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英譯法規內容

法規名稱(Title) Regulations For Review by Procurement Evaluation Committee Ch
公發布日(Date) 2019.11.06
法規沿革(Legislative) 1. Full text (18 articles) promulgated on May 21, 1999.
2. Amendment to Article 9,16 on April 18, 2000.
3. Amendment to Articles 6,9,10,13,14, and addition of Articles 6-1,14-1 on June 25, 2003.
4. Amendment to Article 6-1 on September 8, 2004.
5. Amendment to Article 6-1 on January 3, 2005.
6. Amendment to Articles 3,5,7, and cancel Article 4 on July 13, 2005.
7. Amendment to Article 6,9, and addition of Article 3-1 on April 25, 2007.
8. Amendment to Article 14 on April 28, 2008.
9. Amendment to Article 1,9,14 on November 6, 2019.
法規內文(Content)

Article 1

This Regulations is prescribed pursuant to Paragraph 3 of Article
94 of the Government Procurement Act (hereinafter referred to as
the "Act")

Article 2

The procurement evaluation committee (hereinafter referred to as
the "Committee") shall, depending on the nature of the case, have
evaluation items and the work divided for each member decided by
the chairperson or the Committee.

Article 3

The working group established by the entity shall, according to
evaluation items or the items designated by the Committee, draft
a preliminary review report based on the data of evaluated suppliers
with suggestions and present it to the Committee together with the
data of suppliers for evaluation. The preliminary review report shall
include the following particulars:
1. Subject of procurement;
2. Name, job title, and expertise of each member of the working group;
3. Whether the suppliers have provided information meeting the
requirements of each evaluation item specified in the tender documentation;
4. Differences of suppliers in each evaluation item.

Article 3-1

In conducting an evaluation, the Committee shall discuss item by item
the evaluation requirements, the data provided by suppliers, and the
preliminary review report of the working group.
Where the Committee or a committee member upholds an evaluation result
different from the result of the working group, the reason shall be
explicated by the Committee or the member and be taken in the minutes.

Article 4

(deleted)

Article 5

The Committee may designate a member to pre-review the working group's
preliminary review report before making a decision, and the view
opinions should be sent to the Committee for reference.
Where a member suggests that investigation or on-the-spot inspection
is necessary, it may be conducted based on decision of the Committee.

Article 6

Committee members shall conduct evaluation fairly and attend meetings
and participate in evaluation and scoring in person. Requesting others
to act for Committee members is not allowed.
Where there is a significant difference on evaluation result among
Committee members, the chairperson shall present it to the Committee
for resolution or there shall be a re-evaluation according to the
decision of the Committee. The Committee will decide the final result
when there is still a significant difference on re-evaluation result.
According to the preceding paragraph, the Committee may make decisions
as follows:
1. The original result shall be maintained;
2. Individual member's result shall be excluded and the result shall be
recounted;
3. The original result shall be discarded, and a new result shall be
reproduced; or
4. There is no advantageous tender.

Article 6-1

In conducting an evaluation, Committee members shall specify scores or
ranking for each evaluated supplier by items on the evaluation forms
prepared by the entity and affix their signatures or seals thereon.
After Committee members complete evaluation, the entity shall compile an
overall form that specifies the subject of the procurement, names of
Committee members who participate in evaluation, names of evaluated
suppliers, evaluation results made by each attending Committee member
for each supplier, the final result of evaluation, and has signatures
or seals of all Committee members who participate in evaluation. Any
correction to its contents shall be provided with signature or seal of
the person who made the correction.

Article 7

The working group’s preliminary review report and the Committee's
review, making decisions, etc. shall, in principle, be confidentially
conducted and be recorded with names of the participants.
The entity shall notify each tenderer of the outcome of the evaluation
and provide reasons for disqualified or unselected tenderers.

Article 8

In conducting an evaluation, where it is necessary for the Committee or
working group to notify tenderers to explain, reduce price, negotiation,
modify the content of the original tender, or re-submit a new price offer,
they shall be proceeded individually and confidentially.

Article 9

The decision of the Committee meeting requires the attendance of not less
than half of the total members and the assent of more than half of the
attendees. Among attendees, at least one third of them shall be experts or
scholars and the number of experts or scholars shall be not less than two.
Where a Committee member has any of the circumstances provided in Article 14
or can’t continue to act as a member for any other reason so that the total
number of Committee members or the number of outside experts and scholars is
unable to meet the requirements set forth in the paragraph 1 of Article 94 of
the Act, a new Committee member shall be appointed to make up the shortage.
The chairperson may demand non-Committee persons to leave where there is a
voting in the meeting specified in Paragraph 1, unless the person is a
procurement staff required to participate in the meeting.
The meeting of Paragraph 1 shall take minutes with signatures of all
attending members.

Article 10

Where the total number of attending members does not meet the requirements
provided for in paragraph 1 of the proceeding Article in the progress of
Committee meeting, voting on cases shall not be proceeded.

Article 11

The minutes of meeting of the Committee shall include the following
particulars:
1. Subject of procurement
2. Meeting number
3. Time of meeting
4. Location of meeting
5. Name of the chairperson
6. Names of tending members and members who have requested absence
7. Names of attending personnel
8. Names of recording personnel
9. Matters reported and the decisions
10. Matters discussed and the decisions
11. Other business and the decisions
12. Other matters that shall be recorded
The minutes of meeting referred to in the proceeding paragraph shall be
distributed to attending Committee members and be confirmed no later than
the holding of next meeting. The minutes may be revised after reading
according to the decision of the chairperson by request if any omission or
mistake exists. The minutes of the last meeting shall be made and confirmed
by the end of that meeting.

Article 12

When Committee members have different opinions on the decision of meeting,
they may request that their opinions are included into or attached to the
minutes for filing. The Committee shall not reject the request.

Article 13

Unless otherwise required for official use or provided for in the relevant
laws and regulations, the data submitted by suppliers for evaluation shall
be kept confidential by the Committee members and personnel participating
in evaluation. The foregoing shall also apply when the evaluation is over.
The sample or model provided by the winning supplier may be disclosed by the
entity after award of contract. Samples or models provided by the non-winning
suppliers may be returned by the entity after award of contract.

Article 14

A Committee member shall resign or be taken out from Committee if one of the
following circumstances exists:
1. Where he/she or his/her spouse, relatives by blood or by marriage within
two degrees, or family members living together have interests involved therein.
2. Where he/(she or his/(her spouse has or had relationship of employment,
entrusting, or agent with the supplier itself or the responsible personnel
of the supplier currently or within 3 years.
3. Where he/she assumes himself/herself or the entity assumes him/her to be
incapable of conducting the duty fairly; and
4.Other circumstances decided by the Committee due to reasons submitted in
writing by an evaluated supplier who declared that a fair evaluation is not
likely to be conducted by him or her.

Article 14-1

A Committee member is prohibited from participating in tendering, or being a
sub-contractor or a member of a working team of a tenderer for that
procurement from the time the member receives information related to
evaluation. Where there is a breach, the entity shall not award the contract
to such tenderer.

Article 15

The Committee’s evaluation documents of each procurement should be compiled
into files respectively by the procurement staff.

Article 16

This Regulation shall take effect May 27, 1999.
The amendment to this Regulation shall take effect on the date of promulgation.

Note: In case of discrepancies between the Chinese version and this English version, the Chinese version shall prevail.