Abstract
Taiwan’s Government Procurement Act (GPA) was passed in 1998 to exploit advantages from unifying public procurement processes. The act provided for the establishment of channels for objections and complaints, allowing for officials to rapidly deal with controversies, supervise procurement departments, and expose defects in existing procurement procedures. The GPA enhances the efficiency of public purchasing while reducing corruption, raising governmental procurement processes to the international standards. However, the launch of the GPA has been followed by numerous disputes which have reduced the efficiency of public procurement. This study investigated the appeals of ineligible contractors, finding that such appeals are successful in 64% of cases, which implies a systemic failure to achieve justice in the execution of the GPA. Procurement efficiency can be improved if disputes caused incorrect action on the part of government agencies could be avoided. This research uses a case study approach and statistical methods to analyze appeals from ineligible contractors accused of violating the GPA. Comments from the appeal committee are reviewed to develop strategies to reduce disputes regarding contractor ineligibility. A case study is presented to demonstrate the applicability of the proposed method. Application results show that the developed strategies could help both the procuring agency and contractor avoid procurement disputes. Suggestions for future revisions of the procurement act are provided.
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Abednego, M. P. and Ogunlana, S. O. (2006). “Good project governance for proper risk allocation in public-private partnerships in Indonesia.” International Journal of Project Management, Vol. 24, No. 7, pp. 622–634.
Cameron, I. and Gani, R. (2011). Product and process modelling: A Case Study Approach, Elsevier, Netherland.
Chang, H. C. (2006). A study on government procurement dispute-based on a port authority, MSc Thesis, National Sun Yat-Sen University, Kaohsiung, Taiwan (in Chinese).
Chen, J., Huang, H., and Kauffman, R. J. (2011). “A public procurement combinatorial auction mechanism with quality assignment.” Decision Support Systems, Vol. 51, No. 3, pp. 480–492.
De Silva, D. G., Dunne, T., Kosmopoulou, G., Lamarche, C. (2012). “Disadvantaged business enterprise goals in government procurement contracting: An analysis of bidding behavior and costs.” International Journal of Industrial Organization, Vol. 30, No. 4, pp. 377–388.
Elliott, M. and Thomas, R. (2011). Public law, Oxford University Press, USA.
Ertem, M. A., Buyurgan, N., and Pohl, E. A. (2012). Using announcement options in the bid construction phase for disaster relief procurement, Socio-Economic Planning Sciences (in Press).
Falagario, M., Sciancalepore, F., Costantino, N., and Pietroforte, R. (2012). “Using a DEA-cross efficiency approach in public procurement tenders.” European Journal of Operational Research, Vol. 218, No. 2, pp. 523–529.
Glicksman, R. L. and Levy, R. E. (2010). Administrative law: Agency Action in Legal Context, Foundation Press, New York.
Hsu, C. L. (1999). Restraint of elementary rights on state treasury, Angle Publisher, Taipei (in Chinese).
Hsu, C. L. (2002). Mutual administrative behavior — unofficial negotiation, agreement, and administrative contract, Challenge and Development of New Era and New Economic System, Angle Publisher, Taipei (in Chinese).
Ipsen, H. P. (1972). Europäisches gemeinschaftsrecht, J.C.B. Mohr (Paul Siebeck) Tubingen, Germany (in Germany).
Jann, W. (2003). State, administration and governance in Germany: Competing traditions and dominant narratives, Wiley-Blackwell, New York.
Kaliba, C., Muya, M., and Mumba, K. (2009). “Cost escalation and schedule delays in road construction projects in Zambia.” International Journal of Project Management, Vol. 27, No. 5, pp. 522–531.
Keyes, W. N. and Feldman, S. W. (2011). Government contracts in a Nutshell, West, MN.
Kutz, G. D. (2009). Excluded parties list system: Suspended and debarred businesses and individuals improperly receive federal funds, United States Government Accountability Office, Washington, DC.
Lee, S. M. (2004). “Termination of inferior supplier in the government procurement act.” The Taiwan Law Review, pp. 139–154 (in Chinese).
Lee, S. M. (2007). “Unqualified supplier relief in the government procurement bidding Phase — A review of the highest court sentence #440.” Congress Monthly Journal, pp. 49–50 (in Chinese).
Lee and Li Attorneys at Law (LLAL) (2003). Government procurement dispute causes and problem type analysis, Research Report. Public Construction Commission (PCC), Executive Yuan, Taipei (in Chinese).
Liao, T. S., Wang, M. T., and Tserng, H. P. (2002). “A framework of electronic tendering for government procurement: A lesson learned in Taiwan.” Automation in Construction, Vol. 11, No. 6, pp. 731–742.
Lin, H. M. and Chen, W. C. (2004). Government procurement, Perennial Culture Publisher, Taipei (in Chinese).
Liu, Q. W. (1997). Government procurement appeal: Law property, MSc Thesis, National Chengchi University, Taipei (in Chinese).
Luo, C. F. (2004). Analysis on government procurement act and agreement, Angle Publisher, Taipei (in Chinese).
Manavazhi, M. R. and Adhikari, D. K. (2002). “Material and equipment procurement delays in highway projects in Nepal.” International Journal of Project Management, Vol. 20, No. 8, pp. 627–632.
Padhi, S. S. and Mohapatra, P. K. J. (2009). “Contractor selection in government procurement auctions: A case study.” European Journal of Industrial Engineering, Vol. 3, No. 2, pp. 170–186.
Peng, L. C. (1999). A study of complaints system on government purchase law, MSc Thesis, Fu Jen Catholic University, Taipei (in Chinese).
Perng, Y. H. and Chang, C. L. (2004). “How does Government Procurement Law affect bidding price competition in Taiwan?.” Building Research and Information, Vol. 32, No. 6, pp. 497–509.
Public Construction Commission (PCC) (1999). Collection of dealing with government procurement appeals, Public Construction Commission (PCC), Executive Yuan, Taipei (in Chinese).
Public Construction Commission (PCC) (2003a). Collection of Government Procurement Appeals 1, Public Construction Commission, Executive Yuan, Taipei (in Chinese).
Public Construction Commission (PCC) (2003b). Collection of government procurement appeals 2, Public Construction Commission, Executive Yuan, Taipei (in Chinese).
Public Construction Commission (PCC) (2005). Collection of government procurement appeals 3, Public Construction Commission, Executive Yuan, Taipei (in Chinese).
Public Construction Commission (PCC) (2007). Collection of government procurement appeals 4, Public Construction Commission, Executive Yuan, Taipei (in Chinese).
Tang, G. S. (1998). Government procurement: Law application, Perennial Culture Publisher, Taipei (in Chinese).
Technical Support Office (TSO) (2007). Handbook on philippine government procurement, Government Procurement Policy Board, Republic of Philippines.
Watermayer, R. (2005). “Transparency issues in government procurement.” Structural Engineer, Vol. 83, No. 2, pp. 18–20.
Yin, R. K. (2009). Case study research design and methods, Sage Publications, London.
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Ko, CH., Liao, HS. Reducing ineligible contractor disputes in government procurement: A lesson from Taiwan. KSCE J Civ Eng 18, 409–418 (2014). https://doi.org/10.1007/s12205-014-0513-3
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DOI: https://doi.org/10.1007/s12205-014-0513-3