Government Procurement Act Article 101

Where a procuring entity finds that a supplier has any of the following circumstances, the entity shall notify the supplier of the facts, reasons related thereto, and the period pursuant to paragraph 1 of Article 103, indicate with a note in the notification that it will be published on the Government Procurement Gazette if the supplier does not file a protest:1. where the supplier allows any others to borrow its name or certificate to participate in a tender;2. where the supplier borrows or assumes any other’s name or certificate to participate in a tender;3. where the supplier has substantially reduced the work or materials without obtaining a prior approval, particularly serious thereof;4. where the supplier uses false or untrue documents to tendering, contracting, or performing a contract, particularly serious thereof ;5. where the supplier participates in tendering during the period when its business operation has been suspended by a disciplinary action;6. where the supplier has committed any of the offenses prescribed in Articles 87 to 92 hereof, and has been sentenced by a court of the first instance;7. where the supplier refuses to execute a contract without due cause after award;8. where an inspection indicates any particularly serious non-conformity with the contractual requirements;9. where the supplier does not fulfill its obligation of guarantee after inspection and acceptance, particularly serious thereof;10. where the time-limit for contract performance is particularly seriously delayed due to causes attributable to the supplier;11. where the supplier is in breach of the requirement of Article 65 by assigning a contract to others;12. where a contract is rescinded or terminated for causes attributable to the supplier, particularly serious thereof;13. where the supplier is under the procedure of bankruptcy;14. where the supplier discriminates gender, indigenous peoples , people with disabilities, or personnel of disadvantaged groups, particularly serious thereof; or15. where the supplier offered, promised, or delivered improper benefits to the personnel in relation to procurement;Where there is a supplier who shares the liability with the contractor jointly and severally and the entity notifies the supplier to fulfill its liability, the preceding paragraph shall also apply.Prior to conducting the notification pursuant to paragraph 1, an entity shall provide the supplier an opportunity to give a verbal or written statement, and the entity shall also establish a working and review group to determine whether the supplier has satisfied with any circumstance referred to in paragraph 1.For the circumstances of particularly serious prescribed in paragraph 1, an entity shall evaluate the extent of damage suffered by the entity, the extent of responsibilities attributable to the supplier, and the actual remedies or compensation measures from the supplier, etc.