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英譯法規內容

法規名稱(Title) Regulations Governing the Organization of Procurement Evaluation Committee Ch
公發布日(Date) 2019.11.06
法規沿革(Legislative) 1. Promulgated on May 21, 1999
2. Amended on September 28, 1999
3. Amended on June 20, 2001
4. Amended on June 25, 2003
5. Amended on October 27, 2004
6. Amended on July 13, 2005
7. Amended on July 20, 2007
8. Amended on May 12, 2010
9. Amended on August 8, 2018
10. Last Amended 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 entity shall establish a procurement evaluation committee (hereinafter
referred to as the "Committee") for respective procurement to handle the
following matters:
1. Selecting a winner pursuant to subparagraphs 9 or 10 of paragraph 1 of
Article 22 of the Act.
2. Selecting the most advantageous tender or recommending the most
advantageous tender to the head of the entity pursuant to Article 56 of the
Act.

Article 3

The Committee shall be established prior to invitation to tender and shall
be dissolved once the evaluation work is completed and no pending matters to
be resolved. The Committee's duties are:
1. Setting or approving the evaluation items, the evaluation criteria, and
the evaluation method set forth in the tender documentation.
2. Conducting the evaluation of suppliers.
3. Assisting the entity in explaining matters in relation to the evaluation
criteria, the evaluation process, or the result of evaluation.
The evaluation items, the evaluation criteria, and the evaluation method
referred to in the subparagraph 1 of the proceeding paragraph may be set or
approved by the entity without having to establish the Committee prior to
invitation to tender if there exists any precedent or that the conditions are
relatively simple. However, the Committee shall nevertheless be established
prior to the opening of tender.

Article 4

The Committee shall be not less than 5  members with relevant professional
knowledge on procurement matter, who shall be appointed within or outside
the entity. Among them, at least one third of the total number shall
be experts or scholars.

The experts and scholars referred to in the preceding paragraph shall not
be incumbent staff members of any government agencies.Except for the
aforementioned experts and scholars, other Committee members may be
incumbent staff members of the entity, and may include those from other
enties.

The members referred to in paragraph 1 shall be acting without pay,
provided that members who are overseas experts or scholars may be paid
in accordance with relevant regulations.

The experts and scholars referred to in paragraph 1 shall be first
proposed by the requesting or procuring unit of an entity from a
recommended list complied by the responsible entity acting together
with the Ministry of Education, the Ministry of Examination and other
relevant entities, or other persons not in the recommended list but
with relevant professional knowledge on procurement matter, and then
approved by the head of the entity or any person authorized by the head.

The recommended list referred to in the preceding paragraph shall be made
public on the Information network by the responsible entity for the
entities’reference.

The Committee member appointed outside the entity shall be subject to
his/her consent.

Article 4-1

The entity shall not select a Committee member in any of the following
circumstances:
1. accepting entreating or lobbying.
2. accepting a self-recommendation.
3. selecting a member for interests of a specific supplier.
4. selecting a member not having relevant professional knowledge of
the procurement.
5. selecting a member who has integrity problems.
6. other circumstances as prescribed by the responsible entity.

Article 5

A person shall not be selected as a Committee member if one of the
following circumstances exists:
1. If he/she had been convicted of corruption or neglect of duty.
2. If he/she had been suspended of citizens rights and the suspension
is still in effect.
3. If he/she is a non-discharged bankrupt.
4. If he/she is a professional and that his/her practicing license has
been suspended or revoked.

Article 6

After the establishment of the Committee, the name list of the Committee
members shall be published immediately on the website designated by the
responsible entity. The same shall also apply as to amendments and
supplements thereto. However, this should not apply when there is a
necessity not to disclose the list at the entities’ discretion upon
taking into consideration of the characteristics of the case and the
actual needs.
If the entity publishes the name list of the Committee members, it shall
be kept confidential before public disclosure. For the unpublished, it
shall be kept confidential prior to the commencement of the evaluation.

Article 7

The Committee shall have a chairperson to manage all evaluation matters,
and a deputy chairperson to assist the chairperson to handle evaluation
matters.
Both chairperson and deputy chairperson are Committee members and will be
appointed by the head of the entity or any person authorized by the head
or selected by and among the members. The chairperson who is the personnel
of the entity shall be the head of departments or above within the entity.
Committee meetings will be called by the chairperson who will serve as the
chairman. If the chairperson is unable to attend meetings or the position
is vacated for cause, the deputy chairperson shall act in his stead.

Article 8

The entity shall establish a working group consisting at least 3 members to
assist the Committee in handling matters in relation to evaluation at the
time when the Committee is established. Members of the working group shall
be appointed by the head of the entity or any person authorized by the head
from personnel of the entity or outside professionals, and at least one of
them shall be a professional procurement personnel.
When the Committee convenes, the personnel of the entity engaging in
handling the evaluation matters shall be present during the whole process,
and personnel from other related entities, scholars or experts may be
invited to attend the meeting to assist in evaluation.
The assisting personnel referred to in the proceeding two paragraphs shall
be acting without pay provided that personnel who are not personnel of the
entity may be paid for attendance or transportation reimbursement in
accordance with relevant regulations.
The provision of Article 14 of the “Regulations for Review by Procurement
Evaluation Committee” shall apply mutatis mutandis to the withdrawal of
the assisting personnel referred to in paragraphs 1 and 2.

Article 9

If the Committee needs to send official documents externally, they shall be
sent in the name of the establishing entity.

Article 10

This Regulations shall take effect May 27, 1999.
The amendment to this Regulations shall take effect on the date of promulgation.
資料來源:行政院公共工程委員會主管法規共用系統