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The government procurement shall refer to any government agency, public school, government-owned enterprise and a juridical person or organization which takes a grant from an entity, in order to obtain property and service support necessary for carrying out administration affairs, conduct the invitation to tender, the evaluation of tender, or the award of contract, execution of the contract ,contract performance and inspection &; acceptance procedures for the contracting of construction work, the purchase or lease of property, the retention or employment of services, etc. in accordance with the Government Procurement Act and other related regulations. Whether the invitation to tender, the award of contract award procedures are fair; whether the selected tendering methods and the principles of contract award are appropriate are essential for government procurement to provide open fair competing markets and improve the efficiencies and functionalities of the government procurement. The supplier qualification requirements play a decisive role in the invitation to tender procedure. The procurement entity shall prevent unduly restraining competition and take account into the purposes of prescribing the tendering supplier qualification, i.e. whether they can ensure the quality of procurement, improve procurement efficiency, or save the procurement cost. The prescription of qualification requirements shall be with fairness, competitiveness, integrity. The procurement entity may determine within certain discretion in the evaluation of qualifications, specifications, prices and tender procedure against tendering suppliers in the tender evaluation after opening of tenders. The determined results have key effects as to whether the tendering suppliers can continue to participate in subsequent competition of tender. In the government procurement procedure, the offer seems take effects after the tendering suppliers serve the tender documentation. Upon the procurement entity processing with the opening of tenders, the procedure goes into the award of contract step. The award of contract step refers to the stage that the entity reviews the supplier qualifications, specifications, technical documentation and price, which are prescribed with strict and complete procedures in the Government Procurement Act. In the discovery of the contracting processes of property procurement contract, this paper agree with judicial opinions the tender bulletin is an invitation for offer, a supplier’s tendering is an offer, thus the award of contract by the procurement entity is a acceptance in nature, upon the awarded of contract that the parties reciprocally declare their concordant intent, a contract shall be constituted. The Government Procurement Act adopts Two-Stage theory, the issue before the constitution of contract as a public law, after the constitution as civil issue, which should be the model of special legislation for resolving disputes. However, there are no contractual relationships between the vendors and the entities in the tendering and awarding stages by the entities; which under normal circumstances, they cannot bring proceedings in civil courts based on civil legal relationship. With respect to determining the legal characteristics the of government procurement, this paper adopt Public- Private- Dual Theory because the entity establish private contract with the vendors as a party, the performance dispute after the constitution of contract shall be filed for civil litigation in civil courts based on civil legal relationship, but the disputes in the invitation of tender and award of contract may be filed for administrative litigation by Laws, it’s hard to say nothing to be brought into the civil proceedings in civil courts based on civil legal relationship. From the mistake patterns of government procurement, we could learn that there are many mistakes occurred in the tendering and awarding stages of procurement procedures, which is also main dispute source between the vendors and the entities. This paper, from theory aspect, explores the common practice issues for the invitation of tender and award of contract in the property procurement procedure under the existing legal framework.
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