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英譯法規內容

法規名稱(Title) Regulations Governing the Organization and Operation of the Working and Evaluation Group of Procurement by Entities Ch
公發布日(Date) 2020.07.15
法規沿革(Legislative) 1. Promulgated on November 22, 2019.
2. Last Amended on July 15, 2020.
法規內文(Content) Article 1
These regulations are prescribed pursuant to paragraph 3 of
Article 11-1 of the Government Procurement Act (hereinafter
referred to as the “Act”).

Article 2
In conducting a large procurement of construction, an entity
shall establish a working and evaluation group (hereinafter
referred to as the “Group”). The duties of the Group are
as follows:
1.assisting in reviewing the scope of procurement, expenditure,
strategies of procurement, tender documentations, etc.;
2.providing consultations on matters of procurement.

Article 3
The Group, organized by the characteristics of the procurement
and actual needs, shall be at least 5 members, one of whom is
a chairperson, who is the head of the entity or the head of a
first-tier department or above within the entity, and the
chairperson shall manage all evaluation and consultation
matters. There shall be a deputy chairperson to assist the
chairperson to handle evaluation and consultation matters.
The deputy chairperson and the other members of the Group shall
be appointed or recruited from the entity or other entities
by their professional capabilities. Whenever it is necessary,
members of the Group may be changed by the entity by adding,
deducting, or replacing.
The Group shall be dissolved once the evaluation and consultation
works are completed and no pending matters to be resolved.

Article 4
When establishing the Group, the entity shall appoint at least
3 staff members to prepare meeting materials for evaluation
and consultation matters, apply for approval, notify
the members for group meeting, take the meeting record, etc.
at the establishment time of the Group. At least one of the
staff members shall have the qualification of professional
procurement personnel. However, if the task is simple, the
number of the staff members may be less
than 3.

Article 5
The chairperson shall convene the Group meeting and take the
chair. If the chairperson is unable to attend the meeting or
the position is vacated for cause, the deputy chairperson
shall act in chairperson’s stead.
The Group meeting requires the attendance of not less than
half of the total members.
The Group may invite the personnel from other relevant
entities, scholars or experts to attend the meeting in
assisting evaluation and providing consultation on matters
related to the procurement if required, and may also inform
its comptroller (accounting) and anti-corruption unit to
attend the meeting as nonvoting members and give advice
depending on their duty .
The Group members and the personnel attending the meeting
shall be acting without pay.

Article 6
The Group members shall attend meetings in person.
Requesting others to attend in his/her stead is not
allowed.
Where the Group members conduct the evaluation and
consultation matters in Article 2, they shall observe
the principle of protecting public interests, fairness
and reasonableness, and may require the staff members
to explain relevant facts, the point in dispute, and
laws and regulations.
The Group members shall keep matters in confidential in
accordance with the laws and regulations; the same shall
also apply to attendees and staff members.
The Group may, depending on the nature of the case, have
evaluation items and the work divided for each member at
the decision of the chairperson or the Group meeting.

Article 7
The Group members and the attendees shall withdraw
themselves from a procurement and all related matters
thereof if they are in any of the circumstances provided
in paragraph 2 of Article 15 of the Act or Article 14 of
the Regulations For Review by Procurement Evaluation Committee.
Upon finding that, the entity shall order such personnel to
withdraw. The same shall apply to the staff members.
The Group members, the attendees, and the staff members are
prohibited from participating in tendering, being awarded or
sub-contracted, or assisting the tenderers in the procurement
related to their evaluation and consultation; the same shall
also apply to the suppliers they served. Where there is a
breach,the entity shall not award the contract to such
tenderer.

Article 8
These regulations shall apply mutatis mutandis to a procurement
of property, service, or non-large construction, when the
procuring entity decides that it is necessary to establish a
working and evaluation group, and at the entity’s discretion
basing upon the characteristics of the procurement and actual
needs.

Article 8-1
Where an entity establishes a working and evaluation group of
procurement pursuant to paragraph 3 of Article 101 of the Act,
its organization and operating procedures may refer to the
provisions of Article 3 to paragraph 1 of Article 7. However,
the organization of its members is preferred to include at least
one person appointed from outside the entity, and at least one
external member should attend the meetings.

Article 9
These regulations shall take effect on the date of promulgation.