These Regulations are duly enacted in accordance with Article 26 of the Act Governing the Administration of Professional Engineering Consulting Firms (Hereinafter referred to as the Act).
As an encouragement to professional engineering consulting firms, the competent authority shall issue public announcements to select outstanding professional engineering consulting firms on a periodic basis.
A professional engineering consulting firm meeting the following conditions may be selected and awarded as an outstanding professional engineering consulting firm:
1.Having demonstrated concrete outstanding deeds over the past three years.
2.Having been duly registered as a corporation or a foundational judicial person, as verified by supporting certificates for three years minimum, having not violated any laws or regulations and not received penalty from the competent authority or authorities in charge of the relevant industries over the past three years.
3.Having held the registration certificate for professional engineering consulting firm, or having held the technological consulting organization registration certificate duly issued in accordance with the Regulations Governing the Administration of Technological Consulting Organization prior to enforcement of this Act which has not gone beyond the time limit for replacement set forth in Article 37, Paragraph 1 of the Act.
The term “concrete outstanding deeds” as set forth in Subparagraph 1 of the preceding paragraph denotes any of the following:
1.Significant research and development fruit achieved on the issues of engineering technology.
2.Significant achievements made in engineering technological services.
3.Significant achievements in stopping or minimizing a significant calamity in time from its occurrence, preventing a significant calamity from worsening.
4.Significant contribution made when participating in the enactment process of the government’s public policies or made emergency countermeasures for a calamity or in support of the government rescue in a calamity.
5.Other significant contribution with concrete proofs in upgrading engineering technology.
Those professional engineering consulting firms meeting the conditions of Article 3 shall become eligible candidates of the “outstanding professional engineering consulting firms”, to be recommended by the following organizations to the competent authority before the deadline of the selection as promulgated by the competent authority through the public announcement:
1.National Association of the Professional Engineering Consulting Firms
2.Local association of the professional engineering consulting firms.
3.Government authorities or academic research institutions.
4.Other units as accredited by the competent authority.
Every association of professional engineers may recommend the candidates of the outstanding professional engineering consulting firms and apply to the competent authority through the recommending unit(s) enumerated in the preceding paragraph.
To select outstanding professional engineering consulting firms, the competent authorities may set up the Professional Engineering Consulting Firms Evaluation Committee (hereinafter referred to as the Evaluation Committee). The Evaluation Committee shall be disbanded upon completion of the selection, leaving nothing behind to be attended.
The administrative affairs of the selection mentioned in the preceding paragraph shall be conducted by the competent authority or the enforcement unit consigned by the competent authority.
The Evaluation Committee shall have fifteen to nineteen Committee members, including one convener. The competent authority shall appoint a ranking official to serve as the convener on a concurrent basis. The competent authority shall appoint (assign) other Committee members out of the relevant authorities, experts, scholars and officials-in-charge in the competent authority to serve the post on a concurrent basis.
Of the Committee members mentioned in the preceding paragraph, the representatives of government authorities shall not exceed one-half of the total.
All Committee members set forth in Paragraph 1 shall serve the post on a non-salaried basis. The members other than those appointed out of the competent authority may be, nevertheless, paid with traffic remuneration.
The Evaluation Committee meeting shall be called and chaired by the convener. In the convener’s absence, one Committee member shall be appointed or may be elected from among them through a majority vote to preside over the meeting.
An Evaluation Committee meeting calls for a quorum of being attended by over one-half of the total Committee members before a meeting can beheld. A decision in the Committee shall be resolved by a majority vote of the attending members. When the pros and cons are equal in number, the chairman has the final say for the decision.
The Committee members shall exercise their powers and duties on a just and fair basis. To the principles to withdraw from the issues involving their interests, the provisions set forth in Articles 32 and 33 of the Administrative Procedure Act are mutatis mutandis applicable.
The Outstanding Professional Engineering Consulting Firms shall be selected based on the number of licensed professional engineers hired by the professional engineering consulting firms in three degrees as enumerated below:
1.Degree I: Having hired twenty licensed professional engineers minimum.
2.Degree II: Having hired licensed professional engineers ranging from three to twenty.
3.Degree III: Having hired less than three licensed professional engineers.
The Evaluation Committee shall select Outstanding Professional Engineering Consulting Firms through the procedures enumerated below:
1.Preliminary selection: The Committee shall review the documents and data submitted by the candidates and shall assign three to five members into a panel by each degree for the review process. The Committee shall select eight nominees maximum for each degree.
2.Final selection: The Committee shall review the nominees selected in accordance with the preceding subparagraph to select the final winners, and make the names of winners known through a public announcement.
In the preliminary and final selecting process mentioned in the preceding paragraph, the Committee may, as appropriate, invite the recommenders or the candidates to be present for the on-the-spot explanations and may conduct on-the-spot audit as appropriate.
The Outstanding Firms set forth in Paragraph 1, Subparagraph 2 shall not exceed ten maximum in a year and shall be announced as the winners through the degrees below:
1.Degree I: Two firms maximum.
2.Degree II: Three firms maximum.
3.Degree III: Five firms maximum.
The competent authority shall award the Outstanding Professional Engineering Consulting Firms in the following manners and announce the winner names through the competent authority’s website:
1.Awards through citations, plaques or medals.
2.Commendation in public.
3.In the event that a winner participates in the government procurement in technological services within one year, the procuring unit may, based on the characteristics of the procurement cases, enumerates on the tender papers that the bid bond, performance bond, warranty bond may be reduced not exceeding 50% of the total.
The incentive duration as per Subparagraph 3 of the preceding paragraph shall be one year from the announcement of the winning facts.
In the event that an Outstanding Professional Engineering Consulting Firm is found having violated any laws or regulations and having received a final and irrevocable penalty from the competent authority or authorities in charge of the relevant industries, the competent authority shall revoke the qualifications as a winner through a public announcement.
In the event that an Outstanding Professional Engineering Consulting Firm is found having won the honor with false documents or data, it shall not only be disqualified upon publication but also forbidden from taking part in the selection.
A professional engineering consulting firm having been awarded as an Outstanding Professional Engineering Consulting Firm shall no longer be recommended for the honor with the same deeds.
The methods for application for selection and the formula of the documents so required for the Outstanding Professional Engineering Consulting Firms shall be prescribed by the competent authority.
Where the documents, data submitted by a candidate are found nonconforming with the requirements and where the candidate fails to make up within the specified time limit in response to a notice, or the made up documents and data still prove nonconforming, the recommendation shall not be accepted.
While the official(s) assigned by the competent authority conduct(s) inspection over the professional engineering consulting firms in accordance with Article 22 of the Act, the competent authority may render support to the professional engineering consulting firms as the actual requirements may justify. The competent authority may, as necessary, coordinate with relevant authorities for such support.
In the event that a professional engineering consulting firm is found having violated the Act or having made a critical error during the business inspection mentioned in the preceding paragraph, the competent authority may render strengthened guidance and may, as the actual situations may justify, provide guidance, training seminars themselves or through consigned relevant authorities or non-government organizations.
To assure sound administration over professional engineering consulting firms, upgrade quality of engineering technological services, the competent authority may render the following guidance measures:
1.Set up the professional engineering consulting firm managerial information systems.
2.Set up relevant engineering technological databases.
3.Guide into the sponsoring of relevant professional seminars.
4.Guide into research and development and technological exchanges.
5.Render other supporting guidance concerned.
For the guidance measures mentioned in the preceding paragraph, the competent authority may, as the actual requirements may justify, coordinate with other relevant authorities or non-government organizations to conduct the tasks.
For guidance to the professional engineering consulting firms, the competent authority shall document the “information regarding the government consignment for technological services” to help the professional engineering consulting firms access to the latest update in the market.
These Regulations come into enforcement upon the date of promulgation.