This Enforcement Rules is prescribed pursuant to Article 113 of the Government Procurement Act (hereinafter referred to as the "Act").

A juridical person or organization taking from an entity a grant which meets the requirement set out in paragraph 1 of Article 4 of the Act shall be supervised by the entity when conducting tender opening, price competition under restricted tender, price negotiation under single tendering, contract awarding, and inspection and acceptance.
The procurement matters to be performed by a superior entity pursuant to the Act and this Enforcement Rules referred to in the preceding paragraph shall be conducted by the supervising entity prescribed in paragraph 1 of Article 4 of the Act.

In the event that a procurement conducted by a juridical person or organization is granted by two or more entities, the amount of the grant prescribed in paragraph 1 of Article 4 of the Act shall be the total amount of each grant. Where the total amount meets the requirement set out in paragraph 1 of Article 4 of the Act, the grantee shall notify each grantor, and shall be supervised jointly by each granting entity or by an entity appointed by the granting entities.
The term "which takes a grant from an entity shall conduct a procurement" referred to paragraph 1 of Article 4 of the Act includes the procurement conducted by a juridical person or organization by accepting rewards or donations from an entity, or by spending the budget of an entity through other similar means.
A complaint for the procurement conducted pursuant to paragraph 1 of Article 4 of the Act shall be filed with the same Complaint Review Board of Government Procurement (hereinafter referred to as CRBGP) as that accepts a complaint for the procurement conducted by the granting entity. Where the circumstance set forth in paragraph 1 occurs, the CRBGP shall be the one which applies to either the appointed entity or the entity that takes the highest percentage of the grant.

Where an entity entrusts a juridical person or organization to conduct its procurement in accordance with paragraph 1 of Article 5 of the Act, the entrusting itself is a procurement of service. The juridical person or organization entrusted by an entity shall have personnel who are familiar with the laws and regulations of government procurement.
Where a juridical person or organization is entrusted to conduct a procurement for an entity, it and its employees and affiliated enterprises shall not participate in tendering or as a sub-contractor.

Where the procuring entity is a public school or government-owned enterprise, the term "superior entity" referred to in paragraph 2 of Article 9 of the Act shall be the government agency to which the school or enterprise belongs.
The term "no superior entity above the procuring entity" referred to in paragraph 2 of Article 9 of the Act means the National Assembly, the Office of the President, the National Security Council, the five Yuans, and the first tier entities of each Yuan at the central government level, and the municipal and county (city) governments and councils at the local government level.

The responsible entity may appoint other agencies to handle the matters according to the Government Procurement 10 paragraph 2 of interpreting government procurement laws and regulations, 10 paragraph 3~8 of the Act, if necessary.

A procuring entity shall, before tendering, determine whether a procurement is of a value reaching the threshold for large procurement, supervision or publication, or is a small procurement by the procurement value which is calculated on the following means:
1. Where it is a divided procurement, the total budget of each divided procurement shall be deemed as if undivided.
2. Where a multiple award is adopted in accordance with subparagraph 4 of paragraph 1 of Article 52 of the Act, the total budget amount of each item or quantity shall govern, except that in the event of different subject of procurement among such items, the budget amount of an individual item shall govern.
3. Where there are optional items or follow-up extension of existing items in a tender documentation, the estimated value of such items shall be included.
4. Where a procurement is conducted before an appropriation bill is legalized, the estimated value of the procurement shall govern.
5. Where an award is made by unit price, the estimated total procurement value shall govern.
6. Where it is a lease or rental procurement with indefinite period, the monthly installment multiplied by 48 shall govern.
7. Where an investor is selected to construct or operate a project pursuant to Article 99 of the Act, the estimated value of construction or operation shall govern. The same shall also apply to the entrustment of business operation management provided for in paragraph 3 of Article 7 of the Act, where the value of construction or operation is included.
8. Where an entity establishes a permanent list of qualified suppliers pursuant to paragraph 1 of Article 21 of the Act, the estimated total procurement value within the duration of the list shall govern in the phase of conducting qualification evaluation in advance; the budget amount of each recurring procurement shall govern in the phase of inviting qualified suppliers to participate in tendering of the recurring one.
9. Where a tender documentation prescribes that the tender price include expenditures and revenues of the entity, the amount of expenditures shall govern.
10. Where the entity provides property or rights to the supplier for usage, in exchange of a return without expenditures from the entity, the value of use of the property or rights shall govern.

For a procurement of a value reaching the threshold for supervision, an entity shall, at least 5 days prior to the time-limit for receiving tenders or documents, submit budget data, tender documentation, and relevant documents to its superior entity, and request the same to send representative(s) to monitor proceedings conducted by the entity.
Where a re-tendering is conducted since less than three tenders have been received, or where a procurement has been declared nullified or cancelled, the time period for requesting the superior entity to send representative(s) to monitor proceedings referred to in the preceding paragraph may be shortened and the documents referred to in the preceding paragraph may be waived for re-submission.

In the event that the awarding of a procurement contract of a value reaching the threshold for supervision is not made concurrently with tender opening, price competition under restricted tendering, or price negotiation under single tendering, an entity shall, at least 3 days prior to the scheduled date of award, submit the outcome of tender evaluation to its superior entity, and request the same to send representative(s) to monitor proceedings conducted by the entity.
Where the contract awarding referred to in the preceding paragraph is made concurrently with tender opening, price competition under restricted tendering, or price negotiation under single tendering, the outcome of tender evaluation shall be verified and recorded on the spot before the contract is awarded .

For a procurement of a value reaching the threshold for supervision, an entity shall, at least 5 days prior to the scheduled date of inspection and acceptance, submit a list of settlement and acceptance and relevant documents to its superior entity, and request the same to send representative(s) to monitor proceedings conducted by the entity, except that the submission of the list and documents may be waived provided that they are submitted with the certificate of settlement and acceptance.
For the inspection and acceptance of a product, an entity may, based upon the actual needs and reasons, request the superior entity in writing for an approval of proceeding without the superior entity's monitoring under the circumstances where the entity deems that it is difficult to request the superior entity to send representative(s) to monitor, such as partial delivery, immediate usage for urgent needs or unavailability of the actual quantity before completion of unpacking or installation. If the request is approved , the entity shall submit the list of settlement and acceptance and relevant documents to the superior entity for filing within one month after completion of inspection and acceptance.

For a procurement of a value reaching the threshold for supervision, a superior entity may, taking into account the value, place or other special circumstances of the procurement, decide whether it should send representative(s) to monitor tender opening, price competition under restricted tendering, price negotiation under single tendering, contract awarding, and inspection and acceptance. Where the superior entity decides not to send representative(s) to monitor the proceedings, it shall, in advance, notify the entity to conduct the procurement by itself in accordance with the laws.

The term "monitor" referred to in paragraph 1 of Articles 12 of the Act means that the proceedings of tender opening, price competition under restricted tendering, price negotiation under single tendering, contract awarding, and inspection and acceptance conducted by an entity shall be watched over in person or reviewed in writing by the procurement supervision personnel to see whether there are any irregularities against the Act. The prior approval from the head of the procuring entity or the personnel authorized by the head is required when the procurement supervision personnel choose to review the proceedings in writing.
The monitoring referred to in the preceding paragraph does not include the review of substantive or technical matters involving the qualifications of tenderers, specifications, commercial terms, setting of government estimates, conditions of contract award, methods of inspection, etc. However, procurement supervision personnel may propose their opinions when finding any of the foregoing matters is in breach of laws and regulations.
Where the chairperson or chief inspector of the procurement rejects the opinions proposed by a procurement supervision personnel for a procurement inconsistent with the proceeding requirements of the Act, the opinions proposed by procurement supervision personnel shall be recorded and reported to the head of the procuring entity or the personnel authorized by the head for decision. In the event that the opinions proposed by the procurement supervision personnel from superior entity are rejected, the rejection of such opinions shall be reported to the superior entity for approval.

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The term "circumvent the application of this Act by dividing any procurement requirement" referred to in Article 14 of the Act does not apply to the circumstances of conducting procurements separately due to differences in the subjects of procurement, the places of construction or delivery, the conditions of needs, and the professional areas of the supplier's line of business.
In cases where an entity divides a procurement of a value reaching the threshold for publication and such division has been indicated in the legalized appropriation bill, the requirement of prior approval from its superior entity may be waived.

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The term "entreating or lobbying" referred to in Article 16 of the Act means raising the following requests toward a procurement without following legal procedures:
1. a request raised prior to tender solicitation for matters related to a planned procurement;
2. a request raised after tender solicitation for the purpose of alternating the content of tender documentation, or the outcome of tender evaluation or award of contract; or
3. a request raised during contract performance period and inspection and acceptance period for the purpose of alternating the content of contract, or the outcome of inspection or acceptance.

The term "to be recorded" referred to in paragraph 1 of Article 16 of the Act means a record which may be provided in writing, audio recording or other means, and be kept filing with procurement documents. The same shall also apply to the entreating or lobbying in writing.

Unless otherwise provided for in the Act, a notification provided to a supplier by an entity pursuant to the Act may be in oral, by facsimile transmission, or by other means of electronic data transmission.
The oral notification referred to in the preceding paragraph may be recorded if necessary.