dc.description.abstract | In Taiwan, public construction works are delivered by the Government Procurement Act (GPA) or the Act for Promotion of Private Participation in Infrastructure Projects. In those two acts, there is no procurement procedure that allows the tendering authority to communicate with the bidders sufficiently. Even though negotiation mechanisms are designed in the acts, there are very few cases, especially in GPA projects, to adopt negotiation procedures, due to the incompleteness of existing negotiation mechanisms. Therefore, when a tendering authority encounters inexperienced, advanced technology, complex contract or large-scale procurement cases, the authority is likely to prepare an unfair and unreasonable contract, which may lead to some problems in the performance stage. In 2004, the European Union announced the competitive dialogue (CD) procedure as a new public procurement procedure to solve the problem of lacking of communication and flexibility in the existing tendering process. In the process of adopting competitive dialogue, there is a dialogue stage that allows the tendering authority to fully discuss all the contract content with candidates. The final contract clauses are prepared based on the outcomes of the dialogue. By this approach, even if the capability of procurement authority in project’s initial stage is insufficient, the procurement result that meets the procurement demand can be smoothly obtained. This research reviews the current conditions in the countries that have adopted CD, and analyzes the suitability of adopting CD in Taiwan. According to the key principles in CD by other researches, this research has proposed three improvement schemes to solve the problem of the incapability of GPA in negotiation. Recently, in Taiwan, the government promotes the procurement authority to adopt most advantageous tendering approach integrated with negotiation mechanisms. Hopefully, the research outcomes can be good references for the above mentioned work and be alternatives to improve the performance of GPA. | en_US |