was long away, it was applicable of using "the Guidelines of Determining the Most Advantageous Tender in the Procurement of Different Quality Subjects" with the most advantageous tender. Under the premise that not to lower the quality, the procurement of conferment is the lowest tender. To award the differ qualities in the lowest tender, it could eliminate some under standard firm through the evaluation mechanism so that it could improve the procurement quality and through the mechanism of price competition could save some funds to bring out the lowest tender price.
The study hope to check erroneous through the actual case and the actual operation promoting the procurement’s efficiency and quality.
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