A Research on the Procurement of Non-Departmental Public Bodies

• Main Authors: Kuo,Jen-Hao, 郭荏豪
• Other Authors: Pan,Shiu-Chui
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/85601184173101288905

碩士 === 國防大學 === 法律學系 === 104 === Non-Departmental Public Bodies (NDPB) are new type of administrative organization. Unlike traditional concept, it adopts the concept of business management: reducing the cost and lifting efficiency. It renders more professional service to the public. For the above purposes, the NDPB don’t apply the regulations which apply to the administrative organizations, e.g. personnel, finance and procurement etc. However, NDPB is a kind of legal person of public law, and its annual budget comes from government. In addition, according to Non-Departmental Public Bodies Act (NDPBA), article 37 II provides:” Government Procurement Act is not applicable to the procurement prescribed in the preceding paragraph, except for the circumstance set forth in Article 4 of that Act.” Therefore, when disputes arise between NDPB and manufacturers, how to define the nature of the decisions made by NDPB ? The answers to the question is of crucial important to manufacturers, because different answers would affect the remedies that the manufactures can adopt. This thesis firstly probes the nature of confiscation and collection of bid bonds and suspension system, then subsequently focus on the tender documentation of NDPB. The paper is expectedly to find a compromise between NDPB and GPA.