萬國法律事務所

Amendments of Government Procurement Act (“GPA”) have been passed by the Legislative Yuan. Amendments include that to expand the application scope of price database, to add the most advantageous tender without setting a government estimate and to grant clear and explicit effects on the template procurement contract. In order to smoothly execute the amendments, Public Construction Commission will expedite to set up supplementary measures to cope with the aforementioned amendments.

Under the amendment of expanding the application scope of price database, Article 11 of GPA provides that any government department transmits the awarded contract more than NTD 10 million to the database of Public Construction Commission. Such transit model can be referred to set up a database in connection with prices on necessary financial and labor items.

With respect to the most advantageous tender, Article 52 of GPA provides that professional services, technical services and information services whose announced amount (公告金額) is more that NTD 1 million may adopt the most advantageous tender without setting a government estimate. This amendment is to avoid tenderers who bid with lower price and provide poor performance quality.

As to the template procurement contract, Article 63 of GPA provides that every kind of procurement contract shall be made in accordance with the template procurement contract established by Public Construction Commission, which grant the template procurement contract clear and explicit effects.