現行公共工程招標制度與政府採購法招標制度之比較研究

Abstract

公共工程與國計民生有相當大之關聯，尤其我國在多次經濟危機時，均賴政府以增加公共投資之方式，來提振經濟景氣，而公共工程之招標作業與公共工程執行之成敗，又有極為密切之關係。近年來，政府為加入WTO，除順應各會員國之要求，準備開放國內採購市場外，更為革除國內採購作業上之各種不良習性，乃以GPA為範本，訂立了「政府採購法」，作為我國採購作業的基本法，並為我國採購招標作業邁入國際化預作準備。 現行公共工程招標作業各項法規及制度，由於立法時之時空背景及工程特性與目前不同，因此，目前在施行上不免發生人謀不臧，或承辦人員無所適從之弊端。 本研究係藉由探討目前公共工程招標制度之優、缺點，進而分析其與政府採購法招標制度之各種差異，並解釋採購法各種變革之因由。透過對過去標案之模擬分析，發現採購法在底價核定、減價、廠商家數限制、協商措施、非契約要件補正、申訴制度等多項變革，確實對招標效率及公平性之提昇，有極為正面之影響。

Abstract Public works are closely related to the national welfare and the people's livelihood, and this is obvious during several of our country's economic crises when the government has boosted the economy by increasing the public investment. Furthermore, the tendering operation of public works will greatly influence the outcome of public work execution. In the recent years, in an effort to gain entrance into the WTO, our government not only accomodated each member country's requisitions in preparing to open the domestic procurement market, it has eliminated various unhealthy practices found in domestic procurement operations, and established the "Government Procurement Law" by adopting GPA as a guideline. This law will form the basis of our country's procurement operation, and as a preparatory step for the operation to be internationalized. As the space-time background and the work nature at legistration were different from today, the various regulations and systems of the current public works tendering operation tend to have inefficiency during execution or confusions arised among undertakers. By probing into the pros and cons of the current public work tendering system, this study further analysed its differences from the government procurement tendering system, and provided reasons to the causes for various reformations in procurement law. Through simulative analysis of the past tendering cases, numerous reformations in procurement law, including ratification of base price; discount price; limitation to the quantity of manufactureers; negotiation measures; amendment of important non-contractal documents; petition system etc., have been shown to have positive effects on the improvement of tendering efficiency and justness. Key words: public works; tendering; government procurement law