Legal Issues in Facilitation, Fair-Use of E-Procurement System - Lessons from Korean Experience
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As e-procurement system is gaining the importance for transparency and efficiency of procurement, legal basis of e-procurement is evaluated as critically important for successful implementation of this system. This paper analyzed four legal issues based upon Korean experience: i) the role of law in facilitating or fair-use of e-procurement, ii) the relationship between e-procurement and ‘tendering or award mechanism,’ iii) the relationship between law and technology, and iv) the scope of outsourcing of e-procurement management functions. Korea On-Line E-Procurement System (KONEPS), which is managed by Public Procurement Service of Korea (PPS), takes the central figure in e-procurement system of Korea. KONEPS, which covers all procurement process from bidding notice, bidding, award, contracting to payment, is evaluated positively, as this system tremendously enhanced the transparency and efficiency of procurement. However, this system also showed many limitations, and E-Procurement Act was enacted in 2013 to address them. Law and practice of e-procurement system of Korea shows many lessons on the above four legal issues.
Abstract
As e-procurement system is gaining the importance for transparency and efficiency of procurement, legal basis of e-procurement is evaluated as critically important for successful implementation of this system. This paper analyzed four legal issues based upon Korean experience: i) the role of law in facilitating or fair-use of e-procurement, ii) the relationship between e-procurement and ‘tendering or award mechanism,’ iii) the relationship between law and technology, and iv) the scope of outsourcing of e-procurement management functions. Korea On-Line E-Procurement System (KONEPS), which is managed by Public Procurement Service of Korea (PPS), takes the central figure in e-procurement system of Korea. KONEPS, which covers all procurement process from bidding notice, bidding, award, contracting to payment, is evaluated positively, as this system tremendously enhanced the transparency and efficiency of procurement. However, this system also showed many limitations, and E-Procurement Act was enacted in 2013 to address them. Law and practice of e-procurement system of Korea shows many lessons on the above four legal issues.
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