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Title: Regulation of Qualification Restriction and Evaluation of Suppliers for Government Procurement Related to National Security Ch
Date: 2019.11.20
Legislative: Promulgated on November 20, 2019.

Article 1
This Regulation is prescribed pursuant to paragraph 4 of Article
17 of the Government Procurement Act.
Article 2
In conducting a procurement related to national security, where
it is not subject to any treaties or agreements to which this
nation is a party, an entity may prescribe qualification

restriction for domestic or foreign suppliers in the tender
documentation. Where the procurement is subject to any treaties
or agreements to which this nation is a party, and may be

exempted form application in accordance therewith, an entity may

prescribe such restriction in the tender documentation. The same

shall also apply to subcontractors.
Where an entity prescribes qualification restriction in

accordance with the preceding paragraph, the requesting, using or

procuring unit of the entity shall provide the reason and

necessity for such restriction, and report it to the head of the

entity or the personnel authorized by the head for approval.
Article 3
Where an entity prescribes qualification restriction in

accordance with the preceding article, the entity may, based upon

the characteristics of the procurement and actual needs, select

the restriction from the following:
1.the nationality of a supplier or the laws on which a supplier

is based for establishment and registration;
2.the nationalities of authorized representative, directors,

supervisors, managers, or shareholders holding more than ten
percent of the total number of shares or the total amount of
capital stock of a supplier;
3.the financial sources and the ratio restriction thereof;
4.any other requirements as prescribed in laws and regulations or
as determined by the responsible entity.
Where the entity prescribes restriction in accordance with the

preceding paragraph, the entity shall also prescribe the

certification document to be submitted in tender by the

Article 4
An entity shall prescribe in the tender documentation that in
case of any change of the content of certification document

referred to in paragraph 2 of the proceeding article after

submission of the tender, the tenderer shall take the initiative

to notify the entity and provide the amended certification

document to the entity for evaluation. In case that such change

is inconsistent with the requirement of the tender documentation,

the entity shall not award the contract to the tenderer.
An entity may prescribe in a contract that when any of the

circumstance of qualification restriction specified in the tender

documentation occurs to the winning tenderer after award, the

contract may be terminated or rescinded, and the entity may claim

for damages against the tenderer.
Article 5
In the event of any questions to the prescription of qualification

restriction or evaluation of certification document provided by

the suppliers under this Regulation, an entity may referred them

to the relevant competent authorities for their opinions.
Article 6
This Regulation shall take effect on the date of promulgation.

Data Source:Public Construction Commission, Executive Yuan Laws and Regulations Retrieving System