For any dispute between an entity and a supplier arising out of the invitation to tender, the evaluation of tender, or the award of contract, a protest or complaint may be filed in accordance with this chapter.

A supplier may, in the period as specified below, file a protest in writing with an entity if the supplier deems that the entity is in breach of laws or regulations or of a treaty or an agreement to which this nation is a party (hereinafter referred to as the "Acts and Regulations") so as to impair the supplier's rights or interest in a procurement.
1. Where the protest is filed for the content of the tender documentation, one quarter of the period for tendering starting from the date following the date of publication or invitation to tender and a segment of less than one day shall be counted as one day; provided that the whole period shall not be less than ten days;
2. Where the protest is filed for the interpretations, subsequent explanations, amendments or supplements of the tender documentation, ten days from the date following the date of receipt of the notification from an entity or the date of public notice given by the entity;
3. Where the protest is filed for the procedures or the outcome of the procurement, ten days from the date following the date of receipt of the notification from an entity or the date following the date of public notice given by the entity; or ten days from the date following the date when said procedures or outcome are known or can be known if such procedures or outcome are not notified or published; provided that the period shall not exceed fifteen days from the date following the date of the award of contract.
The entity inviting tenders shall make proper disposition and notify the protesting supplier in writing of such disposition within 15 days from the date following the date of receipt of the protest. In case that such disposition involves amendment or supplement to the content of the tender documentation, the entity shall publish a notice concerning such amendment or supplement, or notify each supplier in writing for cases of soliciting technical proposals and price proposals under selective tendering procedures and for cases under limited tendering procedures, and may extend the time-limit for tendering if required.

Where the value of procurement reaches the threshold for publication, a supplier may file a written complaint with the Complaint Review Board for Government Procurement ("CRBGP") as established by the responsible entity, or the municipal or the county (city) governments, depending upon whether the procurement is conducted at the level of central government or local government, within fifteen days from the date following the date of receipt of the disposition if the supplier objects to the disposition, or from the expiry of the period specified in paragraph 2 of the preceding Article if the entity fails to dispose the case within the period. A local government which does not establish a CRBGP may entrust the responsible entity to handle the complaint.
In the event that a supplier files its complaint to a wrong entity rather than the CRBGP, the date on which such complaint is filed with the wrong entity shall be counted as the date of receipt of the complaint.
The entity referred to paragraph 2 shall, within three days from the date following the date of receipt of the complaint, forward the complaint to the CRBGP and shall inform the supplier to that effect.
The restriction of the threshold for publication specified in paragraph 1 shall not apply to a dispute arising from not refunding or returning of bid bond, or recovery thereof prescribed in Article 31.

The complaining supplier shall prepare a written complaint including the following particulars and affix its signature or seal thereon:
1. the name, address and telephone number of the complaining supplier and the name, gender, birth date, and domicile or residence of the responsible person;
2. the entity which handled the protest;
3. the facts and reasons of the complaint;
4. evidence; and
5. year, month and day of the written complaint.
The complaint may be filed by an agent on behalf of the complainant, and the agent shall submit a power of attorney indicating the name, gender, birth date, occupation, telephone number and domicile or residence of the agent.
The provision of Article 70 of the Code of Civil Procedures shall apply mutatis mutandis to the situation referred to in the preceding paragraph.

When filing a complaint, the supplier shall also provide a copy of the complaint to the entity. The entity shall present its response in writing to the competent CRBGP within ten days from the date following the date of receipt of such copy.
The CRBGP shall complete its review within forty days from the date following the date of receipt of the complaint, and shall notify the supplier and the entity of its decision in writing. If necessary, the foregoing period may be extended for another forty days.

A complaint shall not be accepted if it is filed beyond the statutory period or is not in conformity with the statutory procedures or format. However, if the aforementioned errors can be corrected, the complainant shall be allowed to make the correction within a specified time-limit. Failure to make the correction within the time-limit shall render the complaint unacceptable.

The review of a complaint with respect to a procurement may be conducted only with files.
The CRBGP may, ex officio or upon request, inform a complaining supplier or an entity to present their opinions orally at a place designated by the CRBGP.
In conducting a review, the CRBGP may entrust government authorities, schools, associations, or persons that have professional knowledge and experience to provide examination services, and may also call the relevant persons for explanations or request the entity or the supplier to provide relevant documents and materials.
The CRBGP may collect from the supplier review fees, examination fees, and other necessary expenses before conducting a review. The schedules of such fees and expenses and the methods of payment shall be prescribed by the responsible entity.
The regulations for the review of complaints shall be prepared by the responsible entity and be promulgated after approval of the Executive Yuan.

A supplier may withdraw its complaint at any time before the service of a review decision. Once a complaint is withdrawn, the complainant is barred from submitting another complaint in respect of the same matter.

A review decision prepared by the CRBGP shall be in writing, contain the facts and reasons, and indicate whether the procurement was conducted by the procuring entity in a manner that is in breach of Acts and Regulations. Where there is a breach, the CRBGP may recommend the procuring entity ways to proceed.
The CRBGP may, before completion of review, notify the procuring entity to suspend the procuring procedures, if necessary.
The CRBGP shall take the public interest, the interest of the relevant suppliers, and other relevant circumstances into account when making a recommendation or notification under the preceding two paragraphs.

A review decision shall be deemed as a decision on an administrative petition.

Where a procuring entity deems that a protest or complaint filed by a supplier is justifiable after reviewing the causes related thereto, the procuring entity shall nullify or change the initial result or suspend the procurement procedures, except for emergencies or public interest, or where the causes of complaint or protest are not likely to affect the procurement.
The procuring entity shall promptly notify the competent CRBGP of any outcome arising from the action it takes according to the preceding paragraph in response to a complaint.

Where a review decision specifies that the procuring entity is in breach of Acts and Regulations, the procuring entity shall proceed with a lawful alternative within twenty days from the date following the date of receipt of the review decision. In the event that the procuring entity fails to proceed within the period, the supplier may file a complaint with the CRBGP within fifteen days from the date following the date of the expiry of the period.
When the CRBGP makes recommendation in its decision to the procuring entity on the way of handling the matter in question, and the procuring entity declined to follow such recommendation, the procuring entity shall, within 15 days from the date following the date of receipt of the decision, report it to the superior entity for approval. If approved, the superior entity shall, within 15 days from the date following the date of receipt of such report, provide a written explanation with reasons to the CRBGP and the supplier.
Where a review decision specifies that the procuring entity is in breach of Acts and Regulations, the supplier may request the procuring entity to reimburse the necessary expenses incurred by the supplier for the preparation of tender and the filing of protest and complaint.

In the event that the entity and the supplier failed to reach an agreement over the dispute in relation to the performance of the contract in question, any of the following means may be used to resolve the dispute:
1. apply to CRBGP for mediation.
2. refer to an arbitration institution for arbitration.
In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the entity may not object to such application. CRBGP shall offer suggestions or proposals for mediations of construction works and technical services. In the event that the unsuccessful mediation of construction works and technical services due to the entity does not agree with proposal or resolution for mediation proposed by CRBGP, the entity may not object to the arbitration filed by the supplier.
The provisions of mediation of the Code of Civil Procedures shall apply mutatis mutandis to the procedure and effect of the mediation by CRBGP, unless otherwise provided in this Act.
Regulations governing the mediation of disputes shall be prescribed by the responsible entity, and promulgated after approval of the Executive Yuan.

Payment shall be made for mediation fee, verification fee and other necessary fees on application for mediation. The schedule of fees, method of payment and the amount to be borne shall be prescribed by the responsible entity.

The result of mediation shall either come into force upon consensus of the parties, or fail to come into force if there is no consensus.
During the mediation process, a mediator may, by his/her authority, propose a written resolution recommendation in the name of the CRBGP. If the entity does not agree with such recommendation, it shall report to its superior entity for approval before providing its written explanation to the CRBGP and the supplier in question.

In the course of mediating the dispute over the performance of the contract in question, if the parties failed but very close to reach a consensus, the CRBGP shall propose a mediation proposal by its authority by taking into consideration all circumstances, consulting with the mediator, finding a balance over the interests of the parties, and not departing from the scope of the parties’ main points.
The parties or interested parties which participate in the mediation may, as regards the proposed proposal mentioned in the preceding paragraph, raise an objection to the CRBGP, within 10 days from the date following the date of receipt of such proposal.
The mediation shall be deemed unsuccessful if objection has been raised during the period mentioned in the preceding paragraph, and shall be deemed successful if no objection has been raised during such period.
Where an entity raises its objection in accordance with the preceding paragraph, the provisions set out in paragraph 2 of Article 85.3 shall apply mutatis mutandis.

In order to handle the complaints filed by suppliers for procurement at the levels of central government and local government, and the disputes arising from the performance of contract between the procurement entities and the suppliers, CRBGPs established by the responsible entity and the municipal and the county (city) governments at each level respectively shall consist seven to thirty five members selected from persons impartial and of professional knowledge in legal or procurement affairs and appointed by the responsible entity or the municipal or county (city) governments. Three of such members may be high-ranking officials of the responsible entity or the municipal or county (city) governments provided that the number of such officials may not exceed one-fifth of the total number of members
The CRBGP shall perform its official duties impartially. The regulations governing the organization of CRBGP shall be prepared by the responsible entity and submitted to the Executive Yuan for approval and promulgation.