RULES ON SPECIAL CASES CONCERNING ENFORCING THE ACT ON CONTRACTS TO WHICH THE STATE IS A PARTY IN SPECIFIC PROCUREMENT
Wholly Amended by Ordinance Of the Public Procurement Service No. 358, Aug. 7, 2013
Amended by Ordinance Of the Public Procurement Service No. 360, Sep. 17, 2013
Ordinance Of the Public Procurement Service No. 492, Jul. 20, 2015
| Article 2 (Exceptions to Determination of Budget Prices) |
"Cases where it is impractical to determine a budget price due to the lack of price information of actual transactions, etc." referred to in Article 6 of the Regulations on Special Cases concerning the Enforcement Decree of the Act on Contracts to Which the State Is a Party in Specific Procurement (hereinafter referred to as the "Regulations on Special Cases") means where goods, such as services, machinery and raw materials, steel materials, foodstuffs, animals, chemical products (excluding fertilizers), medicines, paper and paperboards, dairy products, and wood products, fall under any of the following: | 1. | When prices of the relevant goods vary substantially depending on region or time; |
| 2. | When only certain producers are able to produce the relevant goods; |
| 3. | When the international market price has not been determined for the relevant goods; |
| 4. | When prices of the relevant goods vary substantially depending on the design of manufacturers; |
| 5. | When the purchase of the relevant goods is made in conformity with the specifications presented by suppliers; |
| 6. | When the relevant goods must be purchased urgently, leaving insufficient time for determining budget prices. |
| Article 3 (Public Announcement of Determination of Successful Tenders, etc.) |
In accordance with Article 17 (1) of the Regulations on Special Cases, the following matters shall be publicly announced as to the determination of a successful tenderer or a person with whom a negotiated contract is to be concluded:
| 1. | Goods to be procured through a contract with a successful tenderer or a negotiated contract, and its quantity and price; |
| 2. | The name and address of a successful tenderer or a person with whom a negotiated contract is to be concluded; |
| 3. | The address of a procurement agency; |
| 4. | The procedures for determining a successful tenderer or a person with whom a negotiated contract is to be concluded; |
| 5. | In cases of competitive tendering, the procedures for publicly announcing a tender; |
| 6. | In cases of a negotiated contract, the grounds for pursuing a negotiated contract; |
| 7. | Other matters related to determining a successful tenderer, etc. |
| Article 4 (Scope of Disclosure of Information on Successful Tenders, etc. and Exceptions to Information Disclosure) |
| (1) | The scope of information on a successful tender, etc. to be disclosed prescribed in Article 17 (3) of the Regulations on Special Cases shall be as follows: |
| 1. | The procurement practices and procurement procedures of an ordering agency; |
| 2. | The grounds for rejecting an application for examination of qualification to participate in a tendering process; the grounds for suspending the qualification to participate in a tendering process; and the grounds for not selecting the relevant person as a person qualified to participate in a tendering process; |
| 3. | The grounds for not selecting the relevant person as a successful tenderer; and the name of the successful tenderer (in cases of a corporation, referring to the name of its representative), and the characteristics and merits of the successful written tender. |
| (2) | Cases where information on successful tenders, etc. may not be disclosed pursuant to Article 17 (3) of the Regulations on Special Cases, means where the disclosure of information specified in paragraph (1) 3 or Article 3 may result in any of the following cases: |
| 1. | Where disclosing such information is likely to interfere with law enforcement or violate public interests; |
| 2. | Where disclosing such information is likely to infringe the legitimate commercial interests of a particular enterprise or otherwise where such disclosure may interfere with fair competition. |
| Article 5 (Public Announcement of Preparation of List of Persons Eligible for Tendering in Selective Competitive Tendering Process) |
Where the head or a contracting officer of a central government agency prepares a list of persons eligible for tendering in selective competitive tendering process under Article 21 (3) of the Regulations on Special Cases and publicly notifies the qualification requirements for participating in selective competitive tendering process, etc. in the Official Gazette, he/she shall include the following matters in such notification:
| 1. | The list of companies registered on the list of qualified persons (the item classification number of goods or services, or classes of goods or services, to be procured based on the list of qualified persons, shall be contained therein); |
| 2. | The requirements for registration on the list of qualified persons, and the methods for examination; |
| 3. | The validity period of the list of qualified persons, and the procedures for its renewal; |
| 4. | Other matters related to registration on the list of qualified persons. |
| Article 6 (Open Design Competition Related to Cases Applicable to Negotiated Contracts) |
"Open design competition prescribed by Ordinance of the Ministry of Strategy and Finance" referred to in subparagraph 10 of Article 23 of the Regulations on Special Cases means an open design competition publicly announced in the Official Gazette or the Korea On-line E-Procurement System prescribed in Article 22 (1) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party for the purposes of concluding a contract with a person selected as a winner in such open design competition which shall allow the participation of any qualified person and be examined by a group of examiners independent of an ordering agency. <Amended by Ordinance of the Ministry of Strategy and Finance No. 360, September 17, 2013>
| Article 7 (Demand for Materials Related to Contracts, etc.) |
| (1) | Upon receipt of a request to provide materials related to a particular procurement contract from any Party to the Government Procurement Agreement, the Minister of Strategy and Finance may request the head of the relevant central government agency to submit relevant materials. |
| (2) | The head of any central government agency in receipt of a request for submission of relevant materials prescribed in paragraph (1), shall submit such materials to the Minister of Strategy and Finance without delay. |
| Article 8 (Reporting Results of Contracts) |
| (1) | A report on results of a contract referred to in Article 25 (1) of the Regulations on Special Cases, shall contain the following information: |
| 1. | The number of contracts for goods, construction works, and services subject to specific procurement contracts, and the total value of such contracts; |
| 2. | The number and total value of specific procurement contracts for goods, construction works, and services, as subdivided in accordance with the internationally recognized and unified classification system; |
| 3. | The number and total value of negotiated contracts for goods, construction works, and services concluded under Article 23 of the Regulations on Special Cases. |
| (2) | The contents of a report on the results of a contract referred to in Article 25 (2) of the Regulations on Special Cases, shall be the number and total value of contracts for goods, construction works, and services concluded after undergoing an international tendering process in accordance with Article 4 (1) of the Rules on Contracting Affairs of Public Corporations and Quasi-governmental Institutions. |
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 492, July 20, 2015]
ADDENDUM <Ordinance of the Ministry of Strategy and Finance No. 358, August 7, 2013>
These Rules shall enter into force on the date of their promulgation.
ADDENDA <Ordinance of the Ministry of Strategy and Finance No. 360, September 17, 2013>
Article 1 (Enforcement Date)
These Rules shall enter into force on September 23, 2013.
Article 2 Omitted.
ADDENDUM <Ordinance of the Ministry of Strategy and Finance No. 492, July 20, 2015>
These Rules shall enter into force on the date the amended Protocol of the Government Procurement Agreement enters into effect in the Republic of Korea.