A Study on the Screening, Evaluation and Negotiation Mechanism of the “Government Procurement Act” and the “Law for Promotion of Private Participation in Infrastructure Projects”

• Main Authors: Tsan-ming Huang, 黃燦明
• Other Authors: 作者未提供
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/38u24q

碩士 === 銘傳大學 === 公共事務學系碩士在職專班 === 95 === ABSTRACT: In 1998, the government enacted the Government Procurement Act for the purpose of defining a fair and public procurement procedure that promotes efficiency and functionality of the procuring process, as well as provides quality assurance of the procured goods and services. To ensure the smooth running of issuing purchase orders in support of engineering, finance and human resources departments, The provisions of this Act contain “Regulations for Evaluation of the Most Advantageous Tender”, “Regulations Governing the Organization of Procurement Evaluation Committee” as well as “Regulations for Review by Procurement Evaluation Committee”. In addition, the Act also lays down rules for “procurement negotiation methods” or “adoptable negotiation methods” in an effort to effectively address the difficulty associated with regulating the contract terms in government tender documents. Moreover, in light of the increasing national budget deficit and difficult financial situation, it is of paramount importance that the government continues working on infrastructure development projects and secures the quality of public service. Hence, the “Law for Promotion of Private Participation in Infrastructure Projects” was enacted in 2000 to enhance the overall societal economic development and encourage the private sectors to actively participate in infrastructure projects. The Law requires that an evaluation committee should be set up to define the evaluation standard according to the purpose of the infrastructure project. Moreover, the committee should uphold the fair and just principles to examine the submitted tender documentations and select the most outstanding tenderer within the evaluation deadline. The “Regulations for Organization and Evaluation of the Reviewing Committee of Private Participation in Infrastructure Project” establishes the principle that the committee members may institute the negotiation process to address the uncertainties whenever necessary. In recent years, many public construction projects gave rise to disputes over issues such as screening, evaluation and negotiation mechanism. Examples include the High Speed Rail Build-Operate-Transfer (BOT) Project, the sewage project, highway electronic toll collection (ETC) project, Beitou cable car BOT project, and the most advantageous tenders in various national park projects, etc. The government and the private sector appear to have discrepancy with the application of build-operate-transfer (BOT) development projects. As we are still in the preliminary stage of BOT implementation and have less experience, no consent and mutual trust have been formed as of date over the perception, mechanism and operations pertaining to the negotiation process. Hence, both of the government and private sectors are required to establish a correct understanding of BOT project operations. Moreover, the government should endeavor to systemize the screening, evaluation and negotiation mechanism in an effort to effectively settle disputes. This study aims to examine the regulations and contents of the screening, evaluation and negotiation mechanism as stipulated in the “Government Procurement Act” and the “Law for Promotion of Private Participation in Infrastructure Projects”. Moreover, the study offers an integrated analysis of literature review and practical experience. Through the in-depth interviews with specialists, scholars, private and public sectors, the study reveals the significance of screening, evaluation and negotiation mechanism and gives relevant suggestions. It is hoped that the government and the private sector will both place emphasis on a fair and public mechanism of screening, evaluation, and negotiation.