Article 32
The term "does not involve essential parts of the contract" referred to in paragraph 3 of Article 33 of the Act includes the following:
1. alterable or supplementable items specified in the tender documentation;
2. optional items not for tender price comparison;
3. matters for reference; and
4. other matters not affecting the constitution of a contract
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Article 84
The term "extraordinary circumstances" referred to in Article 61 of the Act means any of the following circumstances:
1. where procurements are conducted with a view to commercial resale or with a view to use in the production of goods or supply of services for commercial sale, and the content of contract award is related to commercial secret and is approved by the head of the entity or the personnel authorized by the head;
2. where circumstances specified in subparagraph 2 of paragraph 1 of Article 104 of the Act exist;
3. confidential procurements in additional to the circumstances specified in the preceding two subparagraphs; or
4. Where the content of contract award referred to in subparagraph 1 of the preceding paragraph is related to commercial secret, the entity may exclude the content of contract award from the dissemination of the outcome of an award to be published or to be notified to all tenderers in writing.If only partial content of contract award involves commercial secret, the rest shall still be published and be notified to all tenderers.
The term "within a specific period of time after award" referred to in Article 61 of the Act means 30 days form the date of award.
Where the outcome of an award is not published on the Government Procurement Gazette in whole or in part pursuant to Article 61 of the Act, the award data in complete shall still be provided by the entity to the computer database designated by the responsible entity or to the responsible entity periodically pursuant to Article 62 of the Act.
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Article 111
An entity may specify in the tender documentation the circumstances to which the term of "time-limit for contract performance is seriously delayed" referred to in subparagraph 10 of paragraph 1 of Article 101 of the Act shall apply. Where the circumstances are not specified, a 10% or more delay in the progress of contract performance is considered a serious delay for large procurements of construction, while a 20% or more delay that is not less than 10 days in the progress of contract performance is considered a serious delay for other procurements.
The percentage of delay referred to in the preceding paragraph shall be calculated in accordance with the following:
1. An entity shall notify the supplier to improve the work within a certain time-limit under the circumstance where the contract performance has not yet completed and the delay in the progress reaches the percentage provided in the preceding paragraph. For failure to make improvement within the time-limit, where the method for calculating the progress of contract performance has been specified by the entity, the percentage of delay in the progress on the day of making the notification and the last day of the aforementioned time-limit shall be calculated respectively by the percentage difference between the actual progress and the scheduled progress approved by the entity. Where the method for calculating the progress of content performance is not specified by the entity, it shall be calculated depending on the number of days exceeding the time-limit.
2. Where the contract performance has completed but exceeds the time-limit, or the contract performance has not yet completed but exceeds the time limit, the delay shall be calculated depending on the number of days exceeding the time-limit.
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