정부조달계약에 있어서 계약담당공무원의 자격, 권한 및 책임에 관한 고찰- 미국 법제와의 비교를 중심으로 -

There is criticism that the government procurement contract is uniform and inefficient. To overcome this, the contracting officer shall be allowed a broad discretion to respond appropriately to individual circumstances. However, even if such authority is allowed, in order to exercise it properly, the contracting officer should have the capabilities and qualities to handle the contract work properly. To do this, it is necessary to have a systematic and rational system of training and certification system that can properly verify its capabilities and qualities. It is necessary to operate the training system and the certification system in conjunction with each other, and it is necessary to make the person who has obtained the certification perform the work as the contracting officer. Also, the liability of the contracting officer shall be appropriate. If the liability is excessive, it is difficult to expect the contracting officer to perform actively. The contracting officer should be liable and balanced so that he or she can handle his or her work without any burden. It is therefore reasonable that the contracting officer shall not, in principle, be held liable for damages for any conduct within its scope. However, in case of violation of laws and the contracting officer should be liable only if it is caused by intention or gross negligence. In order for such an improvement suggestion to be effective, it is necessary to establish a new provision of the law.