Laws Information

法規資訊
Title: GOVERNMENT PROCUREMENT ACT
Am Date: 2016-01-06
Legislative History: Amended and promulgated by presidential decree on January 26, 2011 for Article 11,52 and,63 Amended and promulgated by presidential decree on January 6, 2016 for Article 73-1,85-1 and,86

Transaction

Amended

Article 73-1
Unless otherwise specified in a contract, the procedures of payment and review by an entity for construction procurement shall abide by the following provisions:
1.where a payment is made by periodic assessment or by stages, the entity shall complete review process within fifteen days after evidential document for assessment or of completion of a stage was received from the supplier, and shall make payment within fifteen days after receiving the supplier’s application document for payment;
2.where a payment is made by inspection and acceptance, the entity shall prepare a certificate of settlement and acceptance after the inspection and acceptance is passed, and shall make payment within fifteen days after receiving the supplier’s application document for payment;
3.where a payment shall be applied to a superior entity for appropriation, the time-limits prescribed in the preceding two subparagraphs shall be thirty days.
The term “days” in the subparagraphs of the preceding paragraph means working days, which excludes weekly holidays, special holidays and the days of returning documents to the supplier for rectification.
Where the entity finds any error, insufficiency or ambiguity in the documents submitted by the supplier during the process of payment and review, and demand modification, supplement or clarification, the entity shall notify the supplier in one notice, instead of two or more notices.
The three preceding paragraphs shall apply mutatis mutandis to the payment and review processes of goods and services procurement.
Article 85-1
In the event that the entity and the supplier failed to reach an agreement over the dispute in relation to the performance of the contract in question, any of the following means may be used to resolve the dispute:
1. apply to CRBGP for mediation.
2. refer to an arbitration institution for arbitration.
In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the entity may not object to such application. CRBGP shall offer suggestions or proposals for mediations of construction works and technical services. In the event that the unsuccessful mediation of construction works and technical services due to the entity does not agree with proposal or resolution for mediation proposed by CRBGP, the entity may not object to the arbitration filed by the supplier.
The provisions of mediation of the Code of Civil Procedures shall apply mutatis mutandis to the procedure and effect of the mediation by CRBGP, unless otherwise provided in this Act.
Regulations governing the mediation of disputes shall be prescribed by the responsible entity, and promulgated after approval of the Executive Yuan.

Article 86
In order to handle the complaints filed by suppliers for procurement at the levels of central government and local government, and the disputes arising from the performance of contract between the procurement entities and the suppliers, CRBGPs established by the responsible entity and the municipal and the county (city) governments at each level respectively shall consist seven to thirty five members selected from persons impartial and of professional knowledge in legal or procurement affairs and appointed by the responsible entity or the municipal or county (city) governments. Three of such members may be high-ranking officials of the responsible entity or the municipal or county (city) governments provided that the number of such officials may not exceed one-fifth of the total number of members
The CRBGP shall perform its official duties impartially. The regulations governing the organization of CRBGP shall be prepared by the responsible entity and submitted to the Executive Yuan for approval and promulgation.