An entity may execute an inter-entity supply contract with a supplier for the supply of property or services that are commonly needed by entities.
The regulations for a procurement of an inter-entity supply contract, the matters specified in the tender documentation and contract, applicable entities, and the related matters shall be prescribed by the responsible entity.

An entity may conduct a procurement electronically, and the electronic data thus provided shall be deemed as formal written document which may be waived.
The regulations of operation for electronic procurement specified in the preceding paragraph covering invitation to tender, receipt of tender documentation, submission of tender, opening of tender, award of contract, and receipt and expenditure of fees shall be prescribed by the responsible entity.

An entity conducting an evaluation shall establish an evaluation committee in which there shall be not less than five members and at least one third of the members shall be experts and scholars. A recommended roster of experts and scholars shall be prepared jointly by the responsible entity, the Ministry of Education, the Ministry of Examination, and other relevant entities.
The experts and scholars referred to in the preceding paragraph shall not be incumbent staff members of any government agency.
The regulations governing the organization of and the regulations for review by the evaluation committee shall be prescribed by the responsible entity.

It is preferred for an entity to conduct its procurement by professional procurement personnel. However, where the value of a procurement reaching the threshold for a certain amount, the procurement is required to be conducted by professional procurement personnel.
The regulations covering qualification, examination, training, certification, management of professional procurement personnel and the threshold for a certain amount referred to in the preceding paragraph shall be prescribed by the responsible entity in consultation with the related entity.

An entity may provide in the tender documentation that preference shall be given to a product which has been permitted to use a label of environment protection approved by the government, and in addition has the same or similar functions. The said preference may include a price preference of not exceeding ten percent. Such preference shall also be given where a product or its raw material is manufactured, used, and disposed of in such manner that conform to recycled materials, returnable products, low pollution, or energy-saving requirements.
The preceding paragraph shall apply mutatis mutandis to other products which either increase social benefits or reduce social costs, and have the same or similar functions required.
The categories and coverage of products referred to in the two preceding paragraphs and the implementing regulations thereof shall be jointly prescribed by the responsible entity, the Environmental Protection Administration of the Executive Yuan, and other competent entities.

The responsible entity may take into account the requirements of the relevant laws and regulations to adopt measures assisting small and medium enterprises in contracting or subcontracting to the extent not less than certain percentage of government procurement in value.
The regulations of assistance referred to in the preceding paragraph shall be prescribed by the responsible entity.

A winning tenderer who hires more than 100 employees locally shall employ the physically or mentally disabled or the aborigines to a minimum of two percent of the total number of employees during the term of contract performance; otherwise, the foregoing tenderer shall pay a fee in substitute and shall not hire foreign workers to make up the shortage in question.

Unless otherwise provided for by other laws, the provisions of this Act shall apply to the procedures under which an entity selects an investor to construct or operate a project approved by the competent authority to be open for private investment, provided that the project is one in transportation, energy, environment protection, tourism, etc., and planned or approved by the government.

The responsible entity, the superior entity, and the accounting entity may supervise an entity at any time concerning the progress of procurement, inventory, or service conditions of the subject procured, and may also demand the entity to submit a report.
An entity may transfer its surplus property which is still usable to other government agencies or public schools free of charge.

Where a procuring entity finds that a supplier has any of the following circumstances, the entity shall notify the supplier of the facts, reasons related thereto, and the period pursuant to paragraph 1 of Article 103, indicate with a note in the notification that it will be published on the Government Procurement Gazette if the supplier does not file a protest:
1. where the supplier allows any others to borrow its name or certificate to participate in a tender;
2. where the supplier borrows or assumes any other’s name or certificate to participate in a tender;
3. where the supplier has substantially reduced the work or materials without obtaining a prior approval;
4. where the supplier uses false or untrue documents to tendering, contracting, or performing a contract, particularly serious thereof ;
5. where the supplier participates in tendering during the period when its business operation has been suspended by a disciplinary action;
6. where the supplier has committed any of the offenses prescribed in Articles 87 to 92 hereof, and has been sentenced by a court of the first instance;
7. where the supplier refuses to execute a contract without due cause after award;
8. where an inspection indicates any serious non-conformity with the contractual requirements;
9. where the supplier does not fulfill its obligation of guarantee after inspection and acceptance, particularly serious thereof;
10. where the time-limit for contract performance is seriously delayed due to causes attributable to the supplier;
11. where the supplier is in breach of the requirement of Article 65 by assigning a contract to others;
12. where a contract is rescinded or terminated for causes attributable to the supplier, particularly serious thereof;
13. where the supplier is under the procedure of bankruptcy;
14. where the supplier discriminates gender, aborigines, physically or mentally disabled, or personnel of disadvantaged groups, particularly serious thereof; or
15. where the supplier offered, promised, or delivered improper benefits to the personnel in relation to procurement;
Where there is a supplier who shares the liability with the contractor jointly and severally and the entity notifies the supplier to fulfill its liability, the preceding paragraph shall also apply.
Prior to conducting the notification pursuant to paragraph 1, an entity shall provide the supplier an opportunity to give a verbal or written statement, and the entity shall also establish a working and evaluation group to evaluate whether the supplier has satisfied with any circumstance referred to in paragraph 1;
For the circumstances of particularly serious prescribed in paragraph 1, an entity shall evaluate the extent of damage suffered by the entity, the extent of responsibilities atttributable to the supplier, and the actual remedies or compensation measures from the supplier, etc.

A supplier who deems that the notification made by an entity according to the preceding Article is in breach of this Act or untrue may file a written protest to the entity within twenty days from the date following the date of receipt of the notification.
The supplier may file a written complaint with the competent CRBGP within fifteen days from the date following the date of receipt of the disposition of the protest referred to in the preceding paragraph if the supplier objects to the disposition, or from the expiry of a period of fifteen days starting from the date following the date the entity receives the protest if the entity fails to dispose the case within such period, irrespective of whether the procurement is of a value reaching the threshold for publication or not.
Where an entity has notified a supplier pursuant to the preceding Article and the supplier does not file a protest or complaint within the prescribed time-limit, or the complaint filed is not accepted, or the review decision indicates that the notification is not in breach of this Act or untrue, the entity shall immediately publish the name of the supplier and the relevant circumstance on the Government Procurement Gazette.
The provisions prescribed in Chapter VI hereof shall apply mutatis mutandis to the handling of protests and complaints provided for in paragraphs 1 and 2.

A supplier whose name has been published on the Government Procurement Gazette pursuant to paragraph 3 of the preceding Article is prohibited from participating in tendering, or being awarded or sub-contracted within the following periods:
1. three years from the next day to the date of publication arising from circumstances of subparagraphs 1 to 5 ,15 of Article 101 hereof, or a sentence of imprisonment under subparagraph 6 of the same Article; provided that the publication shall be cancelled where the original disposition has been revoked or that a final “not guilty” verdict has been entered;
2. one year from the next day to the date of publication arising from circumstances of subparagraphs 7 to 14 of Article 101 hereof; or imposition of detention, fine, or probation under subparagraph 6 of the same Article; provided that the publication shall be cancelled where the original disposition has been revoked or that a final ‘not guilty” verdict has been entered; or
3. arising from circumstances of subparagraphs 7 to 12 of paragraph 1 of Article 101 hereof, three months from the next day to the date of publication, provided that the supplier’s name has never been published by any entity within the past five years not later than the date of notification; six months from the next day to the date of publication, provided that the supplier’s name has been published once by any entity within the same five years; one year from the next day to the date of publication, provided that the supplier’s name has been published twice or more by any entity accumulatively within the same five years. The publication shall be cancelled where the original disposition has been revoked.
Where there is a special need for an entity to conduct a procurement and is necessary to procure from the supplier referred to in the preceding paragraph, without following the requirement of the preceding paragraph, the entity may do so with an approval from its superior entity.
Before effective of the articles revised on April 30, 2019, where a disposition notification has been made pursuant to paragraph 1 of Article 101, but the disposition has not yet become final, the provisions of the revised articles shall apply.

Procurement conducted by military entities shall follow the provisions of this Act except where procurement is for weapons, ammunition, war supplies, or related to national security or national defense and has one of the following situations:
1. where this nation is confronted with a war, in mobilization for a war, or in a war, this Act may not apply;
2. where the procurement is a confidential or strictly confidential one, Articles 27, 45 and 61 hereof may not apply;
3. where there is an emergency which may jeopardize an important military mission, Articles 26, 28, and 36 may not apply; or
4. where there is only one supplier invited for tendering, the first sentence of paragraph 3 of Articles 26 may not apply;
The coverage of procurement referred to in the preceding paragraph and the regulations thereof shall be prescribed jointly by the responsible entity and the Ministry of National Defense, and be sent to the Legislative Yuan for reviewing.

The provisions of invitation to tender and award of contracts of this Act may not apply to the following procurement:
1. where the procurement is an emergent one in response to wars, natural disasters, epidemics, or economic or financial crises confronted by this nation;
2. where the procurement is an emergent one in response to imminent danger to the life, body, health, or property of the people;
3. where the procurement is an acquisition of property or service between governmental entities and approved by an immediate superior entity; or
4. where the procurement from an international organization, a foreign government, or any of their authorized institutions is conducted in accordance with a treaty or agreement to which this nation is a party and which has specific provisions for the invitation to tender and award of contracts.
Where it is necessary to prescribe regulations for procurement referred to in the preceding paragraph, the regulations shall be prescribed by the responsible entity.

Except otherwise prohibited by the treaties or agreements to which this nation is a party, a procurement conducted by an entity stationed abroad either for itself or as agent may be exempt from the provisions of the following subparagraphs in response to local circumstances or the constraint of local practices, provided that the ways to handle the matters referred to in the following subparagraphs 2 through 4 shall be specified in the tender documentation.
1. The publication on the Government Procurement Gazette under Article 27 hereof;
2. The bid bond and guarantee bond under Article 30 hereof;
3. The granting of priority in price reduction, and price reduction and comparison under paragraph 1 of Article 53 and Article 54 hereof; and
4. The protest and complaint set forth in Chapter VI hereof.
Where a procurement referred to in the preceding paragraph is of a value reaching the threshold for supervision, a report explaining the reasons shall be submitted to the superior entity together with relevant documents for file afterwards.

An entity shall, in addition to the documents kept pursuant to the requirements of the Accounting Act or other laws, keep a copy of the procurement documents at a place designated by the responsible entity.

The central, municipal, and county (city) governments shall each establish procurement control unit(s) to monitor and supervise procurement affairs.
The regulations governing the organization as well as the regulations of operation of the control unit referred to in the preceding paragraph shall be prescribed by the responsible entity, and submitted to the Executive Yuan for approval and promulgation.

For procurement conducted by an entity, an auditing entity may audit it at any time.

The Controller of the Directorate-General of Budget, Accounting and Statistics, the Controller of the Ministry of Audit, or the Prosecutor of the Ministry of Justice may bring an action, join the parties of an action, or appeal on behalf of an entity for a procurement case.

An entity shall report annually to the responsible entity the service condition and the efficiency analysis of a subject procured in a large procurement during the service period, and the responsible entity may send its personnel to inspect for verification.
The responsible entity shall have an annual efficiency analysis for the important procurement that have been done, and the outcomes shall be published on the Government Procurement Gazette except those shall be confidential.

The responsible entity shall prescribe ethics regulations for the procurement personnel.

The enforcement rules of this Act shall be prescribed by the responsible entity.

This Act shall take effect one year after promulgation.
The amendment to this Act (including the amendment to Article 7 promulgated on January 10, 2001) shall take effect on the date of promulgation.