機關辦理設計競賽廠商評選及計費辦法

These regulations are prescribed pursuant to paragraph 2 of Article 22 of the Government Procurement Act (hereinafter referred to as the “Act”).

Where an entity conducting a design contest by way of public announcement and the value of the service fees reaches the threshold for publication, the provisions of these regulations shall apply to the method for the selection of providers and the calculation of service fees.

1The term “design contest” referred to in subparagraph 10 of paragraph 1 of Article 22 of the Act means the process to determine the winning design and provider on which an entity, for the purpose of procurement, solicits for providers, creativity in the design, audio, visual, textual, drawing or object, and evaluating it according to its characteristics of completeness, feasibility, concept, artistic nature or practicality, etc.

2The subject of the design contest as stated in the preceding paragraph includes art works, graphics, symbols, badges, emblem, information websites, names, slogans, advertisement, posters, promotional materials, promotional activities, clothing, sub-titles, music, images, arch, space and location decoration, styling, formation, landscaping, refurbishment , decoration, and such other items where creativity may be displayed.

1An entity conducting a design contest by way of public announcement may take one of the following means:

21.Solicit publicly for providers to submit their designed work for selection.

32.Solicit publicly for providers to submit designed work and written description of such design for selection.

43.Solicit publicly for providers to submit their design proposal. Once selected, the provider(s) concerned will be invited to submit its(their) designed work for selection.

1Unless otherwise provided for by laws and regulations, an entity conducting a design contest by way of public announcement may prescribe in the invitation documents the following items, according to the nature and the practical need of each case:

21.The purpose for which the designed work will be used and the concept that shall be expressed.

32.The guidelines on design.

43.The means on which the design will be displayed such as sample, model, transparency diagram, color, etc.

54.The scale, size, number of illustrative diagrams, method of framing, etc., of the design.

65.Where the design involves material, equipment, location or providers of finished product , specifications related thereto shall be stated.

76.Written description or proposal that must be submitted by the providers of the design and the designed work, the concept of the design, illustrative diagram, production method, work schedule, quantity, price, description or content of the plan, the sequence of the chapters, restriction on the number of pages, etc.

87.The limit of the number of written description or proposal of the design and the designed work that may be submitted by each provider.

1Where a product is to be produced by the winner, an entity may prescribe in the tendering documents the following items according to the nature and practical need of each tendering subject :

21.Where a location for the production or installation exists, the description of existing situation and the condition upon completion.

32.The deadline for completing the product.

43 The limit of budget or production fees.

54.Any other necessary matters.

1Unless otherwise provided by laws and regulations, issues regarding the evaluation items referred to in subparagraph 9 of Article 5 may, according to the nature and practical need of each case, include the following:

21.The completeness and feasibility of the written description or proposal of the design.

32.The level of understanding on the use of the designed work and the objective or result such designed work is to achieve.

43.The extent to which the designed work fits the concept of the entity.

54.The artistic nature of the designed work.

65.Work plan and estimated schedule.

76.The experience and capability of the project manager and major staff involved in the project.

87.The capability to perform the contract on time.

98.Where extra production fees are required for completing the designed work, the amount of such fees.

1For the selection of a provider by design contest, and where the invitation documents have prescribed the qualification requirements of the provider, the entity shall first assess the qualification of the provider. Unless the qualification of the provider fulfills the requirements prescribed in the invitation documents, the evaluation process for the provider shall cease to proceed further.

2The entity shall notify the provider of the result of its evaluation and shall state reasons of rejection to providers that have not been selected.

1The number of winning providers selected by the procurement evaluation committee may be more than one.

2The relevant regulations for selection of the most advantageous tender of the Act shall apply mutatis mutandis to the selection procedures referred to in the preceding paragraph.

1The price negotiation between the entity and the winning provider shall be conducted by one of the following methods, and the method adopted shall be stated in the invitation documents:

21.Where only one winning provider is selected, price negotiation shall be followed.

32.Where two or more winning providers are selected, price negotiation shall be conducted in a sequence according to the ranking of the winning providers, commencing from the provider which attains the first ranking. In the event where two or more providers have the same ranking, the provider with the higher score on the evaluation item assigned the largest share of potential points shall be given priority in the price negotiation. However, if more than one items that have been assigned the same highest share potential points, the provider with the higher total score across those evaluation items shall have priority in the price negotiation. If the scores are still identical, a comprehensive reevaluation shall be conducted among these providers. The provider with the highest overall evaluation score, the lowest price-to-score ratio, or the lowest aggregate ranking shall be given priority for price negotiation. If the scores of each provider remain identical after this re-evaluation, priority shall be determined by drawing lots.

1The award of contract under price negotiation by an entity referred to in the preceding Article shall be handled in accordance with one of the following methods:

21.Where the invitation documents have stated a fixed price or rate for the service fees, the contract shall be awarded according to the fixed price or rate.

32.Where the invitation documents have not stated a fixed price or rate for services fees, paragraph 2 of Article 53 and Article 54 of the Act shall apply to award of contract in excess of the government estimate or nullification of tenders.

4The provision of Article 46 of the Act shall apply where the entity sets the government estimate mentioned in subparagraph 2 of the preceding paragraph. Where the tender price of a supplier participating in price negotiation is reasonable and within the budget amount, the entity may set the government estimate in accordance with the tender price, and award the contract at the tender price.

The production fees for the designed work shall, in principle, apply the total price method. Where the awarded provider is receiving or paying any money on others’ behalf, the entity shall pay the actual amount upon verification.

1Where the winning provider is required to provide finished product or service after award, the entity may state in the invitation documents the conditions that the provider may be awarded incentive fee for delivering service at lower costs or better efficiency.

2Methods of payment of incentive fee referred to in the preceding paragraph, which shall be clearly stated by the entity in the invitation documents, if applicable, shall be as follows:

31. Where the service fee payable has been lowered, a given percentage of the amount of the contract price thus reduced and saved.

42. Where the actual performance evaluated is better than that agreed in the contract, the calculation method defined in the contract applies.

5The given percentage referred to in subparagraph 1 of the preceding paragraph shall not exceed 50%. The amount payable referred to in subparagraph 2 of the preceding paragraph shall not exceed 10% of the total contract value or 10% of the limit of the contract price.

1The contract may prescribe that the provider shall be entitled to receive a partial payment of service fees in advance after signing the contract. The remaining fees are payable monthly or by installments. The amount and conditions of each payment shall be clearly stated in the contract.

2In principle, the advance fees referred to in the preceding paragraph shall not exceed 30% of the total contract value or 30% of the upper limit of the total price payable.

Where the design of the provider requires, in accordance with relevant laws and regulations, certification by professionals, such as architects, professional engineers or fire equipment specialists , such works shall be implemented by the professionals, and certification must be obtained in accordance with the relevant laws and regulations.

1An entity conducting a design contest shall state in the invitation documents the ownership of any intellectual property rights derived from the work, and the legal obligation of the provider to handle and become responsible for matters that involve the infringement of rights of a third party.

2The entity may acquire the right referred to in the preceding paragraph, in part or in whole, or be authorized to exercise such right, according to the needs of the entity.

These regulations may apply mutatis mutandis to a tender where an entity conducts a design contest not in accordance with subparagraph 10 of paragraph 1 of Article 22 of the Act.

1These regulations shall take effect on May 27, 1999.

2The amendments to these regulations shall take effect as of the date of promulgation.