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英譯法規內容

法規名稱(Title) Regulation for Selection and Fee Calculation of Social Welfare Service Providers Entrusted by Entities Ch
公發布日(Date) 2019.11.22
法規沿革(Legislative) 1.Promulgated on November 22, 2019.
法規內文(Content)

Article 1
This Regulation is prescribed pursuant to paragraph 3 of
Article 22 of the Government Procurement Act (hereinafter
referred to as the“Act).
Article 2
An entity shall conduct the selection of social welfare
service providers publicly and objectively. Where the
value of the service fee reaches the threshold for
publication, the provisions of these regulations shall
apply to the method for the selection of providers and
the calculation of service fee.
Article 3
The term“social welfare services”referred to in
subparagraph 9 of paragraph 1 of Article 22 of the Act
means services related to social welfare professional
knowledge or skills, including child and youth welfare,
women’s welfare, seniors’ welfare, welfare services for
people with disabilities, family support, public
assistance, social work, voluntary service, domestic
violence prevention, sexual assault prevention, sexual
harassment prevention, long-term care, community
development, and other services related to social welfare.
Article 4
Unless otherwise provided by laws and regulations, an
entity that entrusts a provider for social welfare
service may prescribe in the tender documentation the
following items depending on the characteristic of
individual procurement and
actual needs:

1.Service required and content of the work involved.

2.Qualification requirement and documents to be
submitted by the applying provider.

3.Method and frequency of the service provision.

4.Schedule of work.

5.Qualification requirements, total number and salary
of the staffs providing services.

6.Where the service involves the provision of materials,
facilities, equipments or places, the specifications,
drawings, or requirements related thereto.

7.Where the scope of work and contents of the service
are specified, the criteria of evaluating performance,
inspection and acceptance items and standards.

8.Proposal on the social welfare service that shall be
provided by the provider and the contents thereof, such
as schedule of the main project items, quantity, price,
detailed plan, and so forth.

9. The ownership of the intellectual property right.

10.The ownership and maintenance duties for the places,
facilities, equipments, and properties received.

11.Items for evaluation, evaluation criteria and selection
methods.

12.Methods of price negotiation and contract award with
regard to the winning provider.

13.Methods for the calculation and payment of fees.

14. Model instructions to tenders and contract terms.

15.Where the provider is required to present briefing
during selection, the procedures that shall be followed.

16. Budget or estimate amount.

17. Any other necessary matters.

Unless otherwise provided by laws and regulations, salary
of the staffs under subparagraph 5 of the preceding
paragraph shall be a fixed price or no less than a
certain amount specified in the tender documentation.

Article 5
Unless otherwise provided by laws and regulations, issues regarding the evaluation items referred to in subparagraph 11 of paragraph 1 of the preceding Article may include the following depending on the characteristic of individual procurement and actual needs: 
1.The qualification of provider on professional manpower,
experience or performance record.
2. The places, facilities and equipments for providing
service.
3. The experience and capability of the project manager
and major staffs involved in the project.
4.The implementation method of the project.
5. The capability of fulfilling the contract.
6. The price.
7. The completeness and feasibility of the proposal, and
the level of understanding of the service items.

8. Any other necessary matters.

Article 6

For the selection of a provider by entity which publicly
invites providers to tender for the provision of social
welfare services, and where the tender documentation has
prescribed the qualification requirements of the provider,
the entity shall
first assess the qualification of the
provider. Unless the qualification of the provider fulfills
the requirements prescribed in the tender documentation,
the evaluation process for the provider shall cease to
proceed further.

The entity shall notify the provider the result of its
evaluation and shall state reasons of rejection to
providers that have not been selected.

Article 7 

The number of winning providers selected by the
procurement evaluation committee may be more than one.

The relevant regulations for selection of the most
advantageous tender of the Act shall apply mutatis mutandis
to the selection procedures referred to in the preceding
paragraph.

Article 8
The price negotiation andcontract award between the entity
and the winning
provider shall be conducted by the
following methods, and the method adopted shall be stated
in the tender documentation:

1. Where only one winning provider is selected, price
negotiation shall befollowed.

2. Where two or more winning providers are selected,
price negotiation shall be conducted in a sequence
according to the ranking of the winning providers,
commencing from the provider which attains the first
ranking. In the event where two or more providers are of
the same ranking, the provider which attains a higher
score on the evaluation item
that has been assigned the
largest share of potential points shall have priority in
the price negotiation; however, when there are more than
two items that has been assigned the same potential points
of large share, the supplier that attains a higher summed
score of the evaluation items
shall have priority in the
price negotiation. If the score is still equal of each
supplier, the winning supplier
shall be determined by
drawing lots.

Article 9
The award of contract referred to in the preceding Article
shall be handled in accordance with one of the following
methods:
1.Where the tender
documentation has stated a fixed price
or rate for the service fee, the contract shall be awarded
according to the fixed price or rate.

2.Where the tender documentation has not stated a fixed
price or rate for services fee, paragraph 2 of Article 53
and Article 54 of the Act shall apply to the award of
contract in excess of the government estimate or
nullification of tenders.

Where the entity set a government estate mentioned in
subparagraph 2 of the preceding paragraph pursuant to the
provision of Article 46 of the Act, and the tender price
of a supplier participating in price negotiation is
reasonable and within the budget amount, the entity
may set the government estimate in accordance with the
tender price, and award the contract at the tender price.

Where the tender documentation has stated a fixed price
or rate for the service fee, the entity may still prescribe
that some of it be paid by the price specified in the
contract, some of it be paid by work item and
quantity
actually done or supplied.

Article 10

Where an entity entrusts a provider for its social welfare
service, the calculation of
service fee shall, according
to the type, nature, scale, scope of work, duration of the
work, and so forth, be selected among the following methods
and shall prescribe explicitly in the contract the chosen
method:
1.Payment by total price or unit price.
2.Monthly, daily or hourly payment.
The service fee calculated according to the methods
referred to in the preceding paragraph shall be evaluated
and approved by taking into account the fee generally
charged. Where additional fees are to be paid after
approval, the coverage of the items and amount of such
fees shall be stated clearly in the contract.
Article 11
For the service fee calculated by total price or unit
price, the service fee may include the following:
1.Direct salary or wage of staff: this includes the actual
salary or wage payable to the staff directly, plus a
certain percentage of the above amount for fees incurred
that are related to the staff for paid leaves and special
day-off; bonuses paid not on a regular basis; those which
shall be paid by employers by law such as: labor insurance
premium, the arrear wage payment fund premium, national
health insurance premium, and labor pension; and
after-hour work and other relevant fees.
2.Business expense: this includes the costs incurred during
the process of implementing the entrusted project, such as
the cost or fees of business travel, temporary remuneration,
attendance of experts and scholars, speeches
and lectures,
outside supervision
, trainings, meals, transportation,
venue rental and arrangement, printing, translation, data
collection,
teaching materials or materials, writing,
usage of intellectual property rights, office expenditure
,
bills for water, electricity, heater and air-conditioner,
maintenance and replacement on furniture, machinery,
equipment, etc.
, depreciation or rental of movables and
real estate, cost of mail and telephone, promotion, cost
incurred for attending professional conference domestically
or internationall
y held, research cost or professional
communication cost for special business purpose, patent,
software or hardware for computers and related taxes,
certification fees by law, certification fees by the
accountant, and so forth.

3.Planning fee or repair expense of service place.

4.Management fee: this includes the costs incurred
during the process of implementing the entrusted project,
such as the cost or fees of the salary or wage and
pension of management and administrative personnel which
provides services indirectly, insurance premium

administrative expense, cost incurred in the preparation
for commencing and ending of work, profit, risks,

various related taxes, and so on.

5. Business tax.

6. Other fees as determined by the entity.

Where an entity conducts social welfare service procurement,
otherwise and the contract performance is in conformity
with the contract, the entity shall make payment according
to the invoice or receipt issued by the provider.

Article 12

The salary or wages payable for the service fee with the
method of monthly, daily or hourly payment may be
calculated according to one of the following methods.Fees
apart from salary or wage may be calculated and paid
additionally:
1.The amount of monthly payment is calculated according to
the monthly salary rates of the staffs specified in the
contract.
2.The amount of daily payment is calculated according to
the daily wage rates of the staffs specified in the
contract.
3.The amount of hourly payment is calculated according to
the hourly wage rates of the staffs specified in the
contract.
Article 13
Where there is a fixed price under paragraph 2 of Article
4, an entity shall not request the tenderer to reduce its
tender price in the price negotiation.
During the period of contract performance, if there is any
revision to the qualification or salary framework of
service provider from each category of personnel, the
supplier shall submit a revised price composition to the
entity for review, covering the requisite capability of
timely contract performance is not less than the
requirement of the contract.
Article 14
Where an entity entrusts a provider to provide social
welfare service, and the provide is responsible for the
maintenance and insurance of the venues, facilities and
equipment provided by the entity, the latter shall enlist
the relevant expenses reasonably.
Where the cost of maintenance, replacement, and insurance
of the above venues, facilities and equipment is hard to
estimate, an entity may state in the contract that the
entity shall pay the actual amount upon verification, the
cap amount and the handling procedures when such cost
exceeds the cap, or procure by another procurement.
Article 15
An entity that entrusts a provider to provide social
welfare service, may state in the tender documentation
that the provider may be awarded incentive fee for
delivering service at better efficiency.
The amount payable referred to in the preceding paragraph
shall not exceed 10% of the total contract price or 10% of
the cap amount of the contract price.
Article 16

The contract may prescribe that the provider shall be
entitled to receive a partial payment of service fee in
advance after signing the contract depending on the
characteristic of individual procurement and actual needs
.
The remaining fee is payable monthly or by installments.
The amount and conditions of each payment shall be clearly
stated in the contract.

In principle, the advance fee referred to in the preceding
paragraph shall not exceed 30% of the total contract price
or 30% of the estimated cap of the total price payable, and
shall prescribe the circumstances to return the advance fee
and handling method in case that the advance fee cannot be
returned. Where the contract period is more than  one year,
the
aforementioned total contract price or the estimated
cap of the total price payable shall be calculated by the
fee of each year.
 

Article 17

Where the contract period is longer than a year, the entity
that entrusts a provider for social welfare service may
prescribe in the contract that the contract price may be
adjusted starting from the second year according to a
given
price index, applicable adjusting items, adjusting
method, and the cap amount of adjustment.

Article 18

An entity that entrusts a provider for social welfare
service shall state in the tender documentation the
ownership of any intellectual property rights derived from
the work of the service provided by the provider, and the
legal obligation of the provider to handle and become
responsible for matters that involve the infringement of
rights of a third party.
The entity may acquire the rights referred to in the
preceding paragraph, in part or in whole, or be
authorized to exercise such rights, according to the needs
of the entity.

Article 19

Where it is necessary for an entity to alter part of the
content of the entrusted service, the entity may adjust
the service fee and the contract period according to the
changes on the service items and the quantity.
If an entity requests the supplier to execute additional
work other than those covered in the contract, an
additional fee shall be determined by negotiation between
the entity and the supplier.
Article 20
These regulations may apply mutatis mutandis to a tender
where an entity entrusts a provider for social welfare
service not in accordance with subparagraph 9 of
paragraph 1 of Article 22 of the Act.
Article 21
These regulations shall take effect on the date of
promulgation.