The term "number of local employees" referred to in Article 98 of the Act, shall be subject to the requirements of paragraph 3 of Article 38 of the Enforcement Rules of the People with Disabilities Rights Protection Act, and be calculated based on insurance units; the term "term of contract performance" shall commence from the date of contract-signing to the date of contract-fulfillment, except any of the following circumstances:
1. where there is a commencement date or starting date of contract performance, the date shall apply. In the event that both dates are specified in the contract, the later one shall apply.
2. where an entity notifies the supplier to suspend all contract performance, the period of suspension shall not be included.
3. where it is an open contract subject to the entity’s notification for contract performance, within a certain period of time, the actual number of days of actual contract performance .
A winning tenderer shall, pursuant to Article 98 of the Act, employ a minimum of one percent of the total number of local employees for the physically or mentally disabled and the aborigines respectively during the term of contract performance. The number of the disabled and the aborigines employed shall be calculated based on the integer values, excluding the fractional remainder.

Where a winning tenderer employs the physically or mentally disabled or the aborigines at a number less than that required by paragraph 2 of the preceding Article, the tenderer shall, based on the deficient number, pay the substitute fee for previous month to the exclusive account of the employment fund established for the disabled and the exclusive account of the employment fund established for the aborigines respectively by the tenth day of every month.
The value of the substitute fee referred to in the preceding paragraph shall be calculated by the deficient number times the minimum monthly wage. For a period less than one month, the fee shall be counted at a daily fee of the minimum monthly wage divided by 30.

Where an entity selects an investor to construct or operate a project pursuant to Article 99 of the Act, and where the contract is to be awarded in the principle of the value a supplier promises to offer to the entity, the entity may prescribe one of the following in the tender documentation and award a contract to a tenderer whose tender meets the requirements set forth therein:
1. where a government estimate is set for the procurement, a tenderer whose tender price is the highest one and not less than the government estimate;
2. where no government estimate is set for the procurement, a tenderer whose tender price is the highest one and reasonable;
3. where an award is made to the most advantageous tender, the most advantageous one determined by the head of the procuring entity or the majority of the evaluation committee; or
4. where multiple award is adopted, tenders meeting the spirit of competition in regard to the highest price or the most advantageous tender.
The preceding paragraph shall apply mutatis mutandis to the circumstances where an entity prescribes in the tender documentation that the tender price include expenditures and revenues of the entity, or that the entity provide the property or rights to the supplier for usage, in exchange of a return without expenditures from the entity, provided that the contract is to be awarded in the principle of the value a supplier promises to offer to the entity.

Pursuant to paragraph 3 of Article 101 of the Act, the entity shall notify the supplier in writing that the supplier may raise its written or verbal opinion within 10 days from the date following the date of receipt of the written notification.
Where the supplier would raise its verbal opinion pursuant to paragraph 3 of Article 101 of the Act, the supplier shall make it at a place designated by the entity, and the entity shall record the opinion in writing, or by audio or video recording, etc.
When notifying the supplier of the facts, reasons, and the period referred to in paragraph 1 of Article 103 of the Act, pursuant to paragraph 1 of Article 101 of the Act, an entity shall indicate in the notification that the supplier may file a written protest with the procuring entity within 20 days from the date following the date of receipt of the notification if the supplier deems that the notification is in breach of the Act or untrue, and that the supplier who does not file a protest within the prescribed time-limit will be published on the Government Procurement Gazette.
When notifying the protesting supplier of the decision against the protest in writing pursuant to Article 102 of the Act, an entity shall indicate in the notification that the supplier may file a written complaint with the Complaint Review Board for Government Procurement (CRBGP) within 15 days from the date following the date of receipt of the decision against the protest if the supplier objects to it.

Where there is a final and irrevocable "not guilty" verdict under the circumstance of subparagraph 6 of paragraph 1 of Article 101 of the Act, the supplier shall be permitted to participate in tendering, or be awarded or sub-contracted from the date of the verdict.

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The term "date of notification” referred to in subparagraph 3 of paragraph 1 of Article 103 of the Act means the date of issuance of notification by the entity to the supplier that the supplier has any of the circumstances specified in paragraph 1 of Article 101.
The term "special need" referred to in paragraph 2 of Article 103 of the Act means that it is necessary for an entity to conduct a procurement based on the public interests under any of the following circumstances:
1. where any of the circumstances provided for in subparagraphs 1, 2, 4 or 6 of paragraph 1 of Article 22 of the Act exists;
2. where the tendering procedure is nullified for two times or more as the result of price reduction pursuant to Articles 53 or 54 of the Act, and where the government estimate or the amount recommended by a committee has not been raised;
3. where any of the circumstances provided for in subparagraphs 1 or 2 of paragraph 1 of Article 105 of the Act exists;
4. other circumstances as prescribed by the responsible entity.

The term "procurement documents" referred to in Article 107 of the Act means all kinds of written or non-written records and attachments thereof generated during the period from the entity’s planning of procurement to the supplier’s completion of contract responsibilities.

This Enforcement Rules shall take effect May 27, 1999.
The amendment to this Enforcement Rules shall take effect on the date of promulgation.