The Public Construction Commission of the Executive Yuan (hereinafter referred to as the “PCC”) recently amended the Regulations for Electronic Procurement. Under the newly amended Article 6, Paragraph 2, an entity shall specify in the tender documentation that a supplier engaging in the electronic
The PublicConstruction Commission of the Executive Yuan (hereinafter referred to as the“PCC”) recently amended the Regulations for Electronic Procurement. Under thenewly amended Article 6, Paragraph 2, an entity shall specify in the tenderdocumentation that a supplier engaging in the electronic acquirement of tenderdocumentation must submit the electronic instrument used for such acquisitionobtained from the designated information system when submitting a tender,either electronically (hereinafter referred to as “electronic submission oftender”) or in written form. If the supplier fails to provide such document,the entity shall proceed in accordance with Article 50 of the GovernmentProcurement Act.
That is, if avendor who acquires tender documentation using electronic means fails to submitthe “electronic instrument used for the acquisition” (hereinafter the “ElectronicInstrument for Acquisition”) with its tender, the procuring entity may invokeArticle 50, Paragraph 1, Subparagraph 1 of the Government Procurement Act(“failure to submit a tender in accordance with the requirements of the tenderdocumentation”) or Subparagraph 2 (“tender contents do not inconsistent withthe requirements of the tender documentation”) as grounds to reject the tenderor refuse to award the contract to such vendor. If discovered after award orcontract signing, the entity may cancel the award, terminate the contract, orrescind the contract.
This amendmentrepresents a shift from the PCC’s prior interpretation. Under PCC OrderGong-Cheng-Qi-Zi No. 09600182560 dated May 8, 2007, the PCC had previously heldthat failure to include the electronic instrument for acquisition should not begrounds for disqualification, and that any such requirement in tender documentationwould be considered invalid. However, with the latest amendment to the Regulationsfor Electronic Procurement, the PCC has issued a new order on April 1, 2025 (Gong-Cheng-Qi-ZiNo. 1140100194), revising the previous interpretation to align with the new provisionsand permitting procuring entities to explicitly treat “failure to attach the ElectronicInstrument for Acquisition” as grounds for disqualification in order tomaintain procurement order.
For vendors whofrequently participate in government procurement projects, this amendment changedthe focus of tender documentation review. Vendors should pay special attentionto this change to avoid being disqualified due to procedural oversight.
