|dc.description.abstract||According to Article 36 of the Government Procurement Act, a procuring entity may prescribe basic qualifications of tenderers based upon actual needs. From the same article, for special procurement or huge amount procurement which must be contracted to suppliers with substantial experience, performance record, manpower, financial capability, equipment, etc., specific qualifications for tenderers may be prescribed. It means that only for special procurement or huge amount procurement, an entity can prescribe specific qualifications of tenderers. The purpose of setting the thresholds of special or huge amount procurement is to prevent an entity restrains competition unduly. Therefore, a gap of qualification appears in the provision, and which might force an entity giving up prescribing qualifications of tenderers based upon the characteristics of the procurement and actual needs for procurements not meeting the thresholds. This contradiction within the article may lead to unguaranteed quality of procurement. In this research, according to the foreign literature referenced, the best way to prevent an entity restraining competition unduly is to prescribe qualifications of tenderers in accordance with market survey for potential tenderers upon work experience, financial capability, etc.
It is proposed in this study to make some revision on Article 36 and other related regulations to delete the thresholds of special procurement and huge amount procurement to allow the procuring entity establishing qualification for tenderers based on actual needs and practical market survey. This will also serve the purpose of preventing the entity to restrain competition unduly.||en_US|