２１。國內廠商標價優惠實施辦法(921229定稿)
Regulations for the Implementation of Price Preference by Local Suppliers
Promulgated on May 24, 1999
Rules for central government body procurement tender invitation not reaching the level requiring publicly announced tender invitation
Article 1
implementation rulesThis Regulationsrules is prescribed pursuant to paragraph 2 of set according toArticle 44 of the Government ROCProcurementAct (hereinafter referred to as theis“Act”.).
these rules are specially set.
Article 2ROC company bid price preference implementation rules
The term "particular procurement" referred to in paragraph 1 of Article 44 of the Act means a procurement of a value not less than the threshold for publication conducted by an entity, where the tender documentationspecifies that the subject of the procurement falls within the coverage of paragraph 2 of Article 44 of the Act and that the entity may preferentially award the contract to a local supplier at a higher tender price pursuant to paragraph 1 of the same Article.
Article 3
The term "foreign supplier" referred to in paragraph 1 of Article 44 of the Act means any natural person who has havenot acquired the nationality of this nationthat does not obtain nationality of this nationor any juridical person, organization or group established and registered pursuant to pertinent laws of foreign countries.
Where a particular procurement permitsjoint tendering by suppliers in submitting a tender, local suppliers who meet the requirements set out in paragraph 3 of Article 5 and participate jointly with foreign suppliers in tenderingmay be deemed as a joint tendering by local suppliers.
bidding when ROC companies co-operate in a joint bid with a foreign company and the ROC company meets the requirements of Item 3, Article 5 this joint bid shall be regarded as a bid from an ROC company.
Article 4
The term "scope" referred to in paragraph 2 of Article 44 of the Act means any construction work, property or service items selected by the responsible entity together with the relevant competent entities and published on the Government Procurement Gazette.
The publication referred to in the preceding paragraph shall state the preferential rate and the starting date and the expiry date of the preference period. announcement in the previous item should include the preferential rate and time limit's starting and finish date.
The published construction work, property or service items referred to in paragraph 1 shall be reviewed periodically by the selecting entities. Where, prior to the expiry date of the preference period, said items are found to be inconsistent with any treaty or agreement to which this nation is a party, the local value-added is less than 50%, or said items are found to be inconsistent withthe employment or industry development policy of this nation, the responsible entity shall revoke such items and publish the revocationon the Government Procurement Gazette. When on the last day of the preferential
time limit there is conflict with ROC treaties or agreements, ROC made
content does not exceed 50% or employment or industrial development
policies are not served the managing body will announce cancellation in the government procurement bulletin.
Where an entity includes a publisheditem referred to in paragraph 1 in the tender documentation, the entity shall not open the tender provided that the circumstance of revocation referred to in the preceding paragraph occurs prior to the opening of tenders. After modifying the tender documentation, the entity may re-invite the tender. When the body includes Item 1's announcement items in the invitation to tender documents but the aforementioned cancellation has been announced before the bids are evaluated the bids will not be opened. Invitation to tender will be issued after the invitation to tender documents are revised.
Article 5
In conducting a particular procurement, an entity shall specify in the tender documentationthe specific item of the subject of the procurement to which the preferential bid price is applicable, and prescribe that all suppliers specify the bid price of such item in their tenders.
Where a foreign supplier’s bid is the lowest tenderand its bid price satisfies the principle of contract award for the lowest tender prescribed in paragraph 1 of Article 52of the Act, the preferential bid pricewhich is applicable to local suppliers shall be calculated by the bid price of said foreign supplier for the applicable itemreferred to in the preceding paragraph times the preferential rate.This provision does not apply where the bid price of the local supplier for the said item does not exceed that of the foreign supplier for the same item.
In the circumstance set out in the preceding paragraph, where it is a property of the local supplier which falls within the scope of application specified in tender documentation, the local value-added thereof must reach 50% of the price. In case that it is a construction work or service, it shall be supplied locally.
Where the bid price of the foreign supplier referred to in paragraph2 is denominated in a foreign currency, it shall be converted to New Taiwan Dollarsbased on the closing spot selling rate quoted by the Bank of Taiwan on the business day prior to the date of award, and the applicable preferential price shall be calculated in New Taiwan Dollars. When bodies carry out special procurement they should in the
invitation to bid documents state the bid preference items that apply to the
tender subject. And it should be stipulated that all bidding companies
should in their bidding documents state the bid price for each item
When foreign companies offer the lowest bid and the bid meets Item 1,
article 53 of this law's lowest bid bid selection principle the bid price
preference that ROC companies can use will be calculated by multiplying the foreign company bid price preference item bid price applied in the previous item by the preference rate. However when the local company bid price for these items do not exceed the bid price of the foreign company for the same items, this restriction will not apply.
In the situation in the previous item ROC company property are items that are within the scope of applicability in the invitation to bid documents.
ROC made content must exceed 50% and engineering or labor all supplied by ROC sources.
In Item 2 when the foreign company bid is made in foreign currency, the Bank of Taiwan exchange rate at close of trading on the day before the contract is awarded will be used to convert the bid into NT$. The bid price preference value that is applicable will then be calculated in NT$.
Article 6
In conducting a particular procurement, an entity shall provide in the tender documentation that a local supplierwho intends to enjoy the preference set out in paragraph 1 of Article 44 of the Act shallstate in its tender for evaluation concerning the preferential itemto be applicable according to the item(s) specified in the tender documentation, the fact that the local value-added for the item is at least50% of the price or the item is supplied locally, and the volume or priceof the item.
For the fact that the local value-added for the item is at least50% of the price or the item is supplied locallyas set out in the preceding paragraph, the supplier shall prove that the local value-added of the item is at least50% of the price in case that it is aproperty, or that the item must be supplied locally in case that it is a construction work or service.When bodies carry out special procurement, invitation to tender
documents should stipulate that the bid documents of ROC companies wishing to use Item 1, Article 44 of this law's preferential measures should state the bid price preference items in the invitation to tender documents, the fact that ROC manufacturing value added or supply is over 50% from the ROC, amount and price for checking.
ROC manufacturing value or supply exceeds 50%: for property it should be proven that ROC manufacturing value added exceeds 50%; in the case of engineering or labor it should be proven that these are ROC supplied.
Article 7
In conducting a particular procurement, an entity shall award the contract to a local supplier where a foreign supplier’s tender is the lowest bid and itsbid price satisfies the principle of contract award prescribed in paragraph 1 of Article 52 of the Act, and the lowest bid price of the local supplier which meets the requirement in paragraph 3 of Article 5exceeds that of the foreign supplier but is within the preferential amount as provided in paragraph 2 ofArticle 5. Where the local supplier’s bid price exceeds the preferential amount, the contract shall be awarded to the foreign supplierwithout further negotiation with the local supplier on the reduction of price.
The bid price of the local supplier which may be awarded by preference according to the calculation set out in the preceding paragraph shall not exceed, where a government estimate is set for the procurement, the upper limit for over government estimate as provided in paragraph 2 of Article 53of the Act; where no government estimate is set for the procurement,the amount recommended by a committee as provided in Article 54 of the Act.
In any case, the award price in the preceding paragraph must not exceed the budget amount.
When the body carries out special procurement and a foreign
company's bid is the lowest bid and meets the lowest bid contract awarding principles of Item 1, Article 52 of this law, and the ROC company bid is higher than the foreign company's according to Item 3, Article 5, within the preference price set in Item 2, Article 5, the contract should be awarded to the ROC company. When the preference price is exceeded the contract should be awarded to the foreign bid.
The bid that is selected on a priority basis according to the calculation in
the previous item shall not exceed the limit on the super low bid in Item 2
Article 53 in a procurement case with a set lowest bid. When a lowest bid
has not been set the suggested value of the evaluation committee in Article 14 shall not be exceeded.
The bid selection prices in the previous item shall not exceed the budget
Article 8
In conducting a particular procurement, an entity shall prescribe in the tender documentation that a local supplier who has been awarded a contract based on preferential price shall submit to the entity for verification the evidence documents relating to the locally made or supplied item as provided in Article 6 during the term of contract performance.
The contract which is awarded to a local supplier in accordance with the provision set out in the preceding paragraph must explicitly state that, in case that the supplier fails to provide locally made or supplied item, the entity may take the following measures:
- terminate the contract.
- rescind the contract.
- claim for damages of awarding a price which is higher than the bid price of the foreign supplier.
- forfeit the performance bond.
- notify the supplier to improve, remove or re-do the work, or replace or recall the product within a time-limit in accordance with paragraph 1 of Article 72of the Act.
- handle in accordance with Article 101 of the Act.
- take any other measures as provided in the contract.
Article 9
ThisRegulationsrules shall take effect May 27, 1999.
Note: In case of discrepancies between the Chinese version and this English version, the Chinese version shall prevail.
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