| Summary: | 碩士 === 國立中央大學 === 營建管理研究所在職專班 === 105 === Recently, some large construction companies encounter the crisis of suspension by the Government Procurement Act (GPA) because they have the circumstances of Article 101 in GPA. There is a concern that the punishment under Article 101 by a procuring entity may not follow the principle of proportionality. In case of one employee in a company has a fault that results in the circumstances of Article 101 and a procuring entity acts its right to punish the company. All employees in the company may have huge impact because the punishment may affect the company’s rights of subsistence, work and professional reputation. In general, a large company may have higher risk and suffer more impacts because it has more employee and business compared to a small company. Through reviewing the literature, studying practical cases, and interviewing with domain experts, this study analyzed the causes of suspension in GPA and possible disputes. The impacts of suspension by the GPA for the large construction company are summarized, which are classified into four types: (1) potential impact, (2) instant impact, (3) short term impact and (4) long term impact. This study has proposed some response strategies to the GPA’s suspension for the large construction company considering above four types of impacts. Furthermore, this study suggests to amend the GPA and then to mandate a procuring entity has to make sure the situations of violation problem is serious, proportional punishment may imply and the impact regarding to the scale of a supplier is reasonable before a final decision of suspension is made to a supplier. It is anticipated that the research outcomes are beneficial for GPA emendation in the near future.
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