A Legal Study on the Inter-Entity Supply Contract in Article 93 of Government Procurement Act: Focusing on Contract Type and Characterization
Date Issued
2015
Date
2015
Author(s)
Hsiao, Pai-Ching
Abstract
The term“inter-entity supply contract”in Article 93 of the Government Procurement Act means that an entity, on behalf of two or more entities, signs a contract with a supplier for property or services that are commonly needed by entities, so that the entity and other entities to which the contract applies can utilize the contract to conduct procurements. As time goes by, the dispute about aforementioned system becomes more and more. This thesis, first, tries to define the contents of“inter-entity supply contract” by observing the evolution of law, the Regulations of The Implementation of Inter-entity Supply Contracts, and the contract sample of Bank of Taiwan. Second, after researching of the practice of the contract, I suggest that there shall be two or more contracts in this system, and the relationship between these contracts could be constructed on the basis of“Frame Contract( Rahmenvertrag) Theory.” Moreover, the two contracts may be characterized as contracts under private law. Finally, by studying several cases of Supreme Administrative Court, I advice aforementioned notions should become appropriate solutions to the practical issues. Furthermore, this thesis also makes several suggestions toward legal amendments.
Subjects
inter-entity supply contract
Government Procurement Act
Agency
Mandate
Frame Contract ( Rahmenvertrag)
characterization of contract
Type
thesis
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