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  • 1.

    What is the relevant legislation regulating the award of public contracts?

  • 2.

    Is there any sector-specific procurement legislation supplementing the general regime?

  • 3.

    In which respect does the relevant legislation supplement the EU procurement directives or the GPA?

  • 4.

    Are there proposals to change the legislation?

  • 5.

    Which, or what kinds of, entities have been ruled not to constitute contracting authorities?

  • 6.

    Are contracts under a certain value excluded from the scope of procurement law? What are these threshold values?

  • 7.

    Does the legislation permit the amendment of a concluded contract without a new procurement procedure?

  • 8.

    Has there been any case law clarifying the application of the legislation in relation to amendments to concluded contracts?

  • 9.

    In which circumstances do privatisations require a procurement procedure?

  • 10.

    In which circumstances does the setting up of a public-private partnership (PPP) require a procurement procedure?

  • 11.

    In which publications must regulated procurement contracts be advertised?

  • 12.

    Are there limitations on the ability of contracting authorities to set criteria or other conditions to assess whether an interested party is qualified to participate in a tender procedure?

  • 13.

    Is it possible to limit the number of bidders that can participate in a tender procedure?

  • 14.

    How can a bidder that would have to be excluded from a tender procedure because of past irregularities regain the status of a suitable and reliable bidder? Is the concept of ‘self-cleaning’ an established and recognised way of regaining suitability and reliability?

  • 15.

    Does the relevant legislation specifically state or restate the fundamental principles for tender procedures: equal treatment, transparency and competition?

  • 16.

    Does the relevant legislation or the case law require the contracting authority to be independent and impartial?

  • 17.

    How are conflicts of interest dealt with?

  • 18.

    How is the involvement of a bidder in the preparation of a tender procedure dealt with?

  • 19.

    What is the prevailing type of procurement procedure used by contracting authorities?

  • 20.

    Can related bidders submit separate bids in one procurement procedure?

  • 21.

    Is the use of procedures involving negotiations with bidders subject to any special conditions?

  • 22.

    If the legislation provides for more than one procedure that permits negotiations with bidders, which one is used more regularly in practice and why?

  • 23.

    What are the requirements for the conclusion of a framework agreement?

  • 24.

    May a framework agreement with several suppliers be concluded?

  • 25.

    Under which conditions may the members of a bidding consortium be changed in the course of a procurement procedure?

  • 26.

    Are there specific mechanisms to further the participation of small and medium-sized enterprises in the procurement procedure? Are there any rules on the division of a contract into lots? Are there rules or is there case law limiting the number of lots single bidders can be awarded?

  • 27.

    What are the requirements for the admissibility of variant bids?

  • 28.

    Must a contracting authority take variant bids into account?

  • 29.

    What are the consequences if bidders change the tender specifications or submit their own standard terms of business?

  • 30.

    What are the award criteria provided for in the relevant legislation?

  • 31.

    What constitutes an ‘abnormally low’ bid?

  • 32.

    What is the required process for dealing with abnormally low bids?

  • 33.

    Which authorities may rule on review applications? Is it possible to appeal against review decisions and, if so, how?

  • 34.

    If more than one authority may rule on a review application, do these authorities have the power to grant different remedies?

  • 35.

    How long do administrative or judicial proceedings for the review of procurement decisions generally take?

  • 36.

    What are the admissibility requirements?

  • 37.

    What are the time limits in which applications for review of a procurement decision must be made?

  • 38.

    Does an application for review have an automatic suspensive effect blocking the continuation of the procurement procedure or the conclusion of the contract?

  • 39.

    Approximately what percentage of applications for the lifting of an automatic suspension are successful in a typical year?

  • 40.

    Must unsuccessful bidders be notified before the contract with the successful bidder is concluded and, if so, when?

  • 41.

    Is access to the procurement file granted to an applicant?

  • 42.

    Is it customary for disadvantaged bidders to file review applications?

  • 43.

    If a violation of procurement law is established in review proceedings, can disadvantaged bidders claim damages?

  • 44.

    May a concluded contract be cancelled or terminated following a review application of an unsuccessful bidder if the procurement procedure that led to its conclusion violated procurement law?

  • 45.

    Is legal protection available to parties interested in the contract in case of an award without any procurement procedure?

  • 46.

    What are the typical costs of making an application for the review of a procurement decision?

  • Updates and trends

Chen & Lin is a firm that engages in a diverse and sophisticated general business practice in Taiwan.  We provide our clients with a full range of business law services, including corporate, securities, finance, intellectual property and all types of business litigation.

View more information about Chen & Lin Attorneys-at-Law

Bank Tower, 12th Floor
205 Tun Hwa North Road
T: +886 2 2715 0270
F: +886 2 2514 7510


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