Chapter VI Valuation, negotiation, inspection, and expenditure
Article 23
After the selection process has been completed, the implementing agency (organization) shall have at least three expert members of the executive task force, of whom at least one is an expert in the visual arts, convene a valuation meeting and invite the winning artistic creator or group to attend.
Article 24
At the valuation meeting the following will be reviewed: budget, materials, number, size, installation, management and maintenance methodologies, and other related matters. The resolution adopted at this meeting shall serve as reference for negotiating a price floor.
After the resolution has been adopted at the valuation meeting, the implementing agency (organization) shall, in accordance with the provisions governing limited tendering in Subparagraph 2 of Paragraph 1 of Article 22 of the Government Procurement Act, conduct price negotiations and, having reflected the content of the valuation meeting resolution in its draft contract, sign a contract. However, where the provisions of Paragraph 4 of Article 22 concerning a fixed fee are applied, a price floor need not be set; a lower price may be negotiated and, other items may be decided upon via resolution by the valuation meeting.
The aforementioned results of the contract awarding and the list of executive task force members shall be published on the Ministry of Culture’s Public Art website as well as the Government e-Procurement System website.
Article 25
Before the public art final report is submitted, the implementing agency (organization) shall conduct an examination and inspection assisted by at least one-half of the experts on the executive task force.
Article 26
Expenditures on public art installation plans shall be in line with actual needs, shall include the following, and shall be executed in stages in accordance with the architectural or engineering schedule:
1. public art creation fees: including documents and illustrations, models, materials, installation, transportation, contract technicians, on-site construction, purchases, rentals, taxes, insurance, and relevant fees;
2. artistic creator’s fee: a minimum 15 percent of the expenditures as described in the preceding Subparagraph;
3. materials subsidy: provided to finalists in the public competition, participants in the invitational, and creators of commissioned works that are not selected;
4. administrative fees, including:
1). attendance, review, and associated fees for the externally retained members of the executive task force;
2). information collection fees;
3). printing and associated fees;
4). fees for hosting the public competition; and
5). fees for consultants, executive secretaries, and agents;
5. activity fees for public participation, public art education and promotion, etc.; and
6. management and maintenance fees: to a maximum of 10 percent of the expenditures as described in Subparagraph 1.
Article 27
The implementing agency (organization) shall not, in implementing public art installation plans in accordance with these Regulations, include said plans as the items or expenditures in the engineering contracts for public buildings or major construction projects.