This Regulations are prescribed pursuant to Paragraph 2 of Article 22 of the Government Procurement Act (hereinafter referred to as the "Act").
Where it is pursuant to subparagraph 14 of paragraph 1 of Article 22 of Act and its expense reaches the threshold for publication, an entity invites or entrusts a professional person, institution or organization of culture or art concern who has the characteristics or specialties required or has been screened as a winner by open notice (hereinafter referred to as the "art-culture services") to perform, join in culture or art activities or provide cultural and creative services, it shall operate in accordance with this Regulations.
A professional person, institution or organization of culture or art concern (hereinafter referred to as the "art-culture supplier") referred to in subparagraph 14 of paragraph 1 of Article 22 of the Act means a person, juridical person, institution or organization that operates, engages in one of the businesses set out in each subparagraph in Paragraph 2 of Article 3 of the “Culture and the Arts Reward and Promotion Act” or industries set out in paragraph 1 of Article 3 of the “Development of the Cultural and Creative Industries Act” and has professional knowledge, capability, achievement, or art technique.
Under any of the following circumstances, an entity may conduct an art-culture service procurement without being screened by open invitation procedures:
1.The entity shall give a detailed account of the names, professional characteristics or specialties of invitees or entrustees, and the reasons of without being screened by open invitation procedures, then report it to the head of the entity or the personnel authorized by the head for approval.
2.The entity stationed abroad conducts, upon the approval by the head of the entity or the personnel authorized by the head, cultural exchange activities and related cooperation projects in accordance with treaties, agreements, or written consents, covenants, memorandums of understanding, exchanges of letter, notes, protocols, etc.
In conducting a large procurement of art-culture service without being screened by open invitation procedures, an entity shall invite two personnel of the entity and seven scholars or experts in the field of culture or art to convene evaluation meetings, upon the attendance of not less than two-thirds of the members and the assent of not less than two-thirds of the attendees, and subject to the approval of the head of the entity or the personnel authorized by the head.
In order to understand the professional characteristics or specialties of art-culture supplier, the entity may publicly solicit the relevant information of art-culture supplier, and the expenses of providing art or cultural services on the Government Procurement Gazette or the information network of the responsible entity.
The art-culture supplier may also voluntarily provide the information referred to in the preceding paragraph and their relevant expenses to the entity as a reference for invitation or entrustment.
In conducting an art-culture service procurement, the entity shall meet the following requirements if the screening procedure by open notice is adopted.
1.Public notice shall be published on the Government Procurement Gazette. The provision of Article 7 of the Regulations for Publication of Tender Notice and Issuance of Government Procurement Gazette shall apply mutatis mutandis to items specified in the public notice.
2.The contents of the tender documentation shall incorporate the considerations of the procurement characteristics and actual needs of the art-culture service, and may consult with the art-culture supplier if necessary.
3.The screening items, the screening criteria and the way to evaluate a winner shall be specified in the tender documentation.
4.The screening committee shall be established to conduct review. The committee members shall be staff of the entity or impartial personnel who have professional knowledge on culture and arts and are appointed or invited by the head of the entity or the personnel authorized by the head.
5.The screening committee shall have at least five members and the committee decision requires that not less than 50% of the total number of members is in attendance with assent of not less than 50% of attendees.
6.The time for setting the government estimate referred to in paragraph 2 of Article 46 of the Act shall apply mutatis mutandis to the time for establishing the screening committee.
7.The entity may substitute the screening committee referred to in the preceding subparagraph by the evaluation committee established in accordance with Article 94 of the Act.
8.Price negotiation and the executing of contract shall be conducted after the screening to select the winner.
9.Where there is no government estimate, the screening committee shall review the relevant expense and may recommend an amount for procurement.
If there is only one art-culture supplier to participate in tendering after public notice referred to in the preceding paragraph, the screening may still be preceded.
In conducting an art-culture service procurement, the provisions of Articles 4 to 9 of the Regulations for Selection and Fee Calculation of Professional Services Providers Entrusted by Entities shall apply mutatis mutandis to items that shall be specified in the tender documentation, the screening matters to be, the screening procedure, the number of winners, operation of screening, price negotiation, and contract award.
In conducting an art-culture procurement, the provisions of Articles 10 to 18 of the Regulations for Selection and Fee Calculation of Professional Services Providers Entrusted by Entities shall apply mutatis mutandis to the handling of service fee and intellectual property right.
For an art-culture service procurement, the bid bond or guarantee bond shall, in principle, be waived.
The provisions of this Regulations may apply mutatis mutandis to the art-culture service procurement of a value not reaching the threshold for publication, where it is not conducted in accordance with subparagraph 14 of paragraph 1 of Article 22 of the Act.
This Regulations 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.