Enforcement Rules of the Government Procurement Act Article 109

Where an entity selects an investor to construct or operate a project pursuant to Article 99 of the Act, and where the contract is to be awarded in the principle of the value a supplier promises to offer to the entity, the entity may prescribe one of the following in the tender documentation and award a contract to a tenderer whose tender meets the requirements set forth therein:1. where a government estimate is set for the procurement, a tenderer whose tender price is the highest one and not less than the government estimate;2. where no government estimate is set for the procurement, a tenderer whose tender price is the highest one and reasonable;3. where an award is made to the most advantageous tender, the most advantageous one determined by the head of the procuring entity or the majority of the evaluation committee; or4. where multiple award is adopted, tenders meeting the substance of competitive bidding in regard to the highest price or the most advantageous tender.The preceding paragraph shall apply mutatis mutandis to the circumstances where an entity prescribes in the tender documentation that the tender price include expenditures and revenues of the entity, or that the entity provide the property or rights to the supplier for usage, in exchange of a return without expenditures from the entity, provided that the contract is to be awarded in the principle of the value a supplier promises to offer to the entity.