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Study On Contracting Methods Of Government Procurement

Posted on:2004-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:R Z ZhengFull Text:PDF
GTID:2156360122967482Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contemporary governmental procurement is the action that government, by using business means, acquires supplies, construction and services from suppliers independent of government organs. In market economy, this transaction can only be fulfilled through contract, therefore, the selection of counterpart and the process of reaching an agreement is the most important part of the governmental procurement transaction, and the method of contracting is an essential issue in governmental procurement law.The ultimate aim of governmental procurement is to meet the requirement of government for material foundation in performing their duties, making the usage of capital more effective, though sometimes it be required to achieve other policy targets. Therefore, same as personal purchase, the final objection of governmental procurement is to realize "value for money". In market economy, full competition is helpful to create a buyers' market, and will constitute the primary principle to the governmental procurement law. Governmental procurement, mainly performed in form of tendering procedures, is in nature a competing contracting. In governmental procurement law, competing contracting is achieved by disclosure of relative information and reforming the procedure of offer and acceptance in contract law. Disclosure of information about governmental procurement will eliminate the information asymmetry between parties to transaction, and helps to form effective competition. The reformation of offer and acceptance in ordinary contract law is in fact to provide the invitation of offer with legal effect, turning the two-part contracting procedure of offer and acceptance to the three-part procedure of invitation of offer, offer and acceptance, thus to adapt the special requirement of the competition in governmental procurement. Specializes the rules of invitation of offer will help to restrict procuring organs, thus ensuring the counterpart that there exist the transaction opportunities. There are all together 7 types of governmental procurement in conformity to governmental procurement law of other countries, including open tendering procedure, selective tendering procedure, two-stage tendering procedure, competitive negotiation, request for proposals, request for quotation and single source procurement. It is necessary to stipulate two-stage procedure in the governmental procurement law of our country, in order to meet the need of the procurement involving large amount of procuring capital and whose technical specialization and standard are hard to make certain or complete by means of interpreting in a broader sense. Furthermore, it is also required to broaden the scope of procurement notice, and adopt negotiation proceeding in tendering procedures. As for the problem of devoid of non-tendering procurement methods in construction procurement, special administrative regulations shall be enacted.
Keywords/Search Tags:government procurement law, tendering and biding law, competing contracting, methods of government procurement
PDF Full Text Request
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