| 摘要: | 共同投標聯合承攬(Joint Venture, JV)的招標模式，在公共工程中被廣泛地運用，經統計政府採購網99年~103年間巨額以上採購決標案中，共同投標標案佔總決標案數43%，其金額更高達決標案總金額的52%，然於國內聯合承攬廠商多數以投標階段就其對業主所制式要求的共同投標協議書範本簽署，並成為得標後的廠商間的聯合承攬執行依據，往往於工程規劃初期就已產生聯合承攬廠商間的認知落差，缺乏「共識」衍生「爭議」，淪為有名無實的紙上聯合承攬。
本研究藉由聯合承攬的執行機制、治理模式、影響因子、成敗關鍵等文獻及國外文獻，探討聯合承攬定義、組織形態與運作執行、法規面、廠商間界面等產生問題，加以研究，並探討案例：「臺北機廠遷建建設計畫-富岡基地」內聯合承攬標案中土建廠商與機電廠商的合作模式，探討「目前公共工程聯合承攬廠商間之聯合承攬協議書，在執行上容易產生之界面問題。」、「共同投標協議書中與權利義務相關之主要條文，並提出相關之建議。」、「提出聯合承攬商在執行工程時應注意之事項，以避免爭議之產生。」等為研究目的。
綜整本研究得出：一、聯合承攬協議書所推派之代表廠商僅為專案執行之窗口，而非契約唯一廠商，聯合承攬各成員均共同具名與業主、機關做契約簽訂，以符合法制面上的對等效益。二、共同投標協議書僅適用投標階段使用，得標後於契約製訂過程中，廠商需協調出聯合承攬協議書，其內容各成員負責工項、契約金額等需詳列，且不得與契約相違背。三、DRB制度的組成有其必要性，組織架構與權重需平衡，會議討論具有時效性與最高決策性的效益，各成員需據以執行會議決議事項。及提出後續仍可深入研究之處的建議，祈使聯合承攬實施之成效能更臻落實於廠商間。
;The public tenders of joint venture are wildly used in public constructions, according to the Government E-procurement system, joint venture took 43% of the total award of bid, and the amounts were up to 52% of the total award of bid values between 2010 and 2014. However, the most of joint venture contractors were asked/forced by proprietor in the bidding stage for signing the joint venture agreements which become the execution references of the contractors after the award of bid, the perception gaps between the joint venture contractors always exist since the beginning of the project planning, without consensus leads to controversy, joint venture will become the empty talk.
The research via the references at home and abroad, which are about execution systems of joint venture, governance modes, factors of influence and keys to success or failure, to investigate the issues from definition of joint venture, organizations styles and operational execution, the aspects of regulations, the interface between contractors, etc., and to analyze the cooperation pattern between civil contractors and E&M contractors, which were joint venture in the case of “Taipei Railway Workshop Relocation Program, Fugan Depot”, to investigate “The difficulties of executing the joint venture agreements between the public construction contractors by now”, “To propose recommendations about the main articles of joint venture agreements, which related to the rights and duties”, “In order to prevent the controversies, to propose the matters need to be aware when the joint ventures working on the constructions.”, etc., for research purpose.
This research discovered:
1. The contractor delegate which is assigned by the joint venture agreements for the project executing, not just the only contractor with the proprietors. The every member of the joint venture should sign the contract with proprietors or organizations in accordance with the equal beneficial results of legal aspect.
2. Joint venture agreement applies the bidding stage only. Contractors need to refer to the joint venture agreement while the contract is making after award of bid, the contracts includes the duty of each member and the contract price should be listed, and must not transgress the contract.
3. To compose the DRB system is necessary, and the organization structure and weight need to be balanced. There benefits from the meeting discussions are timeliness and the highest decision making, and all members should go along with the conclusion of the meeting. And propose suggestions which could have the further discussion, implement the effective of joint venture between contractors. |
