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|Other Titles: ||Government as Consumer: A Comparative Study on the Government Procurement Systeof Taiwan and Germanym|
Government Procurement Agreement;Government Procurement Act;Open Tender;Selected Tender;Limited Tender;Threshold;Appeal (Complaint) and Mediation
|Issue Date: ||2016-05-16 16:48:56 (UTC+8)|
Purchasing products or services by a government for its own use constitutes a substantial proportion of its total expenditure. Government procurement may only function well if it adopts the principle of non-discrimination in purchasing. The government, in order to reach some specific purposes in internal policies, may take special measures or implementations such as forbidding purchasing from foreign suppliers, giving domestic suppliers more favorable prices or ruling for compensatory trade terms, or making excessive using of limited tendering procedures, and making the purchasing procedure insufficiently transparent. Government procurement usually represents about 10-15% of total GDP, which no manufacturers can ignore. The goal of the Government Procurement Agreement is to avoid discrimination between goods from domestic or foreign origin (National Treatment) and to give most-favored treatment (Most-Favored-Nation Treatment) to supply countries. In other words, the purpose of the GPA does not lie in forcing any government to import goods from foreign countries, but lies in creating the same competition conditions for domestic and international manufacturers. Signing the GPA and joining WTO are beneficial to our trade diversification and will enhance the competitiveness of our products. The GPA requires transparency of laws, regulations, procedures and practices regarding government procurement. The government needs to establish international procedures on notification, consultation, surveillance and dispute settlement with a view to ensure a fair, prompt and effective enforcement of the provisions on government procurement and to maintain the balance of rights and obligations at the highest possible level. It is thus necessary to promulgate a new Government Procurement Act in Taiwan to replace the chaotic regulations of the past. Since every member country of the GPA has the obligation to modify its government procurement system according to GPA requirements, it is the purpose of this article to compare Taiwanese and German law and to make relevant suggestions.
|Relation: ||法學評論, 92, 219-300|
|Data Type: ||article|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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