| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 95 === The greatest benefit of enacting Government Procurement Act is to determine the award of contrasts to the lowest-price tenderer or the most advantageous tenderer in an efficient and effective manner. That is also the legislative cause for the establishment of evaluation system. There are two principles for conducting the award of contracts to follow: to contract to the tenderer with the lowest price, or to the most advantageous tenderer.
The article is to examine the existing evaluation procedures in situations applying the most advantage tender principle, or the public selecting procedures where an evaluation committee is required.
According to the author’s long-time working experience and personal observation, she conducts the research from the following perspectives:
organization and functions of an evaluation committee;
international norms and foreign practices;
evaluation, negotiation and supervision by an evaluation committee;
legal nature of the resolutions by an evaluation committee;
handling of complaints and administrative litigations.
The author hopes this research could enhance the ability of procuring entities to settle disputes in evaluation procedures; promote the understanding and interaction amid procuring entity, evaluation committee, procurement personnel, supervision unit and tenderers; facilitate constructive communication and reach the goal which an evaluation committee is set up for.
By looking into the existing evaluation system conducted by procuring entities, the author tries to find its problems and provide solutions, which could be refereed to in decision-making by procuring entities, responsible entities and superior entities. This research is also conducted in hope to design supplementary measures, remove possible hinders in evaluation procedures and eventually let the procuring staff perform up to what they are expected.
Key word：Government Procurement, Evaluation, Procurement Evaluation Committee, The Economical Most Advantageous Tender
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