Analysis Of Supplier Selection Legal System On Public-private Partnership In South Africa

The whole life-circle of PPP Project is well-connected and integrated.Nevertheless,most countries have only established legal mechanism of disputes settlement for project construction,project operation and project maintenance while neglecting of the law safeguarding the stages before contracting,eventually leading to the construction setbacks or even to the ends of the project.On the other hand,scholars focused on the study and equalization of the first two “Ps” in PPP,but do not recognize the function of“Partnership” to the enhancement of quality or benefits on public service.Government bears responsibility on providing competitive environment with openness and transparency,and reasonably “sharing risks and benefits”in the “Partnership”.And if the basic benefits do not be satisfied,the private capitals will slack off in the process of project construction,causing the construction of the PPP project as a whole falls behind the government's anticipation.PPP supplier selection is the key program before the formal cooperation between public and private entities,and simultaneously fully reflects the cooperation of them.Thus,intensifying the institutional construction of PPP supplier selection in the aspect of openness and transparency,promotes the economic benefits of the whole project,and institutional guarantees the project construction.South Africa takes it seriously for the risks and government funds management and control,which contains both the government supervision and the protection of private capitals' benefits,having built up a set of mature PPP supplier selection legal system by releasing legal policies and booklets to regulate and guide PPP operation under the public financial management law: Firstly,to prevent the chaos of PPP supplier selecting in practice,it guides the PPP practice by guidelines combined with the Treasury's approval to PPP documents of each selection stage.Secondly,South Africa have formed the competitive way of supplier selection,the complete evaluation system,includes quantitative evaluation standard and efficient three-level evaluation,which ensures the fairness and justice of the program and the effectiveness of the selection result.The PPP supplier selection system in China needs to be completed and enhanced,and there are some suggestions by analysis of South African supplier selection system and by summerizing the legal questions in this stage: first,complete and coordinate PPP laws,and release relative policies to China's development situations;second,intensifythe complement and unification of the law on procurement methods,and recommend competitive bid as the way of selecting PPP suppliers;third,continue to complete the guidelines and focus on the leading functions in the practice.