| Summary: | 碩士 === 國防大學 === 法律學系 === 107 === Government agencies handle procurement, but they want to maximize the benefits, and award the best quality manufacturers in the most effective way and at the most reasonable price. This is also the purpose of government procurement law. There are two kinds of criteria for the determination of the government procurement law, namely, the lowest standard and the most favorable standard. Although the minimum standard can save public funds, there are often manufacturers who rush to bid at low prices, and the subsequent delivery delay is not as expected, or the quality of the project. Low-level and other situations; while the most favorable criteria can choose high-quality manufacturers, but the selection system often has many controversies and drawbacks. The most favorable criteria, whether applicable, applicable, or the most favorable spirit, should be established by the procurement selection committee ( Or the review team) to conduct the selection process. This article is about the most favorable criteria for the most controversial selection stage, trying to criticize the various shortcomings of the current system, analyzing the causes one by one, exploring the omissions of the current selection system, and seeking solutions.
By observing the current situation of the procurement selection system of each agency, this study will find out the problems of its existence and provide effective countermeasures for the reference of relevant decisions of various agencies and higher authorities and the competent authorities, and develop supporting measures to reduce the obstacles in the selection process to reduce The negative work pressure of the procurement staff and the selection committee will enhance the smoothness of the selection process and play its due function.
Furthermore, it is hoped that by comparing and comparing the opinions of the competent authorities and the administrative courts on the most favorable procurement disputes, and classifying various cases, the author summarizes the views of the competent authorities and judicial practice on the most favorable criteria for the disputed cases. And put forward the review of this study to provide reference for the procurement personnel to handle disputes, and hope to clarify and integrate the gap between the most favorable legal order theory and practice, to propose suggestions for the revision, and strengthen the selection and selection process of the selection committee. The measures made suggestions.
This thesis focuses on the most favorable issue of government procurement law, and mainly discusses the nature of the resolutions from the government procurement public and private legal theory and practical insights in the selection process.
Secondly, it examines the current government procurement of the procurement selection committee and the responsibility of the procurement selection committee and the avoidance of interests. The government procurement law seems to be lacking in the legal system of procurement selection and the power and responsibility are not consistent, as well as the procurement authority and selection. The committee’s responsibilities are unclear.
Finally, regarding the relief procedures for procurement selection, in addition to the possible impact of the current objection and appeal system on the interests of manufacturers seeking relief procedures, and the discussion of the interpretation of the meeting of the Chief Justice of the Court, whether there is any impact on the existing government procurement law relief, this article The place to be discussed.
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