A Comparative Study on the Present Government Procurement Act and Act for Promotion of Private Participation in Infrastructure Projects in Taiwan

摘要

In Taiwan, government staff, judicial officers and private institution owners should avoid erroneously misapplying the Government Procurement Act (GPA) and the Act for Promotion of Private Participation in Infrastructure Projects (PPP). This study examined the literature and conducted a comparative analysis of the legislation processes related to the Act for Promotion of Private Participation in Infrastructure Projects and the Government Procurement Act. The differences between these two Acts, as well as the government’s promotion of private participation in infrastructure projects, were explored by investigating the spirit of the laws, open procedures, security measures, private sector participation and measures that promote public interest and prevent fraud. In conclusion, the historical background, legislative purpose, implementation procedures, transparency and confidentiality regulations are found to be fundamentally different between the two Acts. Because of this, executives should avoid erroneously misapplying laws.