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REGULATIONS ON SPECIAL CASES CONCERNING THE ENFORCEMENT DECREE OF THE ACT ON CONTRACTS TO WHICH THE STATE IS A PARTY IN SPECIFIC PROCUREMENT

Presidential Decree No. 15187, Dec. 31, 1996

Amended by Presidential Decree No. 18094, Aug. 27, 2003

Presidential Decree No. 18873, jun. 23, 2005

Presidential Decree No. 20720, Feb. 29, 2008

Presidential Decree No. 22076, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 23000, jun. 30, 2011

Presidential Decree No. 23051, Jul. 28, 2011

Presidential Decree No. 23337, Dec. 2, 2011

Presidential Decree No. 24441, Mar. 23, 2013

Presidential Decree No. 24661, Jul. 15, 2013

Presidential Decree No. 24728, Sep. 17, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25847, Dec. 11, 2014

Presidential Decree No. 26391, Jul. 13, 2015

Presidential Decree No. 27300, jun. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for special cases concerning the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter referred to as the "Enforcement Decree") in international tendering under Article 4 of the Act on Contracts to Which the State is a Party (hereinafter referred to as the "Act") to implement plurilateral or bilateral agreements on government procurement acceded to or accepted by the Government, such as the Agreement on Government Procurement signed in Marrakesh on April 15, 1994. <Amended by Presidential Decree No. 18094, Aug. 27, 2003>
 Article 2 (Definitions)
The terms used in this Decree shall be defined as follows:
1. The term "international tendering" means tendering to procure goods, construction work or services in which foreigners solely or together with Koreans may participate, and includes negotiated contracts;
2. The term "contract for specific procurement" means a contract entered into by the State pursuant to the Act, the Enforcement Decree and this Decree to procure goods, construction work or services through the international tendering process referred to in Article 4 (1) and (2) of the Act;
3. The term "procuring agency" means a State agency that enters into a contract to procure goods, construction work or services pursuant to the Act, the Enforcement Decree and this Decree;
4. The term "open tendering" means a procurement method whereby all qualified persons who intend to participate in specific procurement may submit a tender;
5. The term "selective tendering" means a procurement method whereby only persons selected by a procuring agency may submit a tender for specific procurement;
6. The term "negotiated contract" means a procurement method whereby a procuring agency selects the other party to a contract for specific procurement without using tendering;
7. The term "list of qualified persons" means the list of persons who satisfy the conditions for participation in specific procurement of goods, construction work or services that a procuring agency has determined.
 Article 3 (Scope of Application)
(1) This Decree shall apply to contracts for specific procurement entered into by the State.
(2) "Cases specified by Presidential Decree" in Article 4 (1) 4 of the Act, means any of the following cases: <Amended by Presidential Decree No. 25847, Dec. 11, 2014; Presidential Decree No. 26391, Jul. 13, 2015>
1. Where specific procurement is required to protect the important national interest for national security, which is related to the procurement of arms, ammunition or munitions of war or the procurement for national security or for national defense purposes;
2. Where specific procurement is required to maintain public order and safety; to protect human, animal or plant life or health; or to protect intellectual property rights;
3. Where specific procurement is related to goods, services, etc. produced by philanthropic institutions, persons with disabilities, or prison labor;
4. Deleted; <by Presidential Decree No. 18094, Aug. 27, 2003>
5. Deleted; <by Presidential Decree No. 26391, Jul. 13, 2015>
6. Where specific procurement is related to goods, etc. for meals;
7. Where specific procurement is related to goods or services required for commercial sale or resale, or required to use in the supply of goods or services for commercial sale or resale;
8. Where specific procurement is required to acquire or rent real estate;
9. Where specific procurement is conducted for non-contractual agreements or any form of assistance;
10. Where specific procurement is conducted for the following services:
(a) Fiscal agency or depository services;
(b) Liquidation and management services for financial institutions;
(c) Services related to sale, redemption and distribution of public debts;
11. Where specific procurement is required to provide international assistance, such as development aid;
12. Where specific procurement is conducted under the particular procedure or condition of an international agreement relating to the joint implementation by the signatory countries of a project;
13. Where specific procurement is conducted under the following procedures or conditions that are inconsistent with the Agreement on Government Procurement signed in Marrakesh on April 15, 1994 (including the Protocol Amending the Agreement on Government Procurement adopted on March 30, 2012; hereinafter referred to as the "Marrakesh Agreement on Government Procurement"):
(a) Procedures or conditions followed or required by an international organization;
(b) Procedures or conditions for funding by international grants, loans or other assistance.
(3) Government agencies, goods, construction work and services under Article 4 (2) of the Act shall be covered under attached Tables 1 and 2, respectively. <Amended by Presidential Decree No. 18094, Aug. 27, 2003>
(4) Where the Minister of Strategy and Finance intends to determine special exceptions to paragraphs (2) and (3) as stipulated in plurilateral or bilateral agreements on government procurement (including government procurement in international agreements; hereinafter referred to as "agreement") acceded to or accepted by the Government, such as the Marrakesh Agreement on Government Procurement, he/she shall announce matters concerning countries acceding to the Agreement (including countries accepting the Agreement; hereinafter the same shall apply); countries restricted from entering into a contract for specific procurement; the scope of application of the Agreement; and the scope of contracts for specific procurement, in accordance with the Agreement. <Newly Inserted by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 23051, Jul. 28, 2011; Presidential Decree No. 26391, Jul. 13, 2015>
(5) In any of the following circumstances, the head of a central government agency under Article 6 of the National Finance Act (hereinafter referred to as "head of each central government agency"); or a public official to which contracts are entrusted or delegated pursuant to Article 6 of the Act (hereinafter referred to as "contracting officer"), may use international tendering to conduct procurement pursuant to Article 4 (3) of the Act: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. Where it is deemed necessary to prevent defective construction work;
2. Where it is unlikely to achieve the objectives of procurement through domestic tendering process due to the lack of domestic production;
3. Where international tendering is deemed efficient to conduct procurement for the purpose or nature of the relevant contract.
(6) This Decree shall apply mutatis mutandis to international tendering under paragraph (5) to the extent not contrary to the nature thereof. In such cases, "contract for specific procurement" shall be construed as "international tendering under paragraph (5)." <Amended by Presidential Decree No. 18094, Aug. 27, 2003>
 Article 4 (Principles of Contracts for Specific Procurement)
(1) The head or a contracting officer of each central government agency shall fairly select the other party to a contract for specific procurement, and shall not discriminately provide information on government procurement.
(2) The head or a contracting officer of each central government agency shall observe the following in a contract for specific procurement: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. He/she shall neither select a particular valuation method for estimating the value of procurement nor divide a procurement into separate procurements with the intention of excluding it from the application of the Agreement;
2. He/she shall not apply rules of origin to goods, construction work or services supplied from the other party to the contract of a country acceding to the Agreement, that are different from the provisions of the Foreign Trade Act and the Customs Act that apply to the normal international trade to the same goods, construction work and services;
3. He/she shall not limit any conditions for participation in tendering or procurement by a supplier from a country acceding to the Agreement, by means of the designation of the localization rate of components, etc.; technology transfer; counter-trade, etc. in the process of examining conditions for participation in tendering, evaluating a tender, and selecting the successful supplier;
4. He/she shall receive, open, and treat a tender under procedures that guarantee the confidentiality of the tender.
 Article 5 (Preferential Treatment to Developing Countries)
(1) The head or a contracting officer of each central government agency may give preferential treatment to goods, construction work and services procured by the suppliers from developing countries in contracts for specific procurement as stipulated in the Agreement.
(2) The Minister of Strategy and Finance may determine and publicly announce countries eligible for preferential treatment and goods, etc. eligible for preferential treatment in relation to the application of paragraph (1). <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
 Article 6 (Exceptions to Preparation of Estimated Value)
In cases prescribed by Ordinance of the Ministry of Strategy and Finance, such as where it is difficult to estimate the value of goods or services in a contract for specific procurement because no price of actual transactions exists, the head or a contracting officer of each central government agency need not estimate such value under Article 7-2 (1) of the Enforcement Decree. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
 Article 7 (Methods for Entering into Contracts)
Contracts for specific procurement shall be divided into a contract awarded under open tendering, a contract awarded under selective tendering, and a negotiated contract.
 Article 8 (Languages to be Used)
(1) In principle, the language used in a contract for specific procurement shall be Korean: Provided, That where it is deemed inevitable to use a foreign language because suppliers of goods, etc. to be procured are located in a specific region, either the language of the relevant country or another language among English, French, and Spanish may be used.
(2) Where the head or a contracting officer of each central government agency publishes the notice of tender for specific procurement, he/she shall state the following information at the bottom of the notice of tender, in one language among English, French, and Spanish:
1. The subject-matter of the specific procurement;
2. Deadline for the submission of tenders and requests for participation in tendering process;
3. Name and address of the procuring agency (the agency that delivers documents relating to tendering).
(3) Where the head or a contracting officer of each central government agency allows use of multiple languages in preparing a tender for specific procurement, at least one language among English, French, and Spanish shall be one of such languages.
(4) Where there is any discrepancy or difference between the Korean version and the foreign language version prepared under paragraphs (2) and (3), the Korean version shall prevail.
 Article 9 (Conditions for Participation in Open Tendering and Examination of Qualification therefor)
(1) Where the head or a contracting officer of each central government agency deems it necessary to award a contract for specific procurement, he/she may establish any conditions for participation in open tendering, such as the performance results of the same type as the relevant contract, maximum contractual limit, construction capability, technical capability, managerial competency, etc. taking into account the type, size, etc. of the contract, in addition to the conditions stated in Article 12 (1) 2 and 3 of the Enforcement Decree: Provided, That domestic contract records shall not constitute conditions for participation except where the head or a contracting officer of each central government agency deems it essential to adequately performing the relevant contract. <Amended by Presidential Decree No. 23000, Jun. 30, 2011; Presidential Decree No. 26391, Jul. 13, 2015>
(2) Where a person who intends to participate in open tendering files an application, the head or a contracting officer of each central government agency shall examine whether he/she satisfies the conditions for participation in tendering under paragraph (1) and notify the applicant of the result of such examination. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(3) Where the head or a contracting officer of each central government agency examines whether any conditions for participation in tendering are satisfied pursuant to paragraph (2), he/she shall base its examination on the matters specified in the notice of tender or tender documentation referred to in Article 15, and evaluate the technical capability, managerial competency, etc. of participants in tendering on the basis of their business activities both inside and outside the territory of Korea. <Newly Inserted by Presidential Decree No. 26391, Jul. 13, 2015>
(4) The head or a contracting officer of each central government agency may choose not to conduct an examination under paragraph (2) on persons included in the list of qualified persons.
(5) Where a person not included on the list of qualified persons under Article 10 (1) submits a request for participation in tendering, the head or a contracting officer of each central government agency shall immediately examine whether he/she satisfies the conditions for participation and, where the head or a contracting officer of each central government agency deems that he/she has sufficient time to complete the examination of the request by the day before the final date for the submission of a tender, he/she shall allow the person who has applied for inclusion on the list of qualified persons to submit a tender.
 Article 10 (List of Qualified Persons)
(1) The head or a contracting officer of each central government agency may publicly announce the conditions for participation in tendering under Article 9 (1) through the integrated national electronic procurement system defined in subparagraph 4 of Article 2 of the Electronic Procurement Utilization and Promotion Act (hereinafter referred to as "electronic procurement system") at the beginning of each fiscal year; and allow persons who intend to participate in open tendering to apply at any time for inclusion on the list of qualified persons; examine the conditions for participation; prepare and keep the list of qualified persons according to the result of the examination thereof; and make the list of qualified persons available to persons who intend to participate in tendering. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 24728, Sep. 17, 2013>
(2) The head or a contracting officer of each central government agency shall notify applicants of the result of the examination of conditions for participation in tendering under paragraph (1) after the notice of tender is published and, where the period of validity of the list of qualified persons expires or persons included on the list of qualified persons are later excluded from the list, he/she shall notify the relevant persons of the details thereof.
 Article 11 (Publication of Notice of Tender)
(1) Where the head or a contracting officer of each central government agency uses open tendering to award a contract for specific procurement, he/she shall publicly announce the matters specified in Article 12, using an electronic procurement system. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 24728, Sep. 17, 2013>
(2) A notice of tender under paragraph (1) shall be published at least 40 days before the final date for a submission of a tender. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(3) Notwithstanding paragraph (2), where deemed impracticable to procure the subject matter of a contract in time, a notice of tender may be published at least 10 days before the final date for submission of tender documents for any of the following circumstances: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. In case of emergency;
2. Where a notice of planned procurement is published under Article 13 for at least 40 days during the last 12 months;
3. Where an individual requirement for a procurement results in awarding more than one contract, or in awarding contracts in separate parts (hereinafter referred to as "recurring contracts"), and subsequent notices are published after an initial notice for such recurring contracts;
4. Where the list of qualified persons is used, and the time-period for notice is fixed by mutual agreement between a procuring agency and a person included on the list of qualified persons.
(4) The head or a contracting officer of each central government agency may reduce the time-period of notice by five days for each one of the following circumstances: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. Where a notice of tender is published through the electronic procurement system;
2. Where all tender documentation referred to in Article 15 is made available through the electronic procurement system;
3. Where a tender is accepted through the electronic procurement system.
(5) The use of paragraph (4), in conjunction with paragraph (3), shall in no case result in the reduction of the time-period for notice to less than 10 days. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(6) Where a notice of tender published under paragraphs (1) through (4) is amended or reissued under Article 20 (2) of the Enforcement Decree, Article 33 (2) of the Enforcement Decree shall apply to the publication of amended notice and Article 35 (4) and (5) of the Enforcement Decree shall apply to the publication of re-issued notice, respectively. <Newly Inserted by Presidential Decree No. 26391, Jul. 13, 2015>
 Article 12 (Details of Notice of Tender)
Where the head or a contracting officer of each central government agency publishes a notice of tender under Article 11, he/she shall include the following in addition to the matters provided for in Article 36 of the Enforcement Decree:
1. A description of options in relation to the relevant procurement; and, for recurring contracts, the timing of publication of the subsequent notices of tender;
2. The procurement method to be used, such as open tendering or selective tendering; and whether it will involve negotiation;
3. Any contractual means used by a procuring agency, including: purchase; lease; and rental or hire purchase;
4. The address and deadline for a submission of an application for examination of conditions for participation in tendering, a request for participation in tendering and tender documents, and the language or languages in which they may be submitted;
5. Whether the tender is covered by the Agreement;
 Article 13 (Publication of Notice of Planned Procurement)
(1) The head or a contracting officer of each central government agency may publish, in each fiscal year, a notice of procurement of goods, construction work and services to be procured under contracts for specific procurement, through the electronic procurement system. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 24728, Sep. 17, 2013>
(2) A notice of planned procurement shall include the matters specified in Article 8 (2) and the planned date of the publication of a notice of tender, and include as much of the matters referred to in Article 12 as possible. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
 Article 14 (Technical Specifications)
(1) The head or a contracting officer of each central government agency shall prepare performance-based technical specifications in terms of quality, performance, etc.; and shall base the technical specifications on the international standards, where such exist; otherwise, on national laws and regulations or national standards, except in extenuating circumstances.
(2) Where international standards, etc. referred to in paragraph (1) do not exist, the head or a contracting officer of each central government agency may prepare technical specifications through quality or performance tests.
(3) The head or a contracting officer of each central government agency may prepare technical specifications to promote the conservation of natural resources or to protect the environment by mutual agreement with persons who intend to participate in tendering. <Newly Inserted by Presidential Decree No. 26391, Jul. 13, 2015>
(4) Where there is no other sufficiently accurate way of describing procurement requirements for goods or services without prescribing a particular trademark, specification, etc., and the tender documentation referred to in Article 15 includes the particular trademark, specification, etc., the head or a contracting officer of each central government agency shall indicate that he/she will consider tenders of equivalent goods or services that fulfill the specific requirements for such particular trademark, specification, etc.
(5) In cases falling under paragraph (4), a participant in tendering shall prove that specifications, quality, etc. of goods or services he/she intends to supply are equivalent to, or higher than, the specific requirements. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(6) The head or a contracting officer of each central government agency shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation of any technical specification from a person who has commercial interest in procurement.
(7) Where the head or a contracting officer of each central government agency deems it necessary for fair competition, etc., he/she may make available technical specifications to the participants in tendering before they submit tenders, and allow them to present their opinions on the technical specifications.
 Article 15 (Delivery of Tender Documents)
Where the head or a contracting officer of each central government agency intends to use open tendering to award a contract for specific procurement, he/she shall, upon request, deliver documents concerning tendering (hereinafter referred to as "tender documents") under Article 14 (1) or 16 (1) of the Enforcement Decree to persons intending to participate in the relevant tendering; and shall immediately provide an explanation of such documents upon request. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
 Article 16 (Submission and Receipt of Tenders)
(1) The head or a contracting officer of each central government agency shall not prohibit submission of tenders by mail.
(2) Where necessary, the head or a contracting officer of each central government agency may permit submission of tenders and tender documents by wire, telegram and facsimile.
(3) Where tenders and tender documents are submitted under paragraph (2), the participants in tendering shall immediately submit signed copies thereof for verification. In such cases, where the details of tenders and tender documents submitted by wire, etc. are different from those of signed copies submitted after the deadline for submission, the tenders and tender documents submitted by wire, etc. shall take precedence over the signed copies.
(4) Where a tender is submitted by mail pursuant to paragraph (1), the head or a contracting officer of each central government agency shall record the date and time of receipt thereof on the cover of the envelope of the relevant tender; put a receipt stamp on it; and keep the envelope unopened until the opening of the tender process and, where a tender is submitted to the designated department after the date and time specified in tender documents for the reasons attributable to the procuring agency, the head or a contracting officer of each central government agency shall not give any disadvantage to the person who submits such tender.
 Article 17 (Publication and Disclosure of Award Information)
(1) Where the head or a contracting officer of each central government agency selects a person to whom a contract for specific procurement is awarded, or a person eligible for negotiated contract pursuant to Article 23, he/she shall publish the matters prescribed by Ordinance of the Ministry of Strategy and Finance through the electronic procurement system by not later than 72 days from the date following the date of such selection. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24728, Sep. 17, 2013>
(2) The head or a contracting officer of each central government agency shall, on request, provide participants in tendering, etc. with information relating to such tender, except in extenuating circumstances.
(3) In relation to the provisions of paragraphs (1) and (2), matters concerning the scope of the disclosure of award information and exceptions to the disclosure thereof shall be prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
 Article 18 (Selective Tendering)
Where the head or a contracting officer of each central government agency uses selective tendering referred to in Article 7 of the Act to award a contract for specific procurement, he/she shall determine necessary conditions and criteria for selecting participants in selective tendering, in consideration of matters provided for in Article 9.
 Article 19 (Selection and Notification of Participants in Selective Tendering)
(1) Where the head or a contracting officer of each central government agency intends to use selective tendering to award a contract for specific procurement, he/she shall select persons deemed to meet the conditions and criteria for selection provided for in Article 18, and notify them of the matters related to a notice of tender provided for in Article 12 of this Decree and Article 36 of the Enforcement Decree at the same time.
(2) A notification under paragraph (1) shall be made on the date of the publication of a notice referred to in Article 20 (1).
 Article 20 (Publication of Notice of Selective Tendering)
(1) Where the head or a contracting officer of each central government agency uses selective tendering to award a contract for specific procurement, he/she shall publish a notice of selective tendering by applying the provisions of Articles 11 and 12 mutatis mutandis.
(2) Notwithstanding paragraph (1), in cases of selective tendering without the list of qualified persons referred to in Article 10, the final date for submission of requests for participation in such selective tendering shall not be less than 25 days from the date before the date of the publication of the notice referred to in paragraph (1).
 Article 21 (Examination of Conditions for Participation in Selective Tendering)
(1) Where an application for examination of conditions for participation in selective tendering is submitted after the date of the publication of a notice referred to in Article 20, the head or a contracting officer of each central government agency shall immediately examine the conditions provided for in Article 18: Provided, That, where it is impracticable to complete the examination of the request by the final date for submission of tenders, he/she shall notify the relevant applicant of such impracticability in advance.
(2) Where necessary, the head or a contracting officer of each central government agency shall establish the time-period for examining conditions for participation under paragraph (1) and include the said time-period in a notice referred to in Article 20.
(3) Where the head or a contracting officer of each central government agency prepares the list of qualified persons for selective tendering, he/she shall annually publish in the Official Gazette the matters prescribed by Ordinance of the Ministry of Strategy and Finance concerning conditions, etc. for participation in selective tendering. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
(4) The provisions of Article 10 shall apply mutatis mutandis where the list of qualified persons is prepared under paragraph (3).
 Article 22 (Provisions concerning Open Tendering to be Applied Mutatis Mutandis)
The provisions of Articles 9 through 17 shall apply mutatis mutandis to selective tendering.
 Article 23 (Negotiated Contract)
The head or a contracting officer of each central government agency may award a contract for specific procurement by a negotiated contract in any of the following circumstance: <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 26391, Jul. 13, 2015>
1. Where no tenders are submitted; the tenders submitted are collusive; or no tenders that conform to the requirements in a notice of tendering are submitted;
2. Where the goods or services can be supplied only by a particular supplier: for the reason that no alternative or substitute goods or services, such a work of art, exist; that they are subject to the protection of patents, copyrights or other exclusive rights; or that technical reasons exist;
3. Where the goods or services cannot be obtained in time using tendering for reasons of urgency;
4. Where additional deliveries of goods or services are necessary for replacement of components of goods or services procured under the initial procurement; the expansion of facilities; or additional construction work (applicable only where a change of suppliers for additional goods or services cannot be made for economic or technical reasons, such as interchangeability or interoperability; and where such change could cause significant inconvenience to the procuring agency);
5. Where a prototype, etc. developed at the request of a procuring agency is procured (excluding where the relevant prototype is continuously procured after the implementation of the relevant contract is completed);
6. and 7. Deleted; <by Presidential Decree No. 26391, Jul. 13, 2015>
8. Where goods are purchased on a commodity market (such as a commodity exchange);
9. Where goods or services are procured under exceptionally advantageous conditions for reasons, such as the disposal of assets, arising from liquidation, receivership or bankruptcy;
10. Where a contract is awarded to a winner of the design contest prescribed by Ordinance of the Ministry of Strategy and Finance.
 Article 23-2 (Electronic Auctions)
Where the head or a contracting officer of each central government agency intends to award a contract for specific procurement, using an electronic means that results in a ranking of tenders (hereafter referred to as "electronic auction" in this Article), he/she shall provide each participant in tendering with evaluation criteria, methods of evaluation based on the evaluation criteria and any other information relating to the execution of the auction before the commencement of the electronic auction.
[This Article Newly Inserted by Presidential Decree No. 26391, Jul. 13, 2015]
 Article 24 (Records concerning Contracts)
(1) Where the head or a contracting officer of each central government agency awards a contract for specific procurement using tendering, he/she shall preserve the documents relating to the tenders and contracts; and the documents in which the following information has been recorded for five years: <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
1. Names of participants in tendering and persons authorized to be present at the opening of tenders;
2. Name of the successful supplier, the value of the successful tender, and the explanation of the reasons why the successful supplier is selected;
3. Where a tender becomes invalid, a description of the tender, the explanation of the reasons why the tender becomes invalid;
4. Where a notice is given under Article 9 (2), a description of the notice;
5. Name of the country of origin of goods;
6. Other information prescribed by Ordinance of the Ministry of Strategy and Finance.
(2) Where the head or a contracting officer of each central government agency awards a negotiated contract for specific procurement, he/she shall preserve the documents relating to the contract; and the documents in which the following information has been recorded for five years: <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008>
1. The purpose of the contract;
2. Name, specifications, quantity, unit price, amount, etc. of goods;
3. Provisions of the statutes applicable to the contract and the explanation of the specific reasons why such provisions apply;
4. Name (firm name) and address of the other party to the contract;
5. The amount of the contract and the explanation of the reasons why the other party to the contract is selected;
6. Name of the country of origin of goods;
7. Other information prescribed by Ordinance of the Ministry of Strategy and Finance.
 Article 25 (Reporting on Award of All Contracts)
(1) The head of each central government agency shall submit to the Minister of Strategy and Finance a report on the award of all contracts, including the matters prescribed by Ordinance of the Ministry of Strategy and Finance, within 60 days after the end of the relevant year. <Amended by Presidential Decree No. 18094, Aug. 27, 2003; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 26391, Jul. 13, 2015>
(2) The competent Minister shall submit a report on all contracts awarded by public institutions covered by the Agreement, pursuant to paragraph (1). <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
 Article 26 (Contracts Subject to Formal Objection)
"Other matters prescribed by Presidential Decree" in Article 28 (1) 5 of the Act means any breach of the Agreement not provided for in Article 28 (1) 1 through 4 of the Act.
 Articles 27 through 38 Deleted. <by Presidential Decree No. 24661, Jul. 15, 2013>
 Article 39 (Relationship with Enforcement Decree)
Except as otherwise expressly prescribed by this Decree, the Enforcement Decree shall apply to a contract for specific procurement: Provided, That the provisions of Articles 21, 22 and 72 (3) of the Enforcement Decree shall not apply to administrative affairs concerning the contract for specific procurement.
 Article 40 (Application, etc. of International Business Practices)
(1) Where it is inevitable, given the procedures for specific procurement, such as the currency, type and time of payment of a security deposit, methods of payment of the price by letter of credit, etc., and inspection, notwithstanding Article 39, the head or a contracting officer of each central government agency may award a contract for specific procurement in accordance with international business practices to the extent not contrary to the Agreement and this Decree and the nature thereof.
(2) Where it is impracticable to award a contract for specific procurement of goods or services not in accordance with the international business practices concerning the adjustment of the contract amount due to price fluctuations, notwithstanding Article 64 (1) of the Enforcement Decree, the head or a contracting officer of each central government agency may award the contract in accordance with such international business practices to the extent not contrary to the Agreement and this Decree and the nature thereof.
 Article 41 (Special Cases Related to Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Chile)
(1) Notwithstanding Article 3 (3), services and construction work to be supplied by the suppliers from the Republic of Chile in accordance with the Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Chile (hereinafter referred to as "Korea-Chile Free Trade Agreement") under contracts for specific procurement, shall be as specified in attached Table 3.
(2) Notwithstanding Article 11, in cases of an international tender in which the suppliers from the Republic of Chile may participate in accordance with the Korea-Chile Free Trade Agreement, the notice of such international tender may be published in the Official Gazette or through the electronic procurement system. In such cases, the notice of tender shall be published by not later than ten days before the final date for submission of tenders. <Amended by Presidential Decree No. 24728, Sep. 17, 2013>
(3) Notwithstanding Article 16, in cases of an international tender for specific procurement determined and announced by the Minister of Strategy and Finance in which the suppliers from the Republic of Chile may participate in accordance with the Korea-Chile Free Trade Agreement, the tender documents thereof may be submitted using the electronic procurement system. <Amended by Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24728, Sep. 17, 2013>
[This Article Newly Inserted by Presidential Decree No. 18094, Aug. 27, 2003]
 Article 42 (Special Cases Related to Free Trade Agreement between the Republic of Korea and the European Union and its Member States)
Where, pursuant to Article 9.1 of the Free Trade Agreement of the Republic of Korea and the European Union and its Member States, the head or a contracting officer of each central government agency intends to award a contract for specific procurement to a supplier from a country that signed the Marrakesh Agreement on Government Procurement or a member state of the European Union referred to in Article 2 (7) of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, he/she shall not base the criteria for selecting the successful supplier on the following, or any conditions for participation in tendering on the matters referred to in subparagraph 1: <Amended by Presidential Decree No. 23051, Jul. 28, 2011; Presidential Decree No. 24441, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26391, Jul. 13, 2015; Presidential Decree No. 27300, Jun. 30, 2016>
1. Records of all contracts awarded by any of the following agencies:
(a) Government agencies provided for in attached Table 1;
(b) Local governments announced by the Minister of the Interior and Safety pursuant to Article 5 (1) of the Act on Contracts to Which a Local Government Is a Party;
(c) Public enterprises or quasi-government agencies which are required to use international tendering to award contracts for procurement in accordance with the Agreement on Government Procurement acceded to or adopted by the Government or international practices based on the Agreement, pursuant to Ordinance of the Ministry of Strategy and Finance that has provided for the matters necessary for the criteria, etc. for the limitation of conditions for participation in tendering pursuant to Article 39 (3) of the Act on the Management of Public Institutions;
2. Contracts awarded inside the territory of Korea, other than those referred to in subparagraph 1: Provided, That the foregoing shall not apply where the head or a contracting officer of each central government agency deems that domestic contract records are essential to adequately performing the relevant contract.
[This Article Newly Inserted by Presidential Decree No. 23000, Jun. 30, 2011]
 Article 43 (Special Cases Related to Free Trade Agreement between the Republic of Korea and the Republic of Peru)
(1) Deleted. <by Presidential Decree No. 26391, Jul. 13, 2015>
(2) Notwithstanding Article 3 (3), government agencies that are required to use international tendering in which the suppliers from the Republic of Peru participate in accordance with the Free Trade Agreement between the Republic of Korea and the Republic of Peru (hereinafter referred to as the "Korea-Peru Free Trade Agreement"), shall be as specified in attached Table 4. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(3) Where the head or a contracting officer of each central government agency intends to award a contract for specific procurement to a supplier from the Republic of Peru in accordance with the Korea-Peru Free Trade Agreement, he/she shall not base the criteria for selecting the successful supplier on the records of contracts awarded by any of the following agencies (hereafter referred to as "records of contracts awarded by government agencies, etc." in this paragraph): Provided, That the foregoing shall not apply where the head or a contracting officer of each central government agency deems that the records of contracts awarded by government agencies, etc. are essential to adequately performing the relevant contract: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. Government agencies provided for in attached Table 4;
2. Agencies referred to in subparagraph 1 (b) and (c) of Article 42.
[This Article Newly Inserted by Presidential Decree No. 23051, Jul. 28, 2011]
 Article 44 (Special Cases Related to Free Trade Agreement between the Republic of Korea and the United States of America)
(1) Deleted. <by Presidential Decree No. 26391, Jul. 13, 2015>
(2) Notwithstanding Article 3 (3), government agencies and public corporations that are required to use international tendering in which the suppliers from the United States of America participate in accordance with the Free Trade Agreement between the Republic of Korea and the United States of America (hereinafter referred to as the "Korea-U.S. Free Trade Agreement"), shall be as specified in attached Tables 5 and 6, respectively. <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(3) Notwithstanding Article 9 (1), where the head or a contracting officer of each central government agency intends to award a contract for specific procurement to a supplier from the United States of America pursuant to Article 17.5 of the Korea-U.S. Free Trade Agreement, he/she shall not base conditions for participation in tendering or criteria for selecting the successful supplier on the following:
1. Contracts awarded by government agencies under attached Table 5;
2. Contracts awarded inside the territory of the Republic of Korea, other than those referred to in subparagraph 1.
[This Article Newly Inserted by Presidential Decree No. 23337, Dec. 2, 2011]
 Article 45 (Special Cases Related to Free Trade Agreement between the Republic of Korea and the Republic of Colombia)
(1) With regard to the suppliers from the Republic of Colombia, cases where goods, etc. required to provide meals are procured shall be included in "cases prescribed by Presidential Decree" under Article 3 (2) in accordance with the Free Trade Agreement between the Republic of Korea and the Republic of Colombia (hereinafter referred to as the "Korea-Colombia Free Trade Agreement"). <Amended by Presidential Decree No. 25847, Dec. 11, 2014>
(2) Notwithstanding Article 3 (3), government agencies and public corporations that are required to use international tendering in which the suppliers from the Republic of Colombia participate, and the scope of construction work and services to be supplied by the suppliers from the Republic of Colombia in accordance with the Korea-Colombia Free Trade Agreement shall be as specified in attached Table 7 and 8, respectively.
(3) Notwithstanding Article 9 (1), where the head or a contracting officer of each central government agency intends to award a contract for specific procurement to a supplier from the Republic of Colombia pursuant to Article 14.6 of the Korea-Colombia Free Trade Agreement, he/she shall not base conditions for participation in tendering or criteria for selecting the successful supplier on the following: Provided, That the foregoing shall not apply where the head or a contracting officer of each central government agency deems that the records of contracts awarded by government agencies, etc. are essential to adequately performing the relevant contract:
1. Contracts awarded by government agencies under attached Table 7;
2. Contracts awarded inside the territory of the Republic of Korea, other than those referred to in subparagraph 1.
[This Article Newly Inserted by Presidential Decree No. 24661, Jul. 5, 2013]
 Article 46 (Special Cases Related to Free Trade Agreement between the Government of the Republic of Korea and the Government of Australia)
(1) With regard to the suppliers from Australia, cases where blood and blood products (including plasma derivatives) are procured shall be included in "cases prescribed by Presidential Decree" under Article 3 (2) in accordance with the Free Trade Agreement between the Government of the Republic of Korea and the Government of Australia (hereinafter referred to as the "Korea-Australia Free Trade Agreement"). <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
(2) Notwithstanding Article 3 (3), government agencies that are required to use international tendering in which the suppliers from Australia participate in accordance with the Korea-Australia Free Trade Agreement, shall be as specified in attached Table 9, and the scope of services and construction work to be supplied by the suppliers from Australia shall be as specified in attached Table 10.
(3) Where the head or a contracting officer of each central government agency intends to award a contract for specific procurement to a supplier from Australia pursuant to Article 12.6 of the Korea-Australia Free Trade Agreement, he/she shall not base the criteria for selecting the successful supplier on the following: Provided, That the foregoing shall not apply where the head or a contracting officer of each central government agency deems that the records of contracts awarded by government agencies, etc. are essential to adequately performing the relevant contract: <Amended by Presidential Decree No. 26391, Jul. 13, 2015>
1. Contracts awarded by government agencies under attached Table 9;
2. Contracts awarded inside the territory of the Republic of Korea, other than those referred to in subparagraph 1.
[This Article Newly Inserted by Presidential Decree No. 25847, Dec. 11, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1997.
Article 2 (Deadline for Exclusion from Application to Contracts for Manufacture and Purchase of Artificial Satellites)
The provision of Article 3 (2) 4 shall remain in force until December 31, 2001.
Article 3 Omitted.
Article 4 (Transitional Measures concerning Award of Contract for Offshore Procurement)
The former provisions shall apply to tendering performed after this Decree enters into force, the selection of the successful supplier and the award of a contract for which a notice of tender pursuant to the Offshore Procurement Contract Regulations before was published before this Decree enters into force, and any contract awarded after this Decree enters into force for which the successful supplier was selected, using tendering performed before this Decree enters into force.
ADDENDA <Presidential Decree No. 18094, Aug. 27, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 41 shall enter into force on the date the Korea-Chile Free Trade Agreement comes into effect.
(2) (Applicability to Scope of Agreement on Government Procurement) The amended provision of Article 1 shall apply beginning with the Agreement on Government Procurement that comes into effect after this Decree enters into force.
(3) (Applicability to Special Cases Related to Korea-Chile Free Trade Agreement) The amended provisions of Article 41 shall apply beginning with a contract for which a notice of tender is published after the aforesaid Article enters into force.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 8 of Addenda, amended the parts of the Presidential Decrees which were promulgated before this Decree enters into force, whose enforcement dates have not come, shall enter into force on the date the relevant Presidential Decrees enter into force, respectively.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted).
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23000, Jun. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Free Trade Agreement among the Republic of Korea, the European Union and its Member States comes into effect.
Article 2 (Applicability)
This Decree shall apply beginning with the first contract for specific procurement for which a notice of tender is published after this Decree enters into force.
ADDENDA <Presidential Decree No. 23051, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Korea-Peru Free Trade Agreement comes into effect.
Article 2 (Applicability)
This Decree shall apply beginning with the first contract for specific procurement for which a notice of tender is published after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23337, Dec. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Korea-U.S. Free Trade Agreement comes into effect.
Article 2 (Applicability)
This Decree shall apply beginning with the first contract for specific procurement for which a notice of tender is published after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24441, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24661, Jul. 15, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 45 shall enter into force on the date the Korea-Colombia Free Trade Agreement comes into effect.
Article 2 (Applicability to Special Cases on Korea-Colombia Free Trade Agreement)
The amended provisions of Article 45 shall apply beginning with the first contract for specific procurement for which a notice of tender is published after this Decree enters into force.
ADDENDA <Presidential Decree No. 24728, Sep. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of Addenda, amended the parts of the Presidential Decrees which were promulgated before this Decree enters into force, whose enforcement dates have not come, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25847, Dec. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgations: Provided, That the amended provision of Article 45 (1) shall enter into force on the date the Korea-Colombia Free Trade Agreement comes into effect, and the amended provisions of Article 46, and attached Table 9 and 10 shall enter into force on the date the Korea-Australia Free Trade Agreement comes into effect.
Article 2 (Applicability to Special Cases on Korea-Australia Free Trade Agreement)
The amended provisions of Article 46 shall apply beginning with a contract for specific procurement for which a notice of tender is published after the Korea-Australia Free Trade Agreement comes into effect.
ADDENDA <Presidential Decree No. 26391, Jul. 13, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (2) and (4), 4 (2) 4, the proviso to Article 9 (1) and paragraphs (3) through (5) of the aforesaid Article, Articles 11 (3) through (5), 13, 14 (3) through (7), subparagraphs 4, 6 and 7 of Article 23, Articles 23-2, 25 (2), 42 through 44, 46, and attached Tables 1, 2, 4, 5, 7 and 9 shall enter into force on the date the Amendment Protocol to the Agreement on Government Procurement comes into effect in the Republic of Korea.
Article 2 (General Applicability)
This Decree shall apply beginning with the first contract for specific procurement for which a notice of tender is published or the first negotiated contract awarded after this Decree enters into force.
Article 3 (Transitional Measures concerning Public Reannouncement and Public Announcement of Corrections after Notice of Tender is Published)
(1) Notwithstanding the amended provisions of Article 11 (3) 2 and (6), the former provisions thereof shall apply where the head or a contracting officer of each central government agency intends to make a public reannouncement pursuant to Article 20 (2), in which case a notice of tender was published before this Decree enters into force.
(2) Notwithstanding the amended provisions of Article 11 (4) and (6), the former provisions thereof shall apply where the head or a contracting officer of each central government agency intends to make a public announcement of corrections to the details of a notice of tender published, in which case the notice of tender was published before this Decree enters into force.
ADDENDA <Presidential Decree No. 27300, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted).
Articles 2 through 10 Omitted.