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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 6 Dispute Settlement
Article 102
Where a supplier files a protest in writing with an entity pursuant to paragraph 1 of Article 75 of the Act, the supplier shall submit to the entity the protest in Chinese with the following particulars and affix its signature or seal to the protest. Where documents in foreign languages are attached, the Chinese translation of the part related to the protest shall be submitted while that of the other parts shall also be submitted upon the entity's notification, if necessary.
1. The name, address, telephone number and name of the responsible person of the supplier;
2. The name, gender, date of birth, occupation, telephone number, and domicile or residence of the agent, if there shall be one;
3. The facts and reasons of the protest;
4. The entity which the protest is referring to; and
5. Year, month and day of the protest.
Where the supplier referred to in the preceding paragraph does not have a domicile, office, or business office in this nation, the protest shall be filed by an agent having a domicile, office, or business office in this nation.
Where a protest does not meet the requirements of the preceding two paragraphs, the entity may reject it. However, if the aforementioned errors or omissions can be corrected, the protesting supplier shall be allowed to make correction within a specified time-limit. Failure to make the correction within the time-limit shall render the protest rejected by the entity.
Article 103
An entity handling a protest may inform the protesting supplier to present its opinions orally at a place designated by the entity.
Article 104
Where the date of receipt of a notification from an entity and the date of public notice given by the entity are different, the later one shall be deemed as the commencement date of the time-limit prescribed in subparagraphs 2 and 3 of paragraph 1 of Article 75 of the Act.
Article 104-1
The dates of submission of a protest and a complaint depend on the date on which the protest is filed with the procuring entity and the date on which the complaint is filed with the Complaint Review Board for Government Procurement (CRBGP), respectively.
In the event that the supplier files its protest or complaint to a wrong entity, the date on which such protest or complaint is filed with the wrong entity shall be deemed as the date of receipt of the protest or complaint.
Article 105
A procuring entity shall reject a protest filed beyond the statutory period, and notify it to the protesting supplier in writing.
Article 105-1
A procuring entity may review a rejected protest and the facts and reasons thereof, and nullify or change the initial result or suspend the procurement procedures provided that the entity deems that the protest is justifiable.
Article 106
(deleted)