An entity conducting public dissemination, sale or public viewing of the tender documentation by use of the information system designated by the responsible entity may elect not to prepare additional written documentation.
Where an entity permits a supplier to use an electronic means to acquire the tender documentation (hereinafter referred to as “electronic acquirement of tender documentation”) or to submit a tender (hereinafter referred to as “electronic submission of tender”), it shall be prescribed in the notice of invitation to tender and the tender documentation.

The electronic tender documentation may be provided by an entity to suppliers by charging a fee to cover necessary costs and expenses, and the amount of the fee shall be determined by the procuring entity. Where there are additional written documents, the fee charged for the electronic tender documentation shall not be higher than that of the written documents.

An entity’s electronic tender documentation may not be reproduced, published or modified in any form, except where permission of the procuring entity has been granted.

An entity may convert a portion or whole of the file of the electronic tender documentation to one or several self-extracted compressed files, and the content of which after decompression shall remain the same as that before compression.

An entity may prescribe in the tender documentation the file format to be used by suppliers in electronic submission of tender or the format by which suppliers may print out the electronic tender documentation for use in preparing their tenders. However, where the file format or printing format adopted by a supplier does not affect reading, recognizing or use, the entity shall not reject it.
The file format or printing format prescribed by an entity referred to in the preceding paragraph shall not restrain competition among suppliers.

Where an entity allows suppliers to adopt electronic submission of tender, the entity may prescribe in the tender documentation that the signing of a contract shall be based on the electronic tender, or that it shall be undertaken within a period after awarding of contract based on written documentation.
The content of the written documentation referred to in the preceding paragraph shall be the same as that of the electronic tender. Where there is a discrepancy between the two, the latter shall prevail.

A supplier adopting electronic submission of tender shall, prior to the time-limit for receipt of tenders, transmit all electronic documentation of its tender to the information system designated by the responsible entity.

For a supplier conducting electronic submission of tender, the bid bond or guarantee bond to be deposited or the guarantee to be provided pursuant to Article 30 or paragraph 2 of Article 37 of the Act may take the form of an electronic bid bond certificate or an electronic guarantee bond certificate issued by a bank.
The format of the certificates referred to in the preceding paragraph shall be disclosed by the responsible entity at a designated information system.

A supplier’s electronic tender shall contain no computer viruses, can be opened normally and shall not affect reading, recognizing or use.

An entity allowing suppliers to adopt electronic submission of tender may conduct electronic opening of tenders and electronic awarding of tender.
The opening of tenders and awarding of tender referred to in the preceding paragraph may be conducted not in public, and the procuring entity may conduct it without notifying tenderers to be present. The monitoring of these proceedings may be conducted by monitoring units based on the written documents pursuant thereto.

The tender documentation and the electronic tender may, where there are any difficulties in handling characters or graphical files, take the form of a scanned electronic documentation instead.
Where an electronic tender contains scanned documentation, the entity may notify the supplier to present written documentation for verification.

During the course of an entity’s procurement, the interactions between the entity and suppliers concerning notification, explanation, price reduction, price competition, negotiation, modification of the original tender and resubmission of price offer may be handled by means of electronic data transmission.

During the course of an entity’s electronic procurement and in the circumstance where the information system designated by the responsible entity is temporarily out of service for some reason, such circumstance shall be handled as follows:
1. at the stage of invitation to tender and price inquiry: the entity shall wait until the system has recovered and then transmit the electronic tender documentation;
2. at the stage of acquirement of the tender documentation: suppliers shall make a request of the tender documentation using other means provided therein, or they shall wait until the system has recovered and then proceed to make electronic acquirement of tender documentation; the entity may, by taking into consideration the extent to which an individual case is affected, publish a notice to extend the time-limit tendering;
3. at the stage of submission of tender: suppliers shall submit their tenders using other means provided by the tender documentation, or they shall wait until the system has recovered and then proceed to conduct electronic submission of tenders; the entity may, by taking into consideration the extent to which an individual case is affected, publish a notice to extend the time-limit tendering;
4. at the stage of opening of tenders: the entity shall wait until the system has recovered and then proceed to open tenders, or it shall defer opening of tenders; an exception of this provision will be given where it is certain that there exists no electronic tender;