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

Print Time:2024/11/22 11:17
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Chapter Law Content

Chapter II: Procurement
Article 8
The Museum may acquire cultural relics identified in Article 2 from domestic or overseas sources.
Article 9
The cultural relics stated in the above article shall be procured after their quality has been assessed in accordance with the evaluation procedures outlined in Article 4.
Article 10
The procurement of cultural relics shall be done in accordance with the following regulations:
1. The Museum shall require reference materials of the cultural relics from the vendor. The announcement of the Museum’s requirements may be made via the Government e-Procurement System, so that prospective vendors can submit the materials for review. Alternatively, the Museum may invite specific vendors to provide reference materials of the cultural relics in compliance with the Government Procurement Act and in consideration of public interest, procurement efficiency, and professional judgment.
2. After the reference materials of the cultural relics have been received, the staff of the collection departments may, under the Museum’s authorization, contact the prospective vendor to gather information on pricing, method and date of delivery, preferred payment method, and other relevant terms and conditions in advance for use in the preliminary, intermediate, and final evaluations, as well as the procurement process. All materials thus collected from the vendor must be filed for purpose of record keeping.
3. The procurement procedure is as follows:
(1) The vendor shall provide the cultural relics required by the Museum, which should have been approved by the preliminary, intermediate, and final evaluation committees. (2) In cases where the cultural relics are subject to exclusive rights, sources, or irreplaceability, the collection department concerned shall clearly state the specific cultural relic required and the amount of budget, and then file an application for a limited tendering procedure in accordance with the Article 22, Section 1, Clause 2 of the Government Procurement Act.
4. The base price shall be set on a case-by-case basis, taking into account the amount of budget. Pricing shall be agreed upon in accordance with the following regulations:
Base price finalization: (1) The collection department shall assess the price based on the photographic images, specifications, and contract requirements, and the cost, market prices, and past award records of government entities shall be taken into consideration as well. The price shall then be approved by the Director or the representative authorized by the Director. (2) To negotiate limited tendering, the quotation provided by the vendor must be considered before the base price is set. In the case that price reduction is not possible, the price quotation set by the vendor may become the base price. (3) A valuation committee may be formed if necessary. When setting the price, the Director of the Museum or the representative authorized by the Director shall consider the price suggested by the committee.
No base price: (1) In the unusual or complex cases where difficulties forbid, the base price may not be set, but the reason as well as the principles and conditions of the award must be clearly stated in tender-related documents. (2) Except for small-amount purchases, an evaluation committee shall be formed to review the price quoted by the vendor. The committee shall then suggest a fair price, but in cases where the price quoted by the vendor is reasonable and within the scope of the budget, there shall not be a suggested base price. (3) Members of the said evaluation committee shall be appointed or employed by the Director of the Museum or the representative authorized by the Director. Members of the committee shall be selected from the Museum’s professional staff or individual specialists considered to be fair and unbiased, who possess specialized knowledge in the pricing of cultural relics.
5. The price negotiation shall be done in accordance with the following regulations:
(1) The price negotiation process shall be done following the provisions of the Government Procurement Act. It may be conducted in writing, face-to-face, or through electronic communication. (2) In cases where the price quoted by the vendor exceeds the base price and a limitation on the times of price reduction is required, the vendor shall be informed in advance. Price reduction may not be confined to three times. (3) The Museum shall accept the result of the negotiation: the base price or the price suggested by the evaluation committee with which the vendor has agreed in writing to comply, or the price well below the base price or the price suggested by the evaluation committee to which the vendor has agreed in writing to reduce.
6. Participation in open auction bidding shall be done in accordance with the following regulations:
(1) For participation in an international auction, an agent may be appointed following the provisions of the Government Procurement Act. (2) The preliminary, intermediate, and final evaluation committees must have approved the participation in open auction bidding after careful review and consideration of all relevant materials on the cultural relics and the circumstances of the international antiquities auction market. (3) The condition of each open auction bidding, together with the finalized base price and the supervision method, shall be approved by the Director of the Museum or the representative authorized by the Director in accordance with the Article 22, Section 1, Clause 8 of the Government Procurement Act. (4) When the bidding has been completed, all documents generated in the process must be examined and reviewed by all departments concerned of the Museum and approval by the Director or the representative authorized by the Director. Only then the phase of price negotiation required in the procurement process will be considered complete.
7. The costs incurred by local and overseas experts and scholars in the appraisal and procurement process shall be reimbursed in accordance with the payment schedule of the Museum, which shall be approved by the Executive Yuan.
8. In cases where the cultural relics imported from overseas locations are not approved by any one of the evaluation committees, they shall be returned by the Museum. Expenses of shipping and insurance may be borne by the Museum.
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