On The Judicial Review In Government Procurement Administrative Cases

Administrative cases of government procurement often bring issues inthe stage of entering into government procurement contracts, with commonchallenges on complaint handling decision made by government procurementsupervisory agencies. Judicial review in those cases involves proceduralmatters and substantive matters.In government procurement administrative cases, judges review certainprocedural matters, for example, whether complaint handling decisions fallinto scope of administrative litigations, when relevant procurementdepartment without legal personality engaged in some procurement activities,whether the government as the founder of that department was properdefendant, etc..In government procurement administrative cases, judges also review certain substantive matters, for example, whether the supervisory agency wascompetent to deal with complaints, whether the complaint handling decisionsshould check entire contents of complaints, whether procurement procedureand tender documents comply with legal requirements for fair competition,whether the procurement documents and procurement procedures complywith legal provisions on disclosure and transparency, whether contents ofbidding and tender documents is legal, whether the procurement procedurescomply with relevant laws, regulations, and other regulatory requirements,etc..This article is based on the collation of some typical cases, so judicialreview of should include but not be limited to the outlined in this article.The conclusion is based on limited analysis of some typical cases, soother matters should be reviewed in government procurement administrativecases.