政府採購規格制度之研究 -以建築工程同等品評估及其監控機制為例-
Date Issued
2004
Date
2004
Author(s)
盧冠文
DOI
zh-TW
Abstract
The Government Procurement Act represents an attempt by the central authorities to promote the efficiency and effectiveness of government procurement operation and ensure the quality of procurement through fair and open procurement procedures. Procurement specification, one of the four important conditions on procurement, should, in particular, be imposed to prevent malpractices and disputes on the effectuation of the contract. At present, however, the national standards and the conformity assessment procedures fail to completely satisfy the needs of public constructions, and thus the equivalent mechanism has been developed as supplements to the procurement specification. In view of the frequent disputes that the assessment of equivalents brings about, the thesis aims at explore the possibilities of a reasonable assessment of equivalents and of the enhancement of fair competition in procurement procedures.
The competition and supervision mechanism in government procurement regulations intends to enhance competition and prevent corruption. However, when government procurement fails to be regulated and the political and economic goals of the government fail to be achieved as a result of the imperfection of the mechanism or the failure of the assistance of other mechanism, corrupt practices will emerge. Whether the equivalent mechanism can effectively enhance fair competition depends on whether its operation complies with fair and open procurement procedures stipulated by Government Procurement Act. The supervision mechanism should be operated to its extent in preventing and punishing malpractices. This study, providing an analysis and discussion of the equivalent and supervision mechanism, has come to the conclusion as follows: 1.Providing "reference brand" and such word as "or equivalent" should not be obligatory in the tender documentation since they are used only in the specification of the procurement requirements; 2.These extrinsic cues as brand and source of origin should not be included as criterions in the assessment of equivalents; 3.Regulations on price-reduction are applicable only when contract amendment is involved; 4.Whether the architect can assess the equivalent in a fair and objective manner requires further consideration; 5.Specification included in Government Procurement Act Article 88 should not be limited to technical specification; 6.Provisions for punishing violations, falling outside the scope of Government Procurement Act Article 88, are based on other administrative decrees formulated by certain administrative departments, which is not consistent with the human rights protected by the Constitution, and accordingly should be improved upon.
To sum up, a strictly limited range of "violation of laws" on the basis of human rights is restriction on the definition of committing a crime. As a consequence, the supervision function of Government Procurement Act Article 88 cannot be brought into full play and thus it will fail to effectively ensure the proper operation of equivalents.
Subjects
採購規格
同等品
標準
符合性評估
政府採購法
Procurement specification
equivalents
standard
SDGs
Type
thesis