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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 11:39
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Chapter Law Content

Chapter 1 General principles
Article 1
These regulations are prescribed pursuant to paragraph 2 of Article 22 of the Government Procurement Act (hereinafter referred to as the “Act”).
Article 2
An entity shall conduct the selection of technical service providers publicly and objectively referred to in subparagraph 9 of paragraph 1 of Article 22 of the Act. Where the value of the service fees reaches the threshold for publication, the provisions of these regulations shall apply to the method for the selection of providers and the calculation of service fees.
Article 3
The term "technical services" referred to in these regulations means the technical services related to feasibility research, planning, designing, supervision or professional construction management ,or other services provided by engineering consulting firms, professional engineering offices, architect offices, professional engineering consulting firms and any other natural persons or legal persons that may provide such services according to the other laws.
The technical services that shall be provided by licensed professionals and technologists or legal organizations according to the laws referred to in the preceding paragraph, shall not be provided by other persons or organizations.
Article 4
Following is a list of feasibility research that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider for the provision thereof.
1. Research and formulation of the outline of the plan
2. Preliminary examination and investigation of jobsite.
3. Data search of relief map of nearby the jobsite, surveying, geology exploration, soil investigation and testing, hydrological and meteorological survey and investigation, material etc., and other investigations, tests and measurements.
4. Investigation and research in respect of urban plan or regional plan.
5. Research and analysis on the demand of the plan.
6. Analysis, organization and evaluation of the data related to the plan.
7. Drafting and comparison evaluation of the proposals.
8. Preliminary cost estimation and economic efficiency evaluation of the plan.
9. Financial analysis and advice of the plan.
10. Analysis of risk and uncertainty of the plan.
11. Research of the operation and management methods.
12. Preliminary transportation and traffic impact assessment of the plan.
13. Feasibility study report and advice of the plan.
14. Other technical services related to feasibility study prescribed in the tender documentation or contract.
Article 5
Following is a list of planning that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider for the provision thereof.
1. Reconnaissance of construction site.
2. Drawings of construction site location.
3. Reviews and suggestions of feasibility study results.
4. Surveying, geology exploration, soil investigation and testing, drilling exploration and testing, hydrological and meteorological observation and survey, material investigation and testing, model testing and other investigations, tests and measurements.
5. Supplementation, analysis and evaluation of the data related to the project.
6. Transportation planning.
7. Drawings of planning such as the sketch of allocation plans, elevations, plans and symbolic sections.
8. Drafting the work projects such as the preliminary suggestions of design guides, specifications for grading explanation, structure types and construction methods(including the programs and comparisons of special structures), material classifications, points of structures and equipment systems, earthquake resistant and corrosion prevention of structures, construction earthworks, durations of construction projects, preliminary estimate of construction expense.
9. Planning in respect of urban plan and regional plan, etc.
10. The preliminary planning of implementation plans, traffic maintenance plans, monitoring and emergency response, etc.
11. Planning of time-limit for operation and strategies of maintenance management.
12. Planning reports.
13. Other technical services related to planning prescribed in the tender documentation or contract.
Article 6
Following is a list of design that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider for the provision thereof.
1. Basic design:
a) Planning report and examination and suggestion on the data related to the subject of design.
b) Detailed surveying, detailed geology exploration, drilling exploration and testing that are not conducted and other detailed investigation, testing and inspection prescribed in the contract.
c) Basic design including basic design drawings and written materials:
1.Design drawings for structure and its environment allocation.
2.Basic design drawings, such as plans, elevations, sections and other basic design drawings prescribed in the tender documentation.
3.Design for structure and equipment system.
4.Evaluation and comparison for construction materials.
5.Evaluation and comparison for structure types and construction methods.
6.Evaluation and comparison for special structure.
7.Evaluation report of earthquake resistant strategies.
8.Evaluation report of corrosion prevention of structures.
9.Specification guidelines.
d) Calculation analysis of quantity and review of laws.
e) Formulation of guidelines of detailed design.
f) Construction earthworks plan.
g) Construction planning and preliminary construction procedures scheduling.
h) Cost estimate.
i) Formulation of procurement strategies and principles for separate tendering.
j) Report on basic design.
2. Detailed design:
a) Supplemental surveying, supplemental geology exploration, supplemental drilling exploration and testing that are not conducted and other necessary supplemental investigation and testing.
b) Written materials and drawings of the detailed design:
1.Drawings and written materials of construction, such as allocation plans, plans, elevations, sections, drainage allocation plans, geography bar chars, and so forth.
2.Drawings and written materials of structure, such as structure detailed drawings, structure calculating reports, and so forth.
3.Drawings and written materials of equipment, such as detailed drawings, calculation reports and specifications, etc. of water and electricity facilities, air condition, fire fighting, telecommunication, machinery, control instrumentation, and so forth.
c) Prescribing the specification of construction works or materials.
d) Estimating and prescribing the quantity of the construction or material.
e) Cost analysis and estimation.
f) Formulating the implementation plan and traffic maintenance plan.
g) Prescribing the separate tendering plans and progress of construction.
h) Prescribing the budget and the tender documentation.
3. Substituting to apply for the submission of information for evaluation purpose relating to building license, and drawings for water and electricity facilities, air condition, fire fighting or telecommunication construction.
4. Assistance related matters in handling invitation to tender and award of contract include the following:
a) Assisting in various process of an invitation to tender including attendance in pre-tender meetings, design, public explanation meeting for construction.
b) Assisting in explaining, amending or supplementing the invitation documents.
c) Assisting in the qualification evaluation and enquiry of the tenderers, their sub-contractors and equipment suppliers.
d) Assisting in bid opening, bid evaluating and providing suggestions on award of contract .
e) Assisting in contract signing.
f) Assisting in handling dispute arising from or in the process of invitation to bid, bid evaluation or award of contract.
5. Other technical services related to design prescribed in the tender documentation or contract.
The design referred to in preceding paragraph shall be in conformity to the purposes of saving energy, reduction emission of greenhouse gases, environment protection, saving resources, economic durability, and consider landscape, natural biology, gender friendly environment, and life aesthetics, and friendly environment for users of different genders,the disabled,the elders,the children,etc.
Article 7
Following is a list of Construction supervision that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider for the provision thereof.
1. Plan for construction supervision.
2. Assigning staff to station of the construction site to supervise and investigate on the performance of the contract by the contractor continuously.
3. Evaluation of implementation plan of the construction, estimated scheduling, construction drawings, equipment and material samples, plan of quality Control, plan to catch up progress of the project,extension of the schedules of the contract, and other items submitted for examination and control by the contractor.
4. Evaluation on the qualification of major sub-contractors and equipment manufacturers.
5. Examination and checking of the constructor’s positioning, construction level surveying and other surveying.
6. Supervision and examination on the management of materials and equipments, and quality control by the provider.
7. Supervision on the contractor’s implementation at the construction site works as regards matters of safety, sanitation, maintenance of traffic flow and environmental protection.
8. Evaluation and management on the progress of the contract and estimate of payment based on progress.
9. Coordination and consolidation of interface relevant to the performance of the contract.
10. Suggestions and handling of contract amendment.
11. Supervision on electrical and mechanical equipment testing and trial operation.
12. Evaluation of the construction completion documentation, settlement of detailed list and other settlement prescribed in the contract, etc.
13. Assisting in the acceptance procedures.
14. Assisting in the handling of dispute arising out of the performance of the contract.
15. Other technical services related to Construction supervision prescribed in the tender documentation or contract.
The assigning staff to station of the construction site, staff qualifications, numbers, full-time (or not), duration to station, and the division of responsibilities referred to in the subparagraph 2 of the preceding paragraph, shall be prescribed in the contract.
Architect, engineer or other professional and technical conducting the supervision or supervision certification business matters, shall conduct in person on-site inspection, survey test, preliminary acceptance, acceptance, attending the meeting, etc. in accordance with the laws or contract terms, shall conduct, explain and partially conduct in person .
Article 8
Following is a list of technical services referred to in Articles 4 to 7 that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider by the individual or joint tender for the provision thereof.
1. Research, evaluation and supplement of related professional technical data and report.
2. Evaluation and suggestion on alternative proposal, the feasibility of the design and implementation.
3. Drafting reports and submitting for examinations of each stage of environmental impact assessment and related reports.
4. Drafting reports and submitting for examinations of water and soil conservation plans.
5. Applications for candidate of green building or certification of green building.
6. Evaluation on the drawings, supervision and inspection for special equipment, or supervision on its installation.
7. Training of operational and maintenance staff.
8. Assisting in the procurement of machinery, equipment and parts.
9. Improvement on the technology relevant to manufacture and operation.
10. Evaluation on facility safety.
11. Assisting in equipment operation and operation management.
12. Formulating or examining operational and maintenance manuals.
13. Value engineering analysis.
14. Assisting in the handling of civilian demonstration, salvage from disasters or removing of lines and pipes, etc.
15. Other professional technical services prescribed in the tender documentation or contract.
Article 9
Following is a list of the professional construction management that an entity may, depending on the characteristic of individual procurement and actual needs, entrust a provider for the provision thereof.
1. Enquiry and examination on the study of feasibility:
a) Evaluation on the demand for such plan.
b) Examination on the feasibility study report, environmental impact report and environmental impact assessment report.
c) Evaluation or comparison research on the proposals.
d) Financial analysis and recommendation on the sources of finance.
e) Formulation of the preliminary budget.
f) Formulation of the schedule on the summary progress of the plan.
g) Evaluation and recommendation on the design requirements.
h) Recommendation on the selection of providers for professional services and technical services and the formulation of related documents.
i) Analysis on the acquisition of land and compensation for removal thereon.
j) Evaluation on the sources of required resources.
k) Other professional construction managements relevant to the study of feasibility prescribed in the tender documentation or contract.
2. Enquiry and examination on the planning:
a) Enquiry and examination on drawings of planning, drafting the work projects, etc.
b) Enquiry and examination on Planning in respect of urban plan and regional plan, etc.
c) Enquiry and examination on the guidelines of the design.
d) Enquiry and examination on planning results.
e) Other professional construction managements relevant to planning prescribed in the tender documentation or contract.
3. Consultancy and examination on the design:
a) Examination on the design results, coordination and supervision on the works of various professional services and technical services providers.
b) Recommendation on the selection of materials, equipment system and the schedule of the procurement.
c) Formulation of the overall progress chart of the plan.
d) Management and coordination of the progress of the design.
e) Examination and coordination of the design, specifications(including the specification guidelines) and drawings.
f) Quality control and acceptance check for the design.
g) Recommendation and examination on the feasibility of construction implementation.
h) Audit on the procedure as regards the calculation of service fees for professional and technical service provider.
i) Examination and formulation of budget as regards the tender of construction project and equipment.
j) Recommendation and formulation of tendering strategy and the principles of separate tender, or examinations of separate tender plans.
k) Establishment of document files and information system on construction management.
l) Other professional construction managements relevant to the design prescribed in the tender documentation or contract.
4. Examination and consultancy on invitation to tender and awarding of tender:
a) Preparation and examination of invitation to tender documents.
b) Assistance in the handling of tendering procedure as regards the explaining, clarifying, supplementing or amending the invitation documents.
c) Assistance in the handling of tendering procedure as regards the formulation and examination process on the qualification of providers.
d) Assistance in the examination of invitation documents and the evaluation of tenders.
e) Assistance in the signing of contract.
f) Assistance in the procurement of relevant materials, equipment and parts.
g) Other professional construction managements relevant to invitation to tender and awarding of tender prescribed in the tender documentation or contract prescribed in the tender documentation or contract.
5. Examination and consultancy relating to the supervision of work and the management of contract performance:
a) Coordination and consolidation of the interface of various work items.
b) Examination or audit of implementation plan, qualify control plan, estimated schedule, work drawings, sample of materials and equipment and other materials submitted for examination.
c) Examination and audit on the qualification of major sub-contractors and equipment manufacturers.
d) Supervision or audit on the management of quality control of work.
e) Supervision or audit on the health and safety, maintenance of traffic and environmental protection at the construction site.
f) Examination, analysis, supervision and improving suggestions on the work schedule.
g) Recommendation and handling of changes in the contract.
h) Examination and evaluation on claims and disputes over the contract, excluding to be the legal representative.
i) Examination or audit of information on settlement.
j) Examination or audit on the drawing of the completed work and the information on settlement.
k) Supervision and recommendation on the testing of drainage, electrical, piping and all kinds of equipment and trial operation.
l) Assistance in the handling of acceptance and transfer of the project.
m) Training of operation and maintenance staff of equipment.
n) Examination or formulation of maintenance or operational manuals.
o) Evaluation on the drawings, supervision and inspection for special equipment, or supervision on its installation.
p) Compilation, evaluation and supplementation of relevant materials of the plan.
q) Other professional construction managements relevant to the construction supervision and management of the performance of the contract prescribed in the tender documentation or contract.
An entity entrusting a provider to conduct the construction management may, in addition to the matters provided in the preceding paragraph, and depending on the nature of the construction and its practical needs, integrally entrust to such provider, the construction supervision referred to in paragraph 1 of the Article 7, and matters referred to in subparagraph 5 of the preceding paragraph excluding duplicate entrusting and conflict of interest situation.
Article 10
Where an entity, due to insufficient professional staff or ability, requires providers to contract for the professional construction management services referred to in the preceding Article, shall first prepare a plan, stating the following items, and implement it after the budget approval procedure:
1. The special characteristics of the plan and the degree of difficulty in its implementation.
2. The reason why professional construction management has to be entrusted.
3. The matters to be entrusted and a general estimate on the required expenses.
4. The qualification of the provider and the evaluation items.
5. The expected benefits by entrusting the professional construction management.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)