我國緊急工程採購機制之問題探討

臺灣位居亞熱帶地處斷層帶且地小人稠，災害衝擊影響層面往往相當廣泛，許多重大災害均造成人民生命威脅及重大災損，而重建工程具有時間之急迫性、大量工程投入、以及有限資源之使用效率、並避免二次災害等特質。災害損失大都由政府財政支援救助，致使財政負擔沈重。而政府機關預算之編列與運用皆有其相關規定與限制，且目前都以緊縮為主，因此當緊急災害發生時，對於災害準備金之發放與數目都會先進行謹慎審核。而政府採購法自開辦以來，政府機關的採購為求公平、公開及經濟等原則，受到相當的規範，因此在面對災後復建，若依需求逐案辦理採購後，執行作業往往在效率上不符民意的期待，也常為人詬病。本研究以審計部調查97年度及98年度緊急工程採購案件執行情形報告，以其缺失分類彙整表為主題，再與本研究所搜集的緊急採購案例作比對分析，藉此探討緊急工程採購制度之癥結所在及研擬適宜之相應對策。另以台北市及新北市緊急工程採購機制改善前後情形與案例比對後進行實證探討，再結合其優點後擬具修正後之緊急工程採購自主檢查機制。此外本研究比較優良營造業複評機制與金質獎評選機制後發現不管在法規、創立目的、評選資格與限制、施工品質表現等優良營造業複評機制所選出的優良廠商都較具優勢。建議此機制可推廣擴大成優良廠商資料庫，以提供公部門各單位使用，對未來災害發生，亟需緊急採購時，可作為機關，邀請廠商進行比價或議價之選商依據，使優良廠商成為國家的公共財。

關鍵字

災害防救管理；緊急復建工程；緊急採購；政府採購法

並列摘要

Taiwan, where has a limited residential area but a dense population, is located at the subtropical zone and at a fault zone. The influence of disasters is always extensive. Many significant disasters have resulted in enormous damages and threatened people’s lives. The reconstruction works have the following characteristics: time emergency, a great deal of works entering, the utility efficiency of the limited resources, and preventing from the second damages, etc. Most of the damage loss was salvaged from government finance which is a heavy burden. Besides, the arrangement and manipulation of the government fiscal budget have related regulations and limitations, which are contractive. Therefore, when an emergent disaster occurs, the issue and amount of the disaster reserve money would be discreetly examined in advance. Since the Government Procurement Act has been executed, in order to be impartial, public and economic, it is considerably regulated. Hence, if the restorative procurement is executed case by case after a disaster, the efficiency of the procurement procedures cannot conform to the anticipation of the citizenry and is always denounced.。 This research will take the summaries of the classified defects from the National Audit Office’s investigation on the execution reports of the emergent construction procurement cases in 2008 and in 2009 as the theme, so as to compare and to analyze the cases of the emergent construction procurements collected for this research. It is to confer on the cruxes of the emergent construction procurement system and to draft a corresponding strategy. In addition, this research also discusses the improvements of the emergent construction procurement system for the past years in Taipei City and New Taipei City comparing with the analyses of the cases. In addition, revised substantial suggestions for the independent checking list of the emergent construction procurement system, which combines the merits of the aforesaid cases, would be made. A suitable contractor-selecting system would be compared in this research between the Reappraisal and Encouragement for Construction Industry and the Golden Quality Award of the Public Construction. The compared results will demonstrate that the contractors, selected from the Reappraisal and Encouragement for Construction Industry, are much advantageous than those selected from the Golden Quality Award of the Public Construction in legislations, in objectives of establishment, in qualifications and limitations of the evaluation, and in construction quality, etc. Different from the Golden Quality Award of the Public Construction, which is limited to the quantities of the recommended projects and cannot be expanded, it is suggested that this system could be promoted and expanded into a database of superior contractors who would be statutory superior contractors for government use. In the future, when a disaster occurs and an emergent procurement is needed, the register could be directly referred. The specific contractors in the register would be the basis for being invited to enter bids or to negotiate prices. The substantial suggestions would be made as a public wealth for the nation.