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Chapter Law Content

Title: Enforcement Rules of the Government Procurement Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter 5 Inspection and Acceptance
Article 90
For the following procurements of construction work or property pursuant to paragraph 1 of Article 71 of the Act, an inspection and acceptance may be conducted by examining the documents prepared by the procurement unit instead of inspecting the object directly:
1. where a property is supplied by a public enterprise at a certain fee;
2. where an object procured is put into use instantly or within a very short period of time, thus making a direct inspection difficult;
3. small procurements;
4. where it is a partial inspection and acceptance by shipment, segment or part, and the value of it does not exceed one tenth of the threshold for publication;
5. where certificates of quality or quantity have been issued by a government entity or an impartial third party after conducting inspection; or
6. other circumstances as prescribed by the responsible entity.
Where it is a circumstance of subparagraph 4 of the preceding paragraph, a consolidated certificate of settlement and acceptance shall be prepared for the outcomes of inspection and acceptance of each shipment, segment or part after all of them are completed.
Article 90-1
For the procurement of services, an inspection and acceptance may be conducted by examining the documents prepared by the procurement unit, or by convening an evaluation meeting; the documents or meeting records thereof may be regarded as the record of inspection and acceptance.
Article 91
The inspection and acceptance personnel shall be charged with the following responsibilities:
1. the chief inspector shall chair the inspection and acceptance procedure, inspect the outcome of contract performance by sampling to see if there is any non-conformity to the requirements of the contract, drawings or samples, and make a decision in the event that a non-conformity exists;
2. the co-inspector shall co-inspect by sampling to see if there is any non-conformity to the requirements of the contract, drawings or samples, and co-make a decision in the event that a non-conformity exists, except for simple procurements; and
3. the assistant inspector shall assist in the inspection and acceptance procedure, except for simple procurements.
The co-inspector shall be a personnel of the taking-over or end-using entity/unit.
The assistant inspector shall be a person of the units of design, supervision or procurement, or a professional or a person of an organization entrusted by the entity.
Where there are measuring, inspecting or testing procedures or standards for inspection and acceptance by laws, regulations or contract, they shall be adopted.
Where there is a procurement supervision personnel, he/she shall watch over the proceedings of inspection and acceptance.
Article 92
A construction contractor shall notify the construction supervision unit and the entity in writing of the date of completion prior to or on the date of completion. Unless otherwise specified in the contract, the entity shall, accompanied by the supervision unit and the contractor and within 7 days from the date of receipt of the written notification, check the completed items and quantities with the requirements specified in the contract, drawings or samples to ascertain that the construction work is completed. The entity may still ascertain completion of the construction work in case that the representative of the contractor is not present in the inspection event.
After completion of construction work, the supervision unit shall, within 7 days after completion of the construction work, provide the drawings, detailed list of settlement, and other data required by the contract to the entity for reviewing, except otherwise specified in the contact. Where there is a preliminary inspection procedure, the entity shall conduct the preliminary inspection and make a record within 30 days from the date of receipt of all of the foregoing data.
The preceding two paragraphs shall apply mutatis mutandis to the procurement of properties and services where a preliminary inspection is adopted.
Article 93
Where a preliminary inspection is adopted and passed, the entity shall conduct the inspection and acceptance and make a record within 20 days, unless otherwise specified in the contract.
Article 94
Where no preliminary inspection is adopted, the entity shall, unless otherwise specified in the contract, conduct the inspection and acceptance and make a record within 30 days after either receiving a ready-for-inspection notification from the contractor or completing the prior procedures for inspection and acceptance.
Article 95
Where the time-limit set out in the preceding three articles needs to be extended due to extraordinary circumstances, it shall be subject to the approval of the head of the entity or the personnel authorized by the head.
Article 96
The record of inspection and acceptance made by an entity pursuant to paragraph 1 of Article 72 of the Act, shall include the following particulars, and be signed jointly by the personnel conducting the inspection and acceptance. Where there is a procurement supervision personnel or a representative of the contractor attending the inspection and acceptance, he/she shall also sign on the record.
1. the job number, if applicable;
2. a summary of the nature and quantity of the subject of inspection and acceptance;
3. the name of the contractor;
4. the time-limit of contract performance;
5. the date of completion of contract performance;
6. the date of inspection and acceptance;
7. the outcome of inspection and acceptance;
8. the non-conformity between the outcome of contract performance and the requirements of the contract, drawings or samples, if applicable; and
9. other necessary matters.
The entity may still conduct inspection and acceptance in the absence of the representative of the contractor. The same shall also apply to the checkup, test, examination or preliminary inspection prior to inspection and acceptance.
Article 97
Where an entity, pursuant to paragraph 1 of Article 72 of the Act, notifies a contractor to make improvement, remove the rejected item or re-do the work, or replace the rejected item within a time-limit, the entity shall conduct the inspection and acceptance again when the contractor completes the work within the time-limit.
The time-limit referred to in the preceding paragraph shall be subject to the decision of the chief inspector if not specified in the contract.
Article 98
Where a partial acceptance is conducted pursuant to paragraph 1 of Article 72 of the Act, the partial payment shall be limited to the items accepted, and a part thereof may be deferred for payment depending on the circumstance of non-conformities.
Where an acceptance with price-reduction is conducted pursuant to paragraph 2 of Article 72 of the Act, the way to reduce the price shall be subject to the requirements of the contract. Where no requirement is specified in the contract, the entity may reduce the price of the non-conformities found by taking into account the contract price, market price, additional charge, damages, punitive penalties, etc.
Article 99
Where a part of the subject of contract has been completed, and an entity deems that it is necessary to use the completed part or that the already fulfilled part is subject to diminishment or perishment, the part shall be inspected and accepted in advance or be inspected by segment so that the outcome may be used as a basis for acceptance. In such event, payment may be made for such part and the guarantee period for such parts may commence.
Article 100
Where inspectors disassemble the covered parts of a construction work or property for inspection or analytical inspection, the expenses of disassembling, repairing, or conducting analytical inspection shall be borne by the relevant parties specified in the contract. Where it is not specified in the contract, the expenses shall either be borne by the contractor in the event that there are non-conformities between the outcome of disassembling or analytical inspection and the requirements of the contract, or be borne by the entity in the event of conformity.
Article 101
For a procurement of construction work or property whose value reaches the threshold for publication, a certificate of settlement and acceptance or the similar shall be prepared by the entity, except for the procurements specified in subparagraph 1 of paragraph 1 of Article 90 or other circumstances as prescribed by the responsible entity. For a procurement of construction work or property whose value does not reach the threshold for publication, the entity may prepare a certificate of settlement and acceptance at its own decision.
The certificate of settlement and acceptance or the similar referred to in the preceding paragraph shall be prepared by the entity within 15 days after completion of inspection and acceptance, and shall be signed by the chief inspector and the procurement supervision personnel. Where the time-limit needs to be extended due to extraordinary circumstances, it shall be subject to the approval of the head of the entity or the personnel authorized by the head.